ITB 26_12 THE LAKES AT CEDAR GROVE SPEED TABL.pdf

ITB 26-12, The Lakes at Cedar Grove Subdivision Speed Tables Installation

City of South Fulton, Georgia

INVITATION TO BID

FOR

The Lakes at Cedar Grove Subdivision Speed Tables Installation

Public Works

ITB NUMBER: 26-12

ISSUED: FRIDAY, February 6, 2026

BIDS DUE NO LATER THAN: 2.00 PM FRIDAY, FEBRUARY 20, 2026

City of South Fulton Procurement Department

4715 Frederick Dr. SW South Fulton, GA 30336

ATTENTION BIDDERS:

THE CITY WILL SUBMIT THE ATTACHED DRAFT CONTRACT TO THE AWARDEE FOR

SIGNATURE. ANY EXCEPTIONS SHOULD BE NOTED ON THE EXCEPTIONS FORM.

The City of South Fulton, Georgia Stacy Ann Roberts Treasure

Purchasing Department 4715 Frederick Dr. SW., Atlanta, GA 30336

Phone: 470-809-7667

Website:

Procurement Department | South Fulton, GA

Procurement Department

INVITATION TO BID

ITB # 26-12

THE LAKES AT CEDAR GROVE SUBDIVISION SPEED TABLE INSTALLATION

SCHEDULE OF EVENTS DATE

Bid Release Date:

February 6, 2026

Non-Mandatory Pre-Bid Conference:

Our staff will hold a Non-Mandatory Pre-Bid Conference, and the person(s) Bidding - please refer to the information in Instructions to Bidders for details.

February 11, 2026, 11.00 AM ET

Deadline for questions:

Questions must be submitted online at:

https://www.Bidnetdirect.com/georgia/Cityofsouthfulton

February 13, 2026, 3.00 PM ET

Answers will be posted by addendum at:

https://www.Bidnetdirect.com/georgia/Cityofsouthfulton

February 18, 2026

All responses to this ITB must be submitted online at:

https://www.Bidnetdirect.com/georgia/Cityofsouthfulton. Bidders are required to submit responses to solicitations electronically. Assistance registering or using the platform, please call Bidnet Direct's Support Team at 800-835-4603 ext. 2 for assistance. To attend the Bid Opening, please refer to the Information and Instructions to Bidders.

February 20, 2026, 2.00 PM ET

THIS BID SOLICITATION FORM

MUST BE SIGNED AND SUBMITTED WITH BID

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID#:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

https://www.cityofsouthfultonga.gov/2462/Procurement-Department https://www.bidnetdirect.com/georgia/cityofsouthfulton https://www.bidnetdirect.com/georgia/cityofsouthfulton

TABLE OF CONTENTS

SCHEDULE OF EVENTS

INFORMATION AND INSTRUCTIONS TO BIDDERS

INTRODUCTION

ATTACHMENT

ATTACHMENT A – SCOPE OF SERVICES

ATTACHMENT B – BONDING AND INSURANCE REQUIREMENTS

APPENDDICES

APPENDIX A – BID COST FORM

APPENDIX B- FORMS TO COMPLETE

EXHIBITS

EXHIBIT A TERMS AND CONDITIONS

EXHIBIT B DRAFT CITY CONTRACT

EXHIBIT C THE LAKES AT CEDAR GROVE CONCEPT PLANS

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Invitation to Bids: This Invitation to Bid (ITB) is for qualified Firms hereinafter referred to as Bidder (“Bidder” or “Bidders”) for qualified personnel, referred to herein as Bidder or (“Bidder” or “Bidders”), for the installation of speed tables and stripping at the Lakes at Cedar Grove Subdivision. Scope of Work described in Attachment A: Scope of Services.

2. Work: “Work” means the installation of roadway speed tables; striping; pavement rehabilitation; asphalt placement; traffic control; cleanup; maintenance; corrective or remedial work; and all other related incidental construction and close-out services, including warranty obligations, performed as directed by the City.

3. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the City of South Fulton Purchasing Policy, codified in Sec. 1-9001 et seq of the City of South Fulton Code of Ordinances. By submitting a Bid in reference to this solicitation, a Bidder acknowledges that it is familiar with all laws applicable to this solicitation, including, but not limited to, the City’s Code of Ordinances, which rules are incorporated into this ITB by reference.

4. Minimum Qualifications: Each Bidder and team member must have the minimum experience outlined in this ITB.

5. Certificate of Authority to Transact Business in Georgia: Each Bidder must submit documentation that demonstrates it is duly authorized to conduct business in the State of Georgia with its Bid. This requirement also applies to Joint Venture (JV) Team Members, Sub- Consultants, and Sub-Contractors.

6. Business License: Bidder must submit a copy of their current, valid business license with the

Bid. If the Bidder is a Georgia corporation, they must also submit a valid City or County business license. If the Bidder is a joint venture, a valid business license for each member of the joint venture is required. Suppose the Bidder is not a Georgia corporation. In that case, they need to provide a Certificate of Authority to Transact Business in Georgia along with a current, valid business license from their home jurisdiction.

7. General Contractor’s License: Bidders responding to this ITB must provide a copy of their current Georgia General Contractor’s License as required by O.C.G.A. § 43-41-6, et seq. The Georgia General Contractor’s License must be issued in the name of the Bidder or their qualifying agent. Suppose a proposed Bidder relies on a qualifying agent’s Georgia General Contractor’s License. In that case, the name of the proposed Bidder must appear on the license as an affiliated business organization or dependent licensee. All licenses must be current, valid, and issued in accordance with applicable law. Failure to include this license with the Bid may result in the Bid being deemed non-responsive.

8. Permits: Bidder must attach a copy of any permits required by this ITB with its response.

9. No Offer by City and Firm Offer by Bidder: This solicitation does not constitute an offer by the City to agree and cannot be accepted by any Bidder to create a Contract. This solicitation is solely an invitation for offers from interested Bidders, and no offer must oblige the City. A Bidder’s offer is firm and may not be withdrawn except as provided in this ITB, in the City’s Code of Ordinances, and other applicable laws.

10. Bid Duration: Bids submitted in response to this ITB must be valid for a period of Ninety

(90) calendar days from the Bid Submission Deadline and must be marked as such.

11. Bid Submission Deadline: Responses to this ITB will be accepted online at https://www.Bidnetdirect.com/georgia/Cityofsouthfulton on February 20, 2026, by 2:00 PM, Eastern Time (ET). Bids received after this time will not be considered.

To attend the Bid Opening, please access Microsoft Teams via the app or on the web by utilizing the information below:

Meeting ID: 277 770 156 804 0 Passcode: p4LU6t8j Download Teams | Join on the web Or call in (audio only) +1 929-583-6155,477582183# United States, NY Phone Conference ID: 477 582 183# Find a local number | Reset PIN

12. Non-Mandatory Pre-Bid Conference: has been scheduled on February 11, 2026, at 11.00

AM ET, and will be hosted by our staff and responsible personnel. To attend the Pre-Bid Conference, please access Microsoft Teams via the app or on the web using the information below:

Meeting ID: 217 724 791 422 58 Passcode: 5aJ99P7A

Download Teams | Join on the web Or call in (audio only) +1 929-583-6155,907285023# United States, NY Phone Conference ID: 907 285 023# Find a local number | Reset PIN

Attendance at the Pre-Bid Conference is non-mandatory for Bidders responding to this ITB.

During the Pre-Bid Conference, the general requirements of the project will be discussed. Any questions during the Pre-Bid Conference will not be authoritative. Each Bidder must be fully informed regarding all existing and expected conditions and matters which might affect the cost or performance of the Services. It should be emphasized, however, that nothing stated or discussed during the court of this Pre-Bid conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents.

https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19295836155,,477582183 https://dialin.teams.microsoft.com/ba83620b-2648-4bd3-9555-378ecf04647b?id=782852982 https://dialin.teams.microsoft.com/usp/pstnconferencing https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19295836155,,907285023 https://dialin.teams.microsoft.com/ba83620b-2648-4bd3-9555-378ecf04647b?id=989159654 https://dialin.teams.microsoft.com/usp/pstnconferencing

13. Solicitation Questions/Prohibited Contacts: All questions and communications regarding this ITB must be submitted in writing by logging into https://www.Bidnetdirect.com/georgia/Cityofsouthfulton no later than February 13, 2026, at 3.00 PM ET. Questions received after this deadline may not be addressed. Any responses provided by the City will be posted online at:

https://www.Bidnetdirect.com/georgia/Cityofsouthfulton as an addendum. No Bidder should rely on any verbal response to questions regarding this ITB

13.1 Addenda Issuance and Cutoff: The City may issue written Addenda through BidNet at any time prior to the Bid Submission Deadline, Bidders are responsible for monitoring BidNet, downloading Addenda, and acknowledging receipt as required by the solicitation, If the City determines an Addendum is material, meaning it reasonably could affect price, scope, schedule, or risk allocation, the City will extend the Bid Submission Deadline by written notice through BidNet, Oral statements, site remarks, and informal communications do not modify the solicitation.

14. Local Bidders Preference Administration: Any local Bidder preference will be applied only if and exactly as authorized by the City Code of Ordinances and applicable law, The preference is for evaluation purposes only and does not change contract payment amounts, A Bidder claiming a local preference shall submit with its Bid, a current City business license, the physical address of its principal place of business within City limits, and an affidavit certifying the address is the Bidder’s principal place of business, The City may verify eligibility and may deny the preference if documentation is incomplete, inaccurate, or non-verifiable.

15. All Bidders, and/or representatives of Bidders, seeking an award of a City of South Fulton

Contract may not initiate or continue any verbal or written communications regarding a solicitation with any City Officer, Elected Official, Employee or other City representative other than the Department of Finance & Administrative Services employee named in the solicitation, between the date of the issuance of the solicitation and the date of the final Contract award by City Council, unless specified otherwise herein.

Attempting to influence the outcome of any Contract given before a recommendation of award to the City Council is prohibited. The Director of Finance & Administrative Services will review alleged violations of this prohibition. Suppose the Director of Finance & Administrative Services determines that such a communication has compromised the competitive process. In that case, the Bid submitted by that Bidder may be disqualified from consideration for award, and that Bidder may, among other things, be placed on the ineligible source list.

Violations of this prohibition may also be subject to prosecution under federal, state, or local laws. City of South Fulton Employees, Officials, and their family members are prohibited from seeking, requesting, or receiving any material payment, gift, job offer, security, promise of future benefit, or any other tangible or intangible thing of value when such receipt has the potential to influence a procurement decision or to gain unfair advantage in a procurement competition, and as outlined in Sec. 1- 9004 (d) of the City of South Fulton Code of Ordinances and all other applicable policies.

16. Ownership of Bids: Each Bid submitted to the City will become the property of the City, without compensation to a Bidder, for the City’s use, at its discretion. The City must not be liable for any Bid preparation costs incurred by Bidders.

17. Litigation and Claims Disclosure: Each Bidder shall submit with its Bid a statement identifying any litigation, claims, disputes, or arbitration proceedings that the Bidder, its officers, or key Sub-Contractors have been involved in during the past five (5) years. The City reserves the right to deem a Bidder non-responsible if the City determines that such litigation or claims may adversely affect the Bidder’s ability to perform the Work.

18. Georgia Open Records Act: Information provided to the City is subject to disclosure under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., in accordance with O.C.G.A. § 50-18-72(a)(34), which states, "[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph must submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].

19. If the Bidder asserts a portion of its submission is exempt from disclosure, the Bidder shall, at the time of submission, clearly mark each page or section as Confidential, provide a redacted copy suitable for release, and provide the affidavit required by O.C.G.A. § 50 18 72(a)(34).

The City makes no representation that any record will be withheld and will comply with applicable law. The Bidder shall indemnify the City for any claim arising from the Bidder’s failure to properly mark, redact, or support a confidentiality claim.”

Pricing and Bid tabulations are not considered confidential and will be released following the award to avoid Bidders' Disputes.

20. Record Retention: The Bidder must maintain all records, books, and documents pertinent to this Agreement for at least five (5) years after completing the services and must make them available for inspection upon reasonable request by the City or its auditors. Address below:

PROCUREMENT DEPARTMENT, 4715 Frederick Dr. SW, Atlanta, GA 3033

21. Audit and Records Access: The City and its auditors may inspect Contractor records related to this Contract for five years after final payment. The Contractor shall require all Sub- Contractors, suppliers, and lower-tier entities performing Work or billing the City to maintain and produce records consistent with this section. Contractor remains responsible for ensuring access to such records upon request.

22. Iran Divestment Certification: The Bidder certifies that they are not included on the Iran

Divestment List created under O.C.G.A 50-5-85 and do not participate in investment activities in Iran’s energy sector.

23. Certification Regarding Boycotts of Israel: Bidders certify that they are not currently engaged in and agree for the duration of the contract not to engage in a boycott of Israel as defined in O.C.G.A and 50-5-85.1.

24. Debarment and Suspension Certification: The Bidder affirms that neither it nor any of its principals is currently debarred, suspended, proposed for debarment, or declared ineligible for contracts by any Federal or State agency.

25. Cost-Plus Prohibition: The City must not accept a cost-plus-a-percentage-of-cost Bidder Contract. Any such pricing submitted must be considered non-responsive.

26. Non-Discrimination: The Bidder agrees not to discriminate against any person based on race, color, religion, national origin, sex, age, disability, veteran status, sexual orientation, or gender identity in performing this Agreement.

27. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any

Contract that may be awarded pursuant to this ITB are outlined in Appendix A: Bonding and Insurance Requirements. Bidder must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Bidder, if any. For purposes of this section, “Bidder” must mean an individual, corporation, or other corporate entity submitting a Bid in connection with this solicitation, including each Joint Venture partner if Bidder is a Joint Venture.

28. Sub-Consultants and Manufacturers: Bidders are required to submit, in writing, the addresses of any proposed Sub-Consultants or Contractor manufacturers listed in the Bid and may be required to submit other material information relative to proposed Sub-Consultants.

The City reserves the right to disapprove any proposed Sub-consultants whose technical or financial ability, resources, or experience are deemed inadequate.

29. Examination of Bid Documents: Each Bidder is responsible for monitoring BidNet and shall acknowledge all addenda as required by Section 13.1. Failure to acknowledge all Addenda may render the Bid non-responsive

29.1 Each Bidder is responsible for examining with appropriate care the complete ITB and all Addenda and for informing itself concerning all conditions which might in any way affect the cost or the performance of any Services. Failure to do so will be at the sole risk of the Bidder, who is deemed to have included all costs for performance of the Services in its Bid.

29.2 Each Bidder must promptly notify the City in writing should the Bidder find discrepancies, errors, ambiguities, or omissions in the solicitation documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the ITB. Replies to such notices may be made in the form of an addendum to the ITB, which will be issued simultaneously to all potential Bidders. No oral responses are binding on the City.

29.3 The City may, in accordance with applicable law, by Addendum, modify any provision or part of the ITB at any time before the Bid due date and time.

29.4 Each Bidder is responsible for monitoring BidNet and shall acknowledge all Addenda as required by Section 13.1. Failure to acknowledge all Addenda may result in Bid rejection.

29.5 The City may waive any technicalities and formalities in this solicitation. Additionally, the City reserves the right to cancel the ITB in its entirety.

29.6 Bid Security: Each Bid shall include a Bid Bond equal to five percent of the total Bid Amount, on the City’s form or a substantially equivalent surety form, issued by a surety authorized to do business in Georgia. Failure to submit the required Bid Bond with the Bid shall render the Bid non-responsive (See Attachment B – Bonding Requirements).

Responsiveness standard, A Bid is non responsive only if it fails to meet a mandatory submittal or mandatory specification stated as required in the ITB, The City may waive minor informalities that do not affect price, quality, quantity, delivery, or competitive standing, Disqualification decisions will be made consistently with Section 29.8 order of precedence and Section 32 protest procedures. The City of South Fulton may disqualify Bids because of, but not necessarily limited to, the following reasons:

29.6.1 Bid Bond threshold, For any Bid with a total Bid price exceeding $150,000, Bidder shall submit with its Bid a Bid Bond in the amount of five percent (5%) of the total Bid price, on the City form or a substantially equivalent surety form, executed by a surety authorized to do business in Georgia.

29.6.2 No bid bond required below threshold, For any Bid with a total Bid price of $150,000 or less, a Bid Bond is not required.

29.6.3 Non responsiveness, Failure to submit a required Bid Bond under Section shall render the Bid non responsive and ineligible for award.

29.6.4 Reference, Bonding requirements for payment and performance bonds, and timing for post award bonds, are stated in Attachment B, Bonding Requirements.

29.6.5 Failure to provide a Bid Bond when required by Section 29.6.1 will result in automatic rejection as non responsive.

29.6.6 Failure of Bidder to sign all requested documents.

29.6.7 Failure to submit a Bid by the deadline.

29.6.8 Failure of Contractor to extend prices.

29.6.9 Failure to hold firm pricing.

29.6.10 Failure to meet specified delivery requirements.

29.6.11 Prices for services or items that exceed the department's budgeted amount allowed for those items.

29.6.12 A Bid submitted by a Person on the Ineligible Source List.

29.6.13 a non-responsive Bid; and/or

29.6.14 A Bid submitted by a Person who has litigation pending against the City, or anyone representing a firm or business in litigation against the City, not arising out of the procurement process.

29.7 Addenda Responsibility: All Addenda issued by the City shall be made available through BidNet. It is the sole responsibility of each Bidder to verify the issuance of any Addenda prior to the Bid Opening. Failure of a Bidder to acknowledge receipt of all Addenda on the Bid Form may result in rejection of the Bid as non-responsive.

29.8 Order of precedence, arithmetic, and Extensions, In the event of a conflict among Bid documents, Addenda control over the ITB, the ITB controls over Attachments, and Attachments control over Exhibits, unless the City states otherwise in writing.

29.8.1 Arithmetic correction: The City may correct obvious clerical and arithmetic errors.

Unit prices govern over extended totals, and written words govern over numerals unless the City determines that the intent is clearly contrary.

29.8.2 Bidder confirmation: The City may request written confirmation of corrected pricing.

Failure to timely confirm may result in rejection as non-responsive.

29.9 Bid withdrawal and mistake claims: A Bid may be withdrawn by written notice received via BidNet at any time before the Bid Submission Deadline. After the Bid Submission Deadline, no Bid may be withdrawn during the ninety (90) day Bid validity period, except where the City determines, in its sole discretion and as allowed by applicable law, that a material clerical mistake occurred, and enforcement would be unconscionable.

29.9.1 Burden of proof: The Bidder bears the burden of providing clear and convincing evidence of the mistake, the manner in which it occurred, and the Bid actually intended.

29.9.2 No price shopping: A mistake claim shall not be used to reprice, rebalance, or renegotiate.

The City may permit withdrawal, or may permit correction only where the corrected Bid would not displace another Bidder’s competitive standing as determined by the City.

30. Award and Execution of Contract: If the City awards a Contract under this solicitation, the City will prepare and send the Bidder a Contract for execution. The Contract will be substantially the same as the Draft Contract included in this ITB, with changes only as needed to reflect the Bidder’s submitted Bid, Scope of Services, and Cost Forms.

30.1 Authority and Binding Effect

Award and execution of any contract resulting from this ITB shall be in accordance with the City of South Fulton Code of Ordinances, including Sec. 1-9001 et seq., and applicable approval thresholds. No contract or notice to proceed is valid or binding unless executed by an authorized City Official and supported by the lawful availability of funds.

30.2 Review and Proposed Revisions

Bidders should carefully review the Draft Contract before submitting a Bid. Any proposed changes to the terms or language must be submitted in writing with the Bid. Bidders should note that proposed revisions may cause the Bid to be rejected if the City finds the changes unacceptable. For this reason, any revisions should be reviewed by an Authorized Representative who has the authority to execute the Contract.

30.2.1 Exception Governance: All requested exceptions shall be submitted only on the Exceptions Form included in the solicitation. Markups or alternate terms submitted outside the Exceptions Form may be ignored. Material exceptions may render the Bid non-responsive at the City’s discretion.

30.3 Execution Process

Once the Bidder is approved by the City of South Fulton City Council, the City will issue three (3) unsigned Contract copies. The Bidder must sign all three copies and return them along with required insurance certificates and any other documents listed in the ITB within ten (10) calendar days of receiving the agreements.

30.4 Failure to return executed Contract documents and required insurance and compliance Documents within the stated period may result in rejection of the award, forfeiture of the Bid Bond, and award to the next lowest responsive and responsible Bidder.

31. Illegal Immigration Reform and Enforcement Act: This ITB is subject to the Illegal

Immigration Reform and Enforcement Act of 2011, formerly known as the Georgia Security and Immigration Compliance Act. This solicitation is subject to O.C.G.A. § 13- 10-91 through § 13-10-94, and the City will not award without the required Contractor Affidavit.

31.1 E-Verify Requirement

All Bidders must provide proof that they are registered with, and will continue to participate in the E-Verify Program operated by the U.S. Department of Homeland Security.

31.2 Required Forms

The Contractor Affidavit & Sub-Contractor Affidavit is included in Appendix B:

Required Form Submittals must be submitted with the Bid.

State law prohibits the City from considering any Bid that does not include a Completed this form.

31.3 Business Structure Requirements

• If the Bidder is required to have an Employer Identification Number (EIN), the

Contractor Affidavit must be completed on behalf of that entity and include its Federal Work Authorization User ID Number.

• If the Bidder does not require an EIN, each entity within the corporate structure must submit its own Affidavit.

31.4 Responsibility of Bidders

This notice does not provide legal advice. Bidders are responsible for understanding and complying with all requirements of the Act.

31.5 Additional Information

To learn more about or enroll in the E-Verify Program, visit:

https://e-verify.uscis.gov/enroll. Instructions for completing the Contractor Affidavit appear in the section preceding this form in the ITB.

32. Bid Protest Procedure: Any Bidder wishing to protest an intended award shall file a written protest within five (5) business days after the City issues the Notice of Intent to Award, The protest shall be addressed to the Procurement Director, City of South Fulton, and delivered to the Procurement Department at 4715 Frederick Dr SW, South Fulton GA 30336, delivery through the City’s designated electronic solicitation platform is acceptable if the City confirms receipt, The protest shall, identify the solicitation number, identify the specific action https://e-verify.uscis.gov/enroll protested, state all factual and legal grounds with supporting documentation, and state the relief requested, Grounds not raised in the initial protest are waived, The City will decide protests based on the written administrative record, the City may request written clarifications to complete the record, Failure to timely file waives all protest rights.

Failure to file a protest in a timely manner waives all protest rights.

32.1 Record-Based Review: Protests will be decided on the written administrative record. The City is not required to hold a hearing, permit discovery, or allow cross-examination. The City may, in its sole discretion, request written clarifications to complete the record.

32.2 Standard of Review: The protestor must show by a preponderance of the evidence that the City committed a clear and prejudicial violation of the solicitation or applicable law. Harmless errors do not warrant relief.

32.3 Limitation of Remedies: If the protest is sustained, the City’s remedies are limited to one or more of the following: correction of the procurement process, reevaluation, cancellation, and re-solicitation, or such other action as the City determines is in its best interest.

33. Joint Ventures: Each party to a Joint Venture will be required to fully complete and submit the

Required Submittal Forms unless otherwise indicated in this ITB.

34. Conflict of Interest: Bidders are advised to read and familiarize themselves with the conflict-of-interest provisions of this ITB. The City reserves the right to issue an ITB for specific projects that are independent of ITB # 26-12 The Lakes at Cedar Grove Subdivision Speed Tables Installation. Except as stated in this ITB, these Instructions, and the Notice to Bidders concerning Conflicts of Interests, successful Bidders under this ITB are not precluded from responding to such solicitations.

35. Tax Exemption Status: The City is exempt from Federal Excise Tax or Georgia Sales Tax regarding goods and services purchased directly by the City of South Fulton, and tax exemption certificates will be furnished upon request.

36. Codes, Permits, Fees, Licenses, and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same must be the sole responsibility of the successful Bidder.

All materials, labor, and construction must comply with all applicable rules and regulations of local, state, and/or national codes, laws, and ordinances of all authorities having jurisdiction over the project, which must apply to the Contract throughout and will be deemed to be included in the Contract the same as though herein written out in full.

37. TITLE VI SOLICITATION NOTICE: The City of South Fulton, GA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-

4) and the Regulations (28 CFR Part 42), hereby notifies all Bidders or offerors that it will affirmatively ensure that for any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded a full and fair opportunity to submit Bids in response to this invitation and will not be, on the grounds of race, color, or national origin, excluded from participation in, denied the benefits of, or subject to discrimination in consideration for an award for any program or activity that receives Federal funds or other Federal financial assistance.

38. Payment Terms: The City will provide payment within thirty (30) calendar days of receipt of an undisputed invoice. Milestone of phased billing will be permitted when deliverables are clearly defined.

39. Encouragement of Partnerships: Local Businesses are encouraged to form Joint

Ventures, Sub-Contracting arrangements, or consortia to meet the requirements of this ITB.

Prime Bidder is encouraged to include small businesses in their teams.

The City reserves the right to reject any submission that fails to comply with these electronic submission requirements.

40. Electronic Signature Acknowledgement: The City of South Fulton utilizes Adobe Sign, or another City-approved electronic signature platform, for the official execution of a contract, by submitting a Bid and, if awarded, executing a contract with the City the Bidder acknowledges and agrees to the following:

41.1 Legally Binding: An electronic signature executed possesses the same legal force and effect as a handwritten signature, in accordance with the Georgia Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.), the Federal Electronic Signatures in the Global and National Commerce Act (15 U.S.C. § 7001 et seq.), and any other applicable law.

41.2 Authority to Sign: The individual executing the contract electronically on behalf of the Bidder affirms their authority to bind the Bidder to the terms of the contract.

41.3 Official Record: The fully executed contract, as maintained by the City, shall serve as the official and binding version of the contract for all purposes.

41.4 No Requirement for Paper Originals: Unless specifically requested by the City no paper copies or handwritten signatures shall be necessary for the validity or enforceability of the contract.

41. Electronic Communications: All communications pertaining to this Solicitation and any resulting contract, including but not limited to Addenda, Notices of Award, contract amendments, and other official correspondence, shall be transmitted electronically by the City of South Fulton. The Bidder agrees to the following terms:

42.1 Official Delivery: Communications sent by the City shall be considered officially delivered on the date and time transmitted, unless the City encounters an error message indicating unsuccessful transmission.

42.2 Responsibility to Monitor: Bidders are responsible for actively monitoring the email address and/or electronic platform designated in their Bid submission for communications from the City. Failure to receive or review electronic communications shall not exempt the Bidder from any obligations under this ITB or any resulting contract.

42.3 Legal Effect: Electronic communications issued in accordance with this section shall carry the same legal force and effect as if provided in hard copy.

42.4 Record Retention: The City’s electronic records of such communications shall constitute the official record for all Procurement and contract administration purposes.

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INTRODUCTION

This project consists of installing speed tables and striping in the Lakes at Cedar Grove Subdivision.

The installation of these speed tables follows the attached concept drawings, including pavement markings, using the attached City of South Fulton Speed Table specification, as shown in the Lakes at Cedar Grove Concept Plans (Exhibit C).

1. INTENT TO AWARD

The City intends to award the contract to the lowest responsible Bidder who has submitted the lowest cost-responsive Bid. Additionally, the City reserves the right not to award and cancel the solicitation.

Responsibility - The City will determine whether the Bidder meets the following standard requirements:

1. Has the appropriate and adequate technical experience required.

2. Has adequate personnel and equipment to perform the work expeditiously.

3. Ability to comply with the required or proposed delivery and installation schedule.

4. Has a satisfactory record of performance.

5. The ability of Bidder to provide future maintenance and/or service.

6. Has adequate financial means to meet obligations incidental to the work; and such other factors the City deems to be pertinent to either the Bid or the Contract.

Responsiveness - The City will determine the Bidder’s responsiveness based on whether the Bidder has submitted complete Bid documents that meet ITB requirements without irregularities, exclusions, special conditions, or alternative Bids for any item unless specifically requested in the

ITB.

A Bid is non-responsive if it fails to include all mandatory submissions identified as required, including but not limited to, signed Bid Form, pricing on required forms, E Verify affidavit where applicable, acknowledgment of all addenda, required bid security if applicable, and required licenses and certificates. The City may request clarification of minor informalities but will not allow a Bidder to cure a material omission after the Bid Submission Deadline.

Criteria Only Bids determined to be both responsive and responsible will be considered for award.

The City will award the contract to the lowest-priced Bidder meeting all pass-fail requirements.

No Scoring or ranking The City will not use weighted scoring, interviews, ranking, or qualitative evaluations. This Invitation to Bid is awarded strictly based on the lowest responsive and responsible Bid, in accordance with Georgia procurement law.

City Rights The City reserves the right to reject any Bid deemed non-responsive, non-responsible, or not in the City's best interest; to waive technicalities; and to accept the Bid that complies with all non-mandatory requirements and offers the lowest price.

Tie Bids, If two or more responsive and responsible Bids are identical in total price, the City may break the tie using one or more of the following methods, in this order, as determined by the City in its sole discretion, comparison of the total cost impact of any alternates or Bid items not included in the base total, application of any local Bidder preference authorized and administered under the Local Bidders Preference section of this ITB, if applicable, or a random drawing conducted by the City and witnessed by Procurement. The City’s tie Bid determination is final.

2. TERM OF CONTRACT

The Contract term shall commence upon execution and shall continue through final acceptance and closeout, inclusive of any applicable warranty period as stated in the Contract.

See Exhibit B, Article 1. ‘Contract Term’.

3. SUB-CONSULTANTS AND SUB-CONTRACTORS

3.1 Bidder must ensure the standards for each of its Sub-Consultants and Sub-Contractors, as listed below and in each part of this ITB are met. Verification must include documentation that each Sub-Consultant or Sub-Contractor meets the criteria required to perform the work, including any business license, permits, certification, insurance requirements of this ITB, any governmental agency having jurisdiction over the matter, or any law or regulation about the work or requirements. Bidder must not furnish any statement, representation, or certification in connection with Sub-Consultants or Sub-Contractors, that is materially false, deceptive, incorrect, or incomplete. Failure of the Bidder to provide information concerning reliability of any Sub-Consultant or Sub-Contractor may result in a finding that the Bidder is not responsible.

3.2 All proposed Sub-Consultants and Sub-Contractors must be listed in the Bidder’s response.

Bidder must ensure that all proposed Sub-Sub-Contractors have adequate personnel, experience, adequate facilities, finances, and business systems to perform the scope of services. The City reserves the right to approve all Sub-Contractors and Sub-Consultants.

3.3 Bidder to be responsible for verifying the existence, authenticity, and dates of expiration of all licenses required by all Sub-Sub-Consultants and Sub-Contractors engaged in the work of this ITB. The lack of a valid license from the Bidder or any Sub-Consultant or Sub-Sub-Sub- Contractor must be grounds for default, and for immediate termination for cause with prejudice as it relates to the Bidder, and the removal of any unlicensed entity from the project. In the event Bidder, a Sub-Consultant, or a Sub-Contractor is required to be licensed or certified as a condition precedent to providing goods or services under this ITB, the revocation or loss of such license or certification may result in immediate termination of the Bidder’s Contract, effective as of the date on which the license or certification is no longer in effect.

3.4 The City must approve all Sub-Consultants and Sub-Contractors before performing. Bidder must receive written permission to add Sub-Consultants or Sub-Contractors not initially submitted with the Bidder’s response. Sub-Consultants and Sub-Contractors must not subcontract any portion of their work pursuant to this ITB without the written consent of the City. Failure of the Bidder to obtain from the City prior approval of each Sub-Consultant or Sub-Contractor performing work on the project may result in suspension of work by that Sub-Contractor, removal of work performed by unapproved Sub-Contractor(s), and all permissible sanctions against the Bidder.

4. MINIMUM REQUIREMENTS

4.1. The Bidder must have at least five (5) verifiable years of experience with similar projects in accordance with the scope of services of this ITB. GDOT prequalification or registration shall be required only where GDOT funding, permitting, or GDOT-mandated standards require it. Failure to demonstrate the required experience shall render the Bid nonresponsive or non-responsible, as applicable.

4.2. The Bidder’s Project supervisor must have a minimum of one (1) year of experience directly related to work site traffic control, and be certified by the American Traffic Safety Services Association as a worksite traffic control supervisor.

4.3. The Bidder must have an inspector who meets the requirements of a “Certified Person” by the Georgia Soil and Water Conservation Commission (GSWCC) (Fundamentals Seminar Level IA) assigned to the project.

5. Liquidated Damages Liquidated damages, if applicable, shall be stated in the Notice to Proceed and shall include the daily rate, commencement date, and maximum cap. The daily rate shall be Five Hundred Dollars, $500, per calendar day. The maximum cap shall be ten percent, 10%, of the Contract Sum unless the Notice to Proceed states a lower cap. In the absence of an express liquidated damages statement in the Notice to Proceed, liquidated damages shall not apply. Liquidated damages are in addition to, and not in lieu of, other remedies available to the City.

6. Confidentiality/Data Security Contractor shall protect and maintain the confidentiality of all non-public City information obtained or created in connection with this ITB and any resulting contract. Contractor shall implement commercially reasonable administrative, physical, and technical safeguards.

Contractor shall not disclose City information to any third party without the City’s prior written authorization, except as required by law.

6.1 Public records compliance:

Contractor acknowledges the City is subject to the Georgia Open Records Act, Contractor shall not mark an entire submission as confidential, If Contractor contends specific information constitutes a trade secret or other exempt record, Contractor shall, at the time of submission, identify the specific information claimed exempt and provide the affidavit and supporting basis required by O.C.G.A. § 50 18 72 and Article 27 of Chapter 1 of Title 10, The City makes no commitment to withhold any information and will determine disclosure obligations under applicable law, Pricing and bid tabulations are not confidential and may be released after award.

7. Notice to Proceed and Work Authorization.

7.1 No work shall begin unless and until the City issues a written Notice to Proceed by the City’s authorized representative.

7.2 The Contractor shall perform only the work described in Attachment A and the Bid Schedule, and only in accordance with the City’s written direction and approved sequencing.

7.3 Work performed without a written Notice to Proceed is unauthorized and non-compensable and performed at the Contractor’s sole risk.

7.4 No task order, standby order, or master agreement structure is created by this ITB or any resulting contract.

ATTACHMENT A

SCOPE OF SERVICES

ITB # 26-12

THE LAKES AT CEDAR GROVE SUBDIVISION SPEED TABLES INSTALLATION

The project consists of installing speed tables at the Lakes at Cedar Grove subdivision. The following roads are listed for speed table installations and thermoplastic striping:

1. Lakes Point (2 speed tables).

Site 1: Lakes Point (between Park Close and Grayhawk Way) – 2 speed tables 22 feet wide.

2. Lakes Drive (5 speed tables).

Site 2: The Lakes Dr (between Stillmist Dr and Lakes Point) – 2 speed table 22 feet wide.

Site 3: The Lakes Dr (between Grayhawk Way and Edgewater Cove) – 1 speed table 22 feet.

wide.

Site 4: The Lakes Dr (between Snapwell Dr and Stillmist Dr) – 2 speed tables 22 feet wide.

3. Lakeshore Lane (3 speed tables)

Site 5: Lakeshore Lane (between The Lakes Dr and Waterlace Dr) – 3 speed tables 20 feet wide.

4. Stillmist Drive (4 speed tables)

Site 6: Stillmist Dr (between The Lakes Dr and Warmstove Dr) – 2 speed tables 20 feet wide.

Site 7: Stillmist Dr (between Warmstove Dr and The Lakes Dr) – 2 speed tables 20 feet wide.

ATTACHMENT B

BONDING AND INSURANCE REQUIREMENTS

BONDING AND INSURANCE REQUIREMENTS

Bidders are advised that, prior to commencement of any work, the successful Prime Contractor must furnish evidence of all required insurance coverages and comply with all Bonding requirements.

Payment and Performance Bonds are required by law and must be submitted in accordance with this ITB. These requirements are intended to ensure the Prime Contractor’s full compliance with the bid specifications before work may begin.

A. Bonding Requirements

1. Bid Bond. For any Bid with a total Bid price exceeding $150,000, Bidder shall submit with its Bid a Bid Bond in the amount of five percent (5%) of the Bid price, on the City form, executed by a surety licensed in Georgia.

2. Payment Bond and Performance Bond. For any Bid with a total Bid price exceeding

$250,000, the apparent successful Bidder shall, within the time stated for contract execution, furnish a Payment Bond in the amount of one hundred ten percent (110%) of the Bid price and a Performance Bond in the amount of one hundred percent (100%) of the Bid price, on the City forms, executed by a surety licensed in Georgia, as required by applicable Georgia law including O.C.G.A. §§ 13-10-1 and 36-91-21 et seq.

Failure to provide required Bonds within the time stated for contract execution may result in forfeiture of the Bid Bond and award to the next lowest responsive and responsible Bidder

3. Sufficiency of Surety If the City deems the surety unsatisfactory or the Bonds inadequate, Contractor shall, within ten (10) days after notice, furnish replacement or additional Bonds at Contractor’s expense.

B. Insurance Requirements

1. Statutory Workers' Compensation Insurance

Employers Liability:

Bodily Injury by Accident - $500,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $500,000 each employee

2. Commercial General Liability Insurance

2.1.1 $1,000,000 limit of liability per occurrence for bodily injury and property damage

2.1.2 The following additional coverages must apply:

• The City of South Fulton shall be endorsed as an Additional Insured on the insurance policies, with coverage provided on a primary and non-contributory basis.

• Dedicated limits per project site or location (CG 25 03 or modification for completed operations or a separate endorsement covering Completed Operations).

• 1986 (or later) ISO Commercial General Liability Form

• Blanket Contractual Liability

3. Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both Contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

b. Auto Liability Insurance

• $1,000,000 limit of liability per occurrence for bodily injury and property damage.

• Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles.

• Additional Insured Endorsement.

• Contractual Liability.

c. Umbrella Liability Insurance - Minimum $5,000,000 limit of liability

(Higher limit may be required depending on the extent of the Contract) The following additional coverages must apply:

• Additional Insured Endorsement

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

• Care, Custody, and Control - Follow Form Primary

• Aggregates: Apply Where Applicable in Primary

• Umbrella Policy must be as broad as the primary policy

• City of South Fulton (and any applicable Authority) should be shown as an additional insured on General Liability, Auto Liability and Umbrella Liability policies and noted accordingly on the Certificate of Insurance.

Certificate Holder must read:

City of South Fulton 4715 Frederick Avenue SW Atlanta, GA 30336

4. The cancellation provision should provide 30 days’ notice of cancellation.

5. Insurance Company, except Worker's Compensation carrier, must have an A.M. Best Rating of A-10 or higher. Certain Workers' Comp funds may be acceptable with the approval of the Risk Management Division. European markets, including those based in London and domestic surplus lines markets that operate on a non-admitted basis, are exempt from this requirement provided that the Contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-10 or better.

a. The Insurance Company should be licensed to do business by the Georgia Department of Insurance.

b. Certificates of Insurance, and any subsequent renewals, must reference specific Bid/Contract by project name and project/Bid number.

c. The Contractor must agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the City to verify compliance with these insurance requirements.

d. All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the City.

e. Contractor must incorporate a copy of the insurance requirements as herein provided in each subcontract with each Sub-Contractor in any tier and must require every Sub-Contractor of any tier to comply with all such requirements. Contractor agrees that if, for any reason, Sub- Contractor fails to procure and maintain insurance as required, all such required Insurance must be procured and maintained by Contractor at Contractor's expense.

f. No Contractor or Sub-Contractor must commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to the City of South Fulton as to form and content has been filed with the City of South Fulton. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

g. The Contractor must agree to waive all rights of subrogation against the City, Council Members, its Officers, Officials, Employees, and volunteers from losses arising from work performed by the Contractor for the City.

h. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The City will be included as a Loss Payee in this coverage for City-owned equipment, tools, supplies, and contents.

i. The Contractor must make available to the City, through its records or records of their insurer, information regarding a specific claim related to any City project.