ITB 26_23 STANDBY CCTV STORM LINE SERVICES 04.pdf

City of South Fulton, Georgia

INVITATION TO BID

FOR

ITB # 26-23 STANDBY CCTV STORM LINE SERVICES

Public Works

ISSUED: TUESDAY, APRIL 28, 2026

BIDS DUE NO LATER THAN: 2.00 PM May 28, 2026

City of South Fulton Procurement Department

4715 Frederick Dr. SW

South Fulton, GA 30336

The City of South Fulton, Georgia

Dawn Stone

Procurement Department

4715 Frederick Drive SW, South Fulton, GA 30336

Phone: 470-809-7667

Website: Finance & Administrative Services | South Fulton, GA

(Cityofsouthfultonga.gov)

Public Works Department

INVITATION TO BID

ITB # 26-23

STANDBY CCTV STORM LINE SERVICES

SCHEDULE OF EVENTS DATE

Bid Release Date: April 28, 2026

Non-Mandatory Pre-Bid Conference:

A Non-Mandatory Pre-Bid Conference will be held virtually by our staff and the responsible person(s). To attend the Pre-Bid Conference, please refer to the Information and Instructions to Bidders, Item # 10 for details.

May 5, 2026

11:00 AM

Deadline for questions:

Questions must be submitted online at: https://www.BidNetdirect.com/georgia/Cityofsouthfulton

May 12, 2026

3:00 PM

Answers will be posted by Addendum at:

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

May 19, 2026

All responses to this ITB must be submitted online at:

https://www.BidNetdirect.com/georgia/Cityofsouthfulton. “ All bid submissions shall be made electronically through BidNet Direct at the City’s designated procurement portal. Bidders are solely responsible for monitoring the procurement portal for addenda, date changes, access instructions, and all official communications.”

May 28, 2026

2:00 PM

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/2158/Finance-Administrative-Services https://www.cityofsouthfultonga.gov/2158/Finance-Administrative-Services https://www.bidnetdirect.com/georgia/cityofsouthfulton https://www.bidnetdirect.com/georgia/cityofsouthfulton

TABLE OF CONTENTS

1. INFORMATION AND INSTRUCTIONS TO BIDDERS

2. SUBMITTAL CHECKLIST

3. INTRODUCTION

4. MINIMUM REQUIREMENTS

5. REVIEW AND AWARD

6. ATTACHMENTS

Attachment A – Scope of Services

Attachment B – Bonding and Insurance Requirements

7. APPENDICES

Appendix A – Bid Cost

Appendix B – Required Form Submittals

8. EXHIBITS

Exhibit A – Terms and Conditions

Exhibit B – Draft City Contract

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Invitation to Bids: The City of South Fulton, Georgia, invites sealed bids from qualified firms to provide standby Closed-Circuit Television, CCTV, storm line inspection services on a unit price, indefinite delivery, indefinite quantity basis. Services shall be administered solely through written task orders issued in accordance with this ITB and resulting

Contract.

1.1. This Solicitation establishes contractor eligibility and fixed unit pricing only. No minimum quantity of work, minimum compensation, minimum number of task orders, exclusivity, or revenue is guaranteed. The City may issue, defer, reduce, suspend, or decline to issue any task order in its discretion, exercised in good faith, in the City’s best interest, and consistent with operational need, funding availability, applicable law, and the integrity of the procurement process.

1.2. The services contemplated under this Solicitation are limited to CCTV inspection, video capture, PACP coding, reporting, condition assessment, and related data deliverables expressly described in the Scope of Services. This Solicitation does not award public works construction, repair, rehabilitation, or replacement work.

1.3. Bidder shall furnish all labor, supervision, personnel, equipment, tools, transportation, software, reporting, administrative support, direct and indirect costs, and all other items necessary to perform the services required by this ITB and any resulting Contract.

1.4. The services described in this Solicitation and its attachments are descriptive of the categories of work that may be required by the City and are not a direction to proceed.

No Bidder or Contractor shall interpret the general scope of services, estimated quantities, field discussions, pre-bid communications, or any other non-contractual communication as authorization to mobilize, perform services, incur cost, or submit an invoice. Only a written task order, fully executed by authorized City personnel, shall authorize compensable work.

1.5. Responsibility concerns the Bidder’s demonstrated capability, integrity, legal eligibility, financial capacity, staffing, equipment readiness, experience, safety performance, regulatory compliance, and past performance on comparable work.

Responsibility is a separate and continuing determination that may be made after bid opening and before award. A Bidder may submit the lowest price and still be found non-responsible.

1.6. Responsiveness concerns whether the Bid, as submitted by the Bid Submission

Deadline, conforms in all material respects to the requirements of this Solicitation.

Only omissions, defects, or nonconformities relating to items expressly designated as mandatory at bid time may support a determination of non-responsiveness.

1.7. For purposes of bid review, each required submittal in this ITB is classified as one of the following, mandatory at bid time, post-opening responsibility verification, or informational or conditional. Responsibility documentation may be verified, clarified, or supplemented after bid opening only to the extent permitted by law and this ITB.

1.7.1 Mandatory at bid time means the item must be included with the Bid by the submission deadline and may be used as a basis for a determination of non responsiveness.

1.7.2 Post-opening responsibility verification means the item may be verified, clarified, or documented after bid opening solely for purposes of the City’s responsibility determination, provided that no Bidder may revise its price, scope, responsiveness, competitive standing, or any material term of its Bid, and provided further that post-opening submissions may evidence only qualifications that existed as of the Bid Submission Deadline.

1.7.3 Informational or conditional means the item is requested for administrative, legal, or contract formation purposes and shall not be used as a pass-fail criterion for responsiveness unless this ITB expressly states that the item is mandatory for this procurement.

2. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the City of South Fulton Procurement 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 laws are incorporated into this ITB by reference.

2.1 Reservation of Rights: The City reserves the right, in its sole discretion and to the fullest extent permitted by law, to amend, clarify, postpone, cancel, reject, reissue, or discontinue this Solicitation, in whole or in part, at any time prior to final award.

Participation in this Solicitation is at the sole cost and risk of the Bidder. No act, omission, review, communication, recommendation, or other conduct by the City prior to formal award shall create any duty, obligation, or liability on the part of the City.

3. Minimum Qualifications: At the time of bid submission, the Bidder must demonstrate the following minimum qualifications:

3.1 A minimum of three (3) verifiable years of experience performing CCTV inspection of stormwater, sanitary, or comparable underground pipeline systems of similar scope and complexity.

3.2 Availability of at least one field or reporting lead currently certified in NASSCO

PACP, or an equivalent industry accepted inspection coding certification approved by the City.

3.3 Demonstrated capability to inspect pipeline segments generally ranging from 12 inches through 72 inches in diameter, or other sizes identified in a task order, and to provide continuous video, defect coding, written reports, and GIS compatible deliverables.

3.4 Legal authority to transact business in the State of Georgia and possession of all licenses, registrations, permits, and approvals required by law to perform the services solicited.

3.5 Sufficient staffing, equipment, and operational readiness to meet the response requirements stated in this ITB.

3.6 The City may require documentation supporting the minimum qualifications stated above. Such documentation may include project references, certification records, equipment information, staffing information, licensing documentation, and other objective evidence demonstrating that the Bidder possessed the required qualifications as of the Bid Submission Deadline.

4. Authority to Transact Business. The apparent successful Bidder shall provide documentation demonstrating that it is duly authorized to transact business in the State of

Georgia prior to award, if required by applicable law. Joint venture documentation, if applicable, shall be provided for the bidding entity in the form required by law and this

ITB.

5. Business License. Bidder is requested to submit a current, valid business license issued by its home jurisdiction, and if applicable, documentation of authority to transact business in the State of Georgia. Unless expressly designated elsewhere in this ITB as mandatory at bid time, such documentation shall be treated as post opening responsibility verification or informational only and shall not be used as a pass-fail criterion for responsiveness.

6. Professional or trade licenses required by applicable law for performance of the services solicited shall be maintained throughout the Contract term. The City reserves the right to verify any such license, registration, certification, or authorization prior to award and during contract performance.

7. Clarification boundary: The City may request written clarification of minor clerical ambiguities or objective inconsistencies contained in a Bid. Clarification shall not be used to permit revision of price, scope, responsiveness, competitive standing, or any other material term after bid opening. The City may resolve obvious mathematical errors or objective inconsistencies only on the basis of information apparent from the face of the Bid and other materials submitted by the Bid Submission Deadline, and only where the intended meaning is objectively ascertainable without prejudice to other Bidders.

8. Professional License: Bidder must attach a copy of any professional license 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 City to enter into an agreement and cannot be accepted by any Bidder to form a Contract.

This solicitation is only an invitation for offers from interested Bidders, and no offer shall bind the City. A Bidder’s offer is a firm offer and may not be withdrawn except as provided in this ITB, and in the City’s Code of Ordinances and other applicable laws.

9.1 Firm Offer by Bidder: Each Bid submitted in response to this Solicitation shall constitute an irrevocable offer for the full period stated in the Solicitation. The City may rely upon all pricing, certifications, acknowledgements, representations, and commitments contained in the Bid during evaluation, award, and contract formation.

Any attempted withdrawal, qualification, repricing, or modification inconsistent with the terms of this Solicitation may result in rejection of the Bid.

10. Contract Type and Task Orders: No work shall commence, and no compensation shall be due, unless and until the City issues a written task order that has been fully executed by authorized City personnel. Verbal direction, field instruction, email, text message, informal communication, discussion with City staff, or site activity shall not authorize work or create any obligation of payment. Each task order shall, at a minimum, identify the location, scope of services, applicable unit prices, response classification, not to exceed amount, funding source, and required authorizing signatures. The Contractor performs any work outside the express terms of a task order, or any written modification thereto, entirely at its own risk.

The City will issue written task orders on an as-needed basis for standby services.

10.1 Each task order not to exceed amount shall constitute an absolute cap on compensable work unless modified in writing by authorized City personnel. The Contractor shall have no authority to exceed an approved not to exceed amount based on field conditions, staff direction from unauthorized personnel, assumptions, or unilateral judgment. The City shall not be liable for costs incurred in excess of approved funding authority. Performance beyond authorized funding shall not create any implied contract, waiver, estoppel, quantum meruit claim, or other equitable entitlement to payment.

10.2 Contractor shall notify the City in writing before performing any work that

Contractor contends is outside the approved task order scope, quantity assumptions, or funding authorization, and failure to obtain written direction from authorized City personnel before proceeding shall constitute a waiver of any claim for additional compensation based on such extra or changed work.

11. Emergency ratification clause: Emergency Direction, Limited Exception.

Notwithstanding the requirement for a fully executed written task order, the City may issue temporary written emergency direction only where the City determines that an immediate threat exists to public health, public safety, essential drainage functionality, or public infrastructure and that delay required for ordinary processing would materially increase risk of damage or harm. Any such emergency direction must be issued or confirmed in writing by an individual with delegated emergency procurement or operational authority under applicable law and City policy. Emergency direction shall be strictly limited to the minimum work necessary to stabilize the condition pending issuance of a formal written task order or amendment. Contractor proceeds beyond such minimum emergency stabilization work at its sole risk. No oral statement, field discussion, text message, or direction from unauthorized personnel shall constitute authorization. If a formal written ratification or task order is not issued within forty eight hours, or by the next business day when such period ends on a weekend or official holiday, Contractor shall immediately stop work upon notice from the City, and the City’s liability, if any, shall be limited to the reasonable value of expressly authorized emergency stabilization work that the City determines in writing was necessary, properly documented, within lawful authority, and otherwise payable under applicable law.

11.1 Emergency direction may be issued only by City personnel who possess written delegated authority for emergency procurement, operational response, or task order authorization. Any emergency direction shall identify the authorizing official, the emergency condition, the limited scope authorized, the not-to-exceed amount, and the time period covered by the emergency authorization.

12. Bid Duration: Bids submitted in response to this ITB shall remain valid for Ninety (90) calendar days from the Bid Submission Deadline and must be marked as such.

12.1 Bid Submission Deadline: Responses to this ITB will be accepted online through

BidNet only at: https://www.BidNetdirect.com/georgia/Cityofsouthfulton on May

28th, 2026, by 2:00 PM. For purposes of price evaluation and award, the unit prices entered in BidNet shall control over any inconsistent handwritten, typed, scanned, or narrative pricing statement submitted elsewhere in the Bid.

12.2 All dates, deadlines, meeting information, access instructions, and procedural details relating to this Solicitation shall be governed exclusively by the most recent written addendum issued by the City through its official procurement channel. Bidders are solely responsible for monitoring the designated procurement platform for all addenda, updates, corrections, and notices. No oral statement, conference discussion, informal explanation, or prior inconsistent posting shall be binding unless expressly incorporated into a written addendum.

12.3 For purposes of Solicitation administration prior to Contract execution, the order of precedence shall be, in descending order, written Addenda, the Schedule of Events as revised by Addendum, the body of this ITB, the attachments and appendices, and the Bidder’s submitted forms and acknowledgements.

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

Meeting ID: 264 158 583 596 8

Passcode: FG9Jv2Va

Download Teams | Join on the web

Or call in (audio only)

+1 929-583-6155, 589097411# United States, New York Phone Conference ID: 589 097 411#

Find a local number | Reset PIN

13. Non-Mandatory Pre-Bid Conference: A Non-Mandatory Pre-Bid Conference has been scheduled for May 5, at 11:00 AM, and will be hosted virtually by our staff and responsible person(s). To attend the Pre-Bid Conference, please access Microsoft Teams via the app or on the web by utilizing the information below:

https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19295836155,,782426267 https://dialin.teams.microsoft.com/ba83620b-2648-4bd3-9555-378ecf04647b?id=782852982 https://dialin.teams.microsoft.com/usp/pstnconferencing

Meeting ID: 296 372 942 756 337

Passcode: mG9Jc26J

Download Teams | Join on the web

Or call in (audio only)

+1 929-583-6155,, 532271300# United States, New York

Phone Conference ID: 532 271 300#

Find a local number | Reset PIN

13.1 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 that might affect the cost or performance of the Services. It should be emphasized, however, that nothing stated or discussed during the course of this Pre-Bid conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it is subsequently incorporated into an addendum to the solicitation documents.

13.2 Administrative Cross Reference. See Section 12.2 regarding addenda and controlling solicitation administration details.

13.3 Response time requirements are material performance obligations under the Contract.

Failure to satisfy required response metrics may result in rejection of work, reassignment of task orders, withholding of payment, removal from rotation, adverse performance documentation, nonrenewal, default remedies, or any combination thereof. Repeated response failures may be considered in future responsibility determinations.

13.4 Without limiting any other right or remedy, the City may assess service credits, invoice reductions, or back charges for Contractor’s failure to meet required acknowledgement times, arrival times, staffing commitments, documentation requirements, or deliverable standards, but only to the extent that the applicable Task

Order, performance schedule, or Contract amendment expressly states the applicable performance metric, calculation method, and corresponding adjustment amount or formula. Before assessing any such adjustment, the City shall provide written notice describing the noncompliance and the basis of the proposed adjustment. Contractor shall have five business days, or such shorter period as may be stated in an emergency

Task Order where operationally necessary, to submit a written response. Any such credit or deduction shall be a reasonable estimate of administrative or operational impact and shall not constitute the City’s exclusive remedy.

14. Solicitation Questions/Prohibited Contacts. Any questions and communications regarding this ITB shall be submitted in writing by logging into https://www.BidNetdirect.com/georgia/Cityofsouthfulton on or before May 12th, by 3:00

PM. Questions received after the designated period may not be considered. Any response made by the City will be posted online at https://www.BidNetdirect.com/georgia/Cityofsouthfulton by addendum. No Bidder may rely on any verbal response to any question submitted concerning this ITB.

14.1 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 given Contract prior to a recommendation of award to the City Council is strictly prohibited. The Director of

Finance & Administrative Services will review alleged violations of this prohibition.

If the Director of Finance & Administrative Services determines that such a communication has compromised the competitive process, 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.

14.2 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.

14.3 Any attempt by a Bidder or its representative to influence the procurement process through prohibited contact, undisclosed conflict, improper communication, or other conduct that compromises the integrity of the competition may result in disqualification, rejection of the Bid, rescission of any intended award, termination of the Contract, placement on an ineligible source list, or referral for further administrative, civil, or criminal review, as applicable. The duty to disclose actual, apparent, and potential conflicts of interest shall continue through award and throughout contract performance.

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

15. Solicitation and Award Protest Procedure. Any actual or prospective Bidder aggrieved in connection with this Solicitation or any intended award may file a written protest with the Procurement Officer identified in this ITB. A protest based upon an alleged impropriety apparent on the face of the Solicitation, including any ambiguity, conflict, omission, or allegedly restrictive specification, must be filed no later than five business days after the protester knew or should have known of the facts giving rise to the protest, and in all cases before the Bid Submission Deadline. A protest relating to the intended award, responsiveness determination, responsibility determination, or other post opening action must be filed no later than five business days after the City posts or transmits notice of the challenged action. The protest shall state with specificity the legal and factual grounds, identify the relief requested, and include all supporting documents then available. The City may require the protester to provide additional information necessary for review. The

Procurement Officer or designee shall issue a written determination. The City may, but is not required to, stay the procurement pending resolution where the City determines that a stay is in its best interest and consistent with law. Failure to timely file a protest under this section constitutes a waiver of the protest. This protest procedure is the exclusive administrative remedy for challenges to this Solicitation, the intended award, responsiveness determinations, responsibility determinations, or other procurement actions arising from this ITB. Failure to comply strictly with this Section shall constitute a waiver of the protest and any related administrative challenge, to the fullest extent permitted by law.

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, in its discretion. The City shall not be liable for any Bid preparation costs incurred by Bidders.

17. 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. Pursuant to O.C.G.A.

§ 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]”.

17.1 Pricing and Bid tabulations are not considered confidential and will be released following the award to avoid Bidder disputes.

17.2 Any confidentiality marking, proprietary legend, or trade secret designation applied by a Bidder shall be advisory only and shall not bind the City. The City shall make all disclosure determinations in accordance with applicable Georgia law. Pricing, tabulations, award records, and other procurement materials may be released where required by law or where the City determines disclosure is appropriate and lawful.

18. Deliverables, Records, or Intellectual Property:

18.1 All reports, inspection video, PACP coding, GIS outputs, maps, metadata, field notes, summaries, recommendations, electronic files, and all other deliverables or work product produced, prepared, collected, or developed by Contractor in connection with the Work shall be deemed Contract deliverables for the benefit of the City.

18.2 Upon creation or payment, as applicable under law, all such deliverables shall become the property of the City, or at minimum shall be subject to a perpetual, irrevocable, royalty-free, fully paid up license in favor of the City to use, reproduce, disclose, modify, distribute, rely upon, and authorize others to use such deliverables for any governmental purpose.

18.3 Contractor shall not impose any proprietary restriction, access limitation, password control, software lock, reuse restriction, or third-party licensing barrier that would impair the City’s full use of the deliverables unless expressly disclosed before award and approved in writing by the City.

18.4 Contractor represents and warrants that all deliverables, work product, software components, reports, videos, coding data, GIS files, metadata, and other materials furnished under the Contract shall be original to Contractor or lawfully licensed for the uses contemplated by the Contract, and shall not infringe, misappropriate, or otherwise violate any patent, copyright, trademark, trade secret, privacy right, publicity right, or other proprietary or intellectual property right of any third party.

Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, agents, and representatives from and against any third party claim, demand, action, damage, loss, liability, cost, or expense, including reasonable attorney fees, arising out of or relating to any alleged or actual infringement, misappropriation, or violation of such rights, except to the extent caused by the City’s unauthorized modification or misuse of the deliverable.

19. 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, South Fulton, GA

30336

20. Audit and Records Access: The City and its auditors may inspect Contractor records related to this Contract for five years after final payment.

20.1 The Contractor shall maintain complete, accurate, organized, and auditable records sufficient to support all charges, performance, compliance, and invoice submissions under the Contract. Failure to maintain or produce required records upon request shall constitute a contract compliance failure and may result in disallowance of charges, withholding of payment, recovery of previously paid amounts, or other contractual remedies.

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

Divestment List created under O.C.G.A. § 50-5-85.1 and do not participate in investment activities in Iran’s energy sector.

22. Israel Boycott Certification: This certification shall be completed only if the total contract value is $100,000 or greater and the Bidder employs more than five persons. By executing this certification, the undersigned certifies that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel, as defined in O.C.G.A. § 50 5 85.Certification Regarding Boycotts of Israel.

23. 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.

24. Cost-Plus Prohibition: The City will not accept a cost-plus-a-percentage-of-cost Bidder

Contract. Any such pricing submitted must be considered non-responsive.

24.1 The City reserves the right to reject any Bid that contains materially unbalanced, nominal, front-loaded, distorted, unrealistic, or otherwise noncompetitive pricing. A

Bid may be deemed materially unbalanced where line-item prices are disproportionately overstated or understated in a manner that creates unacceptable financial, performance, or administrative risk to the City. The City may correct objective mathematical errors where the intended unit price is reasonably ascertainable from the face of the Bid. In determining whether pricing is materially unbalanced, the City may consider whether the pricing creates a reasonable doubt that award will result in the lowest ultimate cost to the City, based on the estimated quantities, likely task order usage, operational risk, administrative burden, and the integrity of the competitive process.

25. 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.

26. Bonding and Insurance Requirements: The Bonding and Insurance Requirements applicable to this Solicitation and any resulting Contract are set forth in Attachment B.

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” shall 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.

27. Sub-Consultants and Manufacturers: Bidders are required to submit, in writing, the addresses of any proposed Sub-Consultants or equipment 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.

27.1 The Contractor shall remain fully responsible for all services performed by its subcontractors, suppliers, manufacturers, and lower-tier participants. No subcontracting arrangement shall relieve the Contractor of any duty, liability, warranty, or performance obligation under the Contract. The City reserves the right to reject, require removal of, or require replacement of any subcontractor whose qualifications, capacity, safety record, legal eligibility, or integrity are determined to be inadequate.

28. Examination of Bid Documents:

28.1 Each Bidder is responsible for examining with appropriate care the complete ITB and all Addenda and for informing itself with respect to 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.

28.2 Each Bidder shall 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.

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

28.4 Each Bidder must confirm that all Addenda have been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each Addendum.

28.5 The City may waive only minor informalities or irregularities that are merely a matter of form and not of substance, and that do not affect price, quantity, quality, delivery, responsiveness, responsibility, competitive standing, or the fairness and integrity of the procurement process.

28.6 The City of South Fulton may disqualify Bids as a result of, but not necessarily limited to, the following reasons:

28.6.1 Failure to follow the City of South Fulton’s Bid schedule.

28.6.2 Failure to return applicable compliance and/or specification sheets.

28.6.3 Failure to return applicable Addenda.

28.6.4 Failure to provide information on alternates or equivalents, when allowed.

28.6.5 Failure of Bidder to sign all requested documents.

28.6.6 Failure to submit Bid by deadline.

28.6.7 Failure of Contractor to extend prices.

28.6.8 Failure to hold firm pricing.

28.6.9 Failure to meet specified delivery requirements.

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

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

28.6.12 A Bid which is non-responsive; and/or

28.6.13 A Bidder may be deemed non-responsible based on documented adverse contract performance, default, or integrity violations.

29. 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.

29.1 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.

29.2 Any exception, deviation, qualification, or requested revision to the Draft Contract, insurance requirements, indemnification, task order authority, pricing structure, payment provisions, records access, ownership of deliverables, or other material commercial term must be stated clearly and specifically in the Bidder’s Exceptions

Form or other City designated form submitted with the Bid. General statements, embedded markup, cover letter reservations, or post-bid requests shall be ineffective.

The City may deem any material exception to constitute a conditional Bid and may reject the Bid on that basis. The City may accept immaterial exceptions only where the exception does not affect price, quantity, quality, delivery, risk allocation, responsiveness, responsibility, competitive standing, or the fairness and integrity of the procurement process.

29.3 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 the required insurance certificates and any other documents listed in the ITB—within ten (10) calendar days of receiving the agreements.

30. Cooperative Procurement Use. To the extent permitted by applicable law, the City reserves the right to permit other governmental entities, public agencies, authorities, and eligible cooperative purchasing participants to procure services under the same general scope, terms, conditions, and pricing structure established by the resulting Contract.

Participation by any such entity shall be strictly voluntary and shall not modify the

Contract, expand the City’s obligations, or create any contractual relationship with the City beyond the City’s own authorized procurements. Any participating entity shall issue its own separate agreement or purchase order directly to Contractor, and the City shall have no responsibility or liability for that entity’s procurement, payment, administration, or disputes.

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

Immigration Reform and Enforcement Act of 2011 (Act), formerly known as the Georgia

Security and Immigration Compliance Act. Pursuant to Act, the Bidder must provide with its Bid proof of its registration with and continuing and future participation in the E-Verify

Program established by the United States Department of Homeland Security. Completed

Contractor Affidavit, Illegal Immigration Reform and Enforcement Act Forms attached herein as Form F6.6 and F6.7, Appendix B: Required Form Submittals must be submitted with the Bid at the time of submission. Under State Law, the City cannot consider any Bid which does not include the completed F6.6 form. Where the business structure of a Bidder is such that Bidder is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Bidder must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Bidder itself.

Where the business structure of a Bidder does not require it to obtain an EIN, each entity comprising the corporate entity must submit a separate Contractor Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All

Bidders intending to do business with the City are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on

City solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.

Additional information on completing and submitting the Contractor Affidavit can be found preceding this form in this ITB.

31.1 E-Verify Requirements: 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:

31.2.1 The Contractor Affidavit is included in Appendix B: Required Form

31.2.2 Submittals must be submitted with the Bid.

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

31.2.4 Business Structure Requirements:

31.2.4.1 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.

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

31.2.5 Additional Information:

31.2.5.1 To learn more about or enroll in the E-Verify Program, visit: https://e-verify.uscis.gov/enroll.

31.2.5.2 Instructions for completing the Contractor Affidavit appear in the section preceding this form in the ITB.

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

32. 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.

33. 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 ITBs for specific projects that are independent of ITB # 26-23 STANDBY CCTV STORM LINE

SERVICES. 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.

34. Tax Exemption Status: The City is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by the City of South Fulton.

Exemption certificates furnished upon request.

35. Codes, Permits, Fees, Licenses, and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Bidder. All materials, labor, and services 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 shall apply to the Contract throughout and will be deemed to be included in the Contract, the same as though herein written out in full.

35.1 Contractor shall maintain throughout the Contract term all licenses, permits, registrations, certifications, and governmental approvals required for lawful performance of the Work. Contractor shall notify the City immediately in writing of any expiration, suspension, revocation, investigation, restriction, or loss of standing affecting such authority. Loss of required legal eligibility shall constitute a material breach and grounds for suspension or termination.

36. 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.

37. Payment Terms: The City will provide payment within thirty (30) calendar days of receipt of an undisputed invoice. Milestone or phased billing will be permitted when deliverables are clearly defined and approved in writing by the City.

37.1 Payment is conditioned upon properly authorized work, satisfactory performance, complete supporting documentation, accurate invoicing, and City acceptance of the services or deliverables. The City may withhold disputed amounts, unsupported charges, defective work charges, back charges, offsets, retainage where applicable, or any sums reasonably necessary to protect the City from loss. Partial payment, milestone payment, or progress payment shall not constitute acceptance of defective work, waiver of contractual remedies, or approval of unsupported charges.

38. Minimum Requirements: Minimum experience requirements are mandatory and shall be evaluated on a pass-fail basis. Bidder must demonstrate at least three (3) verifiable years of experience performing services substantially similar to the Scope of Services. Failure to demonstrate the required minimum experience or other responsibility qualifications may result in a determination that the apparent low Bidder is non-responsible. Such matters shall be evaluated as responsibility criteria unless this ITB expressly identifies the item as mandatory at bid time.

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.

40. The City reserves the right to reject any Bid that fails to comply with the electronic submission requirements stated in this ITB.

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

42. 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.

43. Authority to Sign: The individual executing the contract electronically on behalf of the

Bidder affirms its authority to bind the Bidder to the terms of the contract.

44. 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.

45. No Requirements 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.

46. Electronic Communications: All communications pertaining to this Solicitation and any resulting Contract, including Addenda, Notices of Award, contract amendments, and other official correspondence, may be transmitted electronically by the City of South Fulton.

47. 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.

48. 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.

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

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

ITB # 26-23 STANDBY CCTV STORM LINE SERVICES SUBMITTAL CHECKLIST

1. Please use the following checklist to verify that all required information is included in your bid.

2. It is the sole responsibility of each Bidder to ensure that their bid is inclusive of all Submittals outlined below or elsewhere in this ITB.

3. Failure to submit an item expressly designated in this ITB as mandatory at bid time may result in a determination that the Bid is non-responsive. Failure to submit a post-opening responsibility item or informational item shall not, by itself, require rejection as non-responsive, but may affect the City’s responsibility determination or contract formation process, as applicable.

4. Bidders are required to submit responses to solicitations electronically online at https://www.bidnetdirect.com/georgia/cityofsouthfulton. The City will not consider any bid that does not include completed Illegal Immigration Reform and Enforcement Act

Affidavit Form(s).

Only Category A items may be used to support a finding of non-responsiveness.

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https://www.bidnetdirect.com/georgia/cityofsouthfulton.

SUBMITTAL CHECKLIST

Category A, Mandatory at Bid Time, Conditions of Responsiveness

1. Bid Solicitation Form, signed by an authorized representative.

2. Bid pricing entered in BidNet, including all required unit prices.

3. Acknowledgment of all addenda, if applicable.

4. Acknowledgement of Bidder or equivalent bid execution form required to bind the bid.

5. Contractor Affidavit under O.C.G.A. § 13 10 91, if required by law for this procurement.

Category B, Post Opening Responsibility Verification

1. References and Release Form.

2. Subcontractor Information Form.

3. Business license or home jurisdiction business license, as applicable.

4. Certificate of Authority to transact business in Georgia, if applicable.

5. Professional or trade licenses required by law for contract performance.

6. Insurance acknowledgement form.

7. Debarment disclosure or certification, if requested by the City.

Category C, Conditional or Informational Items

1. Subcontractor Affidavit under O.C.G.A. § 13 10 91, to be obtained from subcontractors performing physical services as required by law and contract administration.

2. Israel Boycott Certification, only if the contract value is $100,000 or greater and the company employs more than five persons.

3. Any other statutory certification only if the underlying statute makes the certification applicable to this procurement.

Only Category A items may be used to support a finding of nonresponsiveness.

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