ITB General Instructions.pdf
PDF 235 KB Posted
- Attached to
- 2025- 1885 Sewer Main Replacement
- Solicitation number
- PE-66090-NONST-2025-000000012
- Issued by
- Fulton County, Georgia
About this file
This document is an Invitation to Bid (ITB) General Instructions for the City of East Point, Georgia's Department of Contracts and Procurement. The document provides comprehensive guidelines for potential bidders interested in participating in a solicitation process, with a strong emphasis on electronic bid submission through the BidNet system. Key requirements include mandatory registration on the BidNet website, submission of all bid documents electronically, and compliance with specific documentation requirements such as E-Verify and S.A.V.E. affidavits. Bidders must follow strict procedural guidelines, including uploading complete and accurate bid responses by the designated deadline, with no alternative submission methods permitted.
The ITB places significant importance on legal and procedural compliance, including non-discrimination requirements, insurance documentation, potential performance and payment bonds, and hold harmless provisions. The City reserves numerous rights throughout the procurement process, including the ability to reject any or all bids, cancel the solicitation, conduct investigations, and enter into negotiations with selected bidders. While specific project details are not outlined in these general instructions, the document establishes a comprehensive framework for potential vendors to understand the City's procurement process, submission expectations, and evaluation criteria for future contract opportunities.
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Other files
| File | Type | Posted |
|---|---|---|
| Sewer Replacement Pkg 1 _ Technical Specifica.pdf | ||
| ITB Base Document.pdf | ||
| Exhibit C Specifications.pdf |
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Text version
The Department of Contracts and Procurement
Page 1 – ITB General Instructions
ITB GENERAL INSTRUCTIONS
1.0 OBTAINING THE SOLICITATION DOCUMENTS
The City requires all companies and/or individuals interested in conducting business with the City to register on the BidNet web based system. Registration is free and enables the registering company to gain access to the City’s solicitation information and solicitation materials maintained in the BidNet system. This solicitation can be downloaded the BidNet website, located at https://www.bidnetdirect.com/georgia/cityofeastpoint.
2.0 CLARIFICATION AND ADDENDA
2.1 Bidders may submit requests for clarifications or interpretations regarding this solicitation.
Bidders must upload such requests in the BidNet system. This section places no obligation on the part of the City to respond to any request for clarification or interpretation, and the City's failure to respond to any such request will not relieve the Bidders of any obligations required herein. Requests for clarification or interpretation regarding this solicitation shall be submitted via https://www.bidnetdirect.com/georgia/cityofeastpoint.
2.2 No oral interpretation, instruction, or information concerning this solicitation given by any employee or agent of the City shall be binding on the City. Bidders who tender a submittal in reliance on any such oral information risk having their submittal deemed non-responsive by the City. All bids to written requests for clarification, interpretation, or additional information will be distributed as numbered addenda to this solicitation and posted via https://www.bidnetdirect.com/georgia/cityofeastpoint. All bids to this solicitation shall be prepared with full consideration of the addenda issued prior to the Submittal Due Date.
3.0 SUBMITTAL INSTRUCTIONS
3.1 The response to these requirements will constitute the bid package. Bid bids uploaded to the BidNet system are expected to adhere to the City’s required bid format. Each Bidder has a continuing obligation to provide the City with any material changes to the information included in its bid.
3.2 Bids shall be submitted to the City via the BidNet system located at https://www.bidnetdirect.com/georgia/cityofeastpoint. Fax, emails, in-person delivery, or mailed bids may not be accepted or considered for an award. You are encouraged to log into the BidNet system before your bid is due. If you experience issues, please contact BidNet support at 800-835-4603 or email support@bidnet.com. Unless permission to submit your bid in an alternate manner is given in writing, failure to submit the bid via BidNet will result in disqualification.
3.21 It shall be the sole responsibility of the Bidder to ensure their ITB submittal is uploaded into the BidNet system on or before the above stipulated time and date. The City shall not be held liable nor responsible if the submittal is uploaded late or is otherwise not received by BidNet system in a timely manner.
3.3 The procurement of the services described herein will be on a formally advertised basis and participation in this solicitation is open to any and all qualified Bidders. All technical or professional requirements, unless otherwise specified, must be met, or be capable of being https://www.bidnetdirect.com/georgia/cityofeastpoint https://www.bidnetdirect.com/georgia/cityofeastpoint https://www.bidnetdirect.com/georgia/cityofeastpoint https://www.bidnetdirect.com/georgia/cityofeastpoint mailto:support@bidnet.com.t
Page 2 – ITB General Instructions met by the Bidder or their bid will be disqualified as being non-responsive.
3.4 Each Bidder is encouraged to conduct all necessary investigations and review all available and relevant data and information, which is considered necessary, in their judgment, to assume the responsibilities outlined in this solicitation prior to the submittal of their ITB response.
4.0 ADDITIONAL INFORMATION
4.1 REQUIRED E-VERIFY AND S.A.V.E. DOCUMENTATION
4.1.1 This solicitation is subject to the Georgia Security and Immigration Compliance Act.
Pursuant to the Georgia Security and Immigration Compliance Act of 2006, as amended by 2011 House Bill 67, Bidders are hereby notified that all solicitations for services or work that is to be physically performed within the State of Georgia must be accompanied by proof of the Bidder’s registration, the registration of their Bid outside Bidder(s)(s) with the E-Verify Program, as well as attestation to each party’s continuing and future participation in the E-Verify Program as established by the United States Department of Homeland Security.
4.1.2 In order to ensure complete compliance with these laws/regulations, the City has made a determination to require proof of participation in the E-Verify Program from all Bidders, all of a Bidder’s proposed outside Bidder(s) at the time the Bidder’s solicitation response is submitted to the City. Completed, notified E-Verify Affidavits should be submitted in the Bidder’s bid response.
The Notary Seals on each affidavit must be visible on the copies submitted.
4.1.3 Bidders must attest to compliance with the requirements of O.C.G.A. §13-10-
91 and the Georgia Department of Labor Rule 300-10-01-.02 by executing the Prime Offeror’s Affidavit before the City can make an official Contract award. Under Georgia law, the City of East Point cannot provide award consideration to any Bidder who is unable to provide a completed E-Verify Affidavit.
4.1.4 Solicitation bids that are received from Bidders who are unable to provide E-
Verify Affidavits immediately upon the request of the City shall be considered “non-compliant” and/or “non-responsive” and shall not receive Contract award consideration.
4.1.5 An E-Verify Contractor’s (Prime Offeror’s) Affidavit is included with this solicitation, for your convenience.
4.2 The City of East Point is required to verify the status of anyone who applies for a Public Benefit through the City. Public Benefits are defined by state statute, O.C.G.A. § 50-36-1, by Federal statute, 8 U.S.C. §1611 and 8 U.S.C. §1621, and by the Office of the Attorney General.
Pursuant to these definitions, contract awards by the City of East Point are considered “Public Benefits.” Beginning on January 1st, 2012, any person awarded a Public Benefit must show a secure and verifiable document and complete the S.A.V.E. Affidavit. It is, therefore, recommended by the City that the copy of the S.A.V.E. Affidavit be submitted in the ITB response package to avoid any award delays. The Notary Seal on the SAVE Affidavit must be visible on the copy submitted.
Page 3 – ITB General Instructions
4.3 Documents which are considered “secure”, “verifiable” and therefore “acceptable” have been identified by the Office of the Attorney General. A list of those documents may be obtained directly from the State of Georgia (http://law.ga.gov/immigration-reports) or the Federal Government. Only Drivers Licenses with a star printed in the upper right-hand corner of the license are considered “secure” or “verifiable” documents. Drivers Licenses without such a star imprint will not be acceptable as identification proof, regardless of the issuing state.
4.4 The Selected Bidder shall be required to execute the S.A.V.E. Affidavit verifying their status and show a secure and verifiable document prior to the final award of any Contract by the City.
5.0 PRE-BID CONFERENCE/SITE VISITS
5.1 Bidders will be notified within the solicitation whether a pre-bid conference or site visit will take place or felt necessary; however, tours of buildings, and/or meetings and/or discussions with City personnel and/or elected or appointed officials shall not be scheduled and shall not take place and, therefore, must not be anticipated. See Section 11 and Section 12 for further clarification regarding participation in such discussions. Note: all “sequester-in-place” or “shelter-in-place” orders issued by any governmental authorities must be obeyed and may prevent a visit to the city of East Point, Georgia. If the wearing of a mask or other face covering is required by the City, all Bidders are expected to comply with the requirement.
5.2 The City of East Point does not discriminate based on disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in this solicitation or any meetings, programs, or activities associated with this solicitation should be directed in writing to the contact person listed on the ITB Cover Sheet. The subject line shall include ITB number and title.
6.0 ITB SUBMITTAL INSTRUCTIONS
6.1 Failure to submit the ITB response in the manner specified herein may result in the disqualification of the entire submittal.
6.2 Only bid bids uploaded into the BidNet system, located at https://www.bidnetdirect.com/georgia/cityofeastpoint, shall be received on behalf of the City. Bids uploaded after designated time/date will not be opened, downloaded, evaluated, nor given any award consideration regardless of how they are submitted.
6.3 ITBs shall not be submitted to the City or received by the City via the City’s regular email system, U. S. Postal Service or delivered via courier or delivery service (FedEx, UPS, DHL, etc.). Do not copy nor send an ITB submittal to any other email address within the City or to any other person within the City. If you do so, you will be disqualified from participation in the solicitation and will forfeit any opportunity for Contract award.
6.4 The City is not responsible for the untimely receipt of solicitation bids regardless of circumstances. Bidders wishing to participate in this solicitation must follow the instructions detailed herein. Incomplete solicitation bids shall not be given award consideration and may be considered “non-conforming” and “non-responsive” to the requirements in the solicitation.
The BidNet System will not accept incomplete or inconsistent submittals.
Page 4 – ITB General Instructions
6.5 Bidders who obtain specifications and plans from sources other than the City of East Point’s BidNet website are cautioned that the ITB package they receive may be incomplete or inaccurate in nature. All public addendums, tabulations, evaluation meeting notices, and recommendations of award will be posted on the BidNet website located at https://www.bidnetdirect.com/georgia/cityofeastpoint. No other source should be trusted.
6.6 By submitting a signed bid response into the BidNet system, the Bidder certifies that there has been no collusion with any other Bidder. Reasonable grounds for believing a Bidder has an interest in more than one (1) bid submittal will result in rejection of all bid submittals in which the Bidder has an interest. Any party to collusion may not be considered in future solicitations for the same or similar work. When, for any reason, collusion or other anticompetitive practices are suspected among any bidders or Offerors, a notice of the relevant facts shall be transmitted to the City Attorney for further investigation and possible action.
7.0 TIMELY RECEIPT AND DELIVERY RESPONSIBILITY
Each Bidder is solely responsible for assuring the timely delivery and arrival of their solicitation response into the BidNet system. The City is not responsible for the untimely receipt or non-delivery of uploaded solicitation bids regardless of circumstances. Do not copy nor send an ITB submittal to any other email address within the City or to any other person within the City. If you do so, you will be disqualified from participation in the solicitation and will forfeit any opportunity for Contract award.
8.0 VALIDITY OF BIDS
8.1 All ITB bids uploaded into the BidNet system must be valid for a minimum of one hundred and eighty (180) days from the ITB Due Date. All bids shall be irrevocable for this period of time, until the City officially awards this solicitation, enters into a Contract for the goods/work/services, issues a Purchase Order for the goods/work/services, officially rejects your organization’s/firm’s response or rejects all bids, or officially cancels this solicitation, whichever shall first occur.
8.2 If the solicitation involves or is based upon a Contract for Services, the Bidder’s terms, the deliverables and the submitted price(s) must be valid, at a minimum, for the entire initial term of the Contract, unless otherwise stated herein.
9.0 WITHDRAWAL, MODIFICATION AND CANCELLATION OF BIDS
9.1 By submitting a response to this solicitation, the Bidder agrees to and attests to the understanding that a submitted response may not be modified, withdrawn nor cancelled by the Bidder after the time and date designated for receipt of bids has passed. However, under certain circumstances, the City may permit the modification or withdrawal of a solicitation response.
9.2 Before the time and date designated for receipt of bids has passed, bids submitted early may be withdrawn or cancelled by the Bidder via the BidNet system.
9.3 Withdrawn or cancelled bids may be resubmitted to the BidNet system, with or without modification, by a Bidder up until the time and time and date designated as the ITB Due Date.
10.0 CORRECTION OF CLERICAL OR UNINTENTIONAL ERRORS
Page 5 – ITB General Instructions
10.1 After the opening of the submitted solicitation, mistakes or errors that are discovered by the
City, Participating Bidders or other interested parties may be corrected or a withdrawal of the solicitation response may be allowed in accordance with the provisions of this section.
10.2 Any obvious clerical mistakes, included but not limited to an error in the calculation of a price extension or percentage, the placement of a decimal point, the unintentional reversal of prices or percentages, incorrect FOB destination, or incorrect FOB point of originality may be corrected by the City in the Bidder’s original solicitation response after written verification that a clerical mistake did occur is received by the City from the Bidder.
10.3 Corrections of other errors may be allowed following a written determination by the City that the following conditions have been adequately met:
9.3.1 Evidence of the mistake and the correct solicitation response intended is clear and convincing on the face of the response; and
9.3.2 The solicitation response both as received and as actually intended is the lowest priced response received.
10.4 If, in the City’s opinion, there is a significant and obvious disparity between the price of the lowest priced Bidder and all of the other Bidders, the lowest priced Bidder may be permitted to withdraw their submittal without prejudice upon submission of written evidence and testimony that a non-intentional error did occur in the preparation of the solicitation response.
Under these circumstances, the award of the Contract shall go to the next lowest priced responsive, responsible Bidder.
10.5 If there is no clear and convincing evidence that a mistake or error has occurred, the Bidder shall not be permitted to correct the error or to withdraw their solicitation response regardless of the perceived hardship; and upon failure to enter into a legally-binding contract with the City, such a Bidder shall forfeit their bid security and/or be barred from participating in future solicitations conducted by the City.
11.0 NON-REIMBURSEMENT OF EXPENSES
The City shall not be held liable for the reimbursement or payment of any cost(s) incurred by Bidders in the preparation or provision of bids to this solicitation or any other solicitations issued by the City of East Point, Georgia. Such non-refundable, non-reimbursable, non-recoverable costs shall include, but shall not be limited to, the costs of computers, ISP services, software packages, email services; the costs of air, rail or vehicle travel; the costs of accommodations, entertainment, or meals; the costs of demonstration or presentation materials and supplies; the costs of per diems; etc.
12.0 PUBLIC OPENING AND DISCLOSURE
12.1 Properly identified bids uploaded on time into the BidNet system shall be opened and Bidders’ names posted on the BidNet website. Contents and details of submitted bids may not be examined by or divulged to competing Prospective Service Bidders or the general public until after a Bidder has been selected by the City and a legally binding Contract has been negotiated and entered into or a Purchase Order for the goods/work and/or service(s) has been issued to the Selected Service Bidder by the City.
Page 6 – ITB General Instructions
12.2 After submitting, any and all bids and supportive/accompanying materials shall become the property of the City of East Point, Georgia, unless submitted as proprietary material and so marked as such by the submitting party in a clear and unmistakable manner. Submitted bids that contain a majority of material marked as proprietary shall not be accepted by the City nor given award considered.
12.3 All bids shall be handled in a confidential nature but submitted materials may be subject to disclosure under various current and future Freedom of Information and Public Disclosure acts. Review of bids shall be made available to competing Bidders, other interested parties, and the general public after a Selected Bidder has been selected by the City and a legally binding Contract has been negotiated and entered into and/or a Purchase Order for the goods, work or services has been issued and accepted. All such requests shall be handled pursuant to the terms and conditions of applicable Federal and State Freedom of Information Acts and the City’s Municipal Code. The City’s Municipal Code may be accessed from the City’s web site which is located at http://www.eastpointcity.org or directly at http://www.municode.com.
12.4 Inquiries regarding previously existing contracts, solicitations previously issued to the Public, current or active City contracts and /or current Purchase Order procurements or other Open Records Requests (ORR’s) should be directed to the City Clerk’s Office in writing via email.
Due to City policy, the Contracts and Procurement Department is unable to directly assist you in such matters. Please refer to the Georgia Open Records Act (O.C.G.A. § 50-18-72) for information regarding what is not subject to public disclosure.
13.0 SILENCE OF SPECIFICATIONS/SCOPE OF SERVICE
13.1 The apparent silence in any Specifications/Scope of Services herein or in any supplemental materials regarding any point or detail of work to be performed and/or a service to be provided that has been prepared and distributed by the City shall be regarded as meaning that only the best usual and customary professional practices are to prevail and that only work or services of the first and finest professional quality and of the correct type and kind are to be provided by the Selected Bidder in the performance of the work and/or service requested.
13.2 The City’s interpretation of any Specifications/Scope of Service prepared and distributed by the City shall prevail.
13.3 Once a Contract is entered into or a Purchase Order is issued by the City for work/services required, the work/services stipulated in the solicitation and the Bidders’ response shall be the work/services the Selected Bidder shall be required to provide to the City.
14.0 RESERVATION OF RIGHTS
14.1 This solicitation constitutes an invitation to submit a bid for consideration to the City of East
Point, Georgia. Without limitation or penalty, the City of East Point, Georgia, reserves and holds at its sole discretion, the reservation of any and all rights contained herein.
14.2 By responding to this solicitation, the Bidder acknowledges and consents to the terms and conditions set forth herein.
http://www.eastpointcity.org/ http://www.municode.com/
Page 7 – ITB General Instructions
15.0 RIGHT TO AMEND SOLICITATION
15.1 The City reserves the right, without prior notice of any kind, to supplement, amend, or otherwise modify this solicitation in any manner that is deemed in the best interest of the City.
15.2 The City reserves the right to change and/or alter the schedule for any events associated with this solicitation and/or any dates contained herein, and, if required to do so, to duly notify the Bidders of such changes in the manner that is most convenient to the City.
15.3 The City reserves the right to add to and/or delete from the Specifications and/or Scope of
Service and/or Line Items and/or requirements and/or Specifications set forth and contained herein, and, if required to do so, to duly notify the Bidders of such changes in the manner that is most convenient to the City.
15.4 Bidders submitting a response to this solicitation agrees to be bound by any modifications made by the City.
16.0 RIGHT TO WAIVE TECHNICALITIES/INFORMALITIES
16.1 The City reserves the right to waive any and all technicalities and/or minor informalities contained in the solicitation that it deems are not in the best interest of the City.
16.2 The City reserves the right to waive any and all technicalities, minor informalities and/or irregularities contained in the bids to this solicitation.
17.0 RIGHT TO REQUEST ADDITIONAL INFORMATION/PRESENTATIONS
The City reserves the right to request Bidders to submit additional information and/or to send and/or make available representatives for interviews and/or presentations if deemed necessary or advantageous. Interviews and/or presentations may be conducted virtually under certain circumstances.
18.0 RIGHT TO CONDUCT INVESTIGATIONS AND/OR VISITATIONS
18.1 The City reserves the right to conduct investigations of the Bidders and their bids to this solicitation, including the verification of any and all references or documentation provided therein, and to request additional evidence to support the information included in any such response.
18.2 The City, including its representatives and Bidder(s)s, reserve the right to visit and examine any and all of the facilities referenced in any response and to observe and/or investigate the operations of any such facilities.
19.0 RIGHT TO ENTER INTO NEGOTIATIONS
19.1 To the extent deemed appropriate by the City and permitted by the City’s Procurement Code, the City may select and enter into discussions and negotiations with Bidders who have submitted bids which are found to be reasonably susceptible for award.
19.2 The City reserves the right to discontinue negotiations with any selected Bidder at any time, with or without providing notice, with or without stating cause.
Page 8 – ITB General Instructions
20.0 RIGHT TO REJECT BIDS/BIDDERS
20.1 The City reserves the right to accept or reject any or all bids, or any portions or components thereof, or to eliminate any or all Bidders responding to this solicitation from further consideration for this procurement, and to duly notify any and all such Bidders of the City’s determination in the manner the City’s deems the most convenient.
20.2 The City reserves the right to reject bids that are submitted using a form and/or format other than the form and/or format stipulated herein and/or provided in the solicitation package, or a response that is in any way or manner incomplete, illegible, irregular or non-conforming in nature.
20.3 Only bids uploaded into the BIDNET SYSTEM will be formally received by the City. The City will not accept submittals via the City’s regular email system nor hard copies or bids submitted via courier or U.S. Mail in response to this solicitation. Any and all email bids and hard copies received will be deleted or shredded upon receipt and shall not be given any type of award consideration.
21.0 RIGHT TO ELIMINATE NON-RESPONSIVE BIDDERS
The City reserves the right to eliminate from award consideration any or all Bidders who submit an incomplete and/or inadequate response or who are not responsive to any and/or all of the requirements of this solicitation.
22.0 RIGHT TO CANCEL SOLICITATION
22.1 This solicitation does not obligate the City to select, procure and/or contract for any goods and/or services whatsoever.
22.2 The City reserves the right to cancel this solicitation, with or without the substitution of another solicitation, and, if so desired, to terminate this procurement in its entirety at any time.
Cancellation of this solicitation may occur with or without cause and with or without prior notification. Cancelation of this solicitation, with or without substitution, shall not result in any liability to any Bidder for any reason whatsoever.
23.0 CONTRACT AWARD
23.1 It is the intent of the City to award a Contract based upon this solicitation. The apparent best over-all qualified, best over-all valued, responsive, responsible Bidder for the requested goods and/or services shall be selected, provided the response submitted by that Bidder(s) has/have been submitted in accordance with and meets the requirements stipulated in the solicitation package. Only after consideration of any and all determining factors shall the apparent best over-all qualified, best over-all valued, responsive, responsible Bidder(s) be determined. At its discretion, the City may award a Contract to one (1) or more Bidders, as is deemed in the best interest of the City.
23.2 Prior to commencing with any work and/or services and/or providing any goods, the Selected
Bidder(s) shall be required to enter into a legally binding written Agreement or Contract or accept a legally binding Purchase Order with the City of East Point, Georgia, based upon the requirements, specifications, drawings, terms and/or conditions contained herein and/or
Page 9 – ITB General Instructions stipulated by the City. In addition, prior to commencing with any work and/or services and/or providing any goods, the Selected Bidder(s) must submit proof to the City of any and all required insurance, affidavits, licenses, certifications, permits, bonds etc. necessary or required herein.
23.3 Refer to Exhibit “L” Standard Contract (requires signature).
24.0 VENDOR/BIDDER PROTESTS
Any actual or Bidder, Bidder, Offer, Contractor, Subcontractor or Sub-subcontractor who is aggrieved in connection with the prequalification, solicitation or award of a Contract shall protest directly to the Interim Director of the Contracts and Procurement Department, Mr.
Derman Lawrence via email at dlawrence@eastpointcity.org. A protest with respect to an Invitation for Bids (ITB), Request for Proposals (RFP) or Request for Qualifications (RFQ) must be submitted to the Contracts and Procurement Department in writing via email within five (5) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto, but under no circumstances after five (5) calendar days of Notification of Award of the contract. The City’s Municipal Code shall govern all such matters. The City’s Municipal Code may be accessed from the City’s web site which is located at http://www.eastpointcity.org or http://www.municode.com.
25.0 INSURANCE REQUIREMENTS
25.1 Refer to Exhibit “I” Insurance Requirements.
25.2 All Certificates of Insurance must have affixed a completed ISO 2004 CG 20 10 Additional Insured Endorsement (revised short form) which references the Contract Number assigned by the City, and a brief description of the work or services to be performed.
25.3 All policies issued in regard to this solicitation must clearly reference the City’s solicitation number and the official title of the awarded solicitation/Contract.
26.0 HOLD HARMLESS REQUIREMENT
26.1 Neither the City, its staff, its representatives, nor any of its Bidder(s)s and/or attorneys shall be liable for any claims and/or damages resulting from the invitation, advertisement, collection, review, evaluation and/or tabulation of bids to this solicitation.
26.2 The Selected Bidder shall indemnify and hold harmless the City of East Point, Georgia, and any and all elected officials, employees, contractors, representatives or agents of the City of East Point, Georgia, from any loss, claim, liability, penalty, fine forfeiture, demand, causes of action, suit, and costs and expenses incidental thereto (including cost of defense, settlement and reasonable attorney’s fees) [hereinafter referred to as “Indemnified Costs”] resulting from a breach by the Selected Bidder of any of the agreements, representations, trademarks or warranties of the Selected Bidder contained in this solicitation or their response thereto, or caused by or resulting from any negligent, willful or otherwise tortuous act or omission, or violation of the law by the Selected Bidder, its agents, representatives or employees in connection with the Selected Bidder’s provision of goods and/or work and/or services and obligations contemplated by this solicitation, response thereto, or Contract resulting there from. The indemnity obligation of the Selected Bidder under this section shall survive the http://www.eastpointcity.org/ http://www.municode.com/
Page 10 – ITB General Instructions expiration or termination of any resulting Contract, subject to any applicable statute of limitation.
27.0 NONDISCRIMINATORY REQUIREMENTS
27.1 The Selected Bidder agrees that in connection with the performance of providing the goods and/or work and/or service(s) under this solicitation or any resultant contract, the Bidder (and/or his Subcontractor[s] and/or Supplier[s]) agrees not to discriminate against any employee or applicant for employment because of race, color, religion, gender, gender presentation, sexual preference, ethnicity, national origin, and/or disability. The aforesaid provision shall include, but shall not be limited to, the following: employment, promotion, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, overtime or compensatory time consideration and/or any other forms of compensation, and/or selection for training, including apprenticeship. The Bidder (Subcontractor[s]/Supplier[s]) agrees to post statements of non-discrimination practices in conspicuous places, available for employees and applicants for employment to see that clearly sets forth the provisions of this nondiscrimination practices clause.
28.0 PLANS/SPECIFICATIONS/DRAWINGS
28.1 Plans, Specifications, and/or Drawings will be made available on the BidNet system, as an attachment, if applicable.
29.0 PERFORMANCE AND PAYMENT BOND REQUIREMENTS
29.1 Refer to Exhibit “J” Performance and Payment Bonds.
29.2 Each bond shall set forth a penal sum in an amount not less than one hundred percent (100%) of the Contract Price.
29.3 Each bond furnished by the Contractor shall incorporate by reference the terms of this
Contract as fully as though they were set forth verbatim in such bonds.
29.4 In the event the Contract Price is adjusted by Change Order executed by the Contractor, approved by City Council, entered on the minutes, and in accordance with The Procurement Code of The City of East Point, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount.
29.5 The performance and payment bonds furnished by the Contractor shall be in a form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner.
30.0 BID BOND
30.1 Refer to Exhibit “K” Bid Bond.
30.2 The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
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30.3 Certified/Cashier's Check: A certified check, or cashier’s check may be used in lieu of a Bid Bond. If a cashier's check is used in lieu of a Bid Bond, the cashier's check must be drawn on a bank doing business in the State of Georgia and made payable to the City of East Point. Note that personal or company checks are not acceptable as bid security. If a cashier’s check is used in lieu of a Bid Bond or if the Bid Bond does not specifically soprovide, a certificate from an approved surety company guaranteeing execution of performance and payment bonds in the full amount of the bid, must accompany the bid
| 3.21 It shall be the sole responsibility of the Bidder to ensure their ITB submittal is uploaded into the BidNet system on or before the above stipulated time and date. The City shall not be held liable nor responsible if the submittal is uploaded la... |
| 3.3 The procurement of the services described herein will be on a formally advertised basis and participation in this solicitation is open to any and all qualified Bidders. All technical or professional requirements, unless otherwise specified, must ... |
| 3.4 Each Bidder is encouraged to conduct all necessary investigations and review all available and relevant data and information, which is considered necessary, in their judgment, to assume the responsibilities outlined in this solicitation prior to t... |
| 1.1 |
| 1.2 |
| 4.3 Documents which are considered “secure”, “verifiable” and therefore “acceptable” have been identified by the Office of the Attorney General. A list of those documents may be obtained directly from the State of Georgia (http://law.ga.gov/immigrati... |
| 4.4 The Selected Bidder shall be required to execute the S.A.V.E. Affidavit verifying their status and show a secure and verifiable document prior to the final award of any Contract by the City. |
| 5 |
| 5.1 Bidders will be notified within the solicitation whether a pre-bid conference or site visit will take place or felt necessary; however, tours of buildings, and/or meetings and/or discussions with City personnel and/or elected or appointed official... |
| 5.2 The City of East Point does not discriminate based on disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in this solicitation or any meeting... |
| 7.0 |
| 6.1 Failure to submit the ITB response in the manner specified herein may result in the disqualification of the entire submittal. |
| 6.2 Only bid bids uploaded into the BidNet system, located at https://www.bidnetdirect.com/georgia/cityofeastpoint, shall be received on behalf of the City. Bids uploaded after designated time/date will not be opened, downloaded, evaluated, nor given... |
| 6.3 ITBs shall not be submitted to the City or received by the City via the City’s regular email system, U. S. Postal Service or delivered via courier or delivery service (FedEx, UPS, DHL, etc.). Do not copy nor send an ITB submittal to any other ema... |
| 6.4 The City is not responsible for the untimely receipt of solicitation bids regardless of circumstances. Bidders wishing to participate in this solicitation must follow the instructions detailed herein. Incomplete solicitation bids shall not be gi... |
| 6.5 Bidders who obtain specifications and plans from sources other than the City of East Point’s BidNet website are cautioned that the ITB package they receive may be incomplete or inaccurate in nature. All public addendums, tabulations, evaluation m... |
| 6.6 By submitting a signed bid response into the BidNet system, the Bidder certifies that there has been no collusion with any other Bidder. Reasonable grounds for believing a Bidder has an interest in more than one (1) bid submittal will result in r... |
| 7 |
| Each Bidder is solely responsible for assuring the timely delivery and arrival of their solicitation response into the BidNet system. The City is not responsible for the untimely receipt or non-delivery of uploaded solicitation bids regardless of cir... |
| 8.0 VALIDITY OF BIDS |
| 8 |
| 8.1 All ITB bids uploaded into the BidNet system must be valid for a minimum of one hundred and eighty (180) days from the ITB Due Date. All bids shall be irrevocable for this period of time, until the City officially awards this solicitation, enters... |
| 8.2 If the solicitation involves or is based upon a Contract for Services, the Bidder’s terms, the deliverables and the submitted price(s) must be valid, at a minimum, for the entire initial term of the Contract, unless otherwise stated herein. |
| 9.0 WITHDRAWAL, MODIFICATION AND CANCELLATION OF BIDS |
| 9 |
| 9.1 By submitting a response to this solicitation, the Bidder agrees to and attests to the understanding that a submitted response may not be modified, withdrawn nor cancelled by the Bidder after the time and date designated for receipt of bids has pa... |
| 9.2 Before the time and date designated for receipt of bids has passed, bids submitted early may be withdrawn or cancelled by the Bidder via the BidNet system. |
| 9.3 Withdrawn or cancelled bids may be resubmitted to the BidNet system, with or without modification, by a Bidder up until the time and time and date designated as the ITB Due Date. |
| 10 |
| 10.1 After the opening of the submitted solicitation, mistakes or errors that are discovered by the City, Participating Bidders or other interested parties may be corrected or a withdrawal of the solicitation response may be allowed in accordance with... |
| 10.2 Any obvious clerical mistakes, included but not limited to an error in the calculation of a price extension or percentage, the placement of a decimal point, the unintentional reversal of prices or percentages, incorrect FOB destination, or incorr... |
| 10.3 Corrections of other errors may be allowed following a written determination by the City that the following conditions have been adequately met: |
| 10.4 If, in the City’s opinion, there is a significant and obvious disparity between the price of the lowest priced Bidder and all of the other Bidders, the lowest priced Bidder may be permitted to withdraw their submittal without prejudice upon submi... |
| 10.5 If there is no clear and convincing evidence that a mistake or error has occurred, the Bidder shall not be permitted to correct the error or to withdraw their solicitation response regardless of the perceived hardship; and upon failure to enter i... |
| 11 |
| The City shall not be held liable for the reimbursement or payment of any cost(s) incurred by Bidders in the preparation or provision of bids to this solicitation or any other solicitations issued by the City of East Point, Georgia. Such non-refundab... |
| 12 |
| 12.1 Properly identified bids uploaded on time into the BidNet system shall be opened and Bidders’ names posted on the BidNet website. Contents and details of submitted bids may not be examined by or divulged to competing Prospective Service Bidders ... |
| 12.2 After submitting, any and all bids and supportive/accompanying materials shall become the property of the City of East Point, Georgia, unless submitted as proprietary material and so marked as such by the submitting party in a clear and unmistaka... |
| 12.3 All bids shall be handled in a confidential nature but submitted materials may be subject to disclosure under various current and future Freedom of Information and Public Disclosure acts. Review of bids shall be made available to competing Bidde... |
| 12.4 Inquiries regarding previously existing contracts, solicitations previously issued to the Public, current or active City contracts and /or current Purchase Order procurements or other Open Records Requests (ORR’s) should be directed to the City C... |
| 13 |
| 13.1 The apparent silence in any Specifications/Scope of Services herein or in any supplemental materials regarding any point or detail of work to be performed and/or a service to be provided that has been prepared and distributed by the City shall be... |
| 13.2 The City’s interpretation of any Specifications/Scope of Service prepared and distributed by the City shall prevail. |
| 13.3 Once a Contract is entered into or a Purchase Order is issued by the City for work/services required, the work/services stipulated in the solicitation and the Bidders’ response shall be the work/services the Selected Bidder shall be required to p... |
| 14 |
| 14.1 This solicitation constitutes an invitation to submit a bid for consideration to the City of East Point, Georgia. Without limitation or penalty, the City of East Point, Georgia, reserves and holds at its sole discretion, the reservation of any a... |
| 14.2 By responding to this solicitation, the Bidder acknowledges and consents to the terms and conditions set forth herein. |
| 15 |
| 15.1 The City reserves the right, without prior notice of any kind, to supplement, amend, or otherwise modify this solicitation in any manner that is deemed in the best interest of the City. |
| 15.2 The City reserves the right to change and/or alter the schedule for any events associated with this solicitation and/or any dates contained herein, and, if required to do so, to duly notify the Bidders of such changes in the manner that is most c... |
| 15.3 The City reserves the right to add to and/or delete from the Specifications and/or Scope of Service and/or Line Items and/or requirements and/or Specifications set forth and contained herein, and, if required to do so, to duly notify the Bidders ... |
| 15.4 Bidders submitting a response to this solicitation agrees to be bound by any modifications made by the City. |
| 16 |
| 16.1 The City reserves the right to waive any and all technicalities and/or minor informalities contained in the solicitation that it deems are not in the best interest of the City. |
| 16.2 The City reserves the right to waive any and all technicalities, minor informalities and/or irregularities contained in the bids to this solicitation. |
| 17 |
| The City reserves the right to request Bidders to submit additional information and/or to send and/or make available representatives for interviews and/or presentations if deemed necessary or advantageous. Interviews and/or presentations may be condu... |
| 18 |
| 18.1 The City reserves the right to conduct investigations of the Bidders and their bids to this solicitation, including the verification of any and all references or documentation provided therein, and to request additional evidence to support the in... |
| 18.2 The City, including its representatives and Bidder(s)s, reserve the right to visit and examine any and all of the facilities referenced in any response and to observe and/or investigate the operations of any such facilities. |
| 19 |
| 19.1 To the extent deemed appropriate by the City and permitted by the City’s Procurement Code, the City may select and enter into discussions and negotiations with Bidders who have submitted bids which are found to be reasonably susceptible for award. |
| 19.2 The City reserves the right to discontinue negotiations with any selected Bidder at any time, with or without providing notice, with or without stating cause. |
| 20 |
| 20.1 The City reserves the right to accept or reject any or all bids, or any portions or components thereof, or to eliminate any or all Bidders responding to this solicitation from further consideration for this procurement, and to duly notify any and... |
| 20.2 The City reserves the right to reject bids that are submitted using a form and/or format other than the form and/or format stipulated herein and/or provided in the solicitation package, or a response that is in any way or manner incomplete, illeg... |
| 20.3 Only bids uploaded into the BIDNET SYSTEM will be formally received by the City. The City will not accept submittals via the City’s regular email system nor hard copies or bids submitted via courier or U.S. Mail in response to this solicitation.... |
| 21 |
| The City reserves the right to eliminate from award consideration any or all Bidders who submit an incomplete and/or inadequate response or who are not responsive to any and/or all of the requirements of this solicitation. |
| 22 |
| 22.1 This solicitation does not obligate the City to select, procure and/or contract for any goods and/or services whatsoever. |
| 22.2 The City reserves the right to cancel this solicitation, with or without the substitution of another solicitation, and, if so desired, to terminate this procurement in its entirety at any time. Cancellation of this solicitation may occur with or ... |
| 23 |
| 23.1 It is the intent of the City to award a Contract based upon this solicitation. The apparent best over-all qualified, best over-all valued, responsive, responsible Bidder for the requested goods and/or services shall be selected, provided the res... |
| 23.2 Prior to commencing with any work and/or services and/or providing any goods, the Selected Bidder(s) shall be required to enter into a legally binding written Agreement or Contract or accept a legally binding Purchase Order with the City of East ... |
| Any actual or Bidder, Bidder, Offer, Contractor, Subcontractor or Sub-subcontractor who is aggrieved in connection with the prequalification, solicitation or award of a Contract shall protest directly to the Interim Director of the Contracts and Procu... |
| 24 |
| 25 |
| 25.1 Refer to Exhibit “I” Insurance Requirements. |
| 25.2 All Certificates of Insurance must have affixed a completed ISO 2004 CG 20 10 Additional Insured Endorsement (revised short form) which references the Contract Number assigned by the City, and a brief description of the work or services to be per... |
| 25.3 All policies issued in regard to this solicitation must clearly reference the City’s solicitation number and the official title of the awarded solicitation/Contract. |
| 26 |
| 26.1 Neither the City, its staff, its representatives, nor any of its Bidder(s)s and/or attorneys shall be liable for any claims and/or damages resulting from the invitation, advertisement, collection, review, evaluation and/or tabulation of bids to t... |
| 26.2 The Selected Bidder shall indemnify and hold harmless the City of East Point, Georgia, and any and all elected officials, employees, contractors, representatives or agents of the City of East Point, Georgia, from any loss, claim, liability, penal... |
| 27 |
| 27.1 The Selected Bidder agrees that in connection with the performance of providing the goods and/or work and/or service(s) under this solicitation or any resultant contract, the Bidder (and/or his Subcontractor[s] and/or Supplier[s]) agrees not to d... |
| 28 |
| 28.1 Plans, Specifications, and/or Drawings will be made available on the BidNet system, as an attachment, if applicable. |
| 29.1 Refer to Exhibit “J” Performance and Payment Bonds. |
| 29.2 Each bond shall set forth a penal sum in an amount not less than one hundred percent (100%) of the Contract Price. |
| 29.5 The performance and payment bonds furnished by the Contractor shall be in a form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner. |
| 30.1 Refer to Exhibit “K” Bid Bond. |
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