Public Safety Camera Network System RFP.docx

REQUEST FOR PROPOSAL

JULY 2024

PUBLIC SAFETY CAMERA NETWORK SYSTEM PROJECT

CITY OF BRUNSWICK, GEORGIA

Project ID: RFP 2025-001 Proposal Available: Wednesday, July 3, 2024 5:00 PM (EST) Proposals Due: Friday, August 30, 2024 5:00 PM (EST) Page 1 | 1

TABLE OF CONTENTS

SECTION I: INTRODUCTION………………………………………………………………………………………………3

SECTION II: INVITATION FOR PROSPECTIVE BIDDERS…………………………………………………….4 - 5

SECTION III: GENERAL RFP INFORMATION……………………………………………………………….…...6 - 8

SECTION IV: INSTRUCTIONS TO BIDDERS………….………………………………………………………….9 - 10

SECTION V: GENERAL TERMS AND DEFINITIONS……………………………………………………....11 - 13

SECTION VI: TECHNOLOGY INFORMATION………………………………………………………………….13 - 34

SECTION VII: PROPOSAL REQUIREMENTS……………………………………………………...…...........35 - 41

SECTION VIII: EVALUATION CRITERIA AND PROCESS…………………………………………………….41 - 45

SECTION IX: PROPOSER’S PROPOSAL AGREEMENT…………………………………………….…………

SECTION X: APPENDIX - REQUIRED FORMS…………….………………………………………………...47 - 59

SECTION I - INTRODUCTION

1. PURPOSE

The City of Brunswick, Georgia is soliciting competitive sealed proposals from qualified vendors that specialize in installing Automated License Plate Reader Cameras (ALPR) and Closed-Circuit Television Cameras (CCTV). The City’s objectives are to set up Real-Time ALPR and CCTV cameras in strategic locations throughout the city using a single video management platform equipped with modern technology and software to closely monitor and minimize criminal activity and enhance public safety. The selected firm must also provide training in the operation of the system and must be able to trouble-shoot and repair the system in the event of problems. The State of Georgia’s Office of Planning and Budget Community Violence Reduction Grant Program is funding this project. All Federal Procurement Title 2 C.F.R. Part 200 Audit Requirements will apply.

2. BACKGROUND

Brunswick is a city located in southeast Georgia and the county seat of Glynn County. As the primary urban and economic center of the lower portion of Georgia, it is the second-largest urban area on the Georgia coastline after Savannah and contains the Brunswick Old Town Historic District along with a port that is one of the nation’s most productive ports on the Atlantic coast. Known as the historic city by the sea, Brunswick is comprised of twenty-five square miles of upland, a wide variety of marshlands and a multitude of open water. After celebrating over 250 years of prosperity, the City of Brunswick remains a thriving, picturesque community that is the center for festivals, cultural events, art, and commerce for Glynn County and the Golden Isles. The Port city has something for everyone whether they come to work, live, play, shop, or worship. With a growing population of hundreds of businesses including offices, shops and restaurants, highly educated workforce, superb location and high quality of life, Brunswick is “The Place for Business”.

3. CONTACT PERSON

The contact person for this RFP is Raquel McCray, Purchasing Agent, (912) 267-5538, or rmccray@cityofbrunswick-ga.gov. Inquiries regarding the meaning or interpretation of the RFP must be requested from the contact person, in writing via email at rmccray@cityofbrunswick-ga.gov no later than 5:00pm on Tuesday, August 6, 2024. Vendors are encouraged to contact only the contact person stated above to clarify any part of this RFP. All answers and questions will be posted to the City’s website https://www.brunswickga.org/rfps no later than Friday, August 9, 2024. Answers to questions submitted will be treated as an addendum. It is the bidder’s responsibility to seek clarification as early as possible prior to the opening of proposals and to monitor the City of Brunswick website for any changes or updates. Proposers who obtain this Request for Proposal from the City’s website or the Georgia Procurement Registry, https://ssl.doas.state.ga.us/gpr/ are advised to re-visit both websites to obtain any addenda which may be issued prior the proposal closing date. The City of Brunswick assumes no responsibility for Proposer’s failure to acknowledge any addenda issued.

4. RESTRICTIONS ON COMMUNICATIONS

From the issue date of this Request for Proposal until a contractor is selected, and the award is announced, Vendors are not allowed to communicate with any City staff or elected officials regarding this project except through the Purchasing Agent named herein, at the Pre-Proposal Meeting or as provided by existing work agreement(s). The City reserves the right to reject the submittal of any Vendor for violating this provision.

SECTION II - INVITATION FOR PROSPECTIVE BIDDERS

5. INVITATION

The City of Brunswick is soliciting competitive sealed proposals from qualified Vendors to design, furnish, install, and support a complete and comprehensive Public Safety Camera Network System. Proposals for this project must be returned in a sealed envelope or container marked on the outside with the offeror’s name and address and labeled, “RFP 2025-001 Public Safety Camera Network System.” Proposals will be received until 5:00 PM, legal prevailing time on Friday, August 30, 2024. Hand delivered copies may be delivered to the address below ONLY between the hours of 8:00 AM and 5:00 PM Monday through Friday, excluding holidays observed by the City of Brunswick. Regardless of postmark or method of delivery, the Purchasing Office must receive bid packages no later than the time and date listed above. Any proposal received after this date and time will not be accepted.

Envelopes or containers containing separate technical and fee proposal must be sealed, and addressed to:

City of Brunswick City Hall Finance Department, Purchasing Office First Floor 601 Gloucester Street Brunswick, GA 31520 Attention: Raquel McCray

A pre-proposal meeting to respond to all inquiries with regards to this project will be held at 10:00 AM, Friday, July 19, 2024, in the City of Brunswick Conference Room located on the Second Floor of the City Hall Building, 601 Gloucester Street, Brunswick. While this meeting is optional, it is highly recommended that Vendors attend to ask questions. Non-attendance on the part of the bidder shall not relieve the bidder of any responsibility for adherence to any provisions of this bid package.

Attached hereto is the Request for Proposal (RFP) instruction document. Proposals should include all requested information as stated in this RFP. The written requirements contained in this (RFP) shall not be changed or superseded except by written addendum from the City of Brunswick Purchasing Division of the Finance Department. Failure to comply with the written requirements for this proposal may result in rejection of the proposal by the City of Brunswick.

The Bidder’s response should include one (1) USB Flash drive with a PDF copy of the Technical Proposal WITHOUT FEE PROPOSAL, one (1) bound original printed copy without pricing and five (5) bound printed copies. One (1) printed copy of FEE PROPOSAL should be in a separate sealed envelope.

Proposals submitted by the deadline will be publicly opened and read aloud at 2:00 PM Tuesday, September 3, 2024. Proposals are legal and binding upon the bidder when submitted. No bid may be withdrawn after closing for a period of 30 calendar days.

Selection criteria are outlined in the request for proposal documents. The City of Brunswick Board of Commissioners reserves the right to reject all proposals, to waive any technicalities or irregularities, and to award the contract based on the highest and best interest of the City of Brunswick.

It is the policy of the City of Brunswick that no person or business shall be excluded from participation, denied the benefits of, or otherwise discriminated against in relation to the award and performance of any contract or subcontract on the grounds of race, color, creed, national origin, age, or sex.

Sincerely, Raquel Jeffreys McCray Purchasing Agent The City of Brunswick Board of Commissioners

SECTION III - GENERAL RFP INFORMATION

6. RFP SCHEDULE OF EVENTS

ACTIVITY

DATE/TIME

Conference Room located on the Second Floor of the City Hall Building, 601 Gloucester Street, Brunswick, GA 31520.

Bid Opening

Tuesday, September 3, 2024, at 2:00 PM

Final Selection of and Notification to Selected Vendor

October 4, 2024

The City reserves the right, at its sole discretion to adjust this schedule, as it deems necessary without prior notice. Notification of any adjustment to the schedule will be provided as an Addenda. It shall be the Vendor’s responsibility to check regularly for addenda, clarifications, and other notices that may be pertinent to this project.

7. EXCEPTION TO RFP

Each Vendor shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP. An “exception” is defined as the Vendors’ inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the proposal. All exceptions taken must be identified and explained in writing in your RFP response and must specifically reference the relevant section(s) of this RFP. If the Vendor provides an alternate solution when taking an exception to the requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Vendor’s solution must be explained in detail. The City of Brunswick welcomes innovative suggestions and recommendations from Vendors that will ensure a 100% successful project.

8. VENDOR MINIMUM QUALIFICATIONS

Vendors must submit information that demonstrates and provides evidence that it has the full spectrum of capabilities, experience, and staff and expertise to perform the services described in this RFP. The Vendors responding to this RFP must:

A. Demonstrate experience in projects that are comparable in size and scope to the proposed system.

B. Have sufficient, competent, and certified technicians trained in all aspects of design, maintenance, and installation of security camera systems.

C. Have the necessary credentials, licensures, etc. (if applicable) that govern the services provided and adhere to all applicable local, state, and federal laws.

D. Be able to provide three references.

E. Provide proof of the minimum insurance requirements

9. PROPOSAL SUBMITTAL REQUIREMENTS

Proposals shall be prepared to satisfy the requirements of the RFP. Emphasis should be concentrated on accuracy, completeness, and clarity of content. Vendors are requested to provide as much relevant detail as possible regarding the scope of services, design approach, system functionality, and security of the system, and their capability and experience. The City of Brunswick will utilize evaluation and selection criteria to determine an acceptable vendor.

All parts, pages, figures, and tables should be numbered and labeled clearly. The proposal format should be organized as follows:

1. Transmittal letter - A brief cover letter of introduction and interest.

2. Table of Contents - Including all sections and subsections.

3. Business Information - State the full name and address of the organization that will perform the services described in this proposal. Include telephone number, the point of contact and official signature of an authorized company representative. Indicate whether you operate as a single proprietorship, partnership or corporation. Include the state(s) in which you are incorporated and/or licensed to operate.

4. The following information arranged in tab format:

TAB #

TITLE

Proposed System Specs and Details

Vendor Background and Qualifications

Vendor’s Experience and Client References

Other Required Forms and Attachments

Separate Sealed Envelope

Price Proposal

A. PROPOSED SYSTEM SPECIFICATIONS AND DETAILS (TAB 1)

The Vendor shall provide details to demonstrate that the system they are proposing meets, or exceeds the requirements spelled out in the statement of work. The vendor shall submit a product list for each location. Include product availability and installation schedule.

B. VENDOR BACKGROUND AND QUALIFICATIONS (TAB 2)

The Vendor shall include sufficient information to allow the City to assess the Vendors’ qualifications and determine the Vendor’s stability as well as the ability to support the commitments outlined in response to this RFP. The Vendor shall address the minimum vendor qualifications cited in this document and may also include additional information. Include an organization chart and summary resumes of key personnel proposed for the project, including designations of the team leader, the consultant responsible for design, the project architect, the person responsible for all proposed communication with the Owner and all proposed sub-consultants and a description of their roles.

C. VENDOR’S EXPERIENCE AND CLIENT REFERENCES (TAB 3)

The Vendor shall list previous experience or similar projects. On each project, briefly state the scope of work, completion date, owner, and other pertinent information. References may be contacted by the City of Brunswick to assist with the evaluation of experience, expertise, and customer satisfaction. Provide three (3) client references from customers for whom the Vendor is currently or has previously provided products and services as required in this RFP, within the last five (5) years. The Vendor References Form is provided in this document.

D. OTHER REQUIRED FORMS AND ATTACHMENTS (TAB 4)

Please provide all other required forms and attachments (E-Verify, proof of insurance, etc.).

E. PRICE PROPOSAL (SUBMITTED IN A SEPARATE SEALED ENVELOPE)

The Vendor is to present their price proposal as requested. One (1) printed copy of the cost proposal should be in a separate sealed envelope.

SECTION IV: INSTRUCTIONS TO BIDDERS

10. SITE VISIT

Proposers are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event, shall failure to inspect the site constitute grounds for a claim after contract award. The Proposer shall confine its examination to the specific areas designated for the proposed installation, including public rights of way. The Proposer is solely responsible for any damage caused by its examination of the site.

Note: The City of Brunswick has done due diligence on every intersection listed below. A complete list of intersections, the number of poles located at each intersection, the type of pole, the owner of the pole, whether the pole has power, and the direction the cameras should face (in relation to the pole) can be acquired by requesting the information from Purchasing Agent Raquel McCray at rmccray@cityofbrunswick-ga.gov.

11. ALTERNATE PROPOSALS

Alternate proposals or proposals that deviate from the requirements of this solicitation will not be considered. Offerors shall not insert in their proposal any written statement which will have the effect of making any material change or changes in the Scope of Work or in any contract between the parties coving subject matter thereof.

12. SUBMISSION OF PROPOSALS

Proposals shall be submitted by mail by 5:00 PM on Friday, August 30, 2024, as indicated in the Invitation. The City of Brunswick will not accept late Proposals. Proposers are reminded that documents and information in the possession of The City of Brunswick will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open Records Act and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act. Should you believe that your Proposal contains any trade secrets you must submit an affidavit, along with the Proposal, that states that specific portions of the Proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the Proposal containing any trade secrets.

13. PROPOSAL FORM

Proposals shall be submitted by mail. The Proposer will submit a TECHNICAL PROPOSAL, and a separate FEE PROPOSAL as indicated in the Invitation. For fee proposals, prices shall be based upon unit prices for estimated quantities except where Proposal items require a lump sum. Where errors or omissions result in discrepancies in the Proposal totals, prices per unit as submitted will be binding. Final payment will be based upon actual in-place measured quantities, except where lump sums are requested for Proposal items.

14. GIFTS, REBATE, GRATUITIES

Acceptance of gifts from bidders is prohibited. No officer or employee of the City of Brunswick shall accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract for the purchase of materials, supplies, or equipment may be awarded, by rebate, gifts, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future rewards or compensation.

Bidding by City of Brunswick employees is prohibited. It is unlawful for any city official or employee to bid on, or sell, or offer for sale, any merchandise equipment or material, or similar commodity to the city during the tenure of his or her office or employment, or for the period prescribed by law thereafter, or to have any interest in the selling of the same to the city.

15. GEORGIA OPEN RECORDS ACT

Information submitted by a vendor in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act. Proprietary information must be identified. In accordance with OCGA Section 50-18-72(a)(34) any trade secrets obtained from a person or business entity that are required by law, regulation, bid, or request for proposal to be submitted to an agency. An 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. If such entity attaches such an affidavit, before producing such records in response to a request under this article, the agency shall notify the entity of its intention to produce such records as set forth in this paragraph. If the agency decides that the specifically identified information does not in fact constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing. If the agency decides that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure.

SECTION V: GENERAL TERMS AND DEFINITIONS

16. GENERAL TERMS AND DEFINITIONS

· Addenda Supplemental written specifications or drawings issued prior to execution of the contract which modify or interpret the project by addition, deletion, clarification, or corrections.

· Bid A submission from a supplier or vendor containing a cost estimate for goods or services, usually in response to a business’ invitation to bid.

· Bid Award Also known as a contract award, this is the final phase of the bidding process, in which the buyer chooses a winning bidder and enters into a contract with their organization. These awards are legally binding source documents containing terms, conditions, and pricing of the goods or services.

· Bid Evaluation The procurement administrator’s process of comparing supplier offers in order to choose the best offer for goods or services. Evaluation criteria include compliance with technical requirements, price, and quality.

· Bidder Individual, partnership, corporation, or a combination thereof, including joint ventures, offering a bid to perform the work.

· Change Order An official source document making an alteration to a previously signed purchase order or contract for work. A change order should include a detailed description of the change, the new terms, and the new price.

· Compliance The adherence to contract guidelines set up by the procurement department. It is crucial to spending control and protects organizations from fraud. Successful compliance is a result of many intentional measures, including defined metrics, well-developed policies, and continued efforts to refine the compliance strategy on an ongoing basis.

· Contract A legally binding agreement between a buyer and a seller. By providing agreed-upon terms, contracts protect both entities.

· Contract Documents Vendor’s Bid, Addenda to the Contract, Notice of Award, Notice to Proceed, Bonds, Drawings, Change Orders, Work Change directives.

· Contract Drawings The drawings that together describe the details of what the contractor is to furnish and build under the contract.

· Contract Price The price of a contract paid to the Contractor which has been agreed upon under the terms and conditions of the contract.

· Contract Time The number of days, as outlined in the contract between the start date and specific end date.

· Contractor Person, business, or entity that enters into a legally binding contract to perform a service or do a job.

· Contractor's Plant and Equipment Referring to the tools, machinery, and equipment brought to the site in connection with the performance of the work; whether owned, hired or leased by Contractor or a Subcontractor. The Contractor's and subcontractor's personnel shall not be permitted to park their cars on Owner's property except in the area designated for construction. The General Contractor shall see that this restriction is enforced.

· Deliverables Products or services purchased by the Vendor for internal use.

· Engineer/Architect Within the contract, it shall be understood the Engineer/Architect represents the Owner.

· Fee Dollar amount inclusive of all Proposer's costs including overhead, insurance, labor, equipment, advertisements, etc.

· Final Completion The project closeout phase when the Owner determines the project to be 100% completed, punch list work included and requires no additional work. Usually, the point where the Contractor satisfied any remaining contract terms and requirements, and the Architect or Project Manager perform the final inspection.

· Owner City of Brunswick Board of Commissioners Brunswick, Georgia.

· Project Manager Person(s) responsible for the day-to-day planning, organizing, managing, and tracking the project from start to finish.

· Punch List A document that lists all tasks that need to be completed before a project is considered complete. The list will be prepared by the Engineer/Architect.

· Request for Proposal (RFP) A business document that announces a project, describes it, and solicits bids from qualified contractors to complete it.

· Sealed Bid Procurement method used primarily by the government in which all bids remain sealed, or unreviewed, until after the submission deadline has passed in order to ensure fairness and transparency in the bidding process. Sealed bids are used most often when the determining criteria is lowest price.

· Statement of Work A document describing the requirements for a service to be performed and the method to be used.

· Substantial Completion The phase when a project is deemed sufficiently completed in accordance with the Contract Documents so that the Owner can use it for its intended purpose.

· Substantial Completion Date The date shown on the Certificate of Substantial Completion that triggers a punch list of work to be completed before Final Completion is accepted.

SECTION VI: CONDITIONS AND PROVISIONS

17. JOINT VENTURE CONTRACTOR

In the event the Contractor is a joint venture of two or more contractors, the grants, covenants, provisos and claims, rights, power, privileges, and liabilities of the contract shall be construed and held to be several as well as joint. Any notice, order, direct request, or any communication required to be or that may be given by the Engineer/Architect to the Contractor under this contract, shall be well and sufficiently given to all persons being the Contractor if given to any one or more of such persons. Any notice, request, or other communication given by any one of such persons to the Engineer/Architect under this Contract shall also be given to the Owner and shall be deemed to have been given by and shall bind all persons being the Contractor.

18. AWARD OF CONTRACT

As soon as possible, and within 60 days after receipt of Proposals, The City shall notify the successful Proposer(s) of the award of the contract. Award notification will be sent to company(s) via email. Should The City require additional time to award a contract, the time may be extended by mutual agreement between the Owner and the successful Proposer. If an Award of Contract has not been made within 60 days from the Proposal date or within the extension mutually agreed upon, the Proposer may withdraw the Proposal without further liability on the part of either party.

19. MULTIPLE AWARDS

The City of Brunswick reserves the right to make multiple awards or to award a contract by individual line items or alternatives, by a group of line items or alternatives, or to make an aggregate award, whichever is deemed most advantageous to the City. If the Owner determines that an aggregate award to one Vendor is not in the City’s best interest, "all or none" offers shall be rejected.

20. SEPARATE CONTRACTS

A. The Owner reserves the right to allow other contracts in connection with this project. The Contractor shall afford other Contractors reasonable opportunity for the execution of their work, and the Contractor and other Contractors shall properly connect and coordinate their work with each other. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer or his representative any defects in such work that render it unsuitable for such proper execution and results.

B. The Owner may perform additional work related to the project with his own forces. The Contractor will afford the Owner reasonable opportunity for the execution of work and shall properly connect and coordinate his work with theirs.

21. EXECUTION OF CONTRACT DOCUMENTS

A. Within fifteen (15) days of Notification of Award of Contract, the City shall furnish the Contractor the conformed copies of Contract Documents for execution by him and his Surety.

B. Within fifteen (15) days after receipt, the Contractor shall return all the documents properly executed by himself and his Surety. Certificates of insurance for the required limits will accompany the Contract documents.

C. Within thirty (30) days after receipt of the documents executed by the Contractor and certificates of insurance, the City shall complete the execution of the documents. Distribution of the completed documents will be made upon completion. Should either party require an extension of any of the time limits stated above, this shall be done only by mutual agreement between both parties.

22. NOTICE TO PROCEED

The Notice to Proceed is typically issued within ten (10) days of the execution of the Contract Agreement by The City.

23. TERMINATION FOR THE OWNER

A. Termination for cause. The Owner may terminate this agreement for cause upon ten (10) days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the Owner’s rights or remedies of law.

B. Termination for convenience. The Owner may terminate this agreement for its convenience at any time upon thirty (30) days written notice to the contractor. In the event of the City’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

C. Termination for the Contractor. The Contractor may terminate any contract arising out of this RFP for any reason upon thirty (30) days written notice to the Owner. The termination notice shall be deemed received three (3) days after placing the notice in the United States mail.

24. COMPLIANCE WITH LAWS AND REGULATIONS

This contract shall be governed by the laws of the State of Georgia.

A. The Contractor confirms that all applicable Federal, State and local laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The Contractor shall keep himself fully informed of all laws, ordinances, and regulations of the Federal, State, City and municipal governments or authorities in any manner affecting those engaged or employed in the work or the materials used in the work or in any way affecting the conduct of the work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall herewith report the same in writing to the Owner.

B. The Vendor at all times observe and comply with all such existing and future laws, ordinances and regulations, and shall protect and indemnify the City and its agents the violation of any such law, ordinance, regulation, order or decree, whether by the vendor or vendor’s employees or any subcontractor.

25. BUSINESS LICENSE

Contractors and subcontractors shall have a current Occupation Tax Certificate and shall furnish certificate and license numbers prior to entering into a contract with the Owner.

26. ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of the patent rights or copyrights held by others. He shall defend all suits or claims for infringement of any patent rights and shall hold harmless the Owner, its officers, employees, and agents from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular manufacturer, product, or process is specified by the Owner and properly installed by the Contractor pursuant to the manufacturer’s specifications.

27. PERMITS AND REGULATIONS

The Contractor shall obtain and pay for all construction permits, licenses, and easements of a temporary nature necessary for the execution of the work. The Contractor shall pay all governmental charges and inspection fees necessary for the execution of the work. The Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto. The Contractor shall comply with all municipal, County, State, and Federal laws, statutes, ordinances, rules, and regulations applicable to furnishing and performance of the work.

28. CONTRACTOR’S CLAIM

No claim for additional or other compensation beyond the fees shall be allowable unless the Contractor makes and continuously maintains written demand therefor within thirty (30) days of the occurrence of any event which given rise to such claim.

29. SUBCONTRACTING

No portion of the work shall be subcontracted without the prior written consent of the Owner. Consent will not be given except upon the basis of written statements containing such information as the Owner may require. If a portion of the work is approved for subcontracting, the contractor shall remain fully liable and responsible for the work to be done by the subcontractor(s) and shall assure compliance with all requirements of this contract.

30. GEORIGA SECURITY AND IMMIGRATION COMPLIANCE ACT

Pursuant to O.C.G.A. § 13-10-91 (Georgia Security and Immigration Compliance Act), every public employer, every contractor of a public employer, and every subcontractor of a public employer’s contractor must register and participate in a federal work authorization program. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees. No contractor or subcontractor shall enter into a contract or subcontract with a public employer in connection with the physical performance of services within this state unless such contractor or subcontractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees. Contractor acknowledges that the awarding of this contract is conditioned upon initial and ongoing compliance by the contractor and any subcontractor with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor; The requirements of O.C.G.A. § 13-10-91 pertaining to registering and participating in a federal work authorization program apply to public employers, their contractors, and subcontractors, as follows: On or after July 1, 2007, to contractors and subcontractors of 500 or more employees; On or after July 1, 2008, to contractors and subcontractors of 100 or more employees; and On or after July 1, 2009, to all other contractors or subcontractors. Contractor agrees that in the event it employs or contracts with any subcontractor(s) in connection with this contract, Contractor shall secure from the subcontractor(s) an indication of the employee-number category applicable to the subcontractor. Contractor agrees that its compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor shall be attested by execution of the Contractor Affidavit, which is attached hereto, and which shall be a part of this contract. Contractor agrees that, in the event it employs or contracts with any subcontractor(s) in connection with this contract, Contractor shall secure from the subcontractor(s) an attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor by the subcontractor’s execution of a Subcontractor Affidavit provided by the City of Brunswick. Contractor shall maintain records of such attestation for inspection by the City at any time. The Subcontractor Affidavit shall become a part of the contractor/subcontractor agreement.

31. HOLD HARMLESS AND INDEMNIFICATION

The Contractor agrees, insofar as it legally may, to indemnify and hold harmless the City of Brunswick, its officers, employees and agents from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments, whatsoever in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Contractor and Subcontractor, its officers, employees, and agents under any of the terms of this contract. In any and all claims against the City or any of their agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under the Worker's Compensation Acts, Disability Benefits Acts or other employee benefits acts.

32. CONTRACT TIME

It is anticipated that a contract, if awarded, will begin upon the issuance of a Notice to Proceed. The proposers submitted schedule will be the basis upon which the contract period will be formatted.

33. HOURS OF OPERATION

All installation services shall be performed during the hours of 8:00 AM and 5:00 PM, Monday – Friday (excluding City of Brunswick holidays). Should a need arise to perform work outside of standard business hours, the City of Brunswick will require a minimum 48 hours advance, written notice.

34. CHANGES IN CONTRACT

Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

A. Changes in the Work - The Owner may order changes within the statement of the work without invalidating the Contract Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be negotiated culminated by the issuance of a Contract amendment. The Purchasing Agent, also, may at any time, by issuing a Contract amendment, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Purchasing Agent unless the Contractor believes that such order entitles him to a change in the fee or time or both, in which event he shall give the Purchasing Agent written notice thereof within fifteen (15) days after the receipt of the Contract amendment, and the Contractor shall not execute such amendments pending the receipt of an executed Notice to Proceed instruction from the Owner. The Owner may, when changes are minor or when changes would result in relatively small changes in the Fee or Contract Time, elect to postpone the issuance of a Contract amendment until such time that a single amendment of substantial importance can be issued incorporating several changes. In such cases, the Owner shall indicate this intent in a written notice to the Contractor.

B. Changes in Fees - The Fee shall be changed only by a mutual agreement by the Contractor and the Owner transmitted as a Contract amendment. The value of any work covered by an amendment or of any claim for increase or decrease in the Fees shall be determined by one or more of the following methods in the order of precedence according to the following list:

1) By estimating the number of unit quantities of each part of the work which is changed and then multiplying the estimated number of such unit quantities by the fee Proposal for a unit quantity thereof.

2) The Owner shall fix the total lump sum value of the amendment in the work of the Contractor and shall set out the price which shall be added to or deducted from the Fees. The Contractor shall, when required by the Owner, furnish to the Owner an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered.

35. NOTICE AND SERVICE THEREOF

A. All Notices, demands, requests, instructions, approvals, and claims shall be in writing.

B. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor specified in the Proposal (or at such other office as the Contractor may from time to time designate to the City in writing), or emailed or if deposited in the United States Mail in a sealed, postage-prepaid envelope, or delivered, with charges prepaid, to any telegraph company for transmission, in each case addressed to such office.

C. All papers required to be delivered to the City shall, unless otherwise specified in writing to the Contractor, be delivered to the City Purchasing Agent, Brunswick, Georgia. Any notice to or demand upon the City shall be sufficiently given if delivered to the Office of said Purchasing Agent or if deposited in the United States Mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any company for transmission, in each case addressed to said Purchasing Agent or to such other representative of the City or to such other address as the City may subsequently specify in writing to the Contractor for such purposes.

D. Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post or at the time of actual receipt, as the case may be.

36. AUTHORITY OF PROJECT MANAGERS

The Project Manager or his representative shall act as the Owner's Practical Representative during the execution of this contract. The Project Manager or his representative shall decide questions which may arise as to quality and acceptability of services and products furnished and work performed. The Project Manager or his representative shall interpret the practical intent of the Contract Documents in a fair and unbiased manner. The Project Manager or his representative will make random inspections to determine if the services are proceeding in accordance with the Contracts Documents. The Project Manager or his representative shall judge as to the accuracy of quantities submitted by the Contractor in payment requests and the acceptability of the work which these quantities represent. The decisions of the Project Manager or his representative shall be final and conclusive and binding upon all parties to the Contract.

37. CONTRACTOR’S CLAIM

No claim for additional or other compensation beyond the fees shall be allowable unless the Contractor makes and continuously maintains written demand therefor within thirty (30) days of the occurrence of any event which given rise to such claim.

38. PAYMENTS AND COMPLETION

A. Breakdown of Cost. Before the first application for payment, the Contractor shall submit to the Contract Practical Representative a breakdown of fees for the various portions of the work, including quantities if required by the City Manager, aggregating the total Fee prepared in such form as specified or as the City Manager and the Contractor may agree upon and supported by such data to substantiate its correctness as the City Manager may reasonably require. This schedule, when approved by the City Manager, shall be used only as a basis for the Contractor's application for payment.

B. Certificate for Payments. If the Contractor has made application for payment as above, the Contract Practical Representative will validate the application for such amount as is determined to be properly due, or state in writing the itemized and specific reasons for withholding an application as provided herein. After the City Manager has validated the application for payment, the City shall pay to the Contractor, within thirty (30) days, the amount covering services or work performed or completed. No application for payment, nor any payment, shall constitute an acceptance of any work or service not in accordance with the Contract Documents.

C. Failure of Payment. If the Contract Practical Representative should fail to approve an application for payment, through no fault of the Contractor, within seven (7) days after receipt from the Contractor, or if the City should fail to pay the Contractor within thirty (30) days after receipt of the Contract Practical Representative ‘s approval for Payment, then the Contractor shall receive interest on the balance due with the interest being one percent (1%) per month not to exceed three (3) months (3%). The City reserves the right to reject the Administrator's certification of any application for payment by the Contractor without the accrual of interest.

D. Governing Document. All parties expressly agree that the provisions of the Georgia Prompt Pay Act, Title 13, Chapter 11, of the Official Code of Georgia Annotated, are superseded by the terms and conditions of this agreement.

39. GENERAL WARRANT AND GUARANTEE AGAINST DEFECTIVE WORK

The Contractor shall warrant and guarantee the work required under this contract for a period of no less than twelve months from the date of final acceptance. The Contractor warrants and guarantees to the Owner, that materials and equipment furnished under the contract shall be of good quality and new unless otherwise required or permitted by the contract documents, that all work will be in accordance with the contract documents, and that all work will be of good quality, free from faults and defects. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner or the Engineer/Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

The Contractor’s obligation to perform and complete the work in a workmanlike manner, free from faults and defects and in accordance with the contract documents shall be absolute. The Contractor shall remedy, at his own expense, and without additional cost to the Owner, all defects arising from either workmanship or materials, as determined by the Owner, or Owner’s representative. The obligations of the Contractor under this paragraph shall not include normal wear and tear under normal usage.

40. BONDS

Performance Bonds and Payment Bonds are not required in response to the RFP. Bonds will be required when the contract has been awarded. Successful contractor will be required to provide a one hundred percent (100%) payment and one hundred percent (100%) performance bond as well as an insurance certificate fulfilling requirements as stated in the bid documents. Surety and insurance companies must have an A.M. Best’s rating of B+ or greater, be listed in the Federal Registry of Companies holding Certificate of Authority and acceptable sureties on Federal Bonds, be licensed by the Georgia Insurance Department and the Georgia Secretary of State to do business in the State of Georgia. The bonds will be dated as of the same date as the notice to proceed date for any invocation of the contract and will be furnished to the Owner at the time the contract is invoked. All bonds must be submitted on forms provided by the City of Brunswick and agencies providing bonds and insurance should provide proof that they meet the criteria outlined in the bid and contract documents.

41. CONTRACTOR’S INSURANCE

A. Liability. The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them. Certificates of Insurance indicating that the successful proposer has obtained such coverage, shall be filed with the Owner prior to the commencement by the successful proposer of the services. Such certificates shall be in form and substance reasonably acceptable to the Owner, shall indicate that, except in respect to workers compensation insurance coverage and professional errors and omissions, Owner is an additional insured with respect to such coverage, and shall indicate that such coverage is primary and not contributory with any similar insurance purchased by the Owner. The certificates shall contain a provision that the insurer will endeavor, if allowed by the policy, to provide Owner with thirty (30) day notice of nonrenewal, cancellation, or termination of the coverage. If the successful proposer receives a nonrenewal, cancellation, or termination notice from an insurance carrier affording coverage required herein, the successful proposer agrees to notify Owner by email within two (2) business days with a copy of the nonrenewal, cancellation, or termination notice, or written specifications as to which coverage is no longer in compliance. Failure to comply with any of the provisions relating to insurance coverage herein shall be deemed a material breach if not cured. Certificates of such insurance shall be filed with the Owner. The contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

B. Indemnity. To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, satisfy all judgments, and hold harmless the City, the engineer, and their agents and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless whether such claim is caused in part by a party…