RFP 1026-040 Sanitary Sewer Evaluation Survey.docx

HAMILTON COUNTY, TENNESSEE

PROCUREMENT DEPARTMENT

REQUEST FOR PROPOSAL

FOR

Sanitary Sewer Evaluation Survey

RFP # 1026-040

RFP Issue Date: October 23, 2026 Responses Open: 2:30 PM (Eastern) on November 20, 2026

Table of Contents

OVERVIEW OF THE RFP AND THE OPPORTUNITY

A. Statement of Intent Hamilton County, Tennessee hereinafter referred to as “the County” is soliciting sealed proposals from contractors to conduct a Sanitary Sewer Evaluation Survey. Throughout this document the terms Proposer, Contractor, Company, Vendor, Firm or Bidder are used interchangeably and refer to any organization submitting a response to this request for proposal (RFP). The purpose of this RFP is to define the County’s minimum requirements and to gain adequate information from which the County can evaluate your company and your response to Hamilton County’s requirements.

B. Background The Hamilton County Water and Wastewater Treatment Authority (WWTA) is requesting proposals (RFP) from qualified firms for the purpose of selecting a company to supply contract regarding manhole inspections, cctv inspections, and smoke testing services as described in the RFP for the wastewater collection system within Red Bank Sewer Basins 1, 2, and 4 operated by the Hamilton County WWTA.

C. Description of Service Requested Conduct manhole inspections, cctv inspections, and smoke testing services of the sanitary sewer collection system in accordance with Appendix B - Sanitary Sewer Evaluation Survey Standard Specifications within Red Bank Sewer Basins 1, 2, and 4. As detailed in Appendix C - Red Bank 1,2,4 Map and Data Book, the sanitary sewer basins consist of 79,954 +/- linear feet of gravity sewers ranging possibly from four (4) inches to thirty (30) inches in diameter. The materials of construction are possibly PVC, brick, clay, and reinforced concrete. There are approximately 420 manholes that are of reinforced concrete and/or brick construction. Proposer shall provide a schedule for deliveries.

D. Vendor Qualifications Hamilton County is contacting prospective vendors who have an interest in or are known to do business relevant to this Request for Proposal meeting the following requirements:

· Must have at least five (5) years’ experience in this business

· Must have experience with National Association of Sewer Service Companies (NASSCO) PACP (Pipeline Assessment Certification Program), MACP (Manhole Assessment Certification Program), and LACP (Lateral Assessment Certification Program) coding

· Must have all relevant licenses and certifications (NASSCO, Federal, State, or local as applicable) required

· Must have sufficient, competent, and skilled staff, with experience in performing/providing the requested services

· Meet Mandatory Requirements as outlined in Section IV.A – IV.C

E. Contract Terms The successful proposer(s) will be required to enter into a contract with Hamilton County to satisfy the requirements of this RFP. Any Request for Proposal and the provider’s response to such, as amended between Hamilton County and the successful provider, will be included as part of the contract by reference. The County reserves the right to award this contract to a single proposer or to award multiple, separate contracts in the best interest of the County.

F. Evaluation and Award of Contract Hamilton County will evaluate proposals on their compliance with and responsiveness to the requirements described herein and will recommend the firm(s) to be selected, which in its opinion, is best suited to accomplish the required service for Hamilton County Government.

All proposals will be initially evaluated to determine whether:

· The proposal is complete, in the required format, and in compliance with all the requirements of the RFP.

· Proposers meet the Vendor Qualifications and Mandatory Requirements as outlined in Sections I.D, IV.A - IV.C of this RFP.

After the initial review, evaluations will not rely solely on price, but will also consider adherence to specifications, qualifications, service experience, flexibility, cost effectiveness, references and technical solution/services proposed in the final analysis to determine the proposal that, in the County’s opinion, best meets its needs.

The following point system will be used to evaluate proposals:

(Total of 100)

In order to receive full consideration, each proposal must offer comprehensive and thorough responses to all requests included in this RFP. Please pay particular attention to all instructions provided in Sections III – VI as well as the questions you are required to answer to receive consideration.

ANTICIPATED PROCUREMENT SCHEDULE

The following is an anticipated timetable for the procurement process. The County reserves the right to adjust the schedule, as it deems necessary. In the event significant adjustments are necessary, all affected parties will be notified. All times are for the Eastern Time Zone (ET).

PROPOSAL RESPONSE INSTRUCTIONS

All proposal responses must be submitted in accordance with the instructions provided in this RFP and in the standard format described below in order to facilitate comparison and evaluation. Failure to follow the format or to address an area adequately may cause the proposal to be deemed unresponsive and hence, removed from consideration at the County’s discretion. Any proposed deviations from the requested scope of services must be noted and fully explained. The information shall be prepared in a manner that is self-explanatory, complete and responsive to the request.

· The proposer must complete and deliver an original and one (1) hard copy of your proposal documents, including pricing. Additionally, a copy of your entire proposal package on flash drive in a PDF format must be included. Note: The flash drive must contain a single PDF file organized in the same order as the proposal binder – the flash drive must not contain separate PDF files for sections or pages. Large, audited financial statements however may be provided in a separate file from the proposal itself on the same flash drive. If required in the proposal response, any required Excel files must be returned with your proposal submission on a CD in Excel (not PDF) form for ease of analysis. In the event of discrepancy between the original proposal documents and the digital copy, the original signed document will take precedence.

· All RFP responses should be provided in three-ring binders with all attachments separated by marked tabs. Insert attachments directly behind the related section, not under separate cover.

· Proposers must respond to every subsection under Section IV. The proposal response must include a point-by-point response to the RFP in the order in which is it requested. Each question and its associated number, from Section IV, should be repeated and referenced in your typed response. Responses should be typed in bold, immediately following each question. If no specific information is required from the provider, “Understand and Comply” will be an acceptable response.

· The proposal must include an explanation of any exceptions to the stated requirements. Failure to indicate any exception will be interpreted as the proposer’s intent to comply with the requirements as written in the proposal documents.

· A sample of the County’s Pro Forma document has been included with this RFP (see Attachment 1). The Proposer to whom this contract is awarded will be required to sign a contract that is materially similar to the attached Pro Forma. Any exceptions to the County’s Pro Forma must be included with the proposal submission. Note that any proposed contract will be subject to review and negotiation and will be governed by the requirements of this RFP.

· Failure to follow the specified format to label the responses correctly or to address all of the subsections may, in the County’s sole discretion, result in the rejection of the Proposal.

· This RFP document is provided in both PDF and in MS Word/Excel for ease in providing your response. Note however that responses must be received in hard copy in appropriately labeled and sealed envelopes (see Section V.D).

PROPOSAL RESPONSE REQUIREMENTS

All proposals must include information in the order as specified below. If a proposal fails to detail and address each of these required topics, the County may determine the proposal to be nonresponsive and reject it. Use separate tabs for each section indicated below and incorporate question numbers and the actual requirement questions/statement in your response. All RFP submissions should follow the format outlined below.

A. Proposal Transmittal Letter The Proposer must provide a written transmittal and offer of the proposal in the form of a standard business letter signed by an individual having the authority to bind your organization. The Proposal Transmittal Letter shall reference and respond to the following subsections in sequence and attach corresponding documentation as required.

The requirements of the Proposal Transmittal Letter section of the proposal are mandatory. Any proposal which does not meet the requirements and provide all required documentation may be considered nonresponsive, and the proposal may be rejected.

1. Proposal Validity: The letter shall state that the proposal remains valid for at least one hundred and twenty (120) days subsequent to the date of the proposal opening and thereafter in accordance with any resulting contract between the Proposer and the County. Note: Proposal validity may be extended by mutual agreement of both parties.

2. Mandatory Requirements: Include an itemized statement indicating whether or not you meet all mandatory requirements as outlined in Sections IV.B and IV.C below, if awarded.

3. Intent to Comply with RFP Provisions: The letter shall indicate written confirmation that the Proposer shall comply with all of the provisions in this RFP. Note: If the Proposal fails to provide said confirmation without exception or qualification, the County, in its sole discretion, may determine the proposal to be a non-responsive counteroffer, and the proposal may be rejected.

4. General Provisions: The letter must state your agreement with each item outlined in the general provisions in Section VI. If you do not agree to any specific item, your letter must state the exception at time of proposal. If no exceptions are taken at the time of proposal submission, Hamilton County assumes that you agree to all items. Note: If the Proposal fails to provide said confirmation without exception or qualification at the time of the initial submission, and at a later time raises objection, the County, in its sole discretion, may determine the proposal to be non-responsive, and the proposal may be rejected.

5. Certificate of Compliance: The letter must reference and include the completed and signed Certificate of Compliance (see Appendix A).

6. Authorization to Bind: The letter must reference and include the completed and executed copy of the Authorization to Bind form (see Appendix A), signed by the appropriate individual in your organization.

B. Mandatory Requirements -- Insurance Prior to execution of the contract, the proposer shall procure and maintain at their own expense, the following insurance against claims for injuries or damages to property or other claims which may arise from or in connection with the performance of the work or services provided hereunder by proposer, their sub agents, representatives, employees or subcontractors. Note however that coverage requirements are subject to change as business needs dictate. The successful firm shall maintain throughout the contract period the following minimal insurance coverages:

1. Commercial General Liability Insurance: $2,000,000 per occurrence for property damage and bodily injury covering the operation of employees and agents for the contracted operations as well as civil rights claims. The proposer should indicate in its proposal whether the coverage is provided on a claims-made or (preferably) on an occurrence basis. The insurance shall include coverage for the following:

a. Premise/Operations

b. Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

c. Products/Completed Operations

d. Contractual

e. Independent Contractors

f. Broad Form Property Coverage

g. Personal Injury

2. Business Auto Liability: $1,000,000 limit per accident for property damage and personal injury:

a. Owned/Leased Autos

b. Non-owned Autos

c. Hired Auto

3. Workers’ Compensation and Employers’ Liability: Workers’ Compensation statutory limits as required by Tennessee as applicable to the operations of the proposer(s). This policy should include Employers’ Liability coverage for $1,000,000 per incident.

4. Professional Liability: $1,000,000 per occurrence

5. Errors and Omissions: $1,000,000 per occurrence

Hamilton County, TN and the WWTA shall be listed as an additional insured on the above required liability insurance policies. A signed certificate of insurance shall evidence all policies and coverage shall not be cancelled without a minimum of thirty (30) days cancellation notice to the Hamilton County Risk Management Office. All coverage shall be placed with Tennessee admitted insurers rated B+10 or better by A.M. Best’s rating service or as approved by Hamilton County’s Risk Manager.

Provide a valid Certificate of Insurance that is verified and dated within the last 6 months at the time of proposal submission.

Updated Proof of Insurance must be provided before a contract is executed with the successful proposer for this RFP and updated as necessary. For listing purposes after the award, the successful proposer should use the following as to the additional insured:

Hamilton County, TN Attn: Procurement Department 455 N. Highland Park Avenue Chattanooga, TN 37404 C. Mandatory Requirements -- Other The Proposer must provide written confirmation that they meet the following other specified mandatory requirements, as well as any others designated by the use of the words “shall” or “must” throughout this RFP. This includes all requirements outlined throughout this entire document, not just this section. Please note that the apparent successful proposer may be required to substantiate its claim to meet any/all of these mandatory requirements to Hamilton County’s complete satisfaction before a contract for services is awarded.

1. The successful proposer must have a minimum of (5) years’ experience in the provision of goods and services requested in this RFP.

2. The successful proposer must be knowledgeable in and comply with all federal, state, and local laws and regulations governing this RFP and the services requested herein.

3. Proposers must submit a list of all subcontractors proposed for portions of the work fully describing the extent and nature of the work they will perform. Should the proposer subcontract portions of the work to be performed, the proposer shall retain full responsibility for all work and compliance with all General Provisions.

4. Any Contract resulting from this RFP shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by the County.

a. The Contractor shall be directly responsible for any subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job.

b. Contractor must assure subcontractors abide by all terms and conditions under this Contract.

c. If subcontractors are to be used, the Contractor must clearly explain their participation at the time of each request.

d. In the event of substantial or material changes in ownership of the company, the contract may not be automatically assigned without prior written approval by the County.

5. Proposers must include a statement indicating whether the Proposer or any people that may perform work under the contract through the Proposer have a possible conflict of interest (e.g., employment by Hamilton County, etc.) and, if so, the nature of that conflict. The County has the right to reject a Proposal in which a conflict is disclosed or cancel the Contract if any interest is later discovered that could give the appearance of a conflict of interest or cause speculation as to the objectivity of the proposer.

D. Executive Summary The proposal must include a brief overview (maximum of 3 to 5 pages) of your proposal, summarizing your capabilities and offering, pointing out any features that differentiate your service offering. This Executive Summary should provide an overview of your plans and approach for accomplishing the work requested which should be detailed as required in each section of this document. The information provided shall be in enough detail to enable the County to ascertain the Proposer's understanding of the effort to be accomplished and should outline the steps in the total service proposed.

E. Requirements and Proposal Responses are required for each item in this section in the same order that the questions are asked. Please describe your proposed solution for each requirement. If no specific information is to be provided, a response of “Understand and Comply” should be utilized for each. If you cannot meet or comply with any item, please include an explanation as to your exception or alternative. Any proposal not complying with this requirement may be considered to be non-responsive and disqualified at the sole discretion of the County.

Include an appropriate level of detail in your response so as to give the County sufficient information to understand your experience in managing a project/service of this type and your proposed approach to this RFP. Add additional information to the end of our required sections/questions as appropriate to fully convey your value proposition.

1. Scope of Work and Requirements The Proposer shall provide all labor, benefits, equipment, materials, insurance, transportation, and other related services required in connection with providing Close Circuit TV Inspection of Existing Underground Sewer Pipelines, Smoke Testing of Underground Sewer Pipelines, and Inspection of Sanitary Sewer Manholes in accordance with Appendices B and C. Proposer shall provide a schedule for deliveries. Schedule shall be submitted with consideration for normal weather conditions for the area. Historical weather data is available at weather.gov.

2. Proposed Approach All of the services provided by the Proposer shall be completed in a good and workmanlike manner. All services provided by the Proposer shall be in compliance with all applicable statutes, rules, ordinances and regulations of, but not limited to, the USEPA, TDOT, OSHA and any similar federal, state, and local laws or regulations applicable to the Proposer or to the services described herein. The Proposer's personnel shall comply with all WWTA work rules and regulations.

3. Reporting Requirements The Proposer shall be responsible for providing all equipment and materials necessary to perform the work specified. The proposer warrants that all inspection data, digital video recordings, National Association of Sewer Service Companies (NASSCO) PACP/MACP/LACP coding, and Geographic Information System (GIS) formatting will be accurate and fully compliant with the technical specifications outlined in this RFP. Any errors, omissions, or coding discrepancies discovered will be corrected by the Proposer. The Proposer shall prepare and submit all deliverables in accordance with the appended Sanitary Sewer Evaluation Survey Standard Specifications.

4. Previous Experience with Similar Projects

a) The Proposer shall demonstrate qualifications by providing references and samples from a minimum of three (3) sanitary sewer evaluation survey projects where the provider has conducted mainline CCTV, smoke testing, and manhole inspections of a sanitary sewer system, preferably of similar or greater size and magnitude of the WWTA's project.

b) For each project submitted as a reference, the Proposer shall list the total linear footage of CCTV pipe inspections, total linear footage of main lines smoke tested, total number of manholes inspected, total vertical footage of manholes inspected, and the year the contract began and the current status (active, partially active, or inactive).

c) The Proposer's references shall consist of names, titles, addresses, and telephone numbers of individuals who have direct knowledge of how the Proposer performed the services of mainline CCTV, smoke testing, and manhole inspections. The WWTA will verify each of the references for each project.

F. Proposer Business Qualifications and Experience Responses are required for each item in this section in the same order that the questions are asked. Please describe your proposed solution for each requirement. If no specific information is to be provided, a response of “Understand and Comply” should be utilized for each. If you cannot meet or comply with any item, please include an explanation as to your exception or alternative. Any proposal not complying with this requirement may be considered to be non-responsive and disqualified at the sole discretion of the County.

Include an appropriate level of detail in your response so as to give the County sufficient information to understand your experience in managing a project/service of this type as well as the qualifications of your firm and your staff and your proposed approach to this RFP. Add additional information to the end of our required sections/questions as appropriate to fully convey your value proposition.

1. Please provide a detailed description of how the services you propose to provide meet the requirements as outlined in this RFP, as well as any other information necessary to fully evaluate your service proposal and your firm’s capabilities.

2. Provide the name, title, address, phone number and email address of the contact person that the County should use for questions and clarifications concerning the proposal.

3. Describe your form of business (i.e. individual, sole proprietor, corporation, non-profit corporation, partnership, limited-liability, etc.) and business location (physical location and state of domicile).

4. The selected firm must have and demonstrate the required years of experience in the business solicited by the RFP as indicated in Section I.D. Provide a general description of your business including information regarding the length of time your firm has been providing such services to clients. Describe your experience and results in delivering this kind of service.

5. Please provide information regarding the number, type, and location of clients for whom you currently provide the specified service.

6. Provide a list and description of any awards, recognition, special training, certifications, licenses, etc. your firm and /or your employees have received in the last five (5) years relative to the services required herein.

7. Provide audited financial statements from the two (2) most recent fiscal years. Note that privately held corporations may substitute a current bank reference and two (2) credit references or positive credit rating from an accredited credit bureau within the last six (6) months as substantiation for financial stability.

8. Describe your firm’s organizational structure, including the names and location of all key personnel and services (servicing offices) associated with the services relating to this RFP. Provide a brief description of each person’s experience.

9. Provide a personnel roster listing the names of key people who the Proposer will assign to perform duties and services required by this RFP. Follow the personnel roster with the resume for each of the people listed, including title, training, experience, qualifications and employment history in providing the services as described above. Attach copies of any applicable certifications.

10. Provider must designate an assigned primary account representative to manage the program for the County. Please provide the name, title, office location, experience, and contact information for your proposed account manager.

11. Please include references from three (3) to five (5) current clients who have utilized your services for this type of service for at least two (2) years. The accounts should be of similar size and type of service as requested in this proposal. Contact information should include company name, contact name, contact title, phone number and email address.

12. Provide details as to whether there have been any mergers, acquisitions and sales of your company within the last five (5) years. If there have been, provide an explanation of relevant details.

13. Provide a statement of whether there is any material, pending litigation against the Proposer that the Proposer should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFP or is likely to have a material impact on the Proposer’s financial condition. If such exists, list each separately, explain the relevant details and attach the opinion of counsel addressing whether and to what extent it would impair the Proposer’s performance in a contract pursuant to the RFP.

14. Provide information regarding any citations or investigations by any Federal, State or Local regulatory body. Identify the regulatory body, specific charge, and disposition of the situation and date of the occurrence.

NOTE regarding 13 & 14: All persons, agencies, firms or other entities that provide legal opinions regarding the Proposer must be properly licensed to render such opinions. The County may require the Proposer to submit proof of such licensure details the state of licensure and licensure number for each person or entity that renders such opinions.

G. Financial Proposal

1. Pricing Provide a complete description of your pricing proposal in sufficient detail for the County to fully understand the pricing, the fee structure, and the rationale behind any option proposed.

Include a detailed, itemized price for your proposal, separating the various components as appropriate. Include a detailed line-item description including unit pricing where necessary and applicable. Any proposed professional services should also be itemized in detail and priced separately. Any training costs should be detailed separately. Any travel costs associated with implementation and delivery must be detailed in the proposal. If on-going maintenance is priced separately from the system itself, it must be identified, itemized and fully explained. If different pricing options are available based on different timeframes, please include alternative and fully explain.

2. Terms Provide a description on the schedule of payment you propose relative to the services described herein. Payment terms must be clearly stated in your proposal response. Payment terms should be structured using a milestone-based payment schedule. The schedule should start with contract signing, following a logical progression of project delivery and installation. Please note that no payments will be made for any aspect of the project until the Hamilton County quality assurance process has been completed and scan quality has been signed off on.

RFP PROCEDURES AND GUIDELINES

A. RFP Number The County has assigned the following identification number and title to this document. This number and title should be referenced in all communications regarding the RFP:

RFP # 1026-040: Sanitary Sewer Evaluation Survey

B. Point of Contact This RFP is issued by the Procurement Department of Hamilton County, Tennessee. The primary point of contact for this RFP shall be:

Stacey Lewis, RFP Coordinator Hamilton County Procurement Department

Important Note: Failure to restrict contact/discussion regarding this RFP to the above-named RFP Coordinator or the Director of Procurement prior to the proposal opening will be deemed a serious breach of process and, at the County’s sole discretion, may result in disqualifying the violating party’s firm from further consideration.

C. Interpretation and Clarification Proposers should carefully review this RFP and any attachments for comments, questions, or any other matter requiring clarification or correction. No oral interpretation or clarification will be made to any firm or any individual as to the meaning of the RFP document prior to the opening date. Requests for interpretation or clarification shall be made in writing via email and submitted to the RFP Coordinator as specified in Section II – Anticipated Procurement Schedule. As indicated in Section II, the County will respond in writing to all clarification requests. Any addenda will become a part of these RFP requirements. All parties who have obtained a copy of the RFP document will be on the distribution list for any such written responses and/or addenda issued by the County.

Any information provided by Hamilton County or any vendor prior to the release of this RFP, verbally or in writing, is considered preliminary and is not binding on Hamilton County or the vendor.

Vendors must not make available nor discuss any cost information contained in the proposal to or with any employee of Hamilton County from the date of issuance of this RFP until the contract award has been announced, unless allowed by the issuing office for the purpose of clarification or evaluation.

D. Submission of Proposals The proposer must complete and deliver the required number of response documents (hard copy and digital) in a sealed envelope before the time specified in Section II above to the Hamilton County Procurement Department at the address specified below. In the event of discrepancy between the original hard copy response document and the digital copy, the original, signed document will take precedence.

DELIVERY ADDRESS FOR ALL PROPOSALS:

Please note that receipt of the proposal submission by the United States Postal Service, common carrier delivery service (e.g., FedEx, UPS, etc.) the County mail system or any other Department other than Procurement does not constitute receipt of a submission by the Procurement Department. All proposals must be received in the Procurement Department by the specified deadline.

Stacey Lewis, RFP Coordinator RFP # 1026-040: Sanitary Sewer Evaluation Survey from {insert your company name here} Hamilton County Procurement Department 455 N. Highland Park Avenue Chattanooga, TN 37404

The proposer shall clearly label its sealed response envelope as specified above. If the response envelope is enclosed in another envelope/package for delivery, the latter should also be clearly labeled with the same identifying information.

It is the sole responsibility of the proposer to ensure that its response is delivered on or before the date, prior to the specified RFP opening time, and at the place indicated by this document. All proposals must be “time-stamped” as received prior to the specified opening time. Any proposal submitted at or after the moment designated for the opening will be deemed to be late and will not be accepted or opened. The clock-in time will be determined by a clock maintained by the Hamilton County Procurement Department. No other clock or timepiece will have any bearing on the time of proposal receipt.

Be aware that Requests for Proposals are not opened and read publicly.

GENERAL PROVISIONS

The following general provisions shall govern the procurement process for Hamilton County as well as any contract that may result from this procurement process.

A. Proposal Amendment and Rules for Withdrawal A proposal may be withdrawn prior to the response due date by submitting a written request for its withdrawal to the County, signed by the submitter and delivered to Hamilton County Director of Procurement. A withdrawn proposal may be resubmitted up to the time designated for the receipt of proposals provided that it then fully conforms to the RFP requirements.

The County shall not accept any amendments, revisions, or alterations to proposals after the deadline for proposal submittal unless the County requests such in writing.

B. Duty to Inquire By submitting a proposal, the Proposer represents that it has read and understands the Solicitation and that its proposal is made in compliance with the Solicitation. Proposers are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Proposer’s risk. Proposer assumes responsibility for any patent ambiguity in the Solicitation that it does not bring to the County’s attention, in writing, immediately upon receipt of the Solicitation.

Exceptions If the Proposer cannot accept Hamilton County’s requirements, then they shall raise their exceptions in writing to the Procurement Official, as specified in Interpretation and Clarifications provision above, and the Procurement Official will attempt to address them in the form of an addendum to the RFP. If the Proposer’s concerns are not adequately addressed by the Procurement Official, Proposers shall include any unresolved exceptions in their proposal response. Proposers are cautioned that if Hamilton County is unable to accept the exceptions, as stated, the Proposal may be subject to rejection.

C. Severability If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected. The rights and obligations of the County and Proposers shall then be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

D. No Liability for Costs Hamilton County is not responsible for costs or damages incurred by Bidders, Proposers, Teams, Team Members, subcontractors, or other interested parties in connection with the solicitation process, including but not limited to costs associated with preparing responses, qualifications, and proposals and of participating in any conferences, oral presentations, or negotiations.

E. Proposal Errors and Incorrect Information Proposers are liable for all errors or omissions contained in their proposal. Proposers shall not be allowed to alter proposal documents after the deadline for submitting a proposal.

If the County determines that a Proposer has provided, for consideration in the evaluation process or contract negotiations, incorrect information that the Proposer knew or should have known was materially incorrect, that proposal may, at the County’s sole discretion, be determined non-responsive and be rejected.

F. Acceptance of Submissions All properly submitted proposals shall be accepted for evaluation. However, the County reserves the right, in its sole discretion, to wave any informality, request clarifications or corrections to proposals, reject any or all proposals received, cancel or withdraw this RFP, according to the best interests of the County.

Where the County may waive variances, such waiver shall not modify other RFP requirements or excuse the proposer from full compliance with the remainder of RFP specifications and other contract requirements if the proposer is awarded a contract.

G. Mandatory Requirements Mandated requirements, if indicated, are those required by law or such that they cannot be waived and are not subject to negotiation. In addition to any sections of the document specifying Mandatory Requirements, any use of the terms “shall” or “must” throughout the document also indicates that items are mandatory. Proposals deemed to be non-responsive to these or other requirements may be disqualified at the sole discretion of the County.

H. Proposal of Alternate and/or Additional Services In order to receive consideration, Proposers must respond to the specific requirements as stated in this RFP. Proposals that solely offer something different from that requested by the RFP shall be considered non-responsive and rejected.

While Proposers may submit an offer of services in addition to those required by and described in this RFP, evaluation will be done on the requirements specified by the County. Any additional services may be negotiated and added to the contract before contract signing at the sole discretion of the County.

I. Discussions and the Right to Negotiate After proposals are opened, discussions may be conducted with the service providers which have submitted proposals determined to be reasonably likely of being considered for selection, to assure a full understanding of, and responsiveness to, the RFP requirements. Every effort shall be afforded to assure fair and equal treatment with respect to the opportunity for discussion of their respective proposals.

The County reserves the right to further negotiate, after proposals are opened, with the apparent best-evaluated proposer(s), if such is deemed necessary in the discretion of the County. This includes, but is not limited to, the right to schedule face-to-face meetings with any and all respondents, both to confirm qualifications and to be introduced to the facilities and personnel that will service the County’s account if you are the proposer chosen. The County also reserves the right to request clarification of information submitted from one or more proposers. Vendors may be requested to submit a best and final offer after evaluations, discussions, oral presentations and/or site visits have been completed.

The apparent best-evaluated Proposer(s) shall be prepared to enter into a contract with the County which the proposer shall draft. Notwithstanding, the County reserves the right to add terms and conditions, deemed to be in the best interest of the County, during final contract negotiations. Any such terms and conditions shall be within the scope of the RFP and shall not affect the basis of proposal evaluations.

J. Proposer Presentations / Interviews / Site Visits / Demonstrations Presentations, interviews, demonstrations, and/or site visits may be required as a part of the evaluation process. Providers will receive adequate notification to prepare. Information provided during these events shall be taken into consideration when evaluating the stated criteria.

Vendors may be requested to submit a best and final offer after evaluations, discussions, oral presentations and site visits have been completed.

K. Right of Rejection Any proposal received that does not meet the requirements of this RFP may be considered to be non-responsive, and the proposal may be rejected. Proposers must comply with all of the terms of this RFP and all applicable state laws and regulations.

Proposers may not restrict the rights of the County or otherwise qualify their proposals. If a Proposer does so, the County may determine the proposal to be a non-responsive counteroffer, and the proposal may be rejected.

L. Disclosure of Proposal Content All proposals and other materials accepted in response to this RFP become the property of Hamilton County, Tennessee. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed budget information, shall be held in confidence during the evaluation process. Only upon the completion of the evaluation of proposals and the submission of a recommendation to the County Mayor and/or Board of Commissioners shall the proposals and associated materials be open for review.

Be aware that materials submitted by respondents are subject to public inspection under the Tennessee Open Records Act unless exempt. Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded. By submitting a proposal, the proposer acknowledges and accepts that the full contents of the proposal and any associated documents shall become open to inspection.

M. Independent Price Determination A proposal shall be disqualified and rejected by the County if the pricing data in the proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Proposer, a County employee, or any competitor.

Should any such prohibited action stated above or in any other section of this document be detected any time during the term of the negotiation and / or contract, such action shall be considered a material breach and grounds for disqualification or contract termination.

N. Iran Divestment Act By submission of a bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to T.C.A. §12-12-106.

O. Non-Boycott of Israel Act By submission of a bid/quote/proposal, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid/quote/proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each supplier is not boycotting Israel pursuant to T.C.A. § 12-4-1 and will not during the term of any award.

P. TN Department of Revenue Requirements Before the Contract resulting from this RFP is signed, the apparent successful Proposer must be registered with the Department of Revenue for the collection of Tennessee sales and use tax. The County shall not approve a contract unless the Proposer provides proof of such registration. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation.

Q. Other Terms and Conditions

i. Under no circumstances will proposals be accepted if submitted by fax or e-mail.

ii. All addenda must be acknowledged in writing in the proposal submitted by the submitter.

iii. No sales, use or federal excise taxes should be included in your pricing.

iv. The Proposer agrees to provide the County with any additional information it deems necessary to accurately determine their ability to perform the services proposed. Furthermore, submission of this proposal constitutes permission by this vendor for the County to verify all information contained in the proposal. Failure to comply with any request for additional information may disqualify the vendor from further consideration. Such additional information may include evidence of financial ability to perform.

v. In the event of substantial or material changes in ownership of the company, the contract may not be automatically assigned without prior written approval by the County.

R. Contract for Services The following general provisions, as well as any others specifically developed and agreed to by the affected parties in subsequent procurement steps, may apply to any contract resulting from this procurement process.

i. Contract Approval The RFP and the provider selection processes do not obligate the County and does not create rights, interests, or claims of entitlement in the apparent best-evaluated Proposer or any vendor. A legally binding contract shall be established only after the contract is signed by the provider, the head of the procuring County agency and/or the County Mayor or other County officials as authorized by applicable state and local laws and regulations.

ii. RFQ, RFP, and Proposal Incorporated into Final Contract Any Request for Qualifications and/or Request for Proposal and the provider’s response to such, as amended between Hamilton County and the successful provider, will be included as a part of the contract by reference. It should be understood that in the event of a discrepancy or ambiguity regarding the Proposer’s duties, responsibilities and performance under this contract, these documents shall govern in the following order of precedence: Request For Qualifications and/or Request for Proposal and associated amendments, the Proposal/Bid Response and any amendments, technical specifications, clarifications and addenda made to the Proposal/Bid response, the Contract and its attachments.

iii. Grant Funded Purchases For purchases that are grant funded, the Grant Agreement may contain / require special terms and conditions. If there is a conflict between the terms and conditions of the Grant Agreement and the General Terms and Conditions of the Bid or RFP, the Grant Agreement Terms and Conditions shall prevail.

iv. Contract Payments Contract payments shall be made in accordance with the Payment Terms and Conditions Section of the final contract. No payments shall be made to a Contractor until the contract is established as required by state laws and regulations. Further, the County shall not be liable for work performed, services rendered or materials purchased and/or provided before the contract is established as required by applicable state laws and the Procurement Rules of Hamilton County.

v. Hold Harmless The Proposer shall indemnify, hold harmless and pay all costs of defense and damages for Hamilton County and WWTA, its agents and employees, against any and all liability damage, loss, claims, including Civil Rights Claims, and expenses which may accrue and be sustained by or threatened against the County or its Commissioners, agents and employees on account of any claim, suit or action made or brought against the County, its agents, Commissioners, or employees for the death of or injury to any person or property, and/or for damages to any and all persons or property arising in whole or in part from any and all acts or omissions, whether negligent or otherwise, of the Contractor, the officers, agents, employees, authorized persons of Contractor and those on the premises with Contractor’s permission or for whose acts the County may be liable.

It is hereby agreed by the County and Vendor and subcontractors that this provision is intended to and does indemnify and hold harmless the county against any liability caused by or resulting from the acts of the Vendor and subcontractors, its employees, officers, students or anyone for whose acts the Vendor may be liable.

vi. Right to Audit During all phases of the work and services to be provided hereunder the Provider agrees to permit duly authorized agents and employees of the County to enter the Provider's offices for the purpose of inspections, reviews and audits during normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places. The Provider will maintain all books, documents, papers, accounting records, and other evidence pertaining to the fee paid/charged under this Contract and make such materials available at their offices at all reasonable times during the period of this Contract and for three (3) years from the date of payment under this Contract for inspection by the County or by any other governmental entity or agency participating in the funding of this Contract, or any authorized agents thereof; copies of said records to be furnished if requested.

vii. Assignment and Subcontracting Subcontracting will not be allowed for any services in this RFP without prior written authorization by the County. Proposals are to be submitted with any subcontracted work clearly identified. The County reserves the right to approve each subcontracting party both before and after award of the contract. Hamilton County will consider the qualifications of all subcontractors in the evaluation of any proposal. Hamilton County reserves the right to reject any subcontractor proposed for work on this project. The Proposer must agree to replace a subcontractor at any time during the terms of the contract at the sole discretion of Hamilton County. Proposers are solely responsible for the work of any subcontractors and for their adherence to the terms and conditions of the contract. Proposers shall include each of its subcontractors as insured under the policies of insurance required herein or ensure that their subcontractors meet the minimum requirements for insurance specified herein.

Neither the service provider nor Hamilton County may assign any resulting contract without the prior written consent of the other party.

viii. Right to Refuse Personnel The County reserves the right to refuse, in its sole discretion, any subcontractors or any personnel provided by the prime contractor or its subcontractors at any point throughout the contract.

ix. Nondiscrimination No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the Contractor on the grounds of disability, age, race, color, religion, sex, national origin or any other classification protected by federal,…