1240105_SUPPLIER.pdf

IFB/CON/DWM/2310-1240105 Cold Mix Asphalt

10/24/23 8:06 AM

INVITATION FOR BID

IFB/CON/DWM/2310-1240105 Cold Mix Asphalt

Mikita K. Browning Commissioner

Department of Watershed Management

Jaideep Majumdar Chief Procurement Officer

Department of Procurement

10/24/23 8:06 AM

PROJECT OVERVIEW

• Goods Being Procured: Cold Mix Asphalt

• Using Department: Department of Watershed Management

("DWM")

• Contract Term: 3-years, with two (2), one (1) year renewals

• Pre-Bid Conference: N/A

• Deadline to Submit Questions in Writing: Friday, October 27, 2023 @2PM, ET

• Bid Deadline: Tuesday November 7, 2023 @2PM, ET

• City's Contact Person: Rosalyn Roberts:

roroberts@atlantaga.gov 404-586-6401

Ver. 8.25.23

Table of Contents

1 Requirements

1.0.1 Section 1. Information and Instructions to Bidders

1.0.2 Section 2. Special Conditions

1.0.3 Section 3. Required Submittal Forms

1.0.4 Section 4. Scope and Classification

2 Lines

2.1 Line Information

2.2 Line Details

2.2. Line 1

2.2. Line 2

2.2. Line 3

2.2. Line 4

2.2. Line 5

2.2. Line 6

3 Appendix: Alternate Lines

3.1 Instructions for Alternate Lines

3.2 Alternate Lines Template

1 Requirements *Response is required

1.1 Section 1. Information and Instructions to Bidders

*1.

Instructions to Bidders - Commodities

1. Supplies Being Procured: This Invitation for Bids ("IFB") by the City of Atlanta ("City") seeks to procure supplies ("Supplies") from qualified bidder(s) ("Bidder" or "Bidders") as detailed in this IFB.

2. Method of Source Selection: This IFB is being conducted in accordance with applicable provisions of the Constitution of the State of Georgia and the City of Atlanta Code of Ordinances ("Code"), which are incorporated into this IFB by reference. In particular, the method of source selection for the Supplies sought will be conducted in accordance with Code Section 2-1188, "Competitive Sealed Bidding." By submitting a bid in response to this IFB, Bidder acknowledges that it is familiar with all laws and ordinances applicable to this IFB and any resulting procurement, including, but not limited to, Article X of the Code.

3. No Offer by City; Firm Offer by Bidder: This IFB does not constitute an offer by City to enter into a contract and cannot be accepted by any Bidder to form an agreement. This IFB is only an invitation for offers from interested Bidders and no offer made by a Bidder shall bind City. A Bidder's offer is a firm offer and may not be withdrawn except under the rules specified in Code Section 2-1188 or other applicable law.

4. Local Preference Program: The City's Local Bidder Preference Program, as set forth in Code Section 2-1181.1, is applicable to this IFB. To be certified as a local Bidder for this IFB, Bidder must submit a completed and signed application for local bidder certification with all supporting documents to the City's Department of Procurement no later than thirty (30) days prior to the bid deadline specified in the Project Overview.

5. Bid Deadline: All responses to this IFB must be received by the City's Department of Procurement no later than 2:00 p.m. Eastern Time on the date specified in the Project Overview. Any bid received after this time will not be accepted by the electronic procurement system and will not be considered.

6. Pre-Bid Conference: Each Bidder is highly encouraged to attend the scheduled

10/24/23 8:06 AM

Pre-Bid Conference. Each Bidder must be fully informed regarding all existing and expected conditions and matters which might affect the cost and/or availability of the Supplies. Any failure to fully investigate the specifications and/or project requirements shall not relieve any Bidder from responsibility for properly estimating the difficulty or costs of successfully furnishing the Supplies. If applicable, a site tour may be scheduled following the Pre-Bid Conference. Please see the Project Overview for additional information.

7. Bid Guarantee:

7.1. Each Bidder is required to furnish a bid guarantee in the amount of five percent (5%) of its total bid amount. A Bidder offering alternative bids must provide a bid guarantee for the largest total bid amount. The bid guarantee shall be in the form of a bid bond attached to this IFB as Form 3.

7.2. Each Bidder is required to submit Form 3, bid bond with their electronic submission.

7.3. Any surety executing a bid bond must meet the requirements set forth in the Insurance and Bonding Requirements section of this IFB.

7.4. Attorneys-in-fact who sign bid bonds must file with the bond a certified and effectively dated copy of their power of attorney.

7.5. Each Bidder agrees that, if it is awarded a contract pursuant to this IFB and fails to provide all required documentation to complete the transaction within ten

(10) days of the award, City will retain the bid guarantee as liquidated damages and not as a penalty.

7.6.Unsuccessful Bidders shall be entitled to the return on the bond.

8. Procurement Questions; Prohibited Contacts: Any questions regarding this IFB should be submitted, in writing, to the City's contact person designated in the Project Overview on or before the date specified. Questions received after the date specified will not be considered. Any response made by City will be provided, in writing, to all Bidders via an addendum to this IFB. It is the responsibility of each Bidder to obtain a copy of any addendum issued for this IFB by monitoring the City's website at: www.

atlantaga.gov. No Bidder may rely on any verbal response to any question concerning this IFB. All Bidders, and representatives of any Bidder, are strictly prohibited from contacting any other City employee or any third-party representative of the City on any matter related to this IFB. All communications by any Bidder concerning this IFB must be made to the City's contact person, or other City representative(s) as designated, in writing, by the Chief Procurement Officer.

9. Ownership of Bids: Each bid submitted to City will become the property of City, without compensation to a Bidder, for City's use, in its discretion.

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

11. Special Rules Applicable to Evaluation of Bids:

11.1. All extensions of the unit prices furnished in a bid and the subsequent addition of extended amounts may be verified by City. In the event of a discrepancy between the unit price bid and the extension, the unit price will be deemed intended by the Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the bid total, the sum of the extended amounts shall govern.

11.2. A Bidder may be required to submit, in writing, the addresses of any proposed subcontractors or equipment manufacturers listed on the bid and to submit other material information relative to such proposed subcontractors or equipment manufacturers. City reserves the right to disapprove any proposed subcontractors or equipment manufacturers whose technical or financial ability, resources, or experience are deemed inadequate.

11.3. City reserves the right to reject any bid in which the prices appear to be unbalanced. Where only a single responsible and responsive bid is received, City may, in its sole discretion, elect to conduct a price or cost analysis of the bid.

Such Bidder shall cooperate with such analysis and provide supplemental information as may be required. The determination of whether to enter into a contract with such Bidder shall be solely within City's discretion and not dependent upon performance of a price or cost analysis.

11.4. Each Bidder must hold the prices in its bid, as well as the total bid, for the term of the contract.

11.5. By submitting a bid, each Bidder agrees to comply with the pricing requirements set forth herein.

12. Disqualification of Bidders: Any of the following may be considered as sufficient for disqualification of a Bidder and the rejection of a bid:

10/24/23 8:06 AM

a. Submission of more than one bid for the same work by an individual, firm, partnership or corporation under the same or different name(s);

b. Evidence of collusion among Bidders;

c. Previous participation in collusive bidding on work for the City;

d. Submission of an unbalanced bid, in which the prices quoted for some items are out of proportion to the prices for other items;

e. Lack of competency of Bidder (a contract will be awarded only to a Bidder(s) rated as capable of performing the work); City may declare any Bidder ineligible at any time during the process of receiving bids or awarding the contract where developments arise which, in the opinion of City, adversely affect the Bidder's responsibility;

f. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress; financial irresponsibility, including but not limited to, leaving retainage in City account;

g. Uncompleted work for which the Bidder is committed by agreement, which, in the judgment of City, might hinder or prevent the prompt completion of work required by this IFB if awarded to such Bidder; and

h. Being in arrears on any existing or prior agreements with the City or in litigation with the City thereon or having defaulted on a previous agreement with the City.

13. Examination of Bid Documents:

13.1. Each Bidder is responsible for examining with appropriate care all solicitation documents and all applicable addenda, and for informing itself with respect to all conditions which might in any way affect the cost or availability of any Supplies. Failure to do so will be at the sole risk of the Bidder, who is deemed to have included all costs for the Supplies in its bid.

13.2. Each Bidder shall promptly notify City, in writing, should the Bidder find discrepancies, errors, ambiguities or omissions in the solicitation documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to this IFB. Replies to such notices may be made in the form of an addendum to this IFB, which will be issued simultaneously to all potential Bidders who have obtained the solicitation documents from City.

13.3. City may, by addendum, modify any provision or part of this IFB at any time prior to the bid due date and time. Bidders shall not rely on oral clarifications to the IFB unless they are confirmed, in writing, by City in an issued addendum.

10/24/23 8:06 AM

14. Cancellation of Solicitation: This IFB may be cancelled in accordance with Code Section 2-1194.

15. Notice of Award; Terms and Conditions: If City makes any contract award pursuant to this IFB, City will prepare and forward to the successful Bidder(s) a notice of award, which must be signed and returned to City within five (5) days from receipt of same. The selected Bidder agrees, if issued a written notice of award, to be bound by the terms and conditions of the City. Such terms and conditions shall be substantially and materially in the form of the purchase order or contract included in this IFB. Please note that a notice of award does not guarantee any purchase or a commitment of funds.

16. Preparation of Bids:

16.1. Each Bidder is responsible for ensuring that their bid submission is complete and correct.

16.2. Pricing:

16.2.1. Each Bidder is required to submit pricing as part of their Bid.

16.2.2. The unit price bid for each item must be listed and the price must include packing unless otherwise specified. A total amount must be specified in the amount column for each item. In case of a discrepancy between a unit price and extended price, the unit price will control.

16.2.3. If federal excise tax applies, show amount of same that has already been deducted in determining your net price. The City is also exempt from state and local sales tax.

16.3. Time of delivery must be stated in specific calendar days and the time must be adhered to if Bidder is selected. If time of delivery varies for different items, Bidder must include the delivery time for each item in its Bid. Failure to include delivery time in Bid, will result in the Bid being deemed non-responsive.

16.4. Alternate Bid(s): Bidders who have other items they wish to offer in lieu of or in addition to the items required by this IFB may create a line item in the Supplier Portal with a description and price for each alternate item it would like to offer. Alternate bids will not be considered for award unless expressly authorized in this IFB. However, such alternate bids that are not expressly authorized may be examined prior to an award under this IFB and may result in either: (1) cancellation of this IFB and a subsequent re-solicitation to include the alternate item(s) or (2) the alternate item(s) may be considered for future solicitations.

17. Submission of Bids:

17.1. Bids must be submitted via the City's electronic procurement system according to the instructions provided in this IFB. Each Bidder must ensure that all blank spaces are completed.

17.2. Bids shall be executed by a principal of the Bidder with the authority to enter into a contract. Joint ventures or partnerships must designate one joint venture/partner to represent the joint venture/partnership in submitting and executing a bid. Each Bidder is responsible for the preparation of the bid and the costs of preparing and submitting the bid.

17.3. Bids will be electronically opened at 2:01 pm Eastern Time on the designated due date. Bids must clearly identify the following information:

a. Bidder's Name/Company Name and Address;

b. If a Georgia Utility License is required for this project, the Bidder's Georgia Utility License Number must be included along with a photocopy of the actual document with the bid;

c. If a Georgia Contractor's License is required for this project, the Bidder's Georgia Contractor's License number must be included along with a photocopy of the actual document with the bid; and

d. All other required documentation as specified in the Required Submittals section of this IFB.

18. Illegal Immigration Reform and Enforcement Act:

18.1.1. This IFB is subject to the Illegal Immigration Reform and Enforcement Act of 2011 ("IIREA" or "the Act"). IIREA was formerly known as the Georgia Security and Immigration Compliance Act. Pursuant to the Act, the Bidder must provide with its bid proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of Homeland Security. A completed Contractor Affidavit, set forth in Form 1: Illegal Immigration Reform and Enforcement Act Forms, must be submitted with the bid at the time of submission. Under state law, City cannot consider any bid which does not include completed IIREA forms. Where the business structure of a Bidder is such that Bidder is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Bidder must complete the Contractor Affidavit (Form 1) on behalf of and provide a Federal Work Authorization User ID Number issued to, the Bidder itself.

Where the Bidder is a joint venture or other type of business structure that does not require an EIN, each entity comprising Bidder must submit a separate Contractor Affidavit (Form 1). In lieu of an affidavit required, a contractor, subcontractor, or sub-subcontractor who has no employees and does not hire

10/24/23 8:06 AM

or intend to hire employees for the purpose of satisfying or completing the terms and conditions of any part or all of the original contract with the City shall instead provide a copy of their state issued driver's license or state issued identification card.

18.1.2. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Bidders intending to do business with the City are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on City procurements and their participation in those procurements.

18.1.3. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll. Additional information on completing and submitting the Contractor Affidavit (Form 1) precedes the Affidavit.

19. Multiple Awards: The City reserves, at its sole discretion, the option to make multiple awards pursuant to this solicitation. Multiple awards may be made on the total bid, on a line item, or on any group of line items.

Select one of the following:

a. Compliance

b. Exception (Response attachments are required) https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fe-verify.uscis.gov%2Fenroll&data=05%7C01%7Clamclayton%40AtlantaGa.Gov%7C66c231cfeba644df73fd08db24be3d1d%7C031a550af1f34b629c643ef02c7798a5%7C0%7C0%7C638144171878138271%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=OzJz0LhHo78x4PvNJC7SHVU%2F55Jw0nuFuI9QJHdL6SY%3D&reserved=0

10/24/23 8:06 AM

1.2 Section 2. Special Conditions

*1. Special Conditions Please complete and re-attach.

Attachments:

File Name or URL Type Description Special Conditions File

Select one of the following:

a. Attached is my signed copy. (Response attachments are required)

10/24/23 8:06 AM

1.3 Section 3. Required Submittal Forms

*1. All vendors, including, but not limited to, corporate entities, limited liability companies, joint ventures, or partnerships, that submit a Proposal or Bid in response to this solicitation must fill out all forms in their entirety, and all forms must be signed, notarized or sealed with the corporate seal (if applicable), as required per each form's instructions.

If vendor intends to be awarded a contract with the City, the vendor must fill out all the forms listed in this solicitation document; otherwise, vendor may be deemed non-responsive.

Select one of the following:

a. I acknowledge that I have read, understand, and agree to the policies and procedures in the Invitation for Bid.

2. Please see the attached CPO Submittal Letter Attachments:

File Name or URL Type Description CPO Submittal Letter.pdf File

*3. Form 1

Please complete and re-attach.

Attachments:

File Name or URL Type Description Form 1.pdf File

Select one of the following:

a. Attached is IIREA Form. (Response attachments are required)

*4. Form 2 Please complete and re-attach.

Attachments:

File Name or URL Type Description Form 2 6.4.2020.1-2.pdf File

Select one of the following:

a. Attached is Contractor Disclosure and Declaration Form. (Response attachments are required)

*5. Form 3 Please complete and re-attach with Bond provided by Surety company.

Attachments:

File Name or URL Type Description Bid Bond Form.pdf File

Select one of the following:

a. Attached is the Bid Bond Form and Bond provided by Surety company. (Response attachments are required)

*6. Form 4 Please complete and re-attach.

Attachments:

File Name or URL Type Description Form 4 6.4.2020.1-4.pdf File

Select one of the following:

a. Attached is Offeror Contact Directory. (Response attachments are required)

*7. Form 5 Please complete and re-attach.

Attachments:

File Name or URL Type Description Form 5 6.4.2020.1-5.pdf File

10/24/23 8:06 AM

Select one of the following:

a. Attached is Reference List. (Response attachments are required)

*8. Form 6 Please complete and re-attach.

Attachments:

File Name or URL Type Description Form 6 6.4.2020.1-6.pdf File

Select one of the following:

a. Attached is Prohibited Sources' Ethics Pledge. (Response attachments are required)

*9. Contract Employment Report- Please download the form and reattach the completed document with your information.

Attachments:

File Name or URL Type Description CER Form File

Select one of the following:

a. Attached is the signed form. (Response attachments are required)

10/24/23 8:06 AM

1.4 Section 4. Scope and Classification

*1. Please see attached for the Scope and Classifications.

Attachments:

File Name or URL Type Description Scope of Work for IFB-

CON-DWM

File

Select one of the following:

a. I am attaching my signed copy. (Response attachments are required)

*2. Prices will remain firm for the term of the contract.

Select one of the following:

a. Compliance

b. Exception (Response attachments are required)

*3. DELIVERY: Time Required for Delivery After Receipt Order _________ Days

Comments:

2 Lines

2.1 Line Information

Line Estimated Quantity

UOM Response Price

Line Amount

Response Minimum

Release Amount

1-1. In 50 lb.

Bags F.O.B.

Buyers Platform

3,000 EAC

H

2-F.O.B. Sellers Platform

3,000 EAC

Buyers Platform

750 EAC

4-F.O.B. Sellers

750 EAC

5-3. In Bulk F.O.

B. Buyers Platform

75 EAC

6-F.O.B. Sellers

75 EAC

10/24/23 8:06 AM

2.2 Line Details

2.2. Line 1 1. In 50 lb. Bags F.O.B. Buyers Platform

To provide an alternate line, see appendix.

Category Name 750.7015 -

CONCRETE,

READY-MIX (AIR

ENTRAINING OR

W/A.E. ADDITIVE)

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

Price Breaks You may propose price breaks in the space provided or on a separate sheet of paper. The break quantity is cumulative.

Location Quantity Pricing Basis

(Circle One Value) Response Value

2.2. Line 2 F.O.B. Sellers Platform

To provide an alternate line, see appendix.

Category Name 750.7015 -

CONCRETE,

READY-MIX (AIR

ENTRAINING OR

W/A.E. ADDITIVE)

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

Price Breaks You may propose price breaks in the space provided or on a separate sheet of paper. The break quantity is cumulative.

Location Quantity Pricing Basis

(Circle One Value) Response Value

2.2. Line 3 2. In 100 lb. Bags F.O.B. Buyers Platform

To provide an alternate line, see appendix.

Category Name 750.7015 -

CONCRETE,

READY-MIX (AIR

ENTRAINING OR

W/A.E. ADDITIVE)

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

10/24/23 8:06 AM

Start Price (USD)

Price Breaks You may propose price breaks in the space provided or on a separate sheet of paper. The break quantity is cumulative.

Location Quantity Pricing Basis

(Circle One Value) Response Value

2.2. Line 4 F.O.B. Sellers Platform

To provide an alternate line, see appendix.

Category Name 750.7015 -

CONCRETE,

READY-MIX (AIR

ENTRAINING OR

W/A.E. ADDITIVE)

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

Price Breaks You may propose price breaks in the space provided or on a separate sheet of paper. The break quantity is cumulative.

Location Quantity Pricing Basis

(Circle One Value) Response Value

2.2. Line 5 3. In Bulk F.O.B. Buyers Platform

To provide an alternate line, see appendix.

Category Name 750.7015 -

CONCRETE,

READY-MIX (AIR

ENTRAINING OR

W/A.E. ADDITIVE)

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

Price Breaks You may propose price breaks in the space provided or on a separate sheet of paper. The break quantity is cumulative.

Location Quantity Pricing Basis

(Circle One Value) Response Value

2.2. Line 6 F.O.B. Sellers Platform

To provide an alternate line, see appendix.

10/24/23 8:06 AM

Category Name 750.7015 -

CONCRETE,

READY-MIX (AIR

ENTRAINING OR

W/A.E. ADDITIVE)

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

Price Breaks You may propose price breaks in the space provided or on a separate sheet of paper. The break quantity is cumulative.

Location Quantity Pricing Basis

(Circle One Value) Response Value

4 Appendix: Alternate Lines

4.1 Instructions for Alternate Lines

Alternate lines are allowed for some negotiation lines. For these lines, you can propose one or more alternatives by entering information for each alternate line in the format given below. Print and insert multiple copies as per your requirement.

4.2 Alternate Lines Template

Negotiation Line

(Number and description of the negotiation line for which you have an alternative)

Example:1-xxxxxx where xxxxxx is the line description of first negotiation line.

Alternate Line Number (Enter only numbers in sequence starting with 1 for every alternate line)

Alternate Line Description

Response Price (For a negotiation line with cost factors, enter your line price in the cost factors table)

Response Minimum Release Amount

Note to Buyer

Price Breaks If the negotiation line has price breaks which you are required to enter, then you must copy those price breaks for your alternate line. If they are optional, then you may propose price breaks in the space provided or on a separate sheet of paper.

Location Quantity Pricing Basis

(Price/Discount Percentage)

Response Value

Start Date End Date

RFQ 1240105

Proprietary and Confidential

Contract Terms and Conditions

Standard Purchase Order Terms and Conditions

PO T&Cs

1. Correct Purchase Order and Stock Numbers must appear on all packages, invoices, shipping papers and correspondence packing slips must accompany all shipments.

2. Invoice Instructions: All vendor invoices must be submitted electronically to the City of Atlanta ("City"). Any recurring payments made to a vendor will be made electronically through Automated Clearing House ("ACH").

Recurring payments will not be made by paper check. For one-time payments issued by the City, vendors have the option of receiving payment via ACH or paper check.

All submitted invoices must be in print format and must include the Purchase Order number assigned by the City of Atlanta. Any handwritten invoice will be returned to the vendor unpaid. An invoice that does not reference the associated City of Atlanta Purchase Order number will be returned to the vendor unpaid.

The preferred method for submitting invoices is through the Supplier Portal which allows the City to expedite payment of invoices. To submit invoices and enroll in the ACH payment method, please log in to the Supplier Portal at . Vendors receiving recurring payments must complete the ACH payment information in the Supplier Portal. For Supplier Registration questions, please contact .

Vendors may also submit invoices in Portable Document File (".pdf") format to . Vendors must submit one .pdf document per invoice or use a separator page if sending multiple invoices in the document so invoice scanning software can recognize the invoice(s) properly. Even if invoices are submitted in .pdf format to , vendors are required to complete the ACH payment information in the Supplier Portal to receive payment.

Invoices submitted by any means other than the Supplier Portal or will not be accepted. Those invoices will be returned to the vendor unpaid. It is also the responsibility of the vendor to maintain current ACH payment information. Failure to provide or update electronic payment information may result in a delay in payment.

Enter our order for the items or services decided subject to conditions set forth in this Order and on the reverse side hereof.

Important- This Order expressly limits acceptance to terms stated herein, and any additional or different terms proposed by the Seller are rejected unless expressly agreed to in writing.

Unsatisfactory delivery schedule or service will be sufficient cause for cancellation of this Order at no expense to Buyer.

1. Seller and Buyer agree as follows:

1. Seller to Package Goods- Seller will package good in accordance with good commercial practice.

Each shipping container shall be clearly and permanently marked as follows:

1. Seller's name and address

2. Consignee's name, address, and purchase order or purchase release number and the supply agreement number if applicable

3. Container number and total number of containers, e.g. box 1 of 4 boxes

4. The number of container bearing the package slip. Seller shall bear cos of packaging unless otherwise provided.

2. Terms of payment shall commence on the date of receipt by Buyer's designated purchasing office of an invoice, conforming with Buyer's purchase order. Return of the invoice by Buyer to Seller for any reason not attributable to the fault of the Buyer will extend the discount periods so that it commences on the subsequent date of receipt of such invoice by Buyer.

3. Do not substitute material on this Order without authority from Purchasing Department. All material furnished must be as specified and will be subject to inspection and approval of Buyer after delivery. Buyer reserves the right (Payment notwithstanding) to reject and return, at the risk and expense of the Seller, such portion of any shipment which may be defective or fails to comply with specifications, without invalidating the reminder of the order.

4. Unless otherwise provided herein or by law, Seller shall pay all sales, use, excise, and other taxes, charges and contributions now or hereafter imposed on, or with respect to or measured by either the goods furnished hereunder, or the compensation paid to persons employed in connection with performance hereunder, and Seller shall indemnify Buyer against any liability and expense by reason of Seller's failure to pay the same.

5. Seller warrants

1. That each and all of the articles herein described are free from defects in design, workmanship, and materials

2. That unless otherwise specified herein all such articles and the components thereof are new and have not been previously used

3. That the said articles are fit for use for their ordinary intended purposes and any purposes specified herein

4. That each and all of the articles herein described and the sale and use thereof will not constitute infringement or contributory infringement of any patent, or infringement of any copyright or trademark, or violation of any trade secret

5. That none of the chemical substances sold or transferred under this Purchase Order to buyer as of the time of such sale or transfer, is on the list of chemical substances compiled and published by the administrator of the EPA pursuant to the Toxic Substances Control Act (Title 15 U.S.C. §2601 et seq.)

6. Seller shall indemnify and hold Buyer and its employees harmless from and against any and all claims, suits, judgement or expenses (including attorney's fees) which are grounded or based wholly or partially upon alleged negligence or actual negligence in the formation or manufacture of any merchandise sold by the Seller to the Buyer hereunder, or upon any alleged defect or actual defect in the merchandise, or upon a claim that the merchandise was not of merchantable quality or that it was not fit for the purposes for which it was intended.

7. Either Seller or Buyer shall be excused from performance of the obligations hereunder when and to the extent that such performance is delayed or prevented by any circumstances reasonably beyond control, or by fire, explosions, any strike or labor dispute, or any act of omission of any governmental authority.

8. The vendor or contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the vendor or contractor, to solicit or secure this contract or purchase order, and that the vendor or contractor as not paid or agreed to pay any person, company, association, corporation, individual or firm, other than a bona fide employee working for the vendor or contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this provision. For the breach or violation of the above warranty and upon finding after notice and hearing, the City shall have the right to terminate the purchase order or contract without liability, and at its discretion, to deduct from the contract or purchase order price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

9. This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.

10. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

11. Prohibition Against Assignment: It is the intent of the parties that the terms printed herein will control irrespective of any subsequent execution for a work order, receipt, purchase order, or similar instrument. This agreement shall be binding on the partied hereto their successors and assigns. Seller shall not assign this agreement. Any attempt to assign this agreement shall cause this agreement to be terminated by the City. The City reserves the right to refuse or reject any and all request for assignment and, may in its discretion, terminate said agreement at its convenience.

12. This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" as adopted in the State of Georgia as effective and in force on the date of this agreement.

13. Statement of Non-Discrimination Policy:

Pursuant to Part II, Chapter 2, Division 10, Section 2-1387 of the Code of Ordinances, the City of Atlanta has implemented a policy regarding nondiscrimination by firms doing business with the City of Atlanta Therefore, the Equal Employment Opportunity Clause, as specified in Sections 2-1414 through 2-1419 of the Code of Ordinances and Mayor's Administrative order Number 96-4, prohibiting discrimination by contractors, employees, officers, and vendors against persons on the basis of their sexual orientation, are hereby made a part of the terms and conditions of this contract.

1. The supplier of goods material, equipment, or services covered by this purchase order certifies that they will not discriminate in any way in connection with this contract in the employment of persons, or refuse to continue the employment of any such person on account of race, creed, color, sex, sexual orientation or national origin of such person.

2. Sec. 2-1414. - Equal employment opportunity clause.

The equal employment opportunity (EEO) clause required in all city contracts, pursuant to section 2-1200, shall read as follows:

"During the performance of this agreement, said contractor agrees as follows:

1. The contractor shall not discriminate against any employee, or applicant for employment, because of race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or political affiliation. As used here, the words "shall not discriminate" shall mean and include without limitation the following:

Recruited, whether by advertising or other means; compensated, whether in the form of rates of pay, or other forms of compensation; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated.

The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of the EEO clause.

(b) The contractor shall, in all solicitations or advertisements for employees, placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, disability, or political affiliation.

(c) The contractor shall send to each labor union or representative of workers with which the contractor may have a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the contractor's commitments under the equal employment opportunity program of the City of Atlanta and under the Code of Ordinances and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor shall register all workers in the skilled trades who are below the journeyman level with the U.S. Bureau of Apprenticeship and Training.

(d) The contractor shall furnish all information and reports required by the contract compliance officer pursuant to the Code of Ordinances, and shall permit access to the books, records, and accounts of the contractor during normal business hours by the contract compliance officer for the purpose of investigation so as to ascertain compliance with the program.

(e) The contractor shall take such action with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (a) through (h) herein, including penalties and sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in or is threatened with litigation as a result of such direction by the city, the city will enter into such litigation as is necessary to protect the interest of the city and to effectuate the equal employment opportunity program of the city; and, in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States.

(f) The contractor and its subcontractors, if any, shall file compliance reports at reasonable times and intervals with the city in the form and to the extent prescribed by the contract compliance officer. Compliance reports filed at such times directed shall contain information as to employment practices, policies, programs and statistics of the contractor and its subcontractors.

(g) The contractor shall include the provisions of paragraphs (a) through (h) of this equal employment opportunity clause in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor.

(h) A finding, as hereinafter provided, that a refusal by the contractor or subcontractor to comply with any portion of this program, as herein provided and described, may subject the offending party to any or all of the following penalties:

(1) Withholding from the contractor in violation all future payments under the involved contract until it is determined that the contractor or subcontractor is in compliance with the provisions of the contract;

(2) Refusal of all future bids for any contract with the City of Atlanta or any of its departments or divisions until such time as the contractor or subcontractor demonstrates that there has been established and there shall be carried out all of the provisions of the program as provided in the Code of Ordinances;

(3) Cancellation of the public contract;

(4) In a case in which there is substantial or material violation of the compliance procedure herein set forth or as may be provided for by the contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable law, of contractors, subcontractors or other organizations, individuals or groups who prevent or seek to prevent directly or indirectly compliance with the policy as herein provided.