23RFQ139735A-KM, Laboratory Equipment Maintenance, Repair and Calibration.pdf

Department of Purchasing & Contract Compliance

Felicia Strong-Whitaker, Director

REQUEST FOR E-QUOTE NUMBER: 23RFQ139735A-KM

PROJECT TITLE: Laboratory Equipment Maintenance Repair and Calibration

PROJECT TYPE: LABOR/SERVICES

DEPARTMENT: Public Works

DUE DATE: Monday, August 14, 2023

WILL BE RECEIVED UNTIL: 2:00 P.M.

LAST DAY FOR QUESTIONS: Wednesday, August 9, 2023

ANY QUESTIONS REGARDING PURCHASING PROCEDURES, SPECIFICATIONS, CLARIFICATION OR INTERPRETATION

REGARDING THIS E-QUOTE MUST BE SUBMITTED ELECTRONICALLY VIA BIDNET DIRECT WEBSITE https://www.bidnetdirect.com/georgia/fultoncounty. ALL RESPONSES TO QUESTION(S) WILL BE ISSUED IN THE

FORM OF AN ADDENDUM AND POSTED ON BIDNET DIRECT WEBSITE.

THE COUNTY WILL NOT RESPOND TO REQUESTS RECEIVED AFTER Wednesday, August 9, 2023 AT 2:00 P.M.

E-QUOTE RESPONSES MUST BE SUBMITTED ONLINE AT https://www.bidnetdirect.com/georgia/fultoncounty. BY THE

DATE AND TIME INDICATED. VENDORS MUST REGISTER WITH BIDNET DIRECT IN ORDER TO RESPOND TO E-QUOTES.

BIDDERS MAY NOT HAVE CONTACT WITH COUNTY OFFICERS, ELECTED OFFICIALS OR COUNTY EMPLOYEES

REGARDING THIS BID PRIOR TO AWARD OF PURCHASE ORDER. VIOLATION OF THIS INSTRUCTION WILL RESULT IN

YOUR BID BEING FOUND NON-RESPONSIVE.

CONTACT NAME:

Keisha Massey

E-MAIL ADDRESS:

keisha.massey@fultoncountyga.gov

PHONE NUMBER:

404-612-1010

All information requested on this sheet must be completed. Unless specifications indicate “NO SUBSTITUTE”, items determined by Fulton County to be “EQUAL OR BETTER” will be given full consideration. All prices QUOTED must be “FOB DELIVERED” unless otherwise requested, and must be submitted in the format requested. The

County reserves the right to cancel the solicitation and to reject any or all quotes in whole or in part and is not bound to accept any quote if rejection of that quote is determined to be contrary to the best interest of the

County.

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

REQUEST FOR QUOTE - COMMODITIES

GENERAL TERMS AND CONDITIONS

The following provisions are hereby made a part of this Request for Quote (“E-QUOTE”). Any contract or purchase order awarded as the result of this request shall be governed by these General Terms and Conditions. By submission of your responses to this e-quote, vendor agrees to furnish the product(s) and/or service(s) pursuant to these conditions.

1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract or purchase order by indicating a change in the special instructions or provisions. Any vendor accepting a purchase order award as the result of this request agrees that the provisions included within this Request for E-Quote shall prevail over any conflicting provision within any standard form contract of the vendor.

2. METHOD OF SOURCE SELECTION. This procurement is being conducted in accordance with all applicable provisions of the Fulton County Code of Ordinances and the specific method of source selection for the services required in this bid is Code Section 102-373, Competitive Sealed Bidding.

3. SUBMISSION OF RESPONSES. Responses must be submitted for e-quotes on-line via the BidNet Direct website at https://www.bidnetdirect.com/georgia/fultoncounty . Response to e-quotes must be received no later than 2:00 p.m. on the date indicated.

4. AMENDMENTS TO THE REQUEST FOR E-QUOTE. Any amendment to pricing is valid only if in writing and issued by the County.

5. ADDENDUM. Revision to the Request for E-Quote issued by the County prior to the receipt of bids.

6. NON-COLLUSION. Bidder certifies that this bid is made without prior understanding, agreement or connection with any other corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. Bidder further understands collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damage awards. Bidder agrees to abide by all conditions of this bid and certifies that person signing is authorized to sign this bid or proposal for the bidder.

7. CONFLICT OF INTEREST. Vendor states that no County officer or employee, nor any business entity in which they have an interest: a) Has an interest in the contract awarded; b) Has been employed or retained to solicit or aid in the procuring of the resulting contract; c) Will be employed in the performance of such contract without immediate disclosure of such fact to the County.

8. BASIS OF AWARD. The County shall award to the overall lowest responsive and responsible bidder complying with the provisions of the E-Quote. The following criteria may be considered by the County in selecting the most advantageous quote: a) Ability to perform the service required within the specified time; b) Conformance to specification; c) The quality of performance in previous contracts; d) Financial ability to perform the contract; e) Item pricing; f) vendor references. The County reserves the right to cancel the solicitation and to reject any or all quotes in whole or in part and is not bound to accept any quote if rejection of that quote is determined to be contrary to the best interest of the County.

9. SAMPLES. Samples of items when required, must be furnished free of expense to the County and upon request, be returned to the Vendor at the Vendor’s expense. Samples of selected items may be retained for comparison purposes.

10. NEW. All items bid must be new. Used, rebuilt and refurbished items will not be considered unless specifically authorized by the County in the written specifications.

11. BRAND NAME SPECIFICATIONS AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in the specifications are intended only to identify the quality and characteristics desired. They are not intended to limit competition. The Vendor may offer any equivalent product which meets or exceeds the specifications. If quotations are based on equivalent products, the quote must: a) Indicate the alternate manufacturer’s name and catalog number; b) Include complete descriptive literature and/or specifications; c) Include proof that the proposed equivalent will meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable to meet its needs in all respects. If Bidder fails to name a substitute, goods identical to the published standard must be furnished.

12. INDEMNIFICATION. Vendor hereby agrees to release, indemnify, defend and hold harmless the County, it’s Commissioners, officers, employees, subcontractors, successors, assigns and agents from and against any and all losses (including death), claims, damages, liabilities, costs and expenses (including but not limited to all actions, proceedings, or investigations in respect thereof and any outcome of any such action, proceeding, or investigation), caused by, relating to, based upon or arising out of any act or omission by contractor, it’s directors, officers, employees, subcontractors, successors, assigns or agents, or otherwise in connection with it’s acceptance, of the performance, or nonperformance, of it’s obligations under this agreements.

13. TAXES. Fulton County is exempt from the State of Georgia sales tax and exemption certificate will be furnished upon request.

14. DELIVERY. All prices must be FOB Destination, unloaded inside and assembled unless otherwise indicated.

15. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item furnished by the Vendor fails to conform to specifications, or to the sample submitted by the Vendor, the County may reject it. Upon rejection, the Vendor must promptly reclaim and remove such item without expense to the County, and shall immediately replace all such rejected items with others conforming to such specification and samples. If the Vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the Vendor the difference between the prices named in the purchase order and the actual cost to the County. If the Vendor fails to make prompt delivery of any item, the County has the right to purchase such item in the open market and to deduct from any monies due the Vendor the difference between the prices named in the purchase order and the actual replacement cost to the County. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the purchase order.

16. INVOICES AND PAYMENT TERMS. The awarded Vendor must be registered as a Vendor in the Vendor Self

Service System at https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService in order for the Department of Purchasing & Contract Compliance to issue a purchase order and for the Vendor to receive payment.

All invoices must include the purchase order number or master agreement number. Failure to comply may result in delayed payments. The County payment terms are Net 30 days unless a cash discount is allowed for payment within not less than twenty (20) days. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County and the correct invoice is received by Accounts Payable. All payments will be made via Electronic Funds Transfer (EFT).

Submittal of Invoices: Invoices shall be submitted as follows:

Via Mail:

Fulton County Government 141 Pryor Street, SW Suite 7001 Atlanta, Georgia 30303 Attn: Finance Department – Accounts Payable

OR

Via Email:

Email: Accounts.Payable@fultoncountyga.gov

At minimum, original invoices must reference all of the following information:

1) Vendor Information

a. Vendor Name

b. Vendor Address

c. Vendor Code

d. Vendor Contact Information

e. Remittance Address

2) Invoice Details

a. Invoice Date

b. Invoice Number (uniquely numbered, no duplicates)

c. Purchase Order Reference Number

d. Date(s) of Services Performed

e. Itemization of Services Provided/Commodity Units

3) Fulton County Department Information (needed for invoice approval) https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService mailto:Accounts.Payable@fultoncountyga.gov

a. Department Name

b. Department Representative Name

17. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of quote and disputes about quotes. Lack of knowledge by any Vendor about applicable law is not a defense.

18. ASSIGNMENT. Any purchase order awarded shall not be assignable by the Vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

19. REJECTION OF BID. Bids may be considered irregular and may be rejected if they show omissions, alternations of form, additions not called for, conditions, limitations, unauthorized alternate bids or other irregularities of any kind. The County reserves the right to waive minor technicalities or irregularities of bid.

20. DISQUALIFICATION OF BIDDER. The submission of more than one (1) bid to the County as the primary Bidder for the same work by an individual firm, partnership or corporation under the same or different names may be grounds for disqualification of a Bidder and the rejection of the bid.

21. TERMINATION. In the event any of the provisions of the purchase order are violated, the County may serve written notice of its intention to terminate the purchase order. Such notice will state the reason(s) for such intention, and unless within ten (10) days after serving notice upon the contractor, such violation has ceased and satisfactory arrangements for correction made, the purchase order shall, upon expiration of ten (10) days, be terminated. Further, the County reserves the right to terminate for its convenience any purchase order in whole or in part upon giving thirty (30) days prior written notice to the other party.

22. DEBARMENT. If a Bidder is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency which prohibits your firm from participating in any procurement, the Bidder must provide the County with that information as part of its response to this solicitation. Failure to fully and truthfully provide the information required, may result in the disqualification of your bid from consideration or termination of the purchase order, once awarded.

23. RIGHT TO PROTEST. Any actual bidder or offeror that has submitted a bid/proposal for a particular procurement and is aggrieved in connection with the solicitation or award of the contract shall protest in writing to the purchasing agent after the date that the specific bid or proposal is submitted. No protest will be accepted or considered prior to the date the specific bid or proposal is submitted; it will be considered untimely. All protests shall set forth in full detail the factual and legal basis for the protest and specific relief sought by the protestor. Protests arising from factual or legal basis that the protestor knew or should have known prior to the submission of the bid/proposal must be submitted within three business days of the submission of the bid/proposal. Protests arising from factual or legal basis that the protestor knew or should have known subsequent to the date the bid/proposal was submitted must be submitted within ten business days after the protestor knew or should have known of such bases, but in no event shall any protest be submitted more than ten business days after the award of the contract. Untimely protests will not be considered by the purchasing agent and will be simply denied as untimely. Decisions on timeliness by the purchasing agent are not appealable. An oral protest or a protest to an official, employee, User Department, or other person apart from the Director of Purchasing & Contract Compliance does not comply.

24. BINDING AUTHORITY. The individual submitting this E-QUOTE must have binding authority to submit contracts on behalf of the responding company. By submitting a response, vendor agrees that their quote is an offer to sell.

All bidders shall comply with all County purchasing laws, policies, and procedures, as well as relevant state and federal laws, including compliance with EEOC hiring guidelines and requirements under the Americans with Disabilities Act.

25. INTERGOVERNMENTAL COOPERATIVE PROCUREMENT STATEMENT. The County through the Department of Purchasing & Contract Compliance grants to any public serving governmental agency, authorization to purchase equivalent services or products described herein with this solicitation at the same submitted unit bid price, terms and conditions, but only with the consent of the Contractor/Consultant/ Service Provider. Public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s)/Consultant(s)/Service Provider(s) under the terms and conditions of the resultant contract. Any purchases shall be between the Contractor/Consultant/Service Provider and the participating public agency and shall not impact the Contractor’s/Consultant’s/Service Provider’s obligation to the County. Any estimated purchase volumes listed herein do not include other public agencies and the County makes no guarantee as to their participation.

REQUEST FOR E-QUOTE SPECIFICATIONS

Laboratory Equipment Maintenance Repair and Calibration Public Works

1. DESCRIPTION

The Fulton County Department of Purchasing & Contract Compliance is soliciting e-quotes from successful respondents to Laboratory Equipment Maintenance Repair and Calibration for the Department of Public Works.

2. TERM OF AGREEMENT

This is twelve (12) consecutive months from date of issuance of purchase order.

3. SERVICE SPECIFICATIONS

The successful respondent shall provide maintenance, repair, cleaning, adjustment and calibration of laboratory equipment, which will also include initial inspection of all equipment’s at the below mentioned location. The equipment’s location, quantity, type and model numbers for which this contract will apply to is as follows:

pH Meter (Accumet) XL-15 XL94003982

Autoclave (Thermoscientific) ST75925 1277090938045

Autoclave (Thermoscientific) ST75925 1277091141632

Balance (Mettler) AJ100 L72618

Balance Mettler (Toledo) PR5002 1116511041

Balance Mettler (Toledo) AL54 1233510026

Barometer (Control Company) 14-648-51 61790363

Barometer (Control Company) 14-648-51 61790360

BOD Incubator (Fisher) 307 30100011

BOD Incubator (Thermo Electron) BOD50A16 Vo1s-621416-VS

Conductivity Meter (Control Co.) 15-077-977 91068558558

Conductivity Meter (Fisher) 09-328 221440205

Dissolved Oxygen Meter (YSI) 5100 00k0008

Dissolved Oxygen Meter YSI) 5100 02k0929

COD Reactor (HACH) 45600-00 951000013303

COD Reactor (HACH) 45600-00 930200008627

COD Reactor (HACH) DRB200 1235480

COD Reactor (HACH) DRB200 1238254

Oven (precision) 51221149 603061197

Oven (Fisher) 738F 1200035

Muffle Furnace (Barnstead int.) F62735 1276041025758

Muffle Furnace (Fisher) 126 71000052

Pocket Colorimeter (HACH) 46770-00 970700109023

Pocket Colorimeter (HACH) 46770-00 95000091360

Pocket Colorimeter (HACH) 46770-00 030500034884

Incubator (Thermolyne) 41900 700930250095 pH Meter (Orion) 520A 002161 pH Meter (Orion) 720A 012230

Refrigerator (Roper) RT14BKRKQ05 VSS3463980 Spectrophotometer (ThermoElectron) Genesys 10UV 2G6J1290023

Spectrophotometer (ThermoElectron) Genesys 10UV 2G6j129001

Spectrophotometer (HACH) DR 5000 1422274

Refrigerator (Isotemp) 13-986-245 GA 2095091144108

Talking Timer (Thomas Scientific) - 102112964

Talking Timer (Fisher Scientific) - 61720466

Talking Timer (Thomas Scientific) - 99168465

Talking Timer (Thomas Scientific) - 99168468

Talking Timer (Thomas Scientific) - 99168474

Water Bath (HACH) 26 PC 0500699

Water Bath (precision) 2862 201513-107

Oven (Equatherm) D1578 10AW-5

Colony Counter (milliopore) 750326 540251881

Infrared thermometer RS232 80103572

Versa Star Meter VSTAR10 V02470

Versa Star Meter VSTAR10 V02508

Autoclave-Castle CAS 208973

Bacterial Colony Counter-Fisher 133-8002 540251746

Balance-Chaus TP4KD 1816 Colorimeter (CL2-meter) – HACH

46700-00 911200001389

Colorimeter (CL2-meter) – HACH 46700-00 911200001031

Colorimeter (CL2-meter) – HACH 46700-00 960300094265

Colorimeter (CL2-meter) – HACH 46700-00 960300092222

DO-Meter YSI 55 95H36606

DO- Meter YSI 58 99E0194 AC

DO-Meter YSI 58 C8005521

Fluoride Meter-HACH 46700-05 010200158836

Incubator-Presision PS314831-4 10AY-1

Refrigerator-Kenmore 95601 990807885

Water Bath-Blue Magni Whirl TW1110A 8463

Autoclave-ThermoScientific ST75925 1277090938045

Spectrophotometer-HACH DR 6000 1422275

Expandable Ion Analyzer 940 6097

Thermolyne Furnance Series 1000 62790362215

Analytical Balance Mettier AJ100 L72618

Culture Incubator 37900 379930371966

Pan Balance BB300 L17378

Blue M Water Bath Incubator NW-1110A MS-12076

Quebec Colony Counter 3325

DO Meter-YSI 58 93H08189

Portable PH Meter 250A 4020

Refrigerator 1785GD14 TXSA388567-UH

Refrigerator F41LRA14 Z19G-363066-NH

Refrigerator 564-894365 60401648

Orion Meter Orion VeraSTAR V04415

Dissolved Meter YSI 5100 02K0690

Dissolved Meter YSI 5100 98D1153AI

Incubator IsoTemp 3720 240592-1105

Incubator Revco BOD30A14 U23J-446039-UJ

Orion Meter EA940 5399

Muffle Furnace Thermolyne/F62700 1075981039393

HACH COD Reactor 45600-00 941200011963

HACH COD Reactor DRB200 1235480

Drying Oven (Fisher) 37G 1582070238913

Analytical Balance (Metter-Toledo) ME403E B516837421

Water Bath Precision-Thermo 2862 201513-105

Timer (Fisher Scientific) S40711 150003564

Timer (Fisher Scientific) S40711 150003553

Microscope (Westover Scientific) H600/12 1015805

Refrigerator (GE) GMS10AAMRWW LA902162

Refrigerator (GE) GTE18GTHHRWW LF847969

HACH DR6000 DR6000 15330666

LACHAT Block Digester BD-46 1800-853

4. UNIT PRICING

Item No. Labor category

Estimated Quantities

Unit of Issue

Unit Price

Extended Price

1.

Calibration of equipment to include inspection, cleaning, and adjustment upon request as needed.

50 Hour

2.

Hourly labor rate per man hour for all service requests (rate must include service and travel cost) Regular hours:

Monday – Friday 8:00 a.m.

– 5:00 p.m.

20 Hour

3.

Hourly labor rate per man hour for all service requests (rate must include service and travel cost)

40 Hour

After hours of 5:00 p.m. – 8:00 a.m.

Monday – Friday (Specify the hours and time covered under this rate)

4.

Hourly labor rate per man hour Holidays – Regular Hours: (rate must include service and travel cost) Monday – Friday 8:00 a.m.

– 5:00 p.m.

8 Hour

5.

Hourly labor rate per man hour for all service requests (rate must include service and travel cost) Holidays: After hours of 5:00p.m.–8:00 a.m.

Monday – Friday

8 Hour

5. SPECIAL CONDITIONS/INSTRUCTIONS

If any other charges associated with the provision of this service is required by your company, please provide the information by fax, email or letter prior to the due date for questions. Do not include these charges in Section 4, Unit Pricing.

The successful respondent must comply with the following:

• Provide all necessary equipment parts and qualified technicians to perform the requested service.

• Provide technical assistance by telephone at no additional cost to the County.

• Provide certificate of calibration, cleaning and repair for each piece of equipment for which service is provided along with the information regarding the National Institute of Standard Technology (NIST) standard used for calibration of each instrument.

• Provide proof of qualification upon request for each technician responsible for service of type rendered to the County.

• The capability of performing cleaning, calibration and/or minor repairs onsite.

• Specify warranty period on repairs as an attachment with responses.

• Hourly labor rate must include travel and calibration/ repair costs.

• Hourly labor rate will be effective after the initial inspection and calibration service.

• Provide loaner equipment for repairs not completed within seventy-two (72) hours of initial service request.

• Respond to normal maintenance requests within thirty-six (36) hours of initial request for service.

• Respond and be onsite to emergency requests within four (4) hours of initial request for service.

• ISO9000 and A2LA accredited or equivalent certifications must be attached with responses.

Insurance and Risk Management Provisions

The following is the minimum insurance and limits that the Contractor/Vendor must maintain. If the

Contractor/Vendor maintains broader coverages and/or higher limits that the minimum shown below, Fulton

County Government requires and shall be entitled to coverage for the higher limits maintained by the

Contractor/Vendor.

It is Fulton County Government’s practice to obtain Certificates of Insurance from our Contractors and

Vendors. Insurance must be written by a licensed agent in a company licensed to write insurance in the State of Georgia, with an A.M. Best rating of at least A- X, subject to final approval by Fulton County.

Respondents shall submit with the bid/proposal evidence of insurability satisfactory to Fulton County

Government as to form and content. Either of the following forms of evidence is acceptable:

• A letter from an insurance carrier stating that upon your firm/company being the successful

Bidder/Respondent that a Certificate of Insurance shall be issued in compliance with the

Insurance and Risk Management Provisions outlined below.

• A Certificate of Insurance complying with the Insurance and Risk Management Provisions outlined below (Request for Bid/Proposal number and Scope of Services must appear on the

Certificate of Insurance).

• A combination of specific policies written with an umbrella policy covering liabilities in excess of the required limits is acceptable to achieve the applicable insurance coverage levels.

Proof of insurance must be provided to Fulton County Government prior to the start of any activities/services as described in the bid document(s). Any and all Insurance Coverage(s) and Bonds required under the terms and conditions of the contract shall be maintained during the entire length of the contract, including any extensions or renewals thereto, and until all work has been completed to the satisfaction of Fulton County

Government.

Accordingly the Respondent shall provide a certificate evidencing the following:

1. WORKERS COMPENSATION/EMPLOYER’S LIABILITY INSURANCE – STATUTORY

(In compliance with the Georgia Workers Compensation Acts and any other State or Federal

Acts or Provisions in which jurisdiction may be granted)

Employer’s Liability Insurance BY ACCIDENT EACH ACCIDENT $500,000

Employer’s Liability Insurance BY DISEASE POLICY LIMIT $500,000

Employer’s Liability Insurance BY DISEASE EACH EMPLOYEE $500,000

2. COMMERCIAL GENERAL LIABILITY INSURANCE (Including contractual Liability

Insurance)

Bodily Injury and Property Damage Liability Each Occurrence $1,000,000

(Other than Products/Completed Operations) General Aggregate $2,000,000

Products\Completed Operation Aggregate Limit $2,000,000

Personal and Advertising Injury Limits $1,000,000

Damage to Rented Premises Limits $100,000

3. BUSINESS AUTOMOBILE LIABILITY INSURANCE

Bodily Injury & Property Damage Any One Accident $1,000,000

Garage Keepers Liability Each Occurrence $1,000,000

(Including operation of non-owned, owned, and hired automobiles).

4. UMBRELLA LIABILITY Per Occurrence/Aggregate $1,000,000/$1,000,000

(Including operation of non-owned, owned, and hired automobiles)

Certificates of Insurance

Contractor/Vendor shall provide written notice to Fulton County Government immediately if it becomes aware of or receives notice from any insurance company that coverage afforded under such policy or policies shall expire, be cancelled or altered. Certificates of Insurance are to list Fulton County Government, its’ Officials, Officers and

Employees as an Additional Insured (except for Workers’ Compensation and Professional Liability), using

ISO Additional Insured Endorsement form CG 20 10 (11/85) version, its’ equivalent or on a blanket basis.

This insurance shall apply as Primary Insurance before any other insurance or self-insurance, including any deductible, non-contributory, and Waiver of Subrogation provided in favor of Fulton County.

Additional Insured under the General Liability, Auto Liability, Umbrella Policies (with exception of Workers

Compensation and Professional Liability), with no Cross Suits exclusion.

If Fulton County Government shall so request, the Respondent, Contractor or Vendor will furnish the County for its inspection and approval such policies of insurance with all endorsements, or confirmed specimens thereof certified by the insurance company to be true and correct copies.

Such certificates and notices must identify the “Certificate Holder” as follows:

Fulton County Government –

Purchasing and Contract Compliance Department

130 Peachtree Street, S.W.

Suite 1168

Atlanta, Georgia 30303-3459

Certificates must list Project Name (where applicable).

Important:

It is understood that neither failure to comply nor full compliance with the foregoing insurance requirements shall limit or relieve the Contractor/Vendor from any liability incurred as a result of their activities/operations in conjunction with the Contract and/or Scope of Work.

USE OF PREMISES

Contractor/Vendor shall confine its apparatus, the storage of materials and the operations of its workers to limits/requirements indicated by law, ordinance, permits and any restrictions of Fulton County Government and shall not unreasonably encumber the premises with its materials (Where Applicable).

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

Professional Services Indemnification. With respect to liability, damages, costs, expenses (including reasonable attorney's fees and expenses incurred by any of them), claims, suits and judgments that arise or are alleged to arise out of the Consultant/Contractor’s acts, errors, or omissions in the performance of professional services, the Consultant/Contractor shall indemnify, release, and hold harmless Fulton County, its Commissioners and their respective officers, members, employees and agents (each, hereinafter referred to as an "Indemnified Person"), from and against liability, damages, costs, expenses (including reasonable attorney's fees and expenses incurred by any of them), claims, suits and judgments only to the extent such liability is caused by the negligence of the Consultant/Contractor in the delivery of the Work under this

Agreement, but such indemnity is limited to those liabilities caused by a Negligent Professional Act, as defined below. This indemnification survives the termination of this Agreement and shall also survive the dissolution or to the extent allowed by law, the bankruptcy of Consultant/Contractor.

For the purposes of the Professional Services Indemnity above, a "Negligent Professional Act" means a negligent act, error, or omission in the performance of Professional Services (or by any person or entity, including joint ventures, for whom Consultant/Contractor is liable) that causes liability and fails to meet the applicable professional standard of care, skill and ability under similar conditions and like surrounding circumstances, as is ordinarily employed by others in their profession.

Consultant/Contractor obligation to indemnify and hold harmless, as set forth hereinabove, shall also include, but is not limited to, any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or other actual or alleged unfair competition disparagement of product or service, or other tort or any type whatsoever, or any actual or alleged violation of trade regulations.

Consultant/Contractor further agrees to indemnify and hold harmless Fulton County, its Commissioners, officers, employees, subcontractors, successors, assigns and agents from and against any and all claims or liability for compensation under the Worker’s Compensation Act, Disability Benefits Act, or any other employee benefits act arising out of injuries sustained by any employees of Consultant/Contractor. These indemnities shall not be limited by reason of the listing of any insurance coverage.

PROTECTION OF PROPERTY

Contractor/Vendor will adequately protect its own work from damage, will protect Fulton County

Government’s property from damage or loss and will take all necessary precautions during the progress of the work to protect all persons and the property of others from damage or loss.

Contractor/Vendor shall take all necessary precautions for the safety of employees of the work and shall comply with all applicable provisions of the Federal, State and local safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where work is being performed.

Contractor/Vendor shall erect and properly maintain at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of its employees, Fulton County Government employees and the public and shall post all applicable signage and other warning devices to protect against potential hazards for the work being performed (Where Applicable).

CONTRACTOR/VENDOR ACKNOWLEDGES HAVING READ, UNDERSTANDING, AND AGREEING TO

COMPLY WITH THE AFOREMENTIONED STATEMENTS, AND THE REPRESENTATIVE OF THE

CONTRACTOR/VENDOR IDENTIFIED BELOW IS AUTHORIZED TO SIGN CONTRACTS ON BEHALF OF THE

RESPONDING CONTRACTOR/VENDOR.

COMPANY: ___________________________ SIGNATURE: __________________________

NAME: _______________________________ TITLE: ________________________________

DATE: _______________________________

6. CONTRACT COMPLIANCE

CONTRACT COMPLIANCE REQUIREMENTS

E-QUOTE – GOODS/COMMODITIES

PROJECT NUMBER and PROJECT NAME: 23RFQ139735A-KM

LABORATORY EQUIPMENT MAINTENANCE REPAIR AND CALIBRATION

NON-DISCRIMINATION IN PURCHASING AND CONTRACTING

It is the policy of Fulton County Government that discrimination against businesses by reason of the race, color, gender, or national origin of the ownership of any such business is prohibited.

Furthermore, it is the policy of the Board of Commissioners (“Board”) that Fulton County and all vendors and contractors doing business with Fulton County shall provide to all businesses the opportunity to participate in contracting and procurement paid, in whole or in part, with monetary appropriations of the Board without regard to the race, color, gender or national origin of the ownership of any such business. Similarly, it is the policy of the Board that the contracting and procurement practices of Fulton County should not implicate Fulton County as either an active or passive participant in the discriminatory practices engaged in by private contractors or vendors seeking to obtain contracts with Fulton County.

REQUIRED FORM

In order to be compliant with the intent and provisions of the County’s Non-Discrimination in Purchasing and Contracting Policy, Bidders must complete and upload the completed Contract Compliance Requirements document.

WORK CATEGORY: GOODS

BUSINESS CLASSIFICATION

The firm that will provide the scope of work/service(s) IS NOT□, IS□ a Minority or Female owned and controlled business enterprise. Check the appropriate box.

□African American (AABE)

□Asian American (ABE)

□Hispanic American (HBE)

□Native American (NABE)

□White Female American (WFBE)

□Small Business (SBE)

□Service Disable Veteran (SDVBE)

□Disadvantage Business (DBE)

**If yes, Bidder must submit a copy of recent certification with a governmental agency (i.e., Fulton County, City of Atlanta, MARTA, etc.,) or professional organization (i.e. GSMDC, WBENC, SBA, etc.).

□ Male or □ Female (Check the appropriate box)

EXHIBIT A – PROMISE OF NON-DISCRIMINATION

“Know all persons by these presents, that I/We ( ), Name

Title Company Name Hereinafter “Company”, in consideration of the privilege to bid on or obtain contracts funded, in whole or in part, by Fulton County, hereby consent, covenant and agree as follows:

1. No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin or gender in connection with any bid submitted to Fulton County for the performance of any resulting there from,

2. That it is and shall be the policy of this Company to provide equal opportunity to all businesses seeking to contract or otherwise interested in contracting with this Company without regard to the race, color, gender or national origin of the ownership of this business,

3. That the promises of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption,

4. That the promise of non-discrimination as made and set forth herein shall be made a part of, and incorporated by reference into, any contract or portion thereof which this Company may hereafter obtain,

5. That the failure of this Company to satisfactorily discharge any of the promises of non-discrimination as made and set forth herein shall constitute a material breach of contract entitling the Board to declare the contract in default and to exercise any and all applicable rights and remedies, including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and/or forfeiture of compensation due and owning on a contract; and

6. That the bidder shall provide such information as may be required by the Director of Purchasing & Contract Compliance pursuant to Section 102-436 of the Fulton County Non- Discrimination in Purchasing and Contracting Policy.

NAME: _________________________________ TITLE:

SIGNATURE:

ADDRESS:

PHONE NUMBER: _____________________ EMAIL: _______________________

STATE OF GEORGIA

COUNTY OF FULTON

FORM 1: GEORGIA SECURITY AND IMMIGRATION CONTRACTOR AFFIDAVIT AND

AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A.

13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________________________________ on behalf of Fulton County Government has registered with and is participating in a federal work authorization program*,1 in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services to this contract with Fulton County Government, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10- 01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Fulton County Government at the time the subcontractor(s) is retained to perform such service.

EEV/Basic Pilot Program* User Identification Number

BY: Authorized Officer of Agent (Insert Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

Sworn to and subscribed before me this ______ day of _________________, 20__.

Notary Public: ________________________________

County: _____________________________________

Commission Expires: __________________________

1*[Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603].

STATE OF GEORGIA

COUNTY OF FULTON

FORM 2: GEORGIA SECURITY AND IMMIGRATION SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________________________________behalf of Fulton County Government has registered with and is participating in a federal work authorization program*,2 in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

EEV/Basic Pilot Program* User Identification Number

BY: Authorized Officer of Agent (Insert Subcontractor Name)

Title of Authorized Officer or Agent of Subcontractor

Printed Name of Authorized Officer or Agent

Sworn to and subscribed before me this ______ day of _________________, 20__.

Notary Public: ________________________________

County: _____________________________________

Commission Expires: ___________________________

2*[Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603].