Annual Contract for Stormwater Pipe Work _ RF.pdf

REQUEST FOR BIDS

ANNUAL CONTRACT FOR STORMWATER PIPE WORK

Bid ID: 2024-SW-21

July 2024

Virtual Teams Bid Opening Meeting: Tuesday, September 3, 2024, at 2:00 pm (local time)

In-Person MANDATORY Pre-Bid Meeting: Tuesday, August 20, 2024, at 2:00 pm (local time) Clayton County Water Authority Marie Barber Community Use Room 1600 Battle Creek Road Morrow, GA 30260

This solicitation offers a SLBE BID DISCOUNT

Clayton County Water Authority July 2024 Annual Contract for Stormwater Pipe Work

Table of Contents i

Division 1 General Information Section 1 Request for Bids ................................................................................ 1-1.1 Section 2 General Overview .............................................................................. 1-2.1

2.1 Intent and Purpose ................................................................. 1-2.1

2.2 Bid Evaluation ......................................................................... 1-2.2

2.3 Addendum .............................................................................. 1-2.3

Division 2 Bid Requirements Section 1 Instructions to Bidders ....................................................................... 2-1.1 Section 2 Risk Management Requirements ...................................................... 2-2.1 Section 3 Bid Submittals ................................................................................... 2-3.1 Section 4 Bid Form .......................................................................................... 2-4.1 Section 5 Georgia Bid Bond .............................................................................. 2-5.1 Section 6 Bidder Qualification Information ........................................................ 2-6.1 Section 7 Contractor Affidavit & Agreement ...................................................... 2-7.1 Section 8 Small Local Business Enterprises (SLBE) – General Information ..... 2-8.1

Division 3 Contract Forms Section 1 Agreement Form................................................................................ 3-1.1 Section 2 Performance Bond ........................................................................... 3-2.1 Section 3 Payment Bond ................................................................................. 3-3.1 Section 4 Non-Collusion Certificate ................................................................... 3-4.1 Section 5 Certification of Absence of Conflict of Interest ................................... 3-5.1

Division 4 Specifications Section 1 Work Assignment and Measurement ................................................ 4-1.1

1.1 General ................................................................................... 4-1.1

1.2 Work Assignment .................................................................... 4-1.1

1.3 Work Items and Measurement ................................................ 4-1.2 Section 2 Material Requirements ...................................................................... 4-2.1

2.1 General ................................................................................... 4-2.1

2.2 Reinforced Concrete Pipe (RCP) ............................................ 4-2.1

2.3 High Density Polyethylene (HDPE) Pipe and Fitting ............... 4-2.2

2.4 Polypropylene (PP) Pipe and Fitting ....................................... 4-2.3

2.5 Corrugated Metal Pipe ............................................................ 4-2.4

2.6 Utility Marking Tape ................................................................ 4-2.5

2.7 Pavement Striping Tape ......................................................... 4-2.5

2.8 Concrete Structures ................................................................ 4-2.6

2.9 Manhole Invert Sealing Compound ......................................... 4-2.9 ii

2.10 Concrete and Reinforcement .................................................. 4-2.10

2.11 Grout ....................................................................................... 4-2.11

2.12 Brick and Mortar ..................................................................... 4-2.11

2.13 Asphalt .................................................................................... 4-2.11

2.14 Construction Stone ................................................................. 4-2.12

2.15 Pipe Collar (Anti Seep) ........................................................... 4-2.12

2.16 Erosion and Sedimentation Control Materials ......................... 4-2.13 Section 3 Construction Standards ..................................................................... 4-3.1

3.1 General .................................................................................. 4-3.1

3.1.1 Project Submittals ..................................................... 4-3.1

3.1.2 Differing Subsurface or Physical Conditions ............. 4-3.2

3.1.3 Weather Delays ......................................................... 4-3.3

3.1.4 Land Disturbance Permits ......................................... 4-3.4

3.1.5 Site Access and Work Times ..................................... 4-3.4

3.1.6 Site Safety and Precaution ........................................ 4-3.5

3.1.7 Construction Facilities and House Keeping ............... 4-3.6

3.1.8 Temporary Utilities .................................................... 4-3.6

3.1.9 Material Handling and Storage .................................. 4-3.7

3.1.10 Material Testing Services .......................................... 4-3.8

3.2 Site Work ................................................................................ 4-3.8

3.2.1 General ..................................................................... 4-3.8

3.2.2 Traffic Control ............................................................ 4-3.9

3.2.3 Clearing and Grubbing .............................................. 4-3.9

3.2.4 Topsoil Stockpiling .................................................... 4-3.10

3.2.5 Existing Utilities ......................................................... 4-3.10

3.2.6 Removing Pavement ................................................. 4-3.10

3.2.7 Grading ..................................................................... 4-3.11

3.2.8 Erosion Control .......................................................... 4-3.12

3.2.9 Clean-Up ................................................................... 4-3.12

3.3 Flow Interruption ..................................................................... 4-3.12

3.4 Dewatering.............................................................................. 4-3.14

3.5 Excavation .............................................................................. 4-3.14

3.5.1 Shoring ...................................................................... 4-3.14

3.5.2 Pit and Trench ........................................................... 4-3.14

3.5.3 Rock .......................................................................... 4-3.15

3.6 Pipe Work ............................................................................... 4-3.16

3.6.1 Bedding ..................................................................... 4-3.16

3.6.2 Pipe Installation ......................................................... 4-3.17 iii

3.6.3 Pipe Collar ................................................................. 4-3.18

3.6.4 Pipe Testing .............................................................. 4-3.18

3.7 Manhole Work ......................................................................... 4-3.19

3.7.1 New Manhole Installation .......................................... 4-3.19

3.7.2 Invert Construction .................................................... 4-3.20

3.7.3 Manhole Testing ........................................................ 4-3.21

3.8 Backfill and Compaction ......................................................... 4-3.21

3.8.1 Backfill ....................................................................... 4-3.21

3.8.2 Compaction ............................................................... 4-3.22

3.8.3 Compaction Testing .................................................. 4-3.23

3.9 Asphalt and Concrete Placement ........................................... 4-3.23

3.9.1 Asphalt Placement .................................................... 4-3.23

3.9.2 Concrete Placement .................................................. 4-3.24

3.9.3 Concrete Testing ....................................................... 4-3.24

3.10 Demolition ............................................................................... 4-3.25

3.10.1 Bulkhead ................................................................... 4-3.25

3.10.2 Remove ..................................................................... 4-3.25

3.10.3 Grout Fill ................................................................... 4-3.26

3.10.4 Gravel Fill .................................................................. 4-3.26

3.11 Acceptance ............................................................................. 4-3.26 Details

1. Pipe Depth at Edge of Pavement

2. Pipe Installation on Grade (Gravity Flow, HDPE, PP)

3. Pipe Installation on Grade (, RC, CM,)

4. Pipe Collar

5. Pipe Detection Installation

6. Manhole Sections

7. Doghouse Manhole Sections

8. Steel Traffic Plate

9. Asphalt Replacement at Excavation

10. Slab on Grade

11. Standard Catch Basin 1033D

12. Standard Catch Basin 1034D

13. Standard Flared End Sections for Pipe 1120

14. Standard Safety End Section 1122

15. Standard Tapered Inlet/Outlet Headwall 1125

16. Brick Wall Construction iv

Attachments: • Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment.

• Waiver and Release of Lien and Payment Bond Rights Upon Final Payment.

• W-9 Form.

• Vendor Form.

• Bid Package Label

Addenda None issued at this time.

END OF TABLE OF CONTENTS

Section 1: Request for Bids

1-1.1

Clayton County Water Authority 1600 Battle Creek Road Morrow, Georgia 30260

Name of Project: Annual Contract for Stormwater Pipe Work.

The Clayton County Water Authority will open sealed bids from licensed utility contractors via a virtual Teams meeting, at its office located at 1600 Battle Creek Road, Morrow, Georgia 30260, on Tuesday, September 3, 2024, at 2:00 p.m. (local time) for the Annual Contract for Stormwater Pipe Work. Any bids received after the specified time will not be considered. Please note this bid will be evaluated based on a selected work items list. If you would like to obtain a copy of this list, please send an email to ccwa_procurement@ccwa.us by Tuesday, September 3, 2024, at 12:00 p.m.

To attend the Bid Opening virtual meeting, please use the following call-in instructions:

Join Microsoft Teams Meeting Toll number: +1 912-483-5368 Conference ID: 702 437 224#

A Mandatory Pre-Bid Meeting will be held in person on Tuesday, August 20, 2024, at 2:00 p.m. (local time), at the Clayton County Water Authority’s Marie Barber Community Use Room, located at 1600 Battle Creek Road, Morrow, Georgia 30260. Bids will only be accepted from Bidders who attend the Mandatory Pre-Bid Meeting. Contractors must sign in no later than 2:00 p.m. local time. All late entries will not be able to sign in.

CCWA encourages Small Local, Minority and Women-Owned business to participate and respond to this bid request.

To promote responsible environmental practices the bid package is available in electronic (Adobe PDF) format and can be requested by sending an email to ccwa_procurement@ccwa.us.

A hardcopy bid package can also be requested at a cost of $25.

By: Dr. Cephus Jackson, Chairman

END OF SECTION

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Section 2: General Overview

1-2.1

2.1 Intent and Purpose

The Clayton County Water Authority (CCWA) intends to contract for the annual services of experienced licensed utility contractor(s) to complete work in stormwater gravity pipe flow systems and structures. The stormwater gravity pipe flow systems can range in sizes from 4 inches in diameter up to 108 inches in diameter. Piping material ranges from corrugated metal pipe (CMP), high density polyethylene corrugated dual walled pipe (HDPE), polypropylene corrugated dual walled pipe (PP), and reinforced concrete pipe (RCP).

CCWA is implementing a 10-year strategic master plan that has a large focus on replacement and renewal of our water, sewer, and stormwater pipelines. A substantial portion of the nearly $14 million per year of planned work on these projects is executed through our annual service pipe contracts, including this contract. For annual services related stormwater pipe work, it has been our experience, over the last several years, that we have kept a continuous assignment of work to our annual pipe contractors. In fiscal years 2022 and 2023, $2.78 million and $3.11 million worth of stormwater projects were completed, respectively. CCWA anticipates that the annual value of work to be completed through this contract will be in the range of 2.5 to 3.5 million dollars.

The CCWA reserves the right to select multiple Contractor(s) to ensure that our requests under this annual contract can be performed as needed.

The work to be performed under this contract will be determined and assigned by CCWA on an “as-needed”, “when-needed” basis, and will be issued in the form of a Project Work Order. A Project Work Order may include a single work item or may include several work items. In general, assigned work orders consist of replacing an entire piping system and associated structures that can include piping, manholes, catch basins, headwalls, removal/replacement of asphalt, concrete structures, site fencing and landscaping renovations. Figure 1 below provides an example of such work.

1-2.2

Figure 1 – Typical Stormwater Replacement

CCWA does not guarantee any minimum or maximum work quantities under this contract and reserves the right to procure by other means any similar type of work of this contract as a separate procurement at its sole discretion.

Where a Project Work Order in an amount of $100,000 or more, for work considered “Public Works” is issued as defined by O.C.G.A. § 36-91-2, Payment and Performance Bonds will be required prior to the commencement of that work.

The initial term of this contract will be for one year, from November 1, 2024 through October 31, 2025. Upon written mutual consent from both parties, the contract will have renewal options for up to four (4) 12-month periods. The contract allows for a renewal adjustment as outlined in Division 3, Section 1, Clause 4, titled "Renewal Adjustments."

1-2.3

2.2 Bid Evaluation

A contract will be awarded to the lowest responsive responsible bidders whose bid conforms to the Request for Bids specifications and will be the most advantageous to the CCWA. An evaluation will also be performed to ensure the bidder complies with the required submittals. Determination of the lowest responsive responsible bidder will be the sole judgment of the CCWA.

Contractors will be included in a rotation list, starting with the lowest responsive and responsible bidder, and will be contacted to provide services as required. This rotation system aims to ensure an equitable distribution of work and a prompt response to service requests. Contractors are expected to respond promptly to service calls and complete the work within the agreed-upon timeframe. However, the requesting department retains the discretion to bypass the rotation if it is deemed not in the best interest of the Water Authority.

To be considered responsive to this bid, bidders are required to bid on all work items listed on the Bid Form – Pay Item Schedule.

Prior to the time of Bid Opening, CCWA will provide to each bidder a list of “quantities”, for “selected work items”, that will be used for bid evaluation purposes.

CCWA will multiply the unit cost for each “selected work Item” by the “quantity” to establish an “extended” amount. The addition of all “extended” amounts will determine the “total bid amount”. To obtain a copy of this list please refer to Division 1 Section 1.

Note that not all “work items” as shown on the Bid Form - Pay Item Schedule will be used in the bid evaluation process. Work items on the Bid Form – Pay Item Schedule not used in the award evaluation process will be examined by the CCWA to ensure that the unit prices are in line with comparable items contained in this bid and that any unit price that appears to be out of line may be used by the CCWA as a basis of denial/award of the particular bid, and/or the unit price may be negotiated by CCWA. This determination will be at the sole discretion of CCWA.

1-2.4

Small Local Business Enterprise (SLBE) bid discount:

This procurement has a SLBE bid discount for evaluation purposes only, which will be given to CCWA certified SLBE primes only. For more details, please refer to Division 2, Section 8 of this bid package.

2.3 Addendum

Bidders may submit questions regarding this bid prior to the bid opening. To be considered, all questions must be received in writing via email at CCWA_Procurement@ccwa.us by Thursday, August 22, 2024, at 2:00 p.m.

(local time). All responses to bidders’ questions will be issued in the form of an Addendum by email. All addenda issued shall become part of the Bid Documents.

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.1

These instructions are to be followed by every entity bidding to provide the Clayton County Water Authority (CCWA) with goods and/or services. These instructions constitute an integral part of the Bid, and any Bidder agrees that tender of a Bid constitutes acknowledgment and acceptance of its obligation to adhere to these instructions, which are to be incorporated into and considered part of any contract the Bidder ultimately executes with the CCWA.

1. If there is any question whatsoever regarding any portion of the specifications, it shall be the Bidder’s responsibility to seek clarification immediately from the CCWA, as early as possible prior to the bid opening. Regarding public works projects, requests for interpretations of specifications must be made in writing to the department proposing out the project not later than five (5) days prior to receipt of bids.

2. Unless it is otherwise stated in the bid documents, it shall be the responsibility of the bidder to inform itself as to all conditions of the work site and to make and take account thereof in calculating and submitting its bid. Documents may be made available by the CCWA during the bidding process; no warranty of accuracy is made in regard to these documents, and it is the responsibility of the bidder to make its own investigations as to the nature of the work and the conditions under which it shall be performed, and to make its own independent assumptions as to these matters. The burden of anticipating unforeseen circumstances, either hidden or latent, and the conditions of the work site and all related circumstances, and the cost of accommodating therefore should unanticipated circumstances be later encountered shall rest upon the bidder.

3. Pre-bid meeting or any other information session will be held at the location as indicated in the solicitation. Unless indicated otherwise, attendance is not mandatory, although vendors are strongly encouraged to attend. However, in the event the meeting is mandatory, then a representative of the vendor must attend the meeting in its entirety to be considered eligible for solicitation award.

Late entry to the meeting will not be allowed.

4. In the event that, after the acceptance of a bid by the Board of Directors of the CCWA, any unsuccessful bidder wishes to contest such action, a written “Notice of Contest” must be filed with the Chief Executive Officer no later than close of business on the 5th business day after the selection of successful bidder by the Board. Failure to timely file such notice shall forever preclude the

2-1.2 filing of a contest of the award, or any civil action in the courts of the State of Georgia or of the United States.

5. Information submitted by the Bidder in the bid process shall be subject to disclosure after bid award in accordance with the Georgia Open Records Act.

Proprietary information must be identified and be accompanied by a signed affidavit outlining the redacted information. Entire bids may not be deemed proprietary.

6. Bids must be made on the enclosed Bid Form. Unless otherwise requested, one (1) original and at least two (2) copies of the Bid Form need to be submitted, and these copies must be typewritten or printed in ink. All copies of any Bid Forms must be signed in ink by the person or persons authorized to sign the Bid Form. The person signing the Bid Form must initial any changes or corrections.

7. The name of the person, firm, or corporation making the Bid must be printed in ink, along with the Bidder’s signature, on all separate sheets of the Bid Form.

If a Bid is made by an individual, his name and post office address must be shown. If made by a firm, or partnership, the name and the post office address of each member of the firm or partnership must be shown. If made by a Corporation, the person or persons signing the Bid must show the name of the State under the laws of which the Corporation is chartered and his, or their authority for signing same. The names, titles and addresses of the President, Secretary and the Treasurer and the corporate authority for doing business in this state shall be listed and returned with the Bid Form.

8. All Bids must be hand delivered, delivered by courier service, or mailed via the United States Postal Service. No facsimiles will be accepted. The person, firm, or corporation making the Bid shall submit it in a sealed envelope on or before the date and time specified in the Bid package. The envelope shall be marked “Sealed Bid” and carry the Bid title, and date and time of opening as set forth in the Bid package. The envelope shall also bear the name of the party making the Bid and the party’s address. Address Bids to Clayton County Water Authority, 1600 Battle Creek Road, Morrow, Georgia, 30260. Even if a Bid is not submitted, the Bid Form should be returned signed and with an explanation, otherwise the result will be deletion from the mailing list.

2-1.3

9. If published price books are a part of your Bid, one price book must be included with your Bid Form, and the successful Bidder is required to furnish additional current price books after award of the Bid.

10. Alterations to the documents are strictly prohibited and shall result in automatic disqualification of the Bidder's bid. If there are "exceptions" to the specifications or comments to any of the solicitation requirements or other language, then the bidder may ask questions regarding those requirements or submit additional documentation as to the variation from the specifications but may not alter any of the language contained in the solicitation.

11. In the case of goods, the person, firm or corporation making the Bid may Bid all items. All items may be considered separately, at the discretion of the

CCWA.

12. Bids for public works whose price exceeds $100,000.00 must be accompanied by a certified check, cashier's check, or acceptable bid bond in an amount not less than five percent (5%) of the amount bid.

13. Bidders for construction contracts where the laws of Georgia or the United States of America require a license in order to perform such construction must list the license number and class on the face of the bid envelope and must enclose copies of any required license with the bid.

14. When public work is let out for bid, no person shall prevent or attempt to prevent competition in such bid. Such bidders must make an oath filed with the officer who makes payments under the contract that they have not prevented or attempted to prevent competition in the bid process. Such oath must be signed by: if a partnership, all partners and any officer or agent or other person who acted on the partnership’s behalf during the bid process; if a corporation, all officers, agents, or other persons who acted for the corporation in the bid process.

15. Bids shall not be withdrawn or cancelled by the bidder past the bid opening date and time. The bidder may make modifications/corrections to the bid by submitting a corrected seal bid but only if the change is prior to the bid opening.

The corrected document should be clearly marked that it supersedes the bid originally submitted. No modification or corrections will be allowed subsequent to the bid opening.

2-1.4

16. By tendering a bid, a Bidder agrees to leave the bid open for acceptance by the CCWA for sixty (60) days after the date set for the opening thereof.

17. By tendering a bid, the bidder certifies that the bidder has carefully examined these instructions and the terms and specifications applicable to and made a part of the bid. The Bidder further certifies that the prices shown in any schedule of items on which the Bidder is proposing are in accordance with the conditions, terms and specifications of the bid and that they are aware that any exception taken thereto may disqualify the bid. Bidders are required to inform themselves fully as to the availability of materials and the conditions relating to construction and labor under which any work will be or is now being performed. No error or misjudgment nor any lack of information on local conditions, general laws or regulations on the part of the Bidder shall merit withdrawal of the bid.

18. Copies of all communication pertaining to bids must be sent to the CCWA Procurement and Compliance Section.

19. The purpose of this bid is to establish contract prices. Unit price extension and net total must be shown if applicable. Cash discounts should be indicated separately. Any applicable sales taxes should be included in the unit prices for all materials to be provided by the successful Bidder.

20. Bidders are hereby notified and agree by submission of a Bid Form that if additional items not listed in the Bid Form become necessary and require unit prices not established by the Bid Form, the unit prices of such items shall be negotiated and shall be directly proportional to the established unit prices of similar items in the Bid Form.

21. All prices on goods shall be for delivery, our destination, F.O.B. destination freight prepaid Jonesboro, Georgia, and/or Morrow, Georgia, unless otherwise shown. Any deliveries shall be made as needed and requested throughout the contract period.

22. Quantities when shown are estimates only, based on anticipated needs. The CCWA reserves the right to purchase more or less based on actual need at contract price. If a Bidder intends to offer minimum or maximum shipment quantities, such intent and such quantities should be specified on the Bid Form.

Otherwise, none will be assumed.

2-1.5

23. The time for completion of the work is stated in the Bid Form. Failure to complete the work within this period shall result in payment to the CCWA of liquidated damages in an amount provided for by contract for each calendar day in excess of the Contract time.

24. The Bidder must employ such methods and means in carrying out the work as will not cause any interruption of or interference with any other Contractor.

25. The successful Bidder must comply with the applicable Risk Management Requirements prior to beginning performance, and during the contract period.

26. The Contract between the CCWA and the Contractor shall be executed on a form provided by CCWA and will be subject to all requirements of the contract documents (which include but may not be limited to the Contract, these instructions, any Purchase Orders, and the Risk Management Requirements), and shall form a binding contract between the contracting parties.

27. Failure to execute the Contract, any required Surety Performance and Payment Bonds, or to furnish any required satisfactory proof of carriage of required insurance within ten (10) days from the date of notice of award of the Contract shall be just cause for the annulment of the award and for forfeiture of the bid guaranty to the CCWA, not as a penalty, but in liquidation of damages sustained. At the discretion of the CCWA, the award may then be made to the next lowest responsible vendor, or the work may be re-advertised or constructed by the CCWA.

28. Any Contract and Contract Bonds shall be executed in duplicate.

29. Award of this bid shall be by action of the CCWA Board at its regular monthly meeting.

30. The CCWA reserves the right, with or without notice or cause, to accept any bid regardless of the cost thereof; to reject any bid, or any number of bids; to negotiate with any Bidder for a reduction of or alterations in its bid; to reject all bids and to call for additional bids upon the same or different invitations to bid, plans or specifications; to be sole judge, in its discretion, on all questions as to whether or not a bid complies with the invitation to Bid, the plans or the specifications, and as to the solvency and sufficiency of any and all sureties on all bonds.

2-1.6

31. The apparent low bid for goods shall be considered to be the lowest aggregate total price of specified products at their unit prices times the estimated required quantities of these specified products. All bids should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of error(s).

32. Bids received from two (2) or more vendors that are identical in price, delivery and meet the requirements of the bid specifications shall be awarded on the following basis:

a. The bid submitted by a vendor who does not have a documented negative vendor performance record.

b. The bid submitted by a vendor who is located within Clayton County.

c. The bid submitted by a vendor who is certified by our Small Local Business Enterprise Program.

d. If the tie bids meet all the above criteria, and it is not in CCWA’s best interest (at its sole discretion) to split the award, the bid award is based on the toss of a coin by CCWA staff in a public session. The vendors involved will be invited to attend the coin toss at a stated date and time.

One or more witnesses from both CCWA Procurement and the Request Department may be present. A simple coin toss (called by the vendor listed first in the alphabet) will break the tie and decide the award.

33. While price is the prime criteria, and the CCWA intends to purchase at the lowest responsible bid available, price shall not be the sole criteria utilized by the CCWA in evaluating the bid package submitted. The following criteria shall also be utilized by the CCWA in determining the lowest responsible bid:

a. Ability of Bidder to perform in the time frame needed by the CCWA.

b. Reputation of the Bidder in its industry.

c. Reasonableness of the bid in relation to anticipated costs.

d. Ongoing relationships with the CCWA based on above-average prior performance of work with CCWA.

2-1.7

34. Bidders are notified that CCWA reserves the right except in the case of public works contracts to include among the factors considered in awarding the contract the proximity of each Bidder's place of business to any affected Authority facility. CCWA further reserves the right to award the contract to a Bidder other than the Bidder offering the lowest price where: (a) the difference in price between the low Bidder and the preferred Bidder is nominal: and (b) CCWA's Board determines that the preferred bid provides the most cost-effective option due to the closer proximity of the preferred Bidder's place of business to the affected Authority facility or facilities. In such a situation, by responding to this bid, the Bidder waives any cause of action against CCWA for frustration of bid or under any similar legal theory; furthermore, the Bidder agrees to pay all costs and expenses, including but not limited to attorney fees, incurred by CCWA in defending against any such claim.

35. It is the policy of the Clayton County Water Authority (CCWA) to promote award of sub-agreements for goods and/or services to qualified minority and women-owned businesses. Bidders are encouraged to solicit minority and women-owned businesses whenever they are potential sources.

36. Bidders are encouraged to utilize the services and assistance of the U.S. Small Business Administration (SBA), and the office of the Department of Commerce Minority Business Development Agency (MBDA). These agencies can provide assistance in securing the names of qualified minority and women-owned businesses. Additionally, it is encouraged that bidders access certified Small Local Business Enterprise (SLBE) vendors from Clayton County, DeKalb County, and City of Atlanta.

The Georgia Department of Transportation (DOT) has established a list of qualified Disadvantaged Business Enterprises. Information is available online under the tab for “Directories”, link for “UCP Directory - Excel” at:

http://www.dot.ga.gov/PS/Business/DBE.

The successful Bidder will be asked to provide, along with his Request for Payment each month, a list of qualified SLBE and MBE/WBE businesses utilized on this Project.

http://www.dot.ga.gov/PS/Business/DBE

2-1.8

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

37. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300-10-02 are conditions of this bid and contract document. The Contractor further agrees that such compliance shall be attested by the Contractor and any of his Subcontractors by execution of the appropriate Affidavit and Agreement included after the Agreement Form of these documents.

Section 2: Risk Management Requirements

2-2.1

The Contractors and any potential CCWA approved Subcontractors will provide minimum insurance coverage and limits as per the following:

The Contractor/Subcontractor will file with the Clayton County Water Authority (the “Authority”) Certificates of Insurance, certifying the required insurance coverage and stating that each policy has been endorsed to provide a minimum of thirty (30) day advance written notice to the Authority in the event of cancellation, material change, or nonrenewal of policies required under the contract to the Authority. All bonds and insurance coverage must be placed with an insurance company approved by the Authority, licensed, or approved to do business in the State of Georgia, and rated Secure (“A-”, “VII” or better) by A.M. Best’s Insurance Guide throughout the duration of the contract. The letter denotes the company’s financial strength, and the Roman numeral represents the financial size of the carrier. Worker’s Compensation self-insurance for individual Contractors must be approved by the Worker’s Compensation Board, State of Georgia and/or Self-Insurance pools approved by the Insurance Commissioner, State of Georgia. The insurer shall agree to waive all rights of subrogation against the Authority, its elected or appointed officers, officials, agents, authorized volunteers, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Authority, but this provision applies regardless of whether the Authority has received a waiver of subrogation from the insurer.

As the Risk Management Requirements herein are minimum required insurance coverage and limits, the Authority’s Risk Manager may require additional and/or increase in coverage and limits driven by the complexity of the relevant contract.

The Authority requires insurance on an “occurrence” basis whenever possible. Policies written on a “claims made” basis (e.g. cyber, professional liability and pollution liability) require the inclusion of the following provisions:

(a) The retroactive date must be shown on the certificate of insurance (or provided a copy of the declarations page showing it).

(b) Insurance must be maintained for at least two (2) years after completion of the work and/or contract.

(c) If coverage is canceled or non-renewed after the work has been completed and/or the contract has ended, the contractor/subcontractor must purchase the extended reporting period for at least two (2) years.

Section 2: Risk Management Requirements

APPLICABLE TO ALL CONTRACTS AS APPLICABLE (Marked with an “X”)

2-2.2

Worker’s Compensation – Required for all contracts, including any sole proprietor, individual consultants, or small businesses.

Worker’s Compensation coverage on a statutory basis for the State of Georgia with an Employer’s Liability MINIMUM limits of $500,000 bodily injury for each Accident, $500,000 bodily injury for each Disease, and $500,000 bodily injury by Disease for each Employee. Other States: If any work is performed out of state including any remote workers, then those states must be covered as well. Maritime endorsements: If there is an exposure of injury to any contractors or providers to any maritime exposures then coverage shall include the appropriate endorsements such as USL&H (United States Longshore and Harbor Workers Comp Act), Jones Act or other federal statutes. Waiver of subrogation: The insurer agrees to waive all rights of subrogation against the Authority, its elected or appointed officers, officials, agents, authorized volunteers, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Authority, but this provision applies regardless of whether or not the Authority has received a waiver of subrogation from the insurer. An umbrella policy may increase the employer’s liability limits to meet the minimum requirements.

Commercial General Liability – Required for all contracts. Coverage to be provided on “occurrence” not “claims made” basis. The coverage is to include Contractual liability, Per Project Limit of Liability and the “Clayton County Water Authority” is to be added as an Additional Insured and Products and Completed Operations coverage is to be maintained for three (3) years following

Crime Liability – Required for all contracts involving any use, care, custody, or control of any cash, money, securities, and/or wire transfers.

Any use of crypto currencies must be pre-approved by the Risk Management Department.

Cyber Liability – Required for all software, computer hardware installation, data access, data integrations, data usage, cloud storage, SaaS, and or technology related contracts.

Coverage shall include the minimum: a) Information Security & Privacy Liability; b) Regulatory Fines and Penalties; c) Payment Card Industry (PCI) if credit cards and/or banking information is obtained or accessed, and d) Ransomware. Since cyber insurance policies are written on a claims-made basis, insurance must be maintained for at least two (2) years after completion of the work and/or contract.

Professional Liability Insurance (Errors & Omissions) – Required for all professional service contracts. This shall include any consultants, medical, legal, technical, insurance agents, or other professions that require proper licenses. Since professional insurance policies are written on a claims-made basis, insurance must be maintained for at least two (2) years after completion of the work and/or contract.

Terrorism Liability – Required on specific contracts stated by the Risk Management Department including but not limited to: 1) all contracts involving access or use of any water, gas, electric utilities shall require third parties to have TRIA and third-party liability limits of at least $5,000,000; and 2) all special events that are highly visible, politically sensitive, or have more than 1,000 attendees should require at least $1,000,000 of terrorism liability for any event sponsors.

Section 2: Risk Management Requirements

APPLICABLE TO ALL CONTRACTS AS APPLICABLE (Marked with an “X”)

2-2.3 completion of work. The general aggregate and products & completed operations aggregate should be at least twice the minimum required occurrence limit. Policy shall be written on an Insurance Services Office (ISO) industry form CG0001 2010 or newer. Contracts involving any youths or children under 18 should also be required to provide proof of coverage for sexual abuse & molestation coverage that it is either;

clearly not excluded on the general liability or purchased as a stand-alone policy. Should the coverage be on a claims-made basis, insurance should remain in force for the life of the contract and up to the date to which the youngest youth/child at the start of the contract turns age 18 plus two years.

Automobile Liability – Required for all contracts except for products or services that are remote only or are delivered by a professional delivery service. ISO policy form CA0001 or its equivalent liability coverage. Coverage shall be included for any owned, leased, hired, or non-owned autos (ISO symbol 1 is preferred). For any contracts involving the transportation of hazardous materials, limited pollution endorsement ISO form CA9948 or its equivalent shall be on the policy. Sole proprietors shall provide the same limits as stated above via a personal auto policy plus an umbrella. Uninsured motorist coverage should be equal to the per occurrence limit except for contracts with other governmental entities.

Aviation Liability – Required for all Drones/UAV (Unmanned Aerial Vehicles), general aviation contracts, and Fixed base operators (FBO). Coverage should include owned, hired, and non-owned aircraft/aviation.

Liquor Liability – Required for all third-party services and contracts involving selling, distributing, or serving alcohol. Coverage should be full liquor liability and not “host” liquor if it is being sold.

Sexual Abuse & Molestation Liability – Required for all contracts and services involving youths, children, special needs, or senior citizens. Must be maintained for at least two (2) years after completion of the work and/or contract.

Builder’s Risk – Recommended for most construction projects. The limit of coverage should be equal to the value of the contract or GREATER. Covered perils should be at least fire, wind, theft, vandalism, flood, and earthquake.

Umbrella Liability – Recommended for all contracts. The umbrella or Excess Liability Policy may be used to combine with underlying policies to obtain the limits required. The Management of the Authority may elect to require higher limits.

The underlying coverage shall be General Liability, Automobile Liability, and Employers Liability (Workers Compensation). Concurrent policy dates with primary liability policies except for Workers Compensation.

MINIMUM LIMITS OF LIABILITY ON NEXT PAGE

Section 2: Risk Management Requirements

2-2.4

INSURANCE COVERAGE LIMIT

Worker’s Compensation Bodily Injury by Accident - Each Accident $500,000 Bodily Injury by Disease – Each Disease $500,000 Bodily Injury by Disease – Each Employee $500,000

Commercial General Liability

General Aggregate $2,000,000 Products & Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Damages to Premises / Fire Legal $500,000 Medical Payments $5,000

Automobile

Combined Single Limit OR $1,000,000 Per Person $500,000 Per Occurrence $500,000 Property Damage $100,000 Medical Payments $1,000

Crime

Employee Dishonesty $1,000,000 Funds Transfer Fraud $1,000,000 Money & Securities $100,000 Computer Crime $1,000,000 Social Engineering or its equivalent $100,000

Cyber Insurance

Each Claim/Wrongful Act $1,000,000 Annual Aggregate $2,000,000 Business Interruption $1,000,000 Data Recovery $1,000,000 Cyber Extortion Expenses $500,000 Cyber Extortion/Ransom Payments $50,000

Professional Liability Each Claim/Wrongful Act $1,000,000 General Aggregate $2,000,000

Terrorism Access/use of water, electric or gas utilities $5,000,000 Special events $1,000,000

Aviation Each Occurrence $5,000,000 Automobile Liability $1,000,000 Pollution Liability (FBOs Only) $1,000,000

Liquor Each Occurrence $1,000,000 General Aggregate $2,000,000

Sexual Abuse & Molestation Each Claim/Wrongful Act $1,000,000 General Aggregate $2,000,000

MINIMUM LIMITS OF LIABILITY

Section 3: Required Bid Submittals

2-3.1

3.1 Bid Submittal Requirements:

The following items are required to be included as part of the bid submittal. Failure to include any of these items may result in the bid being deemed non-responsive.

A. Bid Form – Pay Item Schedule. Bidders must submit a hard copy of their completed and signed Bid Form, as well as an electronic copy in MS Excel on a flash drive. Bidders are responsible for submitting their electronic version on their self-provided flash drive. CCWA will provide the Excel file upon requests emailed to ccwa_procurement@ccwa.us. In case of any discrepancies between the hard copy version and the electronic version, the hard copy version will govern.

Due to the volume of the Bid Form items, no bid amounts will be read out loud at the bid opening; however, copies of the paper submittals will be provided upon request.

B. Bidder Qualification Information Form, including References.

C. Georgia Security and Immigration Compliance Act of 2006 form.

D. Contractor Affidavit and Agreement form.

E. Subcontractor Affidavit form.

If a Contractor/Subcontractor will not be performing any services under this contract, the Contractor/company submitting the bid MUST also complete, sign, date, and have both Affidavit forms notarized and make proper notation of "N/A" - Not Applicable.

CCWA cannot consider any bid which does not include completed affidavits. It is not the intent of this notice to provide detailed information or legal advice concerning the Georgia Security & Immigration Compliance Act of 2006, as amended on May 11, 2009. All Bidders intending to do business with CCWA are responsible for independently apprising themselves and complying with the requirements of that law and its effect on CCWA procurements and their participation in those procurements.

F. CCWA SLBE Certificate and/or required SLBE Forms (as applicable).

An indication of “N/A” for “not applicable” must be noted as appropriate.

G. Non-Collusion Certificate.

H. Certification of Absence of Conflict of Interest.

I. Prime Bidders must provide a copy of their Utility Contractor’s License.

Section 3: Required Bid Submittals

2-3.2

J. Vendor Information Form. Company name must match the W-9 Form.

K. W-9 Form. Company name must match the Vendor Information Form and must be registered with the Georgia Secretary of State.

L. Any other items as required in this RFB including but not limited to the items contained in the Instructions to Bidders, Bid Form and Specifications sections.

M. All addenda issued.

https://ecorp.sos.ga.gov/BusinessSearch

Section 4: Bid Form

2-4.1

Bid of _______________________________________________________________ (Hereinafter "Bidder"), organized and existing under the laws of the State of , doing business as ___________________________________ (insert "a corporation," "a partnership," or "an individual" or such other business entity designation as is applicable).

To the Clayton County Water Authority (hereinafter "Owner").

In compliance with the Request for Bids, Bidder hereby proposes to perform all work for Annual Contract for Stormwater Pipe Work in strict accordance with the Contract Documents as enumerated in the Request for Bids, within the time set forth therein, and at the prices stated below.

By submission of this bid, Bidder certifies, and in the case of joint bid each party thereto certifies as to the party’s own organization that this bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this bid with any other Bidder or with any competitor. Bidder also certifies compliance with the Instructions to Bidders.

In submitting this bid, Bidder certifies Bidder is qualified to do business in the state of Georgia as required by laws, rules, and regulations or, if allowed by statute, covenants to obtain such qualification prior to contract award.

CONTRACT EXECUTION AND BONDS:

The undersigned Bidder agrees, if this bid is accepted, to enter into an Agreement with OWNER on the form included in the Documents to perform and furnish Work as specified or indicated in the Documents for the Contract Price derived from the bid and within the times indicated herein and in accordance with the other terms and conditions of the Documents.

Bidder accepts the terms and conditions of the Documents.

INSURANCE:

Bidder further agrees that bid amount(s) stated herein includes specific consideration for the specified insurance coverages.

2-4.2

CONTRACT TIME:

Bidder hereby agrees to execute the agreement within fourteen (14) calendar days of Notice of Award or as specified by CCWA. Each individual project work order shall be completed within the time period as agreed to by both parties at the time of the individual project work order issuance. If said work is not completed within the time frame stated on the individual project work order, the Contractor shall be liable to pay to the Owner, as liquidated damages the amount of $500.00 per calendar day for each and every day or part of a day thereafter that said work remains substantially incomplete for that particular individual project work order.

ADDENDA:

Bidder acknowledges receipt of the following Addenda:

SURETY:

If Bidder is awarded an individual project work order for a Public Works project that is $100,000 or more in value the Contractor under this construction contract for this Bid, will be required to provide Performance and Payment Bonds prior to the commencement of that individual project work order. Such work shall not commence until proper approval of such bonds has been given by CCWA.

BID:

The undersigned proposes to complete, in all respects, sound and conformable with this Contract Document the work for the amounts as shown on the following Pay Item Schedule.

To be considered responsive to this bid, bidders are…