Copper Tubing for Lake Spivey Project _ RFB.pdf

REQUEST FOR BID

5660’ of 2” Copper Tubing for Lake Spivey Project

Bid ID: 2023-FIN-23

NOVEMBER 2023

Bid Opening Virtual Teams Meeting: Tuesday, December 5, 2023 at 10:00 a.m. local time

Non-Mandatory Virtual Teams Pre-Bid Meeting: Friday, November 17, 2023 at 10:00 a.m. local time

This solicitation has a SLBE BID DISCOUNT

Clayton County Water Authority November 2023

Table of Contents i

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

2.1 Bid Overview ......................................................................1-2.1

2.2 Bid Evaluation ....................................................................1-2.1

2.3 Special Provisions .............................................................1-2.1

2.4 Addendum .........................................................................1-2.2

Division 2 Bid Requirements Section 1 Instructions to Bidders ..................................................................2-1.1 Section 2 Risk Management Requirements (Not Required) Section 3 Bid Submittal Requirements .........................................................2-3.1 Section 4 Bid Form ......................................................................................2-4.1 Section 5 Georgia Bid Bond (Not Required) Section 6 Bidder Qualification Information ...................................................2-6.1 Section 7 Contractor Affidavit & Agreement (Not Required) Section 8 Small Local Business Enterprises (SLBE) General Information ...2-8.1

Division 3 Contract Forms 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 General Requirements ................................................................4-1.1

4.1 General Requirements .......................................................4-1.1

4.2 Delivery Requirements ......................................................4-1.1

Attachments W-9 Form Vendor Information Form Bid Package Label

Addenda All addenda issued.

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: 5660’ of 2” Copper Tubing for Lake Spivey Project.

The Clayton County Water Authority will open sealed bids from vendors via a Virtual Teams Meeting on Tuesday, December 5, 2023 at 10:00 AM (local time) for supplying 5660’ of 2” Copper Tubing for Lake Spivey Project.

Any bids received after the specified time will not be considered.

A Non-Mandatory Pre-Bid Virtual Meeting will be held on Friday, November 17, 2023 at 10:00 AM (local time).

Please use the following call-in instructions to attend both the Pre-Bid and the Bid Opening meetings:

Join Microsoft Teams Meeting Phone Number: +1 912-483-5368 Phone Conference ID: 577 519 745#

CCWA encourages Small Local, Minority and Women-Owned businesses 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 calling 770-960-5223, M-F, 8:00 am - 5:00 pm or by e-mail to ccwa_procurement@ccwa.us.

A hardcopy bid package can also be requested at a cost of $50.

Clayton County Water Authority By: Cephus Jackson, Chairman

END OF SECTION

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDFjNjVkZjYtYTdkMy00YTI5LTkzMzItOTMxZWIwZTk1MTJk%40thread.v2/0?context=%7b%22Tid%22%3a%228fea069c-f6d5-44d1-abd6-59e36bb5e36f%22%2c%22Oid%22%3a%22312cf2dd-2eb5-4f74-a1ec-22139b9a0e3d%22%7d

Section 2: General Information

1-2.1

2.1 Bid Overview

This is an invitation to your firm to submit a sealed bid for providing 5660’ of 2” Copper Tubing to be used on a Project at Lake Spivey, Jonesboro, GA.

The bids shall be delivered or mailed to the Clayton County Water Authority (CCWA), located at 1600 Battle Creek Road, Morrow, Georgia 30260, in a sealed envelope, on or before Tuesday, December 5, 2023 at 10:00 a.m. local time.

Any bids received after this date and time will be considered unresponsive. The envelope shall be marked “Sealed Bid” and carry the bid title, date, and time of bid opening (refer to General Instructions to Bidders). A Bid Package Label has been provided with the RFB package for the bidders’ convenience.

2.2 Bid Evaluation

The contract will be awarded to the lowest responsive responsible bidder offering the lowest unit price, and whose bid conforms to the RFB specifications.

Determination of best response to bid will be the sole judgment of the CCWA. The Clayton County Water Authority reserves the right to make purchases from the next available lowest responsive responsible bidder if the first low bidder is not able to supply the products to meet our needs.

This procurement has a Small Local Business Enterprise (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 Special Provisions

A. Sales tax is not applicable to this bid.

B. Federal Excise tax is not applicable to this bid.

C. Orders will be placed by purchase orders.

D. Delivery must be made upon award of the bid by CCWA.

Section 2: General Information

1-2.2

2.4 Addendum

Bidders may submit questions regarding this bid prior to the bid opening. To be considered, all questions from bidders must be received via email to CCWA_Procurement@ccwa.us by 10:00 a.m. local time on Tuesday, November 21, 2023. All responses will be issued in the form of an Addendum via 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 proposing 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 General Manager 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 filing of a contest of the award, or any civil action in the courts of the State of Georgia or of the United States.

2-1.2

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, Contractor’s License Number 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.

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

2-1.3 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 propose 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.

16. By tendering a bid, a Bidder agrees to leave the bid open for acceptance by the CCWA for ninety (90) 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

2-1.4 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 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.

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 Bidder.

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

2-1.5

26. The Contract between the CCWA and the Bidder 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.

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.

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.

2-1.6

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.

e. Preference for local vendors where there is no significant variance in price or service.

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 then 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.

2-1.7

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.

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

37. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Bidder 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 Bidder further agrees that such compliance shall be attested by the Bidder and any of his Subcontractors by execution of the appropriate Affidavit and Agreement included after the Agreement Form of these documents.

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

Section 3: Bid Submittal Requirements

2-3.1

3.1 Required Bid Submittals:

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.

For your convenience, a check box is provided next to the required items, which include but are not limited to:

A. Bid Form – Bidders must submit their completed and signed Bid Form.

B. Bidder Qualification Information Form, including References.

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

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

D. Non-Collusion Certificate.

E. Certification of Absence of Conflict of Interest

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

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

H. 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.

I. 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 provide 5660’ of 2” Copper Tubing for Lake Spivey Project in strict accordance with the bid 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 that he/she 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 bid award. If your company is a corporation, it must be registered with the Georgia Secretary of State.

All things being equal, orders will be placed by purchase order with the bidder offering the lowest unit price on a per item basis. Orders will be placed on an "as needed, when needed” basis. CCWA does not guarantee any minimum or maximum quantities under this bid.

Bidder accepts the terms and conditions of the Documents.

ADDENDA:

Bidder acknowledges receipt of the following Addenda:

2-4.2

BID FORM

The undersigned proposes to supply, in all respects, sound and conformable with this bid document the goods for the amounts as shown on this Bid Form.

5660’ of 2” Copper Tubing:

PRICE F.O.B. Destination Morrow, GA:

(Including discounts): $________________________________

CCWA is exempt from Federal Excise Tax and Georgia Sales Tax.

Submitted by:

COMPANY NAME OF BIDDER:

Is the Bidder a CCWA certified SLBE? YES NO

2-4.3

Submitted by:

(COMPANY NAME OF BIDDER)

By: (OFFICER NAME)

(SIGNATURE)

(TITLE) (DATE)

(COMPANY ADDRESS)

(CITY, STATE, ZIP CODE)

PHONE NUMBER:

EMAIL ADDRESS:

LICENSE NUMBER (If applicable):

DATE:

Section 6: Bidder Qualification Information

2-6.1

COMPANY NAME OF BIDDER:

NUMBER OF YEARS IN BUSINESS

BUSINESS ADDRESS OF COMPANY:

TELEPHONE NUMBER:

POINT OF CONTACT NAME:

POINT OF CONTACT EMAIL

ADDRESS:

COMPANY TAX ID NUMBER:

COMPANY WEBSITE:

ENTITY TYPE: Individual/Sole Proprietor Employee Owned Company Privately Held Corporation/LLC Partnership Publicly Owned Company Attorney

Other (specify):

NAME OF PRINCIPAL OFFICERS:

Section 6: Bidder Qualification Information

2-6.2

REFERENCES

LIST AT LEAST 3 REFERENCES OF SIMILAR CONTRACTS COMPLETED IN THE

PAST 5 YEARS:

COMPANY/GOV’T ENTITY NAME:

CONTACT NAME:

ADDRESS:

Division 2 Section 8 – Small Local Business Enterprises (SLBE) – General Information

2-8.1

8.1 Program Overview

Clayton County Water Authority (CCWA) implemented a Small Local Business Enterprise (SLBE) Program to promote full and open competition in all government procurement and purchasing.

The SLBE program provides an additional race-and gender-neutral tool for CCWA to use in its efforts to ensure that all segments of its local business community have a reasonable and significant opportunity to participate in CCWA Solicitations.

SLBEs must perform a commercially useful function, which means performance of provision of real and actual services under the contract or subcontract with CCWA.

Factors such as the nature and amount of the work subcontracted; whether the SLBE has the skill and expertise to perform the work for which it has been certified;

whether the SLBE actually performs, manages or supervises the work; and whether the SLBE intends to purchase commodities and/or services from a non- SLBE and simply resell them will be considered in determining if the SLBE is performing a commercially useful function.

SLBE in CCWA refers to a locally based small business which meets the following criteria:

• Independently owned and operated business concern whose average annual gross receipts for the previous three years must not exceed: (1) Construction Firms – $18,250,000; (2) Professional Services Firms – $5,500,000; (3) Architectural Firms – $3,750,000; (4) Engineering Firms – $7,500,000, and (5) Goods and Services – less than 250 employees.

• Locally based, meaning located and operating in Clayton County or the ten (10) counties of Cherokee, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, Rockdale, and Spalding for at least one year.

• Note: Complete CCWA SLBE Certification Requirements are listed on the Provisional and General Certification Applications; https://www.ccwa.us. To be considered a CCWA SLBE Certified Firm, the vendor shall complete the Certification Process by the solicitation submission deadline.

To encourage participation in contracting regardless of company size, CCWA provides bidders with Solicitation Incentives to ensure that small businesses maintain a competitive advantage in CCWA’s solicitation process. CCWA’s three https://www.ccwa.us/

2-8.2

Solicitation SLBE Incentives: Bid Discounts, Preference Points, and SLBE Goal utilization are determined on a solicitation-by-solicitation basis.

8.2 SLBE Incentive Type

The purpose of this section is to communicate the use of an SLBE Incentive (Bid Discount or Preference Points) for Prime Contractors in the solicitation and provide instructions or requirements of the intended SLBE Incentive.

This solicitation offers the following SLBE Incentive: (Refer to check marked section.)

Bid Discount

Bid discounts are incentives that allow an original bid amount to be discounted for evaluation purposes in determining the lowest responsive, responsible bidder, while the original bid amount will be the basis for contract award.

The calculation of SLBE tiered bid discounts shall be as follows:

10% for SLBE’s in Clayton County.

7.5% for SLBE’s within the 10 counties: Cherokee, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, Rockdale and Spalding.

Example: A $100,000 bid with a 7.5% bid discount would be evaluated at $92,500.

However, $100,000 would be paid to the successful bidder.

Preference Points

RFP Preference Points are point incentives that are awarded on a basis that includes factors other than the lowest price and wherein responses that are submitted by CCWA SLBE Certified Firms are awarded additional points in the evaluation process in the scoring and ranking of proposals. The awarded points are disbursed for CCWA SLBE Certified Firms proposing as a Prime Contractor and located in Clayton County or the ten (10) counties outlined in Section 8.1. RFP Preference points will be added to the total score for evaluation purposes in determining the highest ranked responsible, responsive proposer.

The calculation of tiered RFP Preference Points in this solicitation for CCWA SLBE

Certified Firms will be based on the following criteria:

10 Points for CCWA SLBE Firms in Clayton County.

2-8.3

7.5 Points for CCWA SLBE Firms within the 10 counties: Cherokee, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, Rockdale, and Spalding.

8.3 SLBE Conclusion

A bidder does not have to be a CCWA SLBE Certified Firm to participate in a solicitation where Bid Discounts or Preference Points Incentives are offered.

The use of Certified CCWA SLBE Firms as subcontractors will not establish eligibility to receive Bid Discounts or Preference Points. In the event of a tie between a CCWA SLBE Certified Firm and a non-CCWA SLBE Certified firm, the CCWA SLBE Certified Firm will be recommended for the contract.

By signing the solicitation, the bidder is certifying that he/she has complied with the requirements of this program. Contact the Small Business Procurement Coordinator at ccwa_slbe_program@ccwa.us for more information on becoming certified.

8.4 Solicitation SLBE Required Form(s)

For CCWA SLBE Certified Firms claiming a Bid Discount or Preference Points, a copy of their valid CCWA SLBE Certification Letter must be provided with their solicitation response.

Example:

General proposal requirements ........................ (POSSIBLE TOTAL 50 POINTS) Technical requirements .................................... (POSSIBLE TOTAL 50 POINTS) SBLE Preference Points ................................... (POSSIBLE TOTAL 10 POINTS)

SLBE Proposal NON-SLBE Proposal General Requirements ............................. 40 General Requirements Technical Requirements ............................ 30 Technical Requirements SLBE Preference Points –Clayton ............. 10 No SLBE Preference

TOTAL POINTS 80 TOTAL POINTS 70

mailto:ccwa_slbe_program@ccwa.us

Division 3 Bid Requirements Section 4: Non-Collusion Certificate

3-4.1

STATE OF______________________, COUNTY OF____________________________

Personally appeared before the undersigned officer duly authorized by law to administer oaths who, after being first duly sworn, depose and say that they are all the officers, agents, persons or employees who have acted for or represented _________________________ ________________________________________________________ in procuring the Contract with the Clayton County Water Authority on the following Project: 5660’ of 2” Copper Tubing for Lake Spivey Project, and that said _________________________ has not by (himself, themselves) or through any persons, officers, agents or employees prevented or attempted to prevent by any means whatsoever competition in such bidding;

or by any means whatsoever prevented or endeavored to prevent anyone from making a proposal therefore, or induced or attempted to induce another to withdraw a bid for said work.

ATTEST: By:

Bidder

By: By:

Name Name

Title: Title:____________________________

Sworn to and subscribed before me this _________ day of _________________ 20___.

Notary Public:__________________________ My Commission expires:____________

Division 3 Contract Forms Section 5: Certification of Absence of Conflict of Interest.

3-5.1

CERTIFICATION OF ABSENCE OF CONFLICT OF INTEREST

(O.C.G.A. § 36-80-28)

The undersigned Contractor, who is entering into a contract or arrangement with the Clayton County Water Authority (CCWA), by signing below acknowledges and certifies to follow the requirements below:

(1) Contractor shall avoid any appearance of impropriety and shall follow all of CCWA’s policies and procedures related to the project.

(2) Contractor discloses below any material transaction or relationship currently known to Contractor that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, that of the Contractor, Contractor’s employees, agents or subsidiaries.

(Include past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest):

(3) Contractor shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the contract or arrangement.

(4) Contractor acknowledges that any violation or threatened violation of the agreement may cause irreparable injury to CCWA entitling CCWA to seek injunctive relief in addition to all other legal remedies.

NAME OF CONTRACTOR Name of Contractor’s Authorized Official

Signature of Contractor’s Authorized Official

DATE

Division 4 Specifications Section 1: General Requirements

4-1.1

4.1 General Requirements:

A. Description

The pipe type should be “M” (hard) copper material; size is 2 inch x 20 feet, and the requested total quantity is 5,660 ft. Pipe should be available for delivery by February 1, 2024. The pipe should be delivered to CCWA’s Warehouse located at 7340 Southlake Parkway, Morrow, GA 30260.

B. References

1. American Water Works Association (AWWA), C800

2. American Society for Testing and Materials (ASTM), B88 Standard

Specification for Seamless Copper Water Tube.

3. National Sanitation Foundation (NSF), 61

It is understood on the above references and any other applicable standards, that the latest revisions thereof shall apply.

C. All materials shall be new and domestically manufactured.

D. The following information shall be stamped on each pipe:

1. Class identifier.

2. ASTM designation.

3. Manufacturer’s identifying mark.

E. The material must be guaranteed to be free of defects in construction, materials, and workmanship for a period of twelve months from the date of purchase. Any part or portion found not in accordance with these specifications will be rejected and returned to the vendor at the vendor’s expense for its immediate replacement.

F. All unit prices are to be calculated F.O.B. destination delivered to the CCWA delivery point. No freight will be paid for by CCWA.

G. CCWA is exempt from Federal Excise Tax and Georgia Sales Tax. Vendors and contractors are responsible for sales tax and should contact the State of Georgia sales tax division for additional information.

Division 4 Specifications Section 1: General Requirements

4-1.2

H. Any problem with the Bidder’s manufacturer will make the Bidder responsible for obtaining the goods from another company and delivering to CCWA as requested.

I. Failure of vendor to provide all information as requested on the Bid Form (i.e., manufacturer name, manufacturer number, o.d. range and delivery) may result in rejection of bid.

4.2 Acceptable Manufacturers

A. Mueller Industries B. Cerro Flow Products C. Wieland Copper Products D. Or equal

Brand names are not for restrictive purposes but to establish an acceptable level of quality.

4.3 Delivery Requirements

Point of delivery must be by vendor owned equipment or commercial carrier trucks and must be routed to “Clayton County Water Authority, 7340 Southlake Parkway, Morrow, GA 30260”.

Deliveries under this contract may be made by:

a) Commercial carrier, or

b) Vendor owned equipment.

Either method must require all risk management requirements are met by the proper party(ies) (i.e., any party handling the shipment) prior to shipment.

Purchase Order Terms and Conditions

CLAYTON COUNTY WATER AUTHORITY

THE CONTRACT: The documents ("Contract Documents") that form the contract (the "Contract") between the Clayton County Water Authority (“Buyer”) and Seller are the Buyer's purchase order (the "PO") issued to Seller, all documents referenced in the PO (including without limitation drawings, specifications, instructions, quality assurance requirements and any other referenced documents), all drawings, specifications and other documents referenced in the Buyer's request for quotation issued to Seller for the Contract (unless and to the extent such documents are excluded from the Contract by express provisions in, and not by mere omission from, the PO), supplements to the PO issued to Seller by Buyer, these Terms and Conditions, and all documents referenced in any Contract Documents. What is required in any one Contract Document shall be deemed required by all Contract Documents and the Contract. Where there is any conflict or inconsistency between the provisions in one or more of the Contract Documents, the provision entitled ORDER OF PRECEDENCE shall be controlling, unless otherwise agreed in a writing signed by the representative (or his/her successor) of Buyer who signed the PO.

ACCEPTANCE: The acceptance by Seller of the terms of the Contract shall be deemed conclusively to have occurred upon Seller’s acknowledgment of the PO, shipment of any goods, performance of any services, or commencement of any work on supplies or goods covered by the Contract. Any acceptance by Seller on purported terms and conditions (“purported terms”) that differ in any way from the provisions of the Contract shall bind Seller to the terms and conditions of the Contract, and such purported terms shall not become part of, or in any way alter, amend or otherwise modify any of the provisions of, the Contract. Any shipment of goods, performance of services, or commencement of work on supplies by Seller shall be deemed to be only upon the terms and conditions contained in the Contract, except to the extent that Buyer may otherwise expressly consent to such altered terms in a writing signed by the representative (or his/her successor) of Buyer who signed the PO. Seller agrees that Buyer's acceptance or payment for any shipment of goods or similar act of Buyer shall not be claimed or construed to constitute such consent.

DELIVERY: (a) Delivery must be in strict compliance with the schedule contained in the Contract and shall be made by Seller at such times and places and of such items and quantities as may from time to time be specified by Buyer. If Seller fails to meet its scheduled delivery dates and Buyer elects to call for expedited shipments, Seller will pay the difference between the method of shipping specified and the actual expedited rate incurred. Seller shall be responsible for any additional charges resulting from deviation from Buyer's routing instructions. If Seller fails to make delivery promptly and regularly, as required under the Contract, Buyer may, in addition to other remedies available at law, terminate the Contract by giving written notice to Seller. Title and risk of loss shall remain with Seller until goods are delivered to the F.O.B. destination point specified in the Contract.

Notwithstanding such delivery, Seller shall bear risk of loss or damage to goods purchased hereunder from the time that Buyer gives notice of rejection of goods pursuant to the inspection provisions of this Contract. If Seller encounters or anticipates difficulty in meeting the delivery schedule, Seller shall immediately notify Buyer in writing, giving pertinent details; provided, however, that such data shall be informational only in character and shall not be construed as a waiver by Buyer of any delivery schedule or date or of any rights or remedies of Buyer provided by law or the Contract. Parts fabricated in excess or in advance of Buyer's request are at Seller's risk. Buyer reserves the right, without loss of discount privileges, to pay invoices covering items shipped in advance of the schedule on the normal maturity after the date specified for delivery.

(b) Packaging and packing of items to be delivered by Seller under the Contract shall be shipped in a manner to: ensure safe arrival at their destination, provide the lowest transportation cost, conform with the requirements of common carriers and, in any event, comply with Buyer's minimum specifications.

INSPECTION: Buyer shall have the right to inspect the goods and/or services supplied hereunder at any time during the manufacture or fabrication thereof at Seller's facilities or elsewhere. The items subject to such inspection may include, without limitation, raw materials, components, work in process, and completed products as well as drawings, specifications, and released data. Final inspection and acceptance shall be after delivery to the delivery point designated by Buyer. If any inspection or test is made by Buyer at Seller's facility or elsewhere, Seller shall provide reasonable facilities and assistance to the inspection personnel. Buyer may reject all goods supplied hereunder which are found to be defective. Goods so rejected may be returned to Seller at Seller's expense. No inspection, examination or test, regardless of extensiveness or type, and no approval given in connection with any such inspection, examination or test, whether under the Contract or another contract for the same or similar goods and/or services, shall relieve Seller, or be claimed by Seller to relieve it, of any obligation to comply fully with all requirements of the Contract, including the obligation to produce goods and/or services that conform to all requirements of the drawings, specifications and other Contract Documents. At Buyer's request, Seller shall repair or replace defective goods and/or services at Seller's expense. Failure to inspect goods and/or services, failure to discover defects in goods and/or services or payment for goods and/or services shall not constitute acceptance of such defective goods and/or services or limit any of Buyer's rights, including without limitation those under the warranty provisions of the Contract. In the event inspection reveals a defect or defects and schedule urgency requires that the defect or defects be corrected by Buyer to support production, all costs of such correction, including without limitation installation and removal, will be charged to Seller; such charges will also include time and material and appropriate indirect and overhead expenses. Seller shall maintain an inspection system acceptable to Buyer covering the goods and/or services furnished hereunder.

OVERSHIPMENT: Goods shall not be supplied in excess of quantities and shipping tolerances, if any, specified in the Contract. Seller shall be liable for handling charges and return shipment costs for any excess quantities, and unless Seller agrees to pay for such costs, the over shipped material will be retained by Buyer at no cost.

PRICES: Unless otherwise specified, prices are F.O.B. destination to the location designated by Buyer and shown on the face of the PO and are exclusive of state sales and use taxes. No charge will be allowed for packing, crating, drayage, or storage. Seller warrants that the prices charged for the goods and/or services are not higher than those charged to any other customer for goods and/or services of like grade and quality in similar or lesser quantities.

PAYMENT: Seller shall be paid upon submission of properly prepared invoices in accordance with Buyer's invoicing instructions for materials and supplies delivered to and accepted by Buyer. Any adjustments in Seller's invoice due to shortages, rejection or other failure to comply with the provisions of this Contract, or under any other order or contract between Buyer and Seller, may be made by Buyer before payment. Discount periods shall commence ten (10) days after the latest of scheduled delivery, actual delivery, or receipt of invoice. No charges will be honored unless specified on the face of the PO. Invoices must be accompanied by transportation receipt, if transportation is payable as a separate item.

WARRANTY: Seller warrants that goods ordered to specifications will conform thereto and to any drawings, samples, or other description furnished or adopted by Buyer, and will be fit and sufficient for the purpose intended; and that all goods are merchantable, of good material and workmanship, and free from all defects, including defects in design, materials and workmanship. Regarding any services provided under this Contract, Seller warrants: 1) that Seller is qualified to perform all services required of the Seller by this Contract; 2) that Seller possesses all licenses required of all public entities having jurisdiction over the Seller and the Buyer to perform such services; and 3) that Seller’s workmanship will conform to all specifications and will perform as specified. Such warranties, together with Seller's other service warranties and guarantees, if any, shall survive inspection, test, acceptance of, and payment for the goods and/or services and shall run to Buyer, its successors, assigns, customers at any tier, and ultimate user and joint users. Notices of any defects or nonconformity shall be given by the Buyer to the Seller within fifteen (15) months after acceptance by ultimate user; provided however that in the event the goods are designed by Seller, notice must be given within three (3) years after acceptance by ultimate user. The rights and remedies of the Buyer concerning latent defects shall exist indefinitely and shall not be affected in any way by any terms and conditions of this Contract, including this clause. Buyer may, at its option, and in addition to other remedies available at law, either (i) return defective or nonconforming goods for credit, (ii) require prompt correction or replacement of the defective or nonconforming goods and/or services, or (iii) have the defective items corrected or replaced at Seller's expense and deduct the cost thereof from any monies due Seller. The return to Seller of any defective or nonconforming goods and delivery to Buyer of any corrected or replaced goods and/or services shall be at Seller's expense.

Goods and/or services required to be corrected or replaced shall be subject to the provision of this paragraph and the paragraph of this Contract Document entitled "inspection" in the same manner and to the same extent as goods and/or services originally delivered under this Contract. In addition to correcting or replacing any defective or nonconforming goods and/or services, Seller shall also reimburse Buyer for all costs and expenses incurred by Buyer in connection with inspection and discovery of the defects, identifying and correcting the cause of such defects and all other activities reasonably undertaken by Buyer to obtain conforming goods and/or services or attempting to obtain from the ultimate user a waiver to permit the defective goods and/or services to be used with all or part of the defective conditions.

BUYER'S ASSISTANCE AND COOPERATION: During Seller's performance of this Contract, Buyer may, at Buyer’s option and without obligation, provide assistance to, or cooperate with, Seller in activities that facilitate the proper performance and completion of this Contract by Seller. Such assistance and cooperation may include without limitation: (i) providing engineering or other analysis or advice on correcting manufacturing deficiencies or other problems; (ii) acquiescing in a change of manufacturing facilities or location; (iii) refraining from strict enforcement of time schedule requirements under the Contract; (iv) permitting use of test materials or documentation not performed or produced under this Contract. Such assistance or cooperation by Buyer shall not be construed, and Seller agrees that it will not claim that any such assistance or cooperation operates, to relieve Seller from complete, proper and punctual performance of all of Seller's obligations under this Contract.

COMPLIANCE WITH LAWS AND REGULATIONS: Seller warrants that in the performance of this order Seller will comply with all applicable statutes, rules, regulations and orders of the United States, and of any State or political subdivision thereof, and agrees to indemnify Buyer against any loss, cost, damage or liability, by reason of Seller's violation of this warranty.

CHANGES: Buyer may at any time, by a written notice,…