ITB 23_347 Final.pdf

ITB #23-347 Prefabricated Modular Restrooms for Clayton County, Georgia Page 2 of 82

TABLE OF CONTENTS

1. INFORMATION AND INSTRUCTIONS TO BIDDERS………………………….…..………3

2. SUBMITTAL CHECKLIST

3. INTRODUCTION

4. SCOPE OF SERVICES

5. MINIMUM REQUIREMENTS

6. STANDARD COUNTY CONTRACT

7. APPENDICES

Appendix A – Contract Compliance Requirements Appendix B – Bonding and Insurance Requirements Appendix C – Required Form Submittals Appendix D – Contract Compliance Requirements (LVP)

8. ATTACHMENTS

Attachment A – Scope of Services Attachment B – Bid Cost Form Attachment C – Draft County Contract

9. EXHIBIT

Exhibit A – County Sample Floor Plan

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ITB #23-347 PREFABRICATED MODULAR RESTROOMS

FOR CLAYTON COUNTY, GEORGIA

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Invitation to Bids: This Invitation to Bid (ITB) is for qualified Bidders, hereinafter referred to a s Bidders (“Bidder” or “Bidders”) for Prefabricated Modular Restrooms for Clayton County, Georgia. A detailed Scope of Services (“SOS”) is set forth in this ITB.

2. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the Clayton County Code of Ordinances. By submitting a Bid in reference to this solicitation, a Bidder acknowledges that it is familiar with all laws applicable to this solicitation, including, but not limited to, the County’s Code of Ordinances, which laws are incorporated into this ITB by reference.

3. Minimum Qualifications: Each Bidder and team member shall have the minimum experience set forth in this ITB.

4. Certificate of Authority to Transact Business in Georgia: Each Bidder must submit documentation that demonstrates it is duly authorized to conduct business in the State of Georgia with its Bid. This requirement also applies to Joint Venture (JV) Team Members, Sub-Consultants and Subcontractors.

5. Business License: Bidder is requested to submit a copy of its current, valid business license with its Bid. If the Bidder is a Georgia corporation, Bidder is requested to submit a valid county or city business license. If Bidder is a joint venture, Bidder is requested to submit valid business licenses for each member of the joint venture. If the Bidder is not a Georgia corporation, Bidder is requested to submit a Certificate of Authority to Transact Business in the State of Georgia and a copy of its current, valid business license issued by its home jurisdiction.

6. General Supplier’s License: Bidders responding to this ITB must provide a copy of its current Georgia General Supplier’s License as required by O.C.G.A. § 43-41-6, et seq.

The Georgia General Supplier’s License must be issued in the name of the Bidder or in the name of its qualifying agent. If a proposed Bidder is relying upon a qualifying agent’s Georgia General Supplier’s License, then the name of the proposed Bidder must be set forth on the license as an affiliated business organization/dependent licensee. All licenses must be current, valid, and issued in compliance with applicable law. Failure to provide this license with the Bid will result in the proposed Bid being deemed non-responsive.

7. Utility Supplier’s License: Bidders responding to this ITB must provide a copy of its or its subcontractor’s Georgia Utility Systems Supplier’s License as required by O.C.G.A. § 43- 14-8, et seq. All licenses must be issued in the name of the person or entity that will perform the utility work. If a subcontractor’s Georgia Utility Systems Supplier’s License is submitted with the Bid, the subcontractor must be listed as such on appropriate Subcontractor Information Form. All licenses and certificates must be current, valid, and issued in compliance with applicable law. Failure to provide this license and necessary certificates in this format may result in the proposed Bid being deemed nonresponsive.

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8. No Offer by County and Firm Offer by Bidder: This solicitation does not constitute an offer by County to enter into an agreement and cannot be accepted by any Bidder to form a contract. This solicitation is only an invitation for offers from interested Bidders and no offer shall bind County. A Bidder’s offer is a firm offer and may not be withdrawn except as provided in this ITB, and in the County’s Code of Ordinances and other applicable law.

9. Bid Duration: Bids submitted in response to this ITB must be valid for a period of one hundred and twenty (120) calendar days from the Bid Submission Deadline and must be marked as such.

10. Bid Submission Deadline: Responses to this ITB will be accepted online at https://www.bidnetdirect.com/georgia/claytoncounty. on Thursday, January 25, 2023, by 3:00 p.m., Eastern Standard Time (EST).

11. Non-Mandatory Pre-Bid Conference: A Non-Mandatory Pre-Bid Conference has been scheduled for Thursday, January 4, 2024, at 9:00 a.m., EST., at Independence Park, 8970 Thomas Rd, Jonesboro, Georgia, 30238. Please register by sending an email to centralservicesbids@claytoncountyga.gov. Attendance at the Pre-Bid Conference is non-mandatory for Bidders responding to this ITB. During the Pre-Bid Conference, the general requirements of the project will be discussed. Any questions raised by potential Bidders will be discussed. Verbal answers to questions during the Pre-Bid Conference will not be authoritative. Each Bidder must be fully informed regarding all existing and expected conditions and matters which might affect the cost or performance of the Services. It should be emphasized, however, that nothing stated or discussed during the course of this Pre-bid conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents.

12. Non-Mandatory Site Visit: A Non-Mandatory Site Visit will be held on Thursday, January 4, 2024, at 9:30 a.m., EST at Independence Park, 8970 Thomas Rd, Jonesboro, Georgia, 30238.

13. Non-Mandatory Site Visit: A Non-Mandatory Site Visit will be held on Thursday, January

4, 2024, at 10:30 a.m., EST at Bonanza Park, 1752 Old Dogwood, Jonesboro, Georgia, 30238.

14. Solicitation Questions/Prohibited Contacts: Any questions and communications regarding this RFP shall be submitted in writing by logging into https://www.bidnetdirect.com/georgia/claytoncounty on or before Thursday, January 11, 2024, by 3:00 P.M., EST. Questions received after the designated period shall not be considered. Any response made by the County will be provided in writing to all Bidders by addendum. It is the responsibility of each Bidder to obtain a copy of any Addendum issued for this solicitation by monitoring the County’s website at https://www.claytoncountyga.gov/government/central-services/bids-and-proposals. All Bidders and representatives of Bidders are strictly prohibited from initiating or continuing any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative other than the Department of Central Services employee named in this solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners, unless specified otherwise herein. Attempting to influence the outcome of any given contract prior to a recommendation of award to the Board of Commissioners is strictly prohibited. The Chief Procurement Officer will review alleged violations of this prohibition. If the Chief Procurement Officer determines that such a communication has compromised the competitive process, the offer submitted by that Bidder may be disqualified from consideration for award, and that Person may, among other things, be placed on the Ineligible Source List. Violations may also be subject to prosecution under Federal, State or Local laws.

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15. Ownership of Bids: Each Bid submitted to the County shall become the property of the County, without compensation to a Bidder for the County’s use, in its discretion. The County shall not be liable for any Bid preparation costs incurred by Bidder.

16. Georgia Open Records Act: Information provided to the County is subject to disclosure under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et. seq. Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 O.C.G.A. § 10-1-760 et seq.” All such records shall be labeled as a trade secret or confidential and include the relevant cite to the Open Records Act.

17. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any Contract that may be awarded pursuant to this ITB are set forth in Appendix B. Bidder must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Bidder, if any. For purposes of this section, “Bidder” shall mean an individual, corporation, or other corporate entity submitting a Bid in connection with this solicitation, including each joint venture partner if Bidder is a joint venture.

18. Applicable County Small Local Business Programs: The SLBE Programs applicable to this solicitation are set forth in Appendix A, Contract Compliance Requirements, included in this ITB. By submitting a Bid in response to this solicitation, each Bidder agrees to comply with such applicable SLBE Programs.

19. Applicable Local Vendor Preference Program: The Local Vendor Preference Program which may be applicable to this solicitation are set forth in Appendix D.

20. Subcontractors and Manufacturers: Bidders are required to submit, in writing, the addresses of any proposed Subcontractors or equipment manufacturers listed in the Bid and may be required to submit other material information relative to proposed Subcontractors.

County reserves the right to disapprove any proposed Subcontractors whose technical or financial ability, or resources, or experience are deemed inadequate.

21. Examination of Bid Documents:

Each Bidder is responsible for examining with appropriate care the complete ITB and all Addenda and for informing itself with respect to all conditions which might in any way affect the cost or the performance of any Services. Failure to do so shall be at the sole risk of the Bidder, who is deemed to have included all costs for performance of the Services in its Bid.

20.1 Each Bidder shall promptly notify County in writing should the Bidder find discrepancies, errors, ambiguities, or omissions in the Bid Documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the ITB. Replies to such notices may be made in the form of an addendum to the ITB, which will be issued simultaneously to all potential Bidders.

20.2 County may in accordance with applicable law, by addendum, modify any provision or part of the ITB at any time prior to the Bid due date and time.

20.3 Each Bidder must confirm Addenda have been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each Addendum.

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20.4 The County may waive any technicalities and formalities. The County reserves the right to cancel the ITB in its entirety.

20.5 Pursuant to the Clayton County Code of Ordinance, Section 2-113 Bids may be disqualified by the Chief Procurement Officer as a result of, but not necessarily limited to, the following reasons:

20.5.1 Failure to follow Clayton County's Bid schedule;

20.5.2 Failure to return applicable compliance and/or specification sheets;

20.5.3 Failure to return applicable addenda;

20.5.4 Failure to provide information on alternates or equivalents, when allowed;

20.5.5 Failure to provide bid bond when specifically stated will result in automatic rejection;

20.5.6 Failure of bidder to sign all requested documents;

20.5.7 Failure to submit Bid by deadline;

20.5.8 Failure of Supplier to extend prices;

20.5.9 Failure to hold firm pricing;

20.5.10 Failure to meet specified delivery requirements;

20.5.11 Prices for services or items that exceeds the department's budgeted amount allowed for those items;

20.5.12 A bid submitted by a Person on the Ineligible Source List

20.5.13 A bid which is non-responsive;

20.5.14 A bid submitted by a Person having been determined in violation of Section

2-97 of the Purchasing Code; and/or

20.5.15 A bid submitted by a Person who has litigation pending against the County, or anyone representing a firm or business in litigation against the County, not arising out of the procurement process.

22. Illegal Immigration Reform and Enforcement Act: This ITB is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (“Act”), formerly known as the Georgia Security and Immigration Compliance Act. Pursuant to Act, the Bidder must provide with its Bid proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of Homeland Security. Completed Supplier Affidavit, Illegal Immigration Reform and Enforcement Act Forms attached herein as Forms F6.6 and F6.7, Appendix C: Required Submittal Forms must be submitted with the Bid at the time of submission. Under state law, the County cannot consider any Bid which does not include the completed form F6.6. Where the business structure of a Bidder is such that Bidder is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Bidder must complete the Supplier Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Bidder itself. Where the business structure of a Bidder does not require it to obtain an EIN, each entity comprising the Bidder must submit a separate Supplier Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Bidders intending to do business with the County are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on County solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.

23. Multiple Awards: The County reserves, in its sole discretion, the right to make one (1) award, no award, or award to multiple Bidders. The award(s) will be based on the Bid in its entirety or by components.

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24. Award and Execution of Contract: If the County awards a contract pursuant to this solicitation, the County will prepare and forward to the Bidder a contract for execution substantially in the form of the Draft Contract included in this ITB. All Bidders shall thoroughly review the solicitation document prior to submitting a Bid. Any proposed revisions to the terms or language of this Draft Contract must be submitted in writing with the Bidder’s response to the Invitation to Bid (ITB). Since proposed revisions may result in a Bid being rejected if the revisions are unacceptable to the County, Bidder should review any proposed revisions with an Authorized Representative having authority to execute the Contract. Upon approval of the bid by the Clayton County Board of Commissioners, the County will provide the Bidder with three (3) unsigned contracts. The Bidder shall execute and return to the County three (3) signed contracts, with required insurance certificates and other documents as listed in this ITB or required by the County, within no more than ten (10) calendar days from receipt of the contracts.

25. Joint Ventures: Each party to a Joint Venture shall be required to fully complete and submit the Required Submittal Forms unless otherwise indicated in this ITB.

26. Conflict of Interest: Bidders are advised to read and familiarize themselves with the conflict-of-interest provisions of this ITB. The County reserves the right to issue ITBs for projects that are independent of ITB #23-347 Prefabricated Modular Restrooms for Clayton County, Georgia – except as stated in this ITB, these Instructions, and the Notice to Bidders concerning Conflicts of Interests, Bidders responding to this ITB are not precluded from responding to such solicitations.

27. Tax Exemption Status: The County is exempt from Federal Excise Tax and Georgia Sales Tax with regard to goods and services purchased directly by Clayton County. Exemption certificates are furnished upon request.

28. Codes, Permits, Fees, Licenses and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the Bidder. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, which shall apply to the contract throughout and will be deemed to be included in the Contract the same as though herein written out in full.

29. COOPERATIVE PROCUREMENT- The County may permit other governmental entities to purchase the same commodity, equipment, or service from suppliers at the same price and under the same terms and conditions as extended to the County in a competitively procured contract. Other governmental entities may utilize the County's competitively procured contracts as “piggyback” purchases if such contract stipulates allowance for such governmental entities to purchase the same commodity, equipment, or service from the supplier at the same price and under the same terms and conditions as extended to the County or if the governmental entity obtains written permission from the director and awarded supplier.

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SUBMITTAL CHECKLIST

1. Please use the following checklist to verify that all required information is included in your bid.

2. It is the sole responsibility of each Bidder to ensure that its bid is inclusive of all submittals outlined below or elsewhere in this ITB.

3. Failure to submit any of the items below may cause rejection of the Bid. Bidder must return each and every page of this ITB.

4. Bidders are required to submit responses to solicitations electronically for e-Bid solicitations only online at: https://www.bidnetdirect.com/georgia/claytoncounty.The County will not consider any bid that does not include completed Illegal Immigration Reform and Enforcement Act Affidavit Form(s).

5. Any modifications to the Bid Cost Form may result in a bid being deemed Non-Responsive.

REQUIRED DOCUMENTATION INITIAL IF INCLUDED

1. BID SOLICITATION FORM ______________

2. ENTIRE BID ______________

3. SUBMITTAL CHECKLIST (THIS FORM) ______________

4. ADDENDA (IF APPLICABLE) ______________

5. BID COST FORM (ATTACHMENT B) ______________

6. REQUIRED FORM SUBMITTALS (APPENDIX C)

F6.1 W-9 FORM ______________

F6.2 NON-CONFLICT OF INTEREST ______________

F6.3 NON-COLLUSION FORM ______________

F6.4 BUSINESS ENTITY CERTIFICATE ______________

F6.5 CERTIFICATE OF AUTHORITY-JOINT VENTURE ______________

F6.6 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT –CONTRACTOR AFFIDAVIT ______________

F6.7 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT-SUBCONTRACTOR AFFIDAVIT ______________

F6.8 SUBCONTRACTOR INFORMATION FORM ______________

F6.9 ACKNOWLEDGEMENT OF BIDDER ______________

F6.10 REFERENCE AND RELEASE FORM ______________

F6.11 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ______________

F6.12 EXCEPTIONS TO SPECIFICATION FORM ______________

7. PROFESSIONAL LICENSES:

GENERAL CONTRACTOR’S LICENSE ______________

UTILITY CONTRACTOR’S LICENSE ______________

8. BUSINESS LICENSE ______________

9. SLBE FORMS ______________

10. BID BOND ______________

Printed Name Title Date

Signature Firm Name

Email Address Phone Number

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1. INTRODUCTION

Clayton County Board of Commissioners (the County) intends to enter into a Contract for Prefabricated Modular Restrooms for Clayton County, Georgia.

1.1 INTENT TO AWARD

The County intends to award to the to the responsible bidder(s) who have submitted the lowest cost responsive bid(s) or whose bid represents the best value to the County;

however, the County reserves the right to make multiple awards, awards based on lowest unit cost, or no award.

1.1.1 Responsibility - The determination of the Bidder’s responsibility will be made by the County based on whether the Bidder meets the following minimum standard requirements:

1.1.1.1 Has the appropriate and adequate technical experience required;

1.1.1.2 Has adequate personnel and equipment to perform the work expeditiously;

1.1.1.3 Ability to comply with the required or proposed delivery and installation schedule;

1.1.1.4 Has a satisfactory record of performance;

1.1.1.5 The ability of Bidder to provide future maintenance and/or service;

1.1.1.6 Has adequate financial means to meet obligations incidental to the work; and

1.1.1.7 Such other factors as the County deem to be pertinent to either the

Bid or the contract.

1.1.2 Responsiveness - The determination of the Bidder’s responsiveness will be made by the County based on a consideration of whether the Bidder has submitted complete Bid documents meeting ITB requirements without irregularities, exclusions, special conditions, or alternative bids for any item unless specifically requested in the ITB.

1.2 TERM OF CONTRACT

The Contractor will mobilize with sufficient forces such that all work is completed within one hundred eighty (180) calendar days from and including the effective date on the

NTP.

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1.3 SUB-CONSULTANTS AND SUBCONTRACTORS

Bidder must ensure the responsibility standards for each of its Sub-Consultants and Subcontractors as listed below and in each and every part of this ITB. Verification must include documentation that each Sub-Consultant or Subcontractor meets the responsibility criteria required to perform the work including any professional license, certification, insurance requirements of this ITB, any governmental agency having jurisdiction over the matter, or any law or regulation pertaining to the work, or requirements. Bidder shall not furnish any statement, representation, or certification in connection with Sub-Consultants or Subcontractors that is materially false, deceptive, incorrect, or incomplete. Failure of the Bidder to provide information concerning the responsibility of any Sub-Consultant or Subcontractor may result in a finding that the Bidder is not responsible.

1.3.1 All proposed Sub-Consultants and Subcontractors must be listed in the

Bidder’s response. Bidder shall ensure that all proposed Subcontractors have adequate personnel, past experience, adequate facilities, finances, and business systems to perform the scope of services. The County reserves the right to approve all Subcontractors and Sub-Consultants for this ITB.

1.3.2 Bidder must have the responsibility of verifying the existence, authenticity, and dates of expiration of all licenses required by all Sub-Consultants and Subcontractors engaged in the work of this ITB. The lack of a valid license from the Bidder or any Sub-Consultant or Subcontractor shall be grounds for default, and for immediate termination for cause with prejudice as it relates to the Bidder, and the removal of any unlicensed entity from the project. In the event Bidder, a Sub-Consultant or Subcontractor is required to be licensed or certified as a condition precedent to providing goods or services under this ITB, the revocation or loss of such license or certification may result in immediate termination of the Bidder’s Contract effective as of the date on which the license or certification is no longer in effect.

1.3.3 All Sub-Consultants and Subcontractors must be approved by the County prior to performing. Consultant must receive written permission to add sub-consultants or Subcontractors not initially submitted with Bidder’s response.

Sub-Consultants and Subcontractors shall not sub-contract any portion of their work pursuant to this ITB without the written consent of the County. Failure of the Bidder to obtain from the County prior approval of each Sub-Consultant or Subcontractor performing work on the project may result in suspension of work by that Subcontractor, removal of work performed by unapproved Subcontractor(s) and all permissible sanctions against the Bidder.

2. SCOPE OF SERVICES

The Bidder shall provide the Prefabricated Modular Restrooms for Clayton County, Georgia as specified by this ITB, Attachment A, Bid Specifications; Exhibit A, Project Plans and Exhibit B, General Requirements and any additional drawings, specifications, general requirements, project specific special provisions, special conditions or other contract documents attached hereto or incorporated herein by reference.

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3. MINIMUM REQUIREMENTS

3.1 The Bidder shall have three (3) years of experience in similar work as specified by this ITB and Attachment A, Scope of Services attached hereto and incorporated herein by reference. Please be sure to include necessary references to support this requirement in Appendix C, Required Form Submittals, F6.10 – Reference and Release Form.

3.2 The Bidder shall be properly licensed by the State of Georgia.

4. STANDARD COUNTY CONTRACT

The Draft Contract attached hereto as Attachment C, is a standard County document, which should be thoroughly reviewed by all Bidders prior to submitting a Bid. Refer to Information and Instructions to Bidders, Award and Execution of Contract in this ITB. Modification or additions to the County’s Standard Contract will not be entertained after Contract award.

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APPENDIX A

CONTRACT COMPLIANCE REQUIREMENTS

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APPENDIX A: CONTRACT COMPLIANCE REQUIREMENTS

SMALL LOCAL BUSINESS ENTERPRISE (SLBE)

AND PROCUREMENT

NON-DISCRIMINATION PROGRAM

Clayton County has implemented a Small Local Business and Procurement Non-discrimination Program to promote full and open competition in all government procurement and purchasing.

Goals for participation of Small Local Business Enterprises (SLBEs) are set for specific NIGP codes on a contract-by-contract basis for each specific prime contract with subcontracting possibilities. The County wants to ensure that Bidder are non-discriminatory in their process of selecting subcontractors. All forms included in this section must be completed for a Bidder to be considered responsive. This project does not have a SLBE subcontracting goal.

However, Clayton County encourages Bidder to utilize small, minority or woman-owned businesses whenever possible.

SLBE means a locally based small business operating inside or outside of Clayton County, which meets the following criteria:

1. Demonstrates that the firm's gross revenues or number of employees averaged over the past three years, inclusive of any affiliates as defined by 13 C.F.R. § 121.103 et al., does not exceed the size standards as defined pursuant to 13 C.F.R. §121.201 et al. which can be found at:

Size Standard Table https://www.sba.gov/size-standards/?ms=nid4060

2. Demonstrates that the net worth of each owner does not exceed $1,320,000 exclusive of principal residence and the value of the SLBE;

3. Provides information regarding the ethnicity and gender of its original owners; and

4. Demonstrates that the firm is located or has an office in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, Rockdale, or Spalding

5. SLBE’s must perform a commercially useful function, which means performance or provision of real and actual services under a contract or subcontract with Clayton County.

Factors such as the nature and amount of 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.

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This package contains the following forms that Bidder are required to submit along with their bid: DO NOT OMIT OR LEAVE BLANK

1. Covenant of Non-Discrimination – A1

2. Statement of Successful Sub-contractors – A2

3. Letter of Intent to Perform as a Sub-contractor – A7: submitted for each subcontractor. Any changes to the subcontractors listed in the bid must be approved by the Contract Compliance Division.

4. Subcontractor Substitution Request Post Award – A8

Requirement if using Subcontractors

Monthly Utilization Reports are submitted on a monthly basis after the project has begun. ALL Monthly payment reports are to be submitted via online submission at https://claytoncountyforms.claytoncountyga.gov/monthly-sub-contractor-utilization-spend-report/

Primes are required to report payments as well as NON-ACTIVITY on a MONTHLY basis. Proof of sub payments documentation MUST also be uploaded into the reporting system at the time of payment reports. Tracking will take place on ALL subs, not just the certified firms, Letter of intent must be provided for EACH intended subcontractor on the project regardless of certification status.

By signing the bid, the Bidder is certifying that it has complied with the requirements of this Program. Please contact the Contract Compliance Division for a list of certified SLBE’s.

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PROCUREMENT NON-DISCRIMINATION PROGRAM

In addition to the SLBE Program, Clayton County also has a compelling interest in providing equal business opportunities for all persons wishing to do business with it. Therefore, the County will also monitor and track minority and women-owned business (MWBE) availability and participation through Benchmarks. Benchmarks are not goals or quotas, but a method that enables the County to compare MWBE participation in procurement with expected participation rates based on availability within the Metropolitan Statistical Area (MSA). Each of the forms included in this package requires the Bidder to provide information on the race/ethnicity and gender of each subcontractor who the Bidder contacted or who contacted the Bidder, successful subcontractors, and those who were not selected. If MWBE participation falls short of the Benchmark, this triggers an inquiry to determine if the Bidder was discriminatory in selecting subcontractors. As with the SLBE program, firms that are currently certified as a minority or woman-owned firm by an entity in the MSA will be provisionally accepted as an MWBE, provided that they complete Clayton County’s certification application within ten (10) business days following the bid opening date and prior to contract award.

There is no Benchmark established for this Project. However, as indicated above, the County will track the race/ethnicity and gender of subcontractors listed by Bidder in their bid packages.

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THIS IS A REQUIRED FORM

SLBE FORM A.1

Covenant of Non-Discrimination Form

I, _______________________________ (name, title), on behalf

__________________________ (company), by my signature below, do hereby promise:

1. to adopt the policies of Clayton County relating to equal opportunity in contracting on projects and contracts funded, in whole or in part, with funds of Clayton County Government;

2. not to otherwise engage in discriminatory conduct;

3. to provide a discrimination-free working environment;

4. that this Covenant of Non-Discrimination shall be continuing in nature and shall remain in full force and effect without interruption; and

5. that this Covenant of Non-Discrimination shall be incorporated by reference into any contract or portion thereof which we may hereafter obtain.

We understand that our failure to satisfactorily discharge any of the promises of non-discrimination as made and set forth herein shall constitute a material breach of contract.

Signature

Name and Title (typed or printed)

Subscribed and sworn before me this _____ day of ________________, 20___.

Notary Public

My Commission Expires___________________________

(Seal)

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APPENDIX B

BONDING AND INSURANCE REQUIREMENTS

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APPENDIX B

BONDING AND INSURANCE REQUIREMENTS

A. Bonding Requirements

1. Whenever a bond is provided, it shall be executed by a Surety licensed to write surety insurance in the State of Georgia and the attached Bond Forms shall be utilized.

2. The successful Bidder shall give a Contract Bid Bond, Performance Bond and a

Payment Bond, post a Bid Bond of five percent (5%) of the bid price, a Payment Bond of one hundred percent (100%) of the bid price and a Performance Bond of one hundred percent (100%) of the bid price, for the use of all persons doing work or furnishing skills, tools, machinery, or materials under or for the purpose of the resulting Contract, in accordance with the applicable provisions of Georgia state law, including but not limited to, O.C.G.A. § 13-10-1 and § 36-91-21 et seq. The life of these bonds shall extend through the life of the Contract including a sixty

(60) day maintenance period (where applicable) and a twelve-month (12) guarantee period after the completion of Work performed under the resulting Contract.

3. It is further agreed between the parties hereto that if at any time after the execution of the Contract and the surety bonds, the County shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at its sole expense and within ten (10) days after the receipt of notice from the County to do so, furnish additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the County.

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B. Insurance Requirements

Preamble

The following requirements shall apply to all work under the Contract. Compliance is required by all Contractors/Consultants. To the extent permitted by applicable law, Clayton County (“County”) reserves the right to adjust or waive any insurance requirements contained in this Appendix B and applicable to the Contract.

1. Evidence of Insurance Required Before Work Begins

No work under the Contract may be commenced until all insurance requirements contained in this Appendix B, or required by applicable law, have been complied with and evidence of such is compliance satisfactory to County as to form and content and has been filed with County. Contractor/Consultant must provide County with a Certificate of Insurance and Endorsements that clearly and unconditionally indicate that Contractor/Consultant has complied with all insurance requirements set forth in this Appendix B and applicable to the Contract. If the Contractor/Consultant is a joint venture, the insurance certificate shall name the joint venture, rather than the joint venture partners individually, as the primary insured. In accordance with the solicitation documents applicable to the Contract at the time Contractor/Consultant submits to County its executed Contract, Contractor/Consultant must satisfy all insurance requirements required by this Appendix B and applicable by law and provide the required written documentation to County evidencing such compliance. In the event that Contractor/Consultant does not comply with such submittal requirements within the time period established by the solicitation documents or the transmittal correspondence, County may, in addition to any other rights it may have under the solicitation documents, the Contract or under applicable law, make a claim against any bid security provided by Contractor/Consultant, if any, or decline to enter into a contract with Contractor.

2. Minimum Financial Security Requirements

All companies providing insurance required by this Appendix B must meet certain minimum financial security requirements. These requirements must conform to the ratings published by A.M. Best & Co. in the current Best's Key Rating Guide - Property-Casualty. The ratings for each company must be indicated on the documentation provided by Contractor/Consultant to County certifying that all insurance requirements set forth in this Appendix B and applicable to the Contract have been unconditionally satisfied.

For all contracts, regardless of size, companies providing insurance or bonds under the contract must meet the following requirements:

i) Best's Rating not less than A-VII,

ii) Best's Financial Size Category not less than Class VII, and

iii) Companies must be authorized to conduct and transact insurance contracts by the Insurance Commissioner, State of Georgia.

iv) All bid, performance and payment bonds must be underwritten by a U.S.

Treasury Circular 570 listed company.

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If the issuing company does not meet these minimum requirements, or for any other reason is or becomes unsatisfactory to County, County will notify Contractor/Consultant in writing. Contractor/Consultant must promptly obtain a new policy or bond issued by an insurer acceptable to County and submit to County evidence of its compliance with these conditions.

Contractor/Consultant’s failure to comply with all insurance minimum requirements set forth in this Appendix B and applicable to the Contract will not relieve Contractor/Consultant from any liability under the Contract.

Contractor/Consultant’s obligations to comply with all insurance requirements set forth in Appendix B and applicable to the Contract will not be construed to conflict with or limit Contractor/Consultant’s indemnification obligations under the

3. Insurance Required for Duration of Contract

All insurance required by this Appendix B must be maintained during the entire term of the Contract, including any renewal or extension terms, and until all work has been completed to the satisfaction of the County. If Clayton County shall so request, the Contractor/Consultant will furnish the County for its inspection and approval such policies of insurance with all endorsements, or confirmed specimens thereof certified by the insurance company to be true and correct copies.

4. Notices of Cancellation & Renewal

Contractor/Consultant must, notify Clayton County in writing at the address listed below by mail, hand-delivery, or facsimile transmission, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Contract and Appendix B that concern the proposed cancellation, or termination of coverage.

Risk Management Division Central Services Dept.

7994 N. McDonough St.

Jonesboro, GA 30236 Fax No. (770) 473-5907

Confirmation of any mailed notices must be evidenced by return receipts of registered or certified mail.

Contractor/Consultant shall provide the County with evidence of required insurance prior to the commencement of this Contract, and, thereafter, with a certificate and required endorsements evidencing renewals, replacements, or changes to required policies of insurance at least fifteen (15) days prior to the expiration of previously provided certificates.

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5. Agent Acting as Authorized Representative

Each and every agent acting as Authorized Representative on behalf of a company affording coverage under this contract shall warrant when signing the Certificate of Insurance that specific authorization has been granted by the Companies for the Agent to bind coverage as required and to execute the Certificates of Insurance as evidence of such coverage. Clayton County coverage requirements may be broader than the original policies; these requirements have been conveyed to the Companies for these terms and conditions.

In addition, each and every agent shall warrant when signing the Accord Certificate of Insurance that the Agent is licensed to do business in the State of Georgia and that the Company or Companies are currently in good standing in the State of Georgia.

6. Certificate Holder

Clayton County, GA, Clayton County Board of Commissioners, 7994 N.

McDonough St., Jonesboro, GA 30236, must be named as certificate holder. All notices must be mailed to the attention of Risk Management at 7994 N.

McDonough St., Jonesboro, GA 30236.

7. Project Number & Name

The project number and name, ITB #23-347 Prefabricated Modular Restrooms for Clayton County, Georgia, may be referenced in the description section of the insurance certificate.

8. Additional Insured Endorsements

The County must be covered as Additional Insured under all insurance (except Worker’s Compensation, Automobile Liability and Professional Liability) required by this Appendix B and such insurance must be primary with respect to the Additional Insured. Contractor/Consultant must submit to County an Additional Insured Endorsement Evidencing County’s rights as an Additional Insured for each policy of insurance under which it is required to be an additional insured pursuant to this Appendix B. Endorsement must not exclude the Additional Insured from Products - Completed Operations coverage. The County shall not have liability for any premiums charged for such coverage. The Endorsement must include the following verbiage: “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor/Consultant.”

9. Waiver of Subrogation Endorsement

The Workers’ Compensation policy must contain a Waiver of Subrogation Endorsement in favor of Clayton County including the following verbiage, “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers for losses arising from work performed by or on behalf of the Contractor/Consultant.”

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10. Mandatory Sub-Contractor/Consultant Compliance It is the sole responsibility of the general Contractor/Consultant to ensure all sub- Contractors/Consultants working under it have separately procured any and all types and limits of insurance that is required under any and all pertinent local, state, federal, ordinances or resolutions that are suitable for the particular trade that the sub-Contractor/Consultant is performing. It is also the sole responsibility of the general and/or prime Contractor/Consultant to ensure any and all sub- Contractors/Consultants or vendors carry types and limits of insurance not less than those listed herein and that the sub-Contractors/Consultants and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds per this Appendix B.

11. Self- Insured Retentions, Deductibles or Similar Obligations

Any self-insured retention, deductible or similar obligation will be the sole responsibility of the Contractor/Consultant.

12. Task Order

Evidence of compliance with insurance requirements must be provided on a Task Order basis prior to the issuance of any Notice to Proceed. Additional Insurance Requirements may be mandatory for particular Task Orders as required.

13. Coverage Limits Coverage provided by the Contractor/Consultant shall not be limited to the liability assumed under the indemnification provisions of the Contract.

14. Non-limitation on the Contractor’s/Consultants Liability The obligations for the Contractor/Consultant to procure and maintain insurance shall not be construed to waive or restrict other obligations and it is understood that insurance in no way limits liability of the Contractor/Consultant whether or not same is covered by insurance.

15. Use of Premises The Contractor/Consultant shall confine its apparatus, material, and the operations of its workers to limits/requirements indicted by law, ordinances, permits, codes, and any restriction of Contractor/Consultant and shall not unreasonably encumber the premises with its materials or supplies.

C. Coverage Types and Limits

1. Workers' Compensation and Employer's Liability Insurance Contractor/Consultant must procure and maintain Workers' Compensation and Employer's Liability Insurance in compliance with the applicable Workers’ Compensation Act(s) of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes in the following limits to cover each employee who is or may be engaged in work under the Contract:

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Workers' Compensation. . . . . . . . Statutory Employer's Liability:

Bodily Injury by Accident/Disease $1,000,000 each accident Bodily Injury by Accident/Disease $1, 000,000 each employee Bodily Injury by Accident/Disease $1,000,000 policy limit

2. Commercial General Liability Insurance

Contractor/Consultant must procure and maintain Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence subject to a $2,000,000 aggregate. The following is the minimum insurance and limits that the Contractor/Consultant must maintain. If the Contractor/Consultant maintains higher limits than the minimums shown below, County requires and shall be entitled to coverage for the higher limits maintained by the Contractor/Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to County. The following indicated extensions of coverage must be provided:

Products – Completed Operations Aggregate Personal and Advertising Injury Premises Operations Independent Contractor/Consultants/Sub-Contractor/Consultants Additional Insured Endorsement* (primary& non-contributing in favor of

Clayton County) Any other type of liability for which this Contract applies

3. Commercial Automobile Liability Insurance

Automobile Liability Insurance with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. Insurance shall include all owned, non-owned and hired vehicle liability.

If Contractor/Consultant does not own any automobiles in the corporate name, non-owned vehicle coverage will apply and must be endorsed on either Contractor/Consultant’s personal automobile policy or the Commercial General Liability coverage required under this Appendix B.

4. Excess Liability: $2,000,000

a. Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of three million dollars ($3,000,000). Any form of underlying and excess policies may satisfy such requirement.

b. The policy shall be endorsed to include “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.”

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BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT WE [Insert contractor’s name], ___________________ _______________________________________ as Principal, hereinafter called the Principal, and [Insert Surety Name]_______________________________________ (Surety) a corporation duly organized under the laws of the State of Georgia as Surety, hereinafter called the Surety, and held and firmly bound unto

Clayton County, GA

7994 N. McDonough Street

Jonesboro, GA 30236 as Obligee, hereinafter called Obligee, in the sum of________________________________________________ Dollars ($_____________________________ ), or percent ( 5%) of the amount bid, whichever is less, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for:

ITB #23-347 Prefabricated Modular Restrooms for Clayton County, GA

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bonds or bond as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and…