ITB _24_56.pdf

ITB #24-56 Demolition and Installation of Concession and Restroom Buildings for Clayton County, Georgia Page 2 of 103

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 Work Attachment B – Bid Cost Form Attachment C – Draft Agreement

9. EXHIBITS

Exhibit A – General Requirements Exhibit B – Scope of Work Clarifications Exhibit C – Unit Rate Table Exhibit D – Closeout Documents Exhibit E – Work in Inclement Weather Exhibit F – Morrow/Lake City Park Asbestos Assessment Exhibit G – Rex Park Asbestos Assessment Exhibit H – Rum Creek Asbestos Assessment Exhibit I – Line of Demarcation

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ITB #24-56 DEMOLITION AND INSTALLATION OF CONCESSION AND RESTROOM

BUILDINGS FOR CLAYTON COUNTY, GEORGIA

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Invitation to Bids: This Invitation to Bid (ITB) is for qualified General Contractors, hereinafter referred to a s Bidders (“Bidder” or “Bidders”) for the Demolition and Construction of Concession and Restroom Buildings 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 Contractor’s License: Bidders responding to this ITB must provide a copy of its current Georgia General Contractor’s License as required by O.C.G.A. § 43-41-6, et seq. The Georgia General Contractor’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 Contractor’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 Contractor’s License: Bidders responding to this ITB must provide a copy of its or its subcontractor’s Georgia Utility Systems Contractor’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 Contractor’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.

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.

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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 Tuesday, June 25, 2024 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 Tuesday, June 4, 2024 at 10:00 a.m., EST. and will be hosted virtually by our staff and responsible person(s). 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 begin on Tuesday, June 4, 2024, at 2:00 p.m., EST at the following locations:

12.1 Morrow/Lake City Recreation Fields, 5555 N. Lake Drive, Lake City, GA 30260 at 2:00 P.M.

12.2 Rum Creek Park, 1303 Government Circle, Jonesboro, GA 30236 at 2:30 P.M.

12.3 Rex Park, 3499 Rex Road, Rex, GA 30273 at 3:00 P.M.

13. Solicitation Questions/Prohibited Contacts: Any questions and communications regarding this ITB shall be submitted in writing by logging into https://www.bidnetdirect.com/georgia/claytoncounty on or before Tuesday, June 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 of Central Services will review alleged violations of this prohibition. If the Chief Procurement Officer of Central Services 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.

14. 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.

https://www.bidnetdirect.com/georgia/claytoncounty mailto:centralservicesbids@claytoncountyga.gov https://www.claytoncountyga.gov/government/central-services/bids-and-proposals-bids-and-proposals.aspx

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15. 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.

16. 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.

17. 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.

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

19. 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.

20. 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.

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

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20.5 Pursuant to the Clayton County Code of Ordinance, Section 2-113 Bids may be disqualified by the Chief Procurement Officer of Central Services 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 Contractor 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.

21. 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 Contractor 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 Contractor 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 Contractor 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.

22. 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.

https://e-verify.uscis.gov/enroll

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23. 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.

24. 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.

25. 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 #24-56 Demolition and Installation of Concession and Restroom Buildings 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.

26. 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.

27. 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.

28. 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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ITB #24-56 DEMOLITION AND INSTALLATION OF CONCESSION AND

RESTROOM BUILDINGS FOR CLAYTON COUNTY, GEORGIA

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 ______________

F6.13 CERTIFICATE OF ABSENCE OF CONFLICT OF INTEREST FOR

DEVELOPMENT OF SPECIFICATIONS OF SCOPE OF WORK ______________

F6.14 DEBARMENT 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 https://www.bidnetdirect.com/georgia/claytoncounty

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ITB #24-56 DEMOLITION AND INSTALLATION OF CONCESSION AND

RESTROOM BUILDINGS FOR CLAYTON COUNTY, GEORGIA

1. INTRODUCTION

1.1 BACKGROUND

In 1985 the Georgia Legislature authorized Counties to collect an optional one percent (1%) sales tax, referred to as a Special Purpose Local Option Sales Tax (SPLOST), to fund specific capital outlay projects. Since 2004, the County has utilized SPLOST funds as a source of funding for capital outlay and improvement programs. The Demolition and Installation of Concession and Restroom Buildings for Clayton County, Georgia is a key SPLOST funded project approved by the citizens that will require completion on schedule and within specified budget requirements.

This ITB is for the Demolition and Installation of Concession and Restroom Buildings for Clayton County, Georgia.

This project is funded through the US. Department of Housing and Urban Development, and all aspects of the project must conform to US HUD standards and requirements including Section 3 Certification and Davis Bacon Wage Determinations.

1.2 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.

1.2.1 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:

1.2.1.1 Has the appropriate and adequate technical experience required;

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

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

1.2.1.4 Has a satisfactory record of performance;

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

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

1.2.1.7 Such other factors as the County deem to be pertinent to either the Bid or the contract.

1.2.2 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.

1.3 TERM OF CONTRACT

The Contractor will mobilize with sufficient forces such that all work is completed within one hundred twenty-two (122) calendar days from and including the effective date on the NTP.

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1.4 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.

1.4.1 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.

1.4.2 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.

1.4.3 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 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 Demolition and Installation of Concession and Restroom Buildings for Clayton County, Georgia as specified by this ITB, Attachment A, Scope of Work; Exhibit A, General Requirements and Exhibit B, Scope of Work Clarifications 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 Bidder must have a minimum of three (3) years of experience with demolition, removing and disposing of similar type projects. Please be sure to include the necessary references to support this requirement in Appendix C, Required Form Submittals, F6.10 – Reference and Release Form.

3.2 Bidder must follow all EPA Demolition requirements as they pertain to this ITB including The National Emissions Standards for Hazardous Air Pollutants (NESHAP) (§ 61.140 40 CFR Ch. I (7–1–11 Edition).

3.3 Bidder must obtain all permits required for the Demolition and Installation of Concession and Restroom Buildings for Clayton County, 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.

-BALANCE OF PAGE INTENTIONALLY LEFT BLANK-

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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.

Clayton County has set a standard goal for contracts (subject to a contract by contract review under §2-145 of the Clayton County Small Local Business and Procurement Non-Discrimination Ordinance).

This project has a thirty (30%) percent SLBE subcontracting goal, which means the Bidder must utilize or make a good faith effort to utilize, SLBE’s certified with Clayton County. The County will use the information contained on the forms to determine the responsiveness and for recordkeeping purposes to track the utilization of SLBE’s. Clayton County encourages firms 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:

http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf;

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

Sub-contractor participation is required to be submitted as part of the proposal submission by each Bidder. Award of the contract is conditioned upon satisfaction of the SLBE and non-discrimination requirements. If the SLBE participation does not meet the goals, the Bidder will be required to submit evidence demonstrating that “good faith efforts” were made to meet the goal. An SLBE Prime Contractor may self-perform up to ½ of the required SLBE percentage. (Example: 30% SLBE goal, SLBE Prime perform up to 15%)

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 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. Statement of Interested Sub-contractors/Vendors – A3

4. Statement of Bid Proposals/Price Quotations – A4

5. Good Faith Efforts – A5: Submitted evidence demonstrating that good faith efforts were made to meet the goal.

6. Good Faith Efforts Checklist – A6: A checklist demonstrating the necessary documentation needed that is evidence that good faith effort was indeed made.

7. 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.

8. Subcontractor Substitution Request Post Award – A8 (THIS FORM IS NOT

REQUIRED TO BE SUBMITTED WITH RESPONSE)

9. SLBE Compliance Affidavit- This for should be notarized and submitted affirming adherence to SLBE goal and the use of subcontractors on the project.

Addition/Removal or substitution of subcontractors MUST be approved by the Contract Compliance Division PRIOR to the sub performing work.

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.

https://claytoncountyforms.claytoncountyga.gov/monthly-sub-contractor-utilization-spend-report/

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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 require 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 was discriminatory in selecting sub-contractors. 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 sub-contractors listed by Bidders in their bid packages.

--BALANCE OF THE PAGE INTENTIONALLY LEFT BLANK--

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SLBE FORM A.1

Covenant of Non-Discrimination Form (Form A1)

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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Description of Good Faith Efforts

If you cannot meet the Small Local Business Enterprises (SLBE) goal set forth in the ITB, in addition to the information included on the Statement of Interested Subcontractors and Statement of Bid Proposals/Price

Quotations submitted with your bid/proposal, please provide a narrative explanation of why you cannot meet the

SLBE goal and the steps taken to include SLBEs in your proposal/bid. Describe specific actions (i.e. phone calls, etc.). Please provide copies of any solicitation notices sent, whether by email, fax or mail, and the amount of time given for response. Describe efforts to follow up initial communications. Identify the individuals from your organization who performed these activities. Attach additional pages as needed.

I hereby attest that I have exercised good faith efforts to meet the Small Local Business Enterprise goals for this bid. Despite such good faith efforts, I have not been able to meet the SLBE goal for this bid.

Signature

Name and Title (typed or printed)

Name of Firm

Carol J. Rogers Chief Procurement Officer

7994 N. McDonough Street, Jonesboro, GA 30236 Main #: 770-477-3587 / Fax #: 770-477-3335

Warehouse

Administration, Contracts, Contract Compliance, Purchasing and Risk

Management

1330 Government Circle, Jonesboro, GA 30236 Main #: 770-477-3561 / Fax #: 770-477-3616

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LETTER OF INTENT TO PERFORM AS A

SUBCONTRACTOR BETWEEN PRIME AND SUBCONTRACTOR/JOINT VENTURER

In the event that a Bidder proposes to use subcontractors or joint ventures if awarded a contract for this project with Clayton County, the Prime Bidder is required to submit this signed Letter of Intent (LOI) from each subcontractor/joint venture partner that will be utilized on this project. A separate letter must be submitted for each proposed subcontractor. The amount and scope of work indicated on each LOI shall be the actual amount indicated on the Statement of Successful Subcontractors (A2 Form) that was submitted with the bid.

This letter shall be completed and submitted with the bid to be deemed responsive. Final confirmation of subcontractors and amounts will be required from the successful bidder prior to award.

Project Name ITB #24-56 Demolition and Installation of Concession and Restroom Buildings for Clayton County, Georgia

Bid Number

Name of Prime Vendor

Address:

Street City State Zip Code

Telephone: ( ) Fax: ( ) Email:

Name of Subcontractor

Address:

Street City State Zip Code

Telephone: ( ) Fax: ( ) Email:

Tax ID/FDIN # (DO NOT LEAVE BLANK) ___________________________________

Type of Agreement: Services Supplies Both Services & Supplies

Payment Type: Lump Sum Hourly Rate Unit Price

Estimated Subcontract Amount $ Estimated % of Contract

Description of Work to be Performed or Supplies Provided

List the government or private organization with whom the subcontractor/vendor is certified as a small, minority or woman-owned business enterprise:

The prime bidder and subcontractor/vendor listed above agree that upon execution of a contract for the above-named project between Clayton County and the prime bidder, that the subcontractor will perform the scope of work for the price as listed above. The parties acknowledge that this letter of intent is only valid if a contract is awarded to and executed with the prime bidder.

Prime

Contractor Subcontractor

Company Name Company Name

Signature Date Signature Date

Printed Name/Title

REVISED 9/26/18

Printed Name/Title

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Form A8

Central Services

This form must be approved by the Clayton County Central Services Department Chief Procurement Officer before terminating a contract with an SLBE subcontractor or NON-certified subcontractor once the bid has been opened or the proposals have been submitted.

Prime Contractor Information:

Prime Contractor Name:____________________________ Contract/Project Title: _________________

Name of Authorized Representative for Prime Contractor: ____________________________________

Email: _______________________________________ Phone: ________________

Signature of Authorized Representative: ____________________________ Date: _________________

For Subcontractor Substitution Requests:

Name

Work Description Total Subcontract Amount

SLBE or

NON

Current

Proposed Substitution

Explanation of the reason for the Substitution Request: __________________________________

Name of Authorized Representative for Proposed Substitution: __________________________

Signature of Authorized Representative: _____________________________________ Date: _________

SUBCONTRACTOR SUBSTITUTION & ADDITION /POST-AWARD

REQUEST

Bid/Proposal/Contract Reference No. _______________

THIS FORM IS NOT REQUIRED TO BE SUBMITTED WITH BID

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Form A8

Request to Add Subcontractor

This form must be approved by the Clayton County Central Services Department Chief Procurement Officer before adding contract with an SLBE subcontractor or NON-certified subcontractor once the bid has been opened or the proposals have been submitted.

Prime Contractor Information:

Prime Contractor Name:____________________________ Contract/Project Title: _________________

Name of Authorized Representative for Prime Contractor: ____________________________________

Email: _______________________________________ Phone: ________________

Signature of Authorized Representative: ____________________________ Date: _________________

For Subcontractor Addition Requests:

Subcontractor Name Work Description Total Subcontract Amount

SLBE or NON

Added

Signature of Authorized Representative: _____________________________________ Date: _________

FOR CLAYTON COUNTY GOVERNMENT OFFICE USE ONLY

Request reviewed and processed: Approved Declined Comments:

Contract Compliance Approver Signature: Date:

Printed Name/Title:

Central Services Chief Procurement Officer/Assistant Approver Signature: Date:

Printed Name/Title:

SPLOST PM or USER Department Approval Signature: Date:

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For Post Award Reduction Requests:

Goal set for this Contract: ______% Reduced Goal Requested: ______%

You must attach documentation of your good faith efforts to achieve the goal including:

1. Did you attempt to meet the original subcontractor utilization commitment with the subcontractors listed on the subcontractor utilization plan included with the contractor’s bid or proposal?

(Yes/No) ____

a. If “Yes”, please attach a summary of why you were unable to use the subcontractor(s) listed on the subcontractor utilization plan included with your bid or proposal.

2. Did you make efforts to find a substitute to meet the original contract goal including written solicitations or correspondences made to attempt to find certified firms to replace the subcontractors listed on the subcontractor utilization plan included with the contractor’s bid or proposal? (Yes/No) ____

a. If “Yes”, please attach a sheet summarizing these efforts and include copies of any written solicitations or correspondences.

3. Did you make efforts to select portions of the contract scope to be performed by certified firms?

a. If “Yes”, attach a sheet detailing the scopes of work that you chose to seek subcontractors for and the scopes of work that you chose to self-perform.

4. Did you receive any bids from certified firms that you considered to be unacceptable?

a. If “Yes”, attach a sheet detailing each unacceptable subcontractor bid received including the names and contact information for each subcontractor, the basis of that conclusion that each bid was unacceptable, and whether the plans and specifications for the subcontractor scope of work were provided to the subcontractor.

FOR CLAYTON COUNTY GOVERNMENT OFFICE USE ONLY

Request reviewed and processed: Approved Declined Comments:

Contract Compliance Approver Signature: Date:

Central Services Chief Procurement Officer /Assistant Approver Signature: Date:

Printed Name/Title:

SPLOST PM or USER Department Approval Signature: Date:

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EXHIBIT A9

SLBE PARTICIPATION GOAL

SMALL LOCAL BUSINESS PARTICIPATION COMPLIANCE AFFIDAVIT

The SLBE participation goal for this Project as stated in Appendix A of this document.

Bidder/Proponent hereby agrees that if it shall be successful in the award of the contract for this bid/proposal, it will fully adhere to all the requirements set forth in this Contract with regard to utilizing SLBEs as subcontractors. If bidder/proposer shall fail to adhere to such goals as herein stated, the County may take such action as it deems appropriate, including but not limited to enforcement of the goals, cancelling, or modifying the bidder/proposer’s contract, requiring bidder/proposer to forfeit some or all of the retainage, and/or suspending it from future contracts, or otherwise penalizing the proposer/bidder.

Bidder/Proponent hereby agrees to comply with the SLBE participation goal for this Project

Bidder: _______________________________________

EEV *User ID __________________

Authorized Signature: ______________________________

Date:_______________________

Title: __________________________________________

SUBSCRIBED AND SWORN BEFORE ME ON THIS _____ DAY OF ________________ 2024

_____________________________________ (Seal)

Notary Public

My Commission Expires: ________________

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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.

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…