Mitigation Services _ RFB.pdf

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Attached to
Annual Contract for Mitigation Services
Solicitation number
PE-63125-NONST-2024-000000016
Issued by
Clayton County, Georgia

About this file

This document is a Request for Bids (RFB) issued by the Clayton County Water Authority (CCWA) for an Annual Contract for Mitigation Services. CCWA will open sealed bids on June 11, 2024 at 2:00 p.m. local time via a virtual meeting. A mandatory pre-bid meeting will be held on May 21, 2024 at 2:00 p.m. local time. CCWA encourages Small Local, Minority and Women-Owned businesses to participate. The contract will be awarded for a 12-month period from August 1, 2024 to July 31, 2025, and may be renewed for a second and/or third year term.

The contract will be awarded to the lowest responsive and responsible bidder(s). Bidders must provide pricing on all items listed on the Bid Form, except for Supplied Material and Specialty Services which will be paid at invoice cost plus 10% markup. CCWA will provide a SLBE bid discount for CCWA certified SLBE prime contractors. The total contract amount shall not exceed the amount identified in the Bid Form.

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REQUEST FOR BIDS

ANNUAL CONTRACT FOR MITIGATION SERVICES

Bid Number 2024-DC-16

MAY 2024

Virtual Teams Bid Opening Meeting: Tuesday, June 11, 2024, at 2:00 p.m. local time

Non-Mandatory Virtual Pre-Bid Meeting: Tuesday, May 21, 2024, at 2:00 p.m. local time

This bid has a SLBE BID DISCOUNT

Clayton County Water Authority May 2024 Annual Contract for Mitigation Services i

Table of Contents

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

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

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

1.3 Addendum .............................................................................. 1-2.2

Division 2 Bid Requirements Section 1 Instructions to Bidders .................................................................... 2-1.1 Section 2 Risk Management Requirements ................................................... 2-2.1 Section 3 Bid Submittals ................................................................................ 2-3.1 Section 4 Bid Form ......................................................................................... 2-4.1 Section 5 Georgia Bid Bond .......................................................................... 2.5.1 Section 6 Bidder Qualification Information ..................................................... 2-6.1 Section 7 Contractor Affidavit & Agreement .................................................. 2-7.1 Section 8 Small Local Business Enterprise (SLBE) General Information ....... 2-8.1

Division 3 Contract Forms Section 1 Agreement Form ........................................................................... 3-1.1 Section 2 Performance Bond (Not Required) Section 3 Payment Bond (Not Required) Section 4 Non-Collusion Certification ............................................................ 3-4.1 Section 5 Certification of Absence of Conflict of Interest ................................ 3-5.1

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

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

4.2 Work Assignment ................................................................... 4-1.2

4.3 General ................................................................................... 4-1.2

4.4 Scope of Work ........................................................................ 4-1.2

4.5 Payment Terms ...................................................................... 4-1.6

Attachments A W-9 Form B Vendor Information Form C Bid Package Label

Addenda (None Issued at This Time)

END OF TABLE OF CONTENTS

Division 1 General Information Section 1: Request for Bids

1-1.1

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

Name of Project: Annual Contract for Mitigation Services

The Clayton County Water Authority (CCWA) will open sealed bids from qualified contractors via a Virtual Teams Meeting on Tuesday, June 11, 2024 at 2:00 p.m.

(local time) for the Annual Contract for Mitigation Services. Any bids received after the specified time will not be considered.

To attend the Bid Opening Virtual Meeting, please use the following call-in instructions:

Microsoft Teams Meeting Call in number: +1 912-483-5368 Conference ID: 441 229 780#

A MANDATORY Pre-Bid Meeting will be held in person on Tuesday, May 21, 2024 at 2:00 p.m. (local time) at the Marie Barber Community Use Room, located at 1600 Battle Creek Road, Morrow, GA 30260. No late entries will be allowed.

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

To promote responsible environmental practices the bid package is available in electronic format and can be requested via e-mail to CCWA_Procurement@ccwa.us.

Bidders will need to provide contact information and an email address, and any file size transfer limits to ensure email transmittals can be made. A hardcopy bid package can also be requested at a cost of $25.

By: Dr. Cephus Jackson, Chairman

END OF SECTION

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjE4OTdmYjEtZDJlNy00YWYzLTgwZDYtYWE4MTE5YWQ2ZWFl%40thread.v2/0?context=%7b%22Tid%22%3a%228fea069c-f6d5-44d1-abd6-59e36bb5e36f%22%2c%22Oid%22%3a%22312cf2dd-2eb5-4f74-a1ec-22139b9a0e3d%22%7d mailto:CCWA_Procurement@ccwa.us

Division 1 General Information Section 2: General Overview

1-2.1

1.1 Intent and Purpose

The Clayton County Water Authority (CCWA) has a vast network of over 1,400 miles of sewer lines. Periodically, a sewer line has an internal blockage creating the possibility of wastewater backing up into private properties or public County properties.

CCWA intends to contract for the annual services of an experienced contractor who specializes in emergency cleaning, including sewer backup cleaning and other natural or man-induced conditions requiring emergency sanitation, restoration, and replacement services in Clayton County, GA.

CCWA reserves the right to award a Primary Contractor, as well as a Back-Up Contractor(s) to ensure that our requests under this annual contract can be performed as needed. Work assignments under this contract will be initially offered to the Primary Contractor. Should the Primary Contractor’s work schedule and/or quality of work not meet our contract specifications and expectations, the work will be offered to the Back-Up Contractor(s).

The successful bidder(s) will be required to sign a contract written by CCWA. A sample agreement has been provided with this document on Division 3 Section

1. The contract will be awarded for a twelve (12) month period, from August 1, 2024 through July 31, 2025, and may be renewed for a second and/or third year terms by mutual written consent by both parties at the same terms and conditions. By submitting a sealed bid, bidders must agree to provide all stated services at the same terms, conditions, and bid prices for the specified twelve-month period.

The work under this contract will be determined and assigned by CCWA on an “as-needed”, “when-needed” basis”. CCWA does not guarantee any minimum or maximum work under this contract and reserves the right to procure any similar type of work as a separate solicitation at its sole discretion.

In submitting this bid, bidder certifies that he/she is qualified to do business in the State of Georgia as required by laws, rules, and regulations or, if allowed by statute, covenants to obtain such qualification prior to bid award. If your company is a corporation, it must be registered with the Georgia Secretary of State.

Division 1 General Information Section 2: General Overview

1-2.2

1.2 Bid Evaluation

To be considered responsive, bidders are required to bid on all items listed on the Bid Form.

The contract will be awarded to the lowest responsive responsible bidder(s) whose bids conform to the RFB specifications and will be the most advantageous to the CCWA. For evaluation purposes, estimated quantities are provided on the Bid Form. Bidders must multiply the unit costs by the respective estimated quantities to determine the “Extended Amounts” for each line item. The sum of all Extended Amounts will be the “Total Bid Amount”. In case of discrepancies on calculations of Extended and Total Bid Amounts, the Unit Costs will prevail, as these cannot be changed.

An evaluation will also be performed to ensure bidders comply with the required submittals. Determination of the best responsive responsible bidder will be the sole judgment of the CCWA.

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

1.3 Addendum

Bidders may ask questions regarding this bid prior to the bid opening. To be considered, all questions must be received in writing via email at CCWA_Procurement@ccwa.us by 2:00 p.m. EST, Tuesday, May 28, 2024. All responses to bidders’ questions will be issued in the form of an Addendum by email. All Addenda issued shall become part of the Bid Documents.

Division 2 General Information Section 1: Instructions to Bidders

2-1.1

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

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

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

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

Late entry to the meeting will not be allowed.

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

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

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

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

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

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

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

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

2-1.3

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

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

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

CCWA.

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

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

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

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

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

2-1.4

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

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

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

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

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

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

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

Otherwise, none will be assumed.

2-1.5

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

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

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

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

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

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

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

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

2-1.6

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

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

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

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

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

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

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

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

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

b. Reputation of the Bidder in its industry.

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

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

2-1.7

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

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

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

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

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

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

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

2-1.8

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

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

Division 2 Bid Requirements Section 2: Risk Management Requirements

2-2.1

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

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

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

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

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

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

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

Section 2: Risk Management Requirements

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

2-2.2

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

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

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

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

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

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

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

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

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

Section 2: Risk Management Requirements

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

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

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

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

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

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

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

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

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

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

MINIMUM LIMITS OF LIABILITY ON NEXT PAGE

Section 2: Risk Management Requirements

2-2.4

INSURANCE COVERAGE LIMIT

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

Commercial General Liability

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

Automobile

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

Crime

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

Cyber Insurance

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

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

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

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

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

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

MINIMUM LIMITS OF LIABILITY

Section 3: Required Bid Submittals

2-3.1

3.1 Bid Submittal Requirements:

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

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

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

B. Georgia Bid Bond in the amount of 5% of the total bid amount C. Bidder Qualification Information Form, including References.

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

E. Contractor Affidavit and Agreement form.

F. Subcontractor Affidavit form.

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

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

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

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

H. Non-Collusion Certificate.

I. Certification of Absence of Conflict of Interest.

J. Copies of any and all license(s) required to perform the work.

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

Section 3: Required Bid Submittals

2-3.2

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

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

N. All addenda issued.

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

Section 4: Bid Form

2-4.1

Bid of _________________________________________________________________

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

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

In compliance with the Request for Bids, Bidder hereby proposes to perform work for Annual Contract for Mitigation Services in strict accordance with the Contract Documents as enumerated in the Request for Bids, within the time set forth therein, and at the prices stated below. Work will be on an as needed when needed basis. CCWA does not guarantee any minimum or maximum work quantities under this contract and reserves the right to bid on any cased roadway / railway bores as a separate procurement at its sole discretion.

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

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

CONTRACT EXECUTION:

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

Bidder accepts the terms and conditions of the Documents.

INSURANCE:

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

2-4.2

PAYMENT TERMS:

Payment terms are Net 30 days after receipt of an invoice and acceptance of the work by

CCWA.

ADDENDA:

Bidder acknowledges receipt of the following Addenda:

BID:

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

2-4.3

To be considered responsive, bidders must provide pricing on all items included in this Bid Form, except for items 11 and 12, which will be paid at invoice cost plus Contractor’s 10% markup.

The estimated quantities are provided below for evaluation purposes only. Multiply the estimated quantities by the Unit Prices to determine the Extended Amounts for each line item described below. The addition of all Extended Amounts will be your Total Bid Amount which must show on page 2-4.5 of this Bid Form:

No. Line-Item Description Unit Est.

Qty. Unit Price Extended Amount

1 Emergency Response (per call) EA 2

2 Site Assessment (per visit) EA 2

3 Documentation / Reporting EA 4

4 Cleanup / Trash Removal Ton 1

5 Cleaning, Decontamination, and Disinfection SF 200

6 Odor Control (Deodorizing) Treatment CF 1,600

7 Air Filtration and Ventilation (per HEPA filter used) EA 10

8 Water Extraction, Drying (Vacuuming) and Cleaning

a. Carpeted floors SF 200

b. Hardwood, Laminate, Linoleum /Tile or Ceramic floors SF 200

2-4.4

9 Removal and Replacement

a. Standard fiberglass bathtub, including fixtures EA 2

b. Standard toilet EA 2

c. Standard vanity up to 48”, including sink and fixtures EA 2

d. Walls, including wood framing, sheetrock, and painting SF 200

e. Wood based baseboards up to 6-inch height LF 200

f. Standard tile floors and grout SF 120

g. Standard wood floors SF 120

h. Standard composite floors SF 120

i. Wood sub-floors up to 3-1/4-inch plywood SF 120

j. Standard carpets, to include pads SF 120

10 Hourly Labor

a. Supervisor HR 2

b. Crew Member HR 2

2-4.5

11 Supplied Material - Paid at invoice cost plus Contractor’s 10% markup

12 Specialty Services - Paid at invoice cost plus Contractor’s 10% markup

TOTAL BID AMOUNT $

Submitted by:

Company Name of Bidder: _______________________________________________________ Date: ____________________

CCWA SLBE Certified: Y County: _____________________________ N

2-4.6

Submitted by:

COMPANY NAME OF BIDDER:

By: (OFFICER NAME)

SIGNATURE:

TITLE:

COMPANY ADDRESS:

CITY, STATE, ZIP CODE:

PHONE NUMBER:

EMAIL ADDRESS:

GEORGIA UTILITY

CONTRACTOR LICENSE #:

DATE:

Section 5: Georgia Bid Bond

2-5.1

BOND NO._______________________

KNOW ALL MEN BY THESE PRESENTS, that herein after called the PRINCIPAL, and a corporation duly organized under the laws of the State of having its principal place of business at

______________________________in the State of and authorized to do business in the State of Georgia as SURETY, are held and firmly bound unto Clayton County Water Authority, as OWNER, hereinafter called the OBLIGEE, in the amount of five percent (5%) of the Total Bid Amount for the payment for which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS, the Principal is herewith submitting his or its Bid for the Annual Contract for Mitigation Services and said Bid, by reference thereto, being hereby made a part hereof.

WHEREAS, the PRINCIPAL contemplates submitting or has submitted a Bid to the OBLIGEE for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the documents, entitled: Annual Contract for Mitigation Services.

WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check, certified check, or Bid Bond in the amount of five percent (5%) of the Total Bid Amount be submitted with said Bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said

Section 5: Georgia Bid Bond

2-5.2

Contract, within 10 consecutive calendar days after written notice having been given of the award of the Contract.

NOW THEREFORE, the conditions of this obligation are such that if the PRINCIPAL within 10 consecutive calendar days after written notice of such acceptance, enters into a written Contract with the OBLIGEE and furnishes a Performance Bond and Payment Bond in an amount equal to 100 percent of the contract amount, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the OBLIGEE and the SURETY herein agrees to pay said sum immediately upon demand of the OBLIGEE in good and lawful money of the United States of America, as liquidated damages for failure thereof of said PRINCIPAL.

Signed and sealed this_____________day of___________________20_______.

PRINCIPAL

By___________________________________

SURETY

By___________________________________ Attorney-In-Fact

Section 6: Bidder Qualification Information

2-6.1

COMPANY NAME OF BIDDER: _____________________________________

NUMBER OF YEARS IN BUSINESS

BUSINESS ADDRESS OF COMPANY:

TELEPHONE NUMBER:

POINT OF CONTACT NAME: _____________________________________

POINT OF CONTACT EMAIL ADDRESS: ________________________________

COMPANY TAX ID NUMBER:

COMPANY WEBSITE: _____________________________________

ENTITY TYPE: Individual/Sole Proprietor Employee Owned Company

Privately Held Corporation/LLC Partnership

Publicly Owned Company Attorney

Other (specify): _______________________________________

NAME OF PRINCIPAL OFFICERS:

Section 6: Bidder Qualification Information

2-6.2

REFERENCES

The bid must contain at least three (3) references for the past five (5) years of experience performing mitigation services similar to those required by this RFB.

References must include a contact person, address, and phone number. The Clayton County Water Authority should not be included as a reference.

OWNER:

CONTACT NAME:

PHONE NUMBER:

ADDRESS:

Section 7: Contractor Affidavit and Agreement

2-7.1

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

A. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the

Contractor understands and agrees that compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-.02 are conditions of this Agreement. The Contractor further agrees that such compliance shall be attested by the Contractor through execution of the contractor affidavit required by Georgia Department of Labor Rule 300-10-1-.07, or a substantially similar contractor affidavit. The Contractor’s fully executed affidavit is attached hereto as Exhibit ____ and is incorporated into this Agreement by reference herein.

B. By initialing in the appropriate line below, the Contractor certifies that the following employee-number category as identified in O.C.G.A. § 13-10-91 is applicable to the Contractor:

1. 500 or more employees;

2. 100 or more employees;

3. Fewer than 100 employees.

C. The Contractor understands and agrees that, in the event the Contractor employs or contracts with any subcontractor or subcontractors in connection with this Agreement, the Contractor shall:

1. Secure from each such subcontractor an indication of the employee-number category as identified in O.C.G.A. § 13-10-91 that is applicable to the subcontractor;

2. Secure from each such subcontractor an attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300- 10-1-.02 by causing each such subcontractor to execute the subcontractor affidavit required by Georgia Department of Labor Rule 300-10-1-.08, or a substantially similar subcontractor affidavit. The Contractor further understands and agrees that the Contractor shall require the executed subcontractor affidavit to become a part of the agreement between the Contractor and each such subcontractor. The Contractor agrees to maintain records of each subcontractor attestation required hereunder for inspection by the Clayton County Water Authority at any time.”

Contractor

Authorized Signature:

Name:

Title:

Date:

2-7.2

CONTRACTOR AFFIDAVIT AND AGREEMENT

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

13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Clayton County Water Authority has registered with, is participating in, uses, and will continue to use for the duration of the contract, the federal work authorization program - EEV/Basic Pilot Program operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA), commonly known as E-Verify, in accordance with the applicability provisions established in O.C.G.A. 13-10-91.

The undersigned further agrees that, in connection with the physical performance of services pursuant to this contract with the Clayton County Water Authority, the contractor will only employ or contract with subcontractor(s), who can present a similar affidavit verifying the subcontractor’s compliance with O.C.G.A. 13-10-91. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Clayton County Water Authority within five days of the subcontractor(s) presenting such affidavit(s) to the contractor.

EEV / Basic Pilot Program* User Identification Number Enter the four to seven-digit number

Date of Authorization

Name of Contractor (Printed)

BY: Authorized Officer or Agent of Contractor (Signature) Date

Printed Name of Contractor’s Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

SUBSCRIBED AND SWORN BEFORE ME ON THIS ______ DAY OF ________________

20_____.

Notary Public My Commission Expires https://www.lexis.com/research/buttonTFLink?_m=6e948dd47c0cb6ad150cdda4766c52bd&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bGa.%20Comp.%20R.%20%26%20Regs.%20r.%20300-10-1-.07%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=GACODE%2013-10-91&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVtb-zSkAz&_md5=349f3c83204d82fcf6d6dac8e4c313ef…

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