Request for Bids for Three Dewatering Pumps.pdf

REQUEST FOR BID

THREE (3) DEWATERING PUMPS:

One (1) Four Inch (4”) Dri-Prime Silent Pump, One (1) Six Inch (6”) Dri-Prime Silent Pump, and One (1) Four Inch (4”) Dri-

Prime Pump

Bid Number: 2024-DC-07

April 2024

CLAYTON COUNTY WATER AUTHORITY

1600 Battle Creek Road

Morrow, GA 30260

Virtual Teams Bid Opening Meeting Tuesday, May 7, 2024, at 2:00 pm local time

Non-Mandatory Pre-Bid Virtual Teams Meeting Wednesday, April 24, 2024, at 2:00 pm local time

Clayton County Water Authority April 2024 Three (3) Dewatering Pumps: One (1) Four Inch (4”) Dri-Prime Silent Pump, One (1) Six Inch (6”) Dri-Prime Silent Pump, and One (1) Four Inch (4”) Dri-Prime Pump

Table of Contents i

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

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

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

2.3 Addendum .........................................................................1-2.1

Division 2 Bid Requirements Section 1 Instructions to Bidders ..................................................................2-1.1 Section 2 Risk Management Requirements (Not Required) .........................2-2.1 Section 3 Bid Submittals ..............................................................................2-3.1 Section 4 Bid Form ......................................................................................2-4.1 Section 5 Georgia Bid Bond (Not Required) .................................................2-5.1 Section 6 Bidder Qualification Information and References .........................2-6.1 Section 7 Contractor Affidavit & Agreement (Not Required) .........................2-7.1 Section 8 Small Local Business Enterprises (SLBE) General Information 2-8.1

Division 3 Contract Forms Section 1 Agreement for Single Purchase of Goods ....................................3-1.1 Section 2 Performance Bond (Not Required) ...............................................3-2.1 Section 3 Payment Bond (Not Required) .....................................................3-3.1 Section 4 Non-Collusion Certificate .............................................................3-4.1 Section 5 Certification of Absence of Conflict of Interest .............................3-5.1

Division 4 Specifications Section 1 Specific Conditions ........................................................................... 4-1.1 Section 2 Equipment Specifications ................................................................. 4-2.1

2.1 One Four Inch (4”) Dri-Prime Silent Pump .............................. 4-2.1

2.2 One Six Inch (6”) Dri-Prime Silent Pump ................................ 4-2.3

2.3 One Four (4”) Dri-Prime Pump ............................................... 4-2.5

Table of Contents ii

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

Addenda (None issued at this time)

END OF TABLE OF CONTENTS

Section 1: Request for Bids

1-1.1

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

Name of Project: Three (3) Dewatering Pumps

The Clayton County Water Authority will open sealed bids from qualified vendors via a Virtual Teams Meeting on Tuesday, May 7, 2024, at 2:00 p.m. local time for the purchase of One (1) Four Inch (4”) Dri-Prime Silent Pump, One (1) Six Inch (6”) Dri- Prime Silent Pump, and One (1) Four Inch (4”) Dri-Prime Pump.

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

A Non-Mandatory Pre-Bid Virtual Teams Meeting will be held on Wednesday, April 24, 2024, at 2:00 p.m. local time.

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

Join Microsoft Teams Meeting Dial Phone Number: 912-483-5368 Phone Conference ID: 218 863 43#

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

In an effort to promote responsible environmental practices the bid package is available in electronic (Adobe PDF) format and can be requested via e-mail at 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.

Clayton County Water Authority By: Dr. Cephus Jackson, Chairman

END OF SECTION

https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_MDJhOGQ2ODMtN2M0Ni00NWJmLWFhMWItZjM0ZGVjNTQyNGFj%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25228fea069c-f6d5-44d1-abd6-59e36bb5e36f%2522%252c%2522Oid%2522%253a%252277c4852e-cf94-4e14-832e-f1c508e516e2%2522%257d&data=05%7C02%7Childa.flores%40ccwa.us%7Cdecc2d7286f243e6a79308dc4db65a5b%7C8fea069cf6d544d1abd659e36bb5e36f%7C0%7C0%7C638470692783832288%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=pZ8jCv40MCIQwAE3haojGQKi6GiAD2QBTLqrbXohsro%3D&reserved=0

Section 2: General Information

1-2.1

2.1 Intent and Purpose

The Clayton County Water Authority (CCWA) intends to purchase three (3) Dewatering Pumps - One (1) Four Inch (4”) Dri-Prime Silent Pump, One (1) Six Inch (6”) Dri-Prime Silent Pump, and One (1) Four Inch (4”) Dri-Prime Pump that meet the specifications and requirements respectively set forth in this RFB and will be the most advantageous to CCWA.

At present, the CCWA operates with two pumps. Unfortunately, one of these pumps has malfunctioned to an extent where repair is no longer feasible. These pumps are essential for managing situations where sewer overflows cannot be promptly controlled. Dewatering pumps play a crucial role in bypassing issues, diverting flows to alternative routes until the problem is rectified. The demand for dewatering pumps at CCWA has escalated due to the aging sewer system, heightened occurrences of operational and maintenance blockages.

The bids shall be delivered or mailed to the Clayton County Water Authority, located at 1600 Battle Creek Road, Morrow, Georgia 30260, in a sealed package, on or before Tuesday, May 7, 2024, at 2:00 p.m. (local time). Use the bid package label provided with this RFB (Attachment A).

2.2 Bid Evaluation

To qualify for consideration, the bidder must adhere to all specifications outlined in Division 4. The bid will be awarded to the lowest responsive responsible bidder(s) offering the lowest price while meeting the specified equipment standards including the specific conditions as outlined in Division 4 and will be the most advantageous to the CCWA.

2.3 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. local time, on Friday, April 26, 2024. Any and all responses to bidders’ questions will be issued in the form of an Addendum via email. All addenda issued shall become part of the Bid Documents.

Division 2 Bid Requirements Section 1: Instructions to Bidders

2-1.1

These instructions are to be followed by every entity 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. All requests for interpretations of specifications must be made in writing as instructed in this document not later than five (5) business days prior to receipt of bids.

2. Any changes to this solicitation will be issued via a written addendum. Such addendum will be issued no later than 72 business hours prior to the bid opening.

The CCWA will take reasonable steps to ensure that known perspective Bidders have all applicable addenda, however, it is ultimate responsibility of the Bidder to ensure they have all applicable addenda to the bid submission. An addendum may be issued via the CCWA website, email, fax or regular mail. The CCWA assumes no responsibility for the Bidder’s failure to receive any addenda issued.

3. The Bidders must acknowledge any issued addenda. Bidders who fail to acknowledge the receipt of any addendum will result the rejection of the bid if the addendum contained information which substantively changed the CCWA’s requirements. This determination will be at the sole discretion of CCWA. The CCWA assumes no responsibility for the Bidder’s failure to acknowledge any addenda issued.

4. 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 bid 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.

2-1.2

5. 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.

6. In the event that, after the acceptance of a bid by the Board of Directors of the CCWA, any unsuccessful bidder wishes to contest such action, a written “Notice of Contest” must be filed with the General Manager no later than close of business on the 5th business day after the selection of successful bidder by the Board. Failure to timely file such notice shall forever preclude the filing of a contest of the award, or any civil action in the courts of the State of Georgia or of the United States.

7. 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.

8. 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.

9. 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.

10. 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

2-1.3 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. Unless otherwise instructed, 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.

11. 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.

12. 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.

13. In the case of equipment, these must be new and the most current model available. Determination of best bid response relies in part on the number of required specifications met.

14. In the event that no bidders meet specifications, the CCWA reserves the right to either reject all bids, or choose whichever equipment is most advantageous to

CCWA.

15. 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.

16. 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.

2-1.4

No modification or corrections will be allowed subsequent to the bid opening.

17. 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.

18. 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.

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

20. 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.

21. 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.

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

The Bidder shall retain title for the risk of transportation, including filing for loss or damage. In case of critical need, if the successful bidder cannot deliver the goods upon CCWA’s urgent demands, CCWA reserves the right to pick up the goods from the bidder at a discount,

23. Quantities when shown are estimates only, based on anticipated needs. The CCWA does not guarantee any minimum or maximum quantities under this

2-1.5 bid/contract. 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.

24. 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.

25. 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.

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

27. 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.

28. 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.

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

2-1.6 not a bid complies with the invitation to bid, the plans or the specifications, and as to the solvency and sufficiency of any and all sureties on all bonds.

31. The apparent low bid for goods shall be considered to be the lowest aggregate total price of specified products at their unit prices times the estimated required quantities of these specified products. 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 Requesting Department may be present. A simple coin toss (called by the vendor listed first in the alphabet) will break the tie and decide the award.

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

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

b. Reputation of the bidder in its industry.

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

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

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

2-1.7

34. Bidders are notified that CCWA reserves the right 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.

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

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

2-1.8

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

Section 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. Bidder Qualification Information Form.

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

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

E. Non-Collusion Certificate.

F. Certification of Absence of Conflict of Interest.

G. Copy of Product Catalog or Brochure.

H. Copy of the Manufacturer’s Warranty Statements.

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

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

K. 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.

L. All addenda issued.

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

Section 4: Bid Form

2-4.1

Bid of ________________________________________________________________

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

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

In compliance with the Request for Bids, Bidder hereby proposes to provide: Three (3) Dewatering Pumps in strict accordance with the bid documents as enumerated in the

Request for Bids, within the time set forth therein, and at the prices stated below.

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

Instructions to Bidders.

In submitting this bid, Bidder certifies 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.

Bidder accepts the terms and conditions of the Bid Documents.

ADDENDA: Bidder acknowledges receipt of the following Addenda:

2-4.2

ONE (1) FOUR INCH (4”) DRI-PRIME SILENT PUMP

FOUR INCH PUMP MAKE AND MODEL:

PRICE F.O.B. JONESBORO, GA:

PAYMENT TERMS (Including Discounts):

ESTIMATED DELIVERY TIME (Days):

DATE:

ONE (1) SIX INCH (6”) DRI-PRIME SILENT PUMP

SIX INCH PUMP MAKE AND MODEL:

ONE (1) FOUR INCH (4”) DRI-PRIME PUMP

FOUR INCH PUMP MAKE AND MODEL:

2-4.3

Submitted By:

COMPANY NAME OF BIDDER:

BY (OFFICER NAME):

SIGNATURE:

TITLE

COMPANY ADDRESS:

CITY, STATE, ZIP CODE:

PHONE NUMBER:

E-MAIL ADDRESS:

Section 6: Bidder Qualification Information

2-6.1

COMPANY NAME OF BIDDER:

NUMBER OF YEARS IN BUSINESS:

COMPANY BUSINESS ADDRESS:

TELEPHONE NUMBER:

POINT OF CONTACT NAME:

POINT OF CONTACT EMAIL

ADDRESS:

COMPANY TAX ID NUMBER:

COMPANY WEBSITE:

ENTITY TYPE: Individual/Sole Proprietor Employee Owned Company

Privately Held Corporation/LLC Partnership

Publicly Owned Company Attorney

Other (specify):

NAME OF PRINCIPAL OFFICERS:

Section 6: Bidder Qualification Information

2-6.2

REFERENCES

LIST AT LEAST 5 REFERENCES THAT DEMONSTRATE SIMILAR EXPERIENCE

AND SUCCESS IN SUPPLYING SIMILAR DEWATERING PUMPS

THE CLAYTON COUNTY WATER AUTHORITY (CCWA) SHOULD NOT BE LISTED

AS A REFERENCE.

COMPANY/GOV’T ENTITY NAME: _________________________________________

PUMP THAT WAS PROVIDED: ___________________________________________

CONTACT NAME: _____________________________________________________

ADDRESS: _______________________________________________________

PHONE NUMBER: ___________________________________________________________

COMPANY/GOV’T ENTITY NAME: _________________________________________

PUMP THAT WAS PROVIDED: ___________________________________________

CONTACT NAME: _____________________________________________________

ADDRESS: _______________________________________________________

PHONE NUMBER: ___________________________________________________________

COMPANY/GOV’T ENTITY NAME: _________________________________________

PUMP THAT WAS PROVIDED:____________________________________________

CONTACT NAME: _____________________________________________________

ADDRESS: _______________________________________________________

PHONE NUMBER: ___________________________________________________________

COMPANY/GOV’T ENTITY NAME: _________________________________________

PUMP THAT WAS PROVIDED: ____________________________________________

CONTACT NAME: _____________________________________________________

ADDRESS: _______________________________________________________

PHONE NUMBER: ___________________________________________________________

COMPANY/GOV’T ENTITY NAME: _________________________________________

PUMP THAT WAS PROVIDED: ____________________________________________

CONTACT NAME: _____________________________________________________

ADDRESS: _______________________________________________________

PHONE NUMBER: ___________________________________________________________

Six Inch (6”) Dri-Prime Silent Pump, and One (1) Four Inch (4”) Dri-Prime Pump

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

2-8.1

8.1 Program Overview

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

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

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

Factors such as the nature and amount of the work subcontracted; whether the SLBE has the skill and expertise to perform the work for which it has been certified; whether the SLBE actually performs, manages or supervises the work; and whether the SLBE intends to purchase commodities and/or services from a non-SLBE and simply resell them will be considered in determining if the SLBE is performing a commercially useful function.

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

• Independently owned and operated business concern whose average annual gross receipts for the previous three years must not exceed: (1) Construction Firms

– $18,250,000; (2) Professional Services Firms – $5,500,000; (3) Architectural Firms – $3,750,000; (4) Engineering Firms – $7,500,000, and (5) Goods and Services – less than 250 employees.

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

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

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

Six Inch (6”) Dri-Prime Silent Pump, and One (1) Four Inch (4”) Dri-Prime Pump

2-8.2

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

8.2 SLBE Incentive Type

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

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

Bid Discount

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

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

10% for SLBE’s in Clayton County.

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

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

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

Preference Points

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

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

Certified Firms will be based on the following criteria:

10 Points for CCWA SLBE Firms in Clayton County.

Six Inch (6”) Dri-Prime Silent Pump, and One (1) Four Inch (4”) Dri-Prime Pump

2-8.3

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

Example:

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

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

TOTAL POINTS 80 TOTAL POINTS 70

8.3 SLBE Conclusion

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

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

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

8.4 Solicitation SLBE Required Form(s)

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

mailto:ccwa_slbe_program@ccwa.us

Division 3 Contract Forms Section 1: Agreement for Single Purchase of Goods

3-1.1

STATE OF GEORGIA

COUNTY OF CLAYTON

AGREEMENT FOR SINGLE PURCHASE OF GOODS

This Agreement for Single Purchase of Goods (“Agreement”) is made and entered into this ____ day of ____________, 20____, regarding Bid Number ________________ (“the Solicitation”), between the CLAYTON COUNTY WATER AUTHORITY, a body corporate and politic, a public corporation, and a political subdivision of the State of Georgia duly created and existing under the laws of the State of Georgia ("Authority"), and___________________________________________ (“Contractor”), from time to time collectively referred to herein as “Parties”, witnesseth:

WHEREAS, the Authority made a solicitation for goods pursuant to the Solicitation;

and

WHEREAS, the Contractor responded to the Solicitation and has been awarded the bid pursuant to the procurement policies of the Authority; and

WHEREAS, the Authority is contracting with the Contractor for the provision of the goods described herein under the terms specified.

NOW THEREFORE, the parties agree as follows:

1. DESCRIPTION OF GOODS: The Contractor agrees to provide the goods to the Authority in such quantities and under such terms as detailed in the Solicitation, and Contractor’s bid and response thereto, including, but not limited to, on the Bid Form.

2. COMPENSATION: As full compensation for the goods, the Authority shall pay, and the Contractor shall receive, the prices stipulated in the Contractor’s bid and response to the Solicitation. As the Authority is a political subdivision of the State of Georgia and thus exempt from sales taxation, notwithstanding the terms of the Solicitation, Contractor acknowledges that the Authority shall not be responsible for payment of any sales taxes for the goods provided under this Agreement.

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3. DELIVERY OF GOODS: If delivery of the goods is to occur by means of shipping, the Contractor shall ship the goods to the Authority under the terms of Free on Board (FOB) Destination. The Contractor shall cause the delivery of goods to the Authority within 60 calendar days after the Authority gives written notification to the Contractor of the award of the Solicitation to the Contractor. The Contractor shall immediately notify the Authority in writing of any event or condition that could delay delivery of the goods; provided, however, that such notification shall not require the Authority to waive of its rights or remedies under this Agreement.

4. WARRANTY ON GOODS PROVIDED: The Contractor warrants and represents that:

(a) Goods ordered to specifications will conform thereto and to any drawings, samples, or other description furnished or adopted by the Authority, and will be fit and sufficient for the purpose intended.

(b) All goods are merchantable, of good material and workmanship, and free from defect.

(c) The goods shall be delivered free of the rightful claim of any person arising from patent or trademark infringement.

(d) Contractor has absolute and good title to and full right to dispose of the goods, and that there are no liens, claims, or encumbrances of any kind against the goods.

(e) The goods are subject to the requisite manufacturer’s warranties as applicable to the product purchased in new condition from the manufacturer.

The manufacturer’s warranties shall run to the Authority, its successors, assigns, customers at any tier, and ultimate user and joint users. Notices of any defect or nonconformity shall be given by the Authority to the Contractor within fifteen (15) months after acceptance by ultimate user; provided, however that in the event the goods are designed by the Contractor, notice must be given within three (3) years after acceptance by ultimate user. The rights and remedies of the Authority concerning latent defects shall exist indefinitely and shall not be otherwise affected by this paragraph. For defects or violations of the warranties, the Authority may, at its option, and in addition to other remedies available at law, either (i) return for credit, (ii) require prompt correction or replacement of the defective or nonconforming goods, or (iii) have the defective items corrected or replaced at the Contractor’s expense and deduct the cost thereof from any monies due the Contractor. The return to the Contractor of any defective or nonconforming goods

3-1.3 and delivery to the Authority of any corrected or replaced goods shall be at the Contractor’s expense. Goods required to be corrected or replaced shall be at the Contractor’s expense. Goods required to be corrected or replaced shall be subject to the provision of this paragraph and the paragraph of this Agreement entitled “Inspection” on the same manner and to the same extent as goods originally delivered under this Agreement. In addition to correcting or replacing any defective or nonconforming goods, the Contractor shall also reimburse the Authority for all costs and expenses incurred by the Authority in connection with inspection and discovery of the defects, identifying and correcting the cause of such defects and all other activities reasonably undertaken by the Authority to obtain conforming goods or attempting to obtain from the ultimate user a waiver to permit the defective goods to be used with all or part of the defective conditions.

5. INSPECTION: As applicable, the Authority shall have the right to inspect the goods supplied hereunder at any time during the manufacture or fabrication thereof at the Contractor’s facilities or elsewhere. Such inspection may include, without limitation, raw materials, components, work in process, and completed products as well as drawings, specifications, and released data. Final inspection and acceptance shall be after delivery to the delivery point designated by the Authority.

If any inspection or test is made by the Authority at the Contractor’s facility or elsewhere, the Contractor shall provide reasonable facilities and assistance for the inspection personnel. The Authority may reject all goods supplied hereunder, which are found to be defective. Goods so rejected may be returned to the Contractor at the Contractor’s expense. No inspection, examination, or test, regardless of extensiveness or type, and no approval given in connection with any such inspection, examination, or test, whether under this Agreement or another contract for the same or similar goods, shall relieve Contractor of any obligation to comply fully with all requirements of this Agreement, including the obligation to produce goods that conform to all requirements of the drawings, specifications and any other Contract Documents of the Solicitation. At the Authority’s request, the Contractor shall repair or replace defective goods at the Contractor’s expense.

Failure to inspect goods, failure to discover defects in goods or payment for goods shall not constitute acceptance or limit any of the Authority’s rights, including without limitation those under the “Warranty” provisions of this Agreement. In the event inspection reveals a defect or defects and schedule urgency requires that the defect or defects be corrected by the Authority to support production, all cost of such correction, including, without limitation, installation and removal, will be charged to the Contractor; such charges will also include time and material and

3-1.4 appropriate indirect and overhead expenses. The Contractor shall maintain an inspection system acceptable to the Authority covering the goods furnished hereunder.

6. RELATIONSHIP OF THE PARTIES:

(a) Independent Contractors. Nothing contained herein shall be deemed to create any relationship other than that of independent contractor between the Authority and Contractor. This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between the Authority and Contractor. It is expressly agreed that Contractor is acting as an independent contractor and not as an employee in providing the Services under this Agreement.

(b) Employee Benefits. Contractor shall not be eligible for any benefit available to employees of the Authority including, but not limited to, workers’ compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans.

(c) Payroll Taxes. No income, social security, state disability or other federal or state payroll tax will be deducted from payments made to Contractor under this Agreement. Contractor shall be responsible for all FICA, federal and state withholding taxes and workers’ compensation coverage for any individuals assigned to perform the Services for the Authority.

7. ASSIGNMENT AND SUBCONTRACTING: The Contractor shall not assign this Agreement or any portion of this Agreement, nor shall the Contractor subcontract for goods hereunder without the prior express written consent of the Authority. No assignment or subcontract by the Contractor, including any assignment or subcontract to which the Authority consents, shall in any way relieve the Contractor from complete and punctual performance of this Agreement, including without limitation all of the Contractor’s obligations under the “Warranty” provisions of this Agreement.

8. THE AUTHORITY’S ASSISTANCE AND COOPERATION: During the Contractor’s performance of this Agreement, the Authority may, but has no obligation to, provide assistance to, or cooperate with, the Contractor in activities that facilitate the proper performance and completion of this Agreement by the Contractor. Such assistance and cooperation may include without limitation: (i) providing engineering or other analysis or advice on correcting problems; (ii)

3-1.5 refraining from strict enforcement of time schedule requirements under this Agreement; (iii) permitting use of test materials or documentation not performed or produced under this Agreement. Such assistance or cooperation by the Authority shall not be construed, and the Contractor agrees that it will not claim that any such assistance or cooperation operates, to relieve the Contractor from complete, proper and punctual performance of all the Contractor’s obligations under this Agreement.

9. WORK ON THE AUTHORITY’S DESIGNATED PREMISES: In the event that the Contractor, the Contractor’s employees or agents or the Contractor’s subcontractors enter the Authority’s designated premises for any reason in connection with this Agreement, the Contractor and such other parties shall observer all security requirements and all plant safety, plant protection, and traffic regulations.

10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless the Authority and its board members, directors, officers, officials, employees, agents, and legal representatives (collectively, the “Authority Indemnitees”) from and against any and all liabilities, demands, losses, damages, fines, penalties, costs or expenses (including but not limited to reasonable attorney’s fees and costs or fines or penalties charged by any governmental entity), incurred by any Authority Indemnitee as a result of or arising out of (i) the wrongful misconduct or negligence (including fraud) of Contractor or its employees, agents, and representatives in performing this Agreement; (ii) a material breach by Contractor of its covenants; or (iii) failure by Contractor or its employees, agents, and representatives to comply with all applicable federal, state, or local law, rule or regulation in connection with services provided under this Agreement. Contractor expressly understands and agrees that any bond or insurance protection required by this Agreement, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Authority Indemnitees as provided herein.

These obligations shall survive termination.

11. TERMINATION FOR DEFAULT:

(a) The Authority may, subject to the provisions of subparagraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this Agreement in any one of the following circumstances; (i) if the Contractor fails to perform this Agreement within the time specified herein or any extension thereof; or (ii) if the

3-1.6

Contractor fails to perform any of the other provisions of this Agreement, or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and does not cure such failure within a period as the Authority may authorize in writing after receipt of notice from the Authority specifying such failure.

(b) In the event the Authority terminates this Agreement in whole or in part as provided in subparagraph (a) above, the Authority may procure, upon such terms and in such manner as the Authority may deem appropriate, goods, similar to those so terminated, and the Contractor shall be liable to the Authority for any excess costs for the same, including without limitation all cost and expenses of the type specified in the “Warrant” paragraph of this Agreement; provided, that the Contractor shall continue the performance of this Agreement to the extent not terminated hereunder.

(c) Except with regard to defaults of subcontractors, where agreed to and applicable, the Contractor shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault of negligence of the Contractor. Such causes may include, but are not limited to, acts of God, or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.