BL011_25 INV.pdf

January 14, 2025

INVITATION TO BID

BL011-25

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Provision of Instrumentation Calibration, Maintenance, Repair and Replacement on a Multi-Year Contract.

Bid Submittal Date and Location:

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on January 31, 2025 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

Instruction on Submitting Questions:

Questions regarding bids should be directed to Brittany Bryant, CPPB, Purchasing Associate III, at Brittany.Bryant@GwinnettCounty.com or by calling 770-822-7759, no later than 3:00PM on January 23, 2025.

Bids are legal and binding upon the vendor when submitted. All bids should be submitted in duplicate.

Successful contractors will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-7 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator at the Gwinnett County Justice and Administration Center, 770-822-8165.

The written bid documents supersede any verbal or written prior communications between the parties.

Award will be made to the contractor(s) submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible vendor(s) at its discretion.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a bid will be notified via email.

We look forward to your bid and appreciate your interest in Gwinnett County.

Brittany Bryant, CPPB Purchasing Associate III

The following pages should be returned in duplicate as your bid:

Bid Schedule, Pages 8-9 References, Page 10 Code of Ethics Affidavit, Page 11 Contractor Affidavit and Agreement, Page 12 http://www.gwinnettcounty.com/ mailto:Brittany.Bryant@GwinnettCounty.com http://www.gwinnettcounty.com/

BL011-25 PAGE 2

STATEMENT OF WORK

Contractor shall furnish all insurance, transportation, materials, supplies, parts, test equipment, calibration equipment, repair equipment, instrumentation, services, tools, supervision, labor, engineering, technical knowledge, skills, and all things necessary to provide a Multi-year Contract to assess, calibrate, perform repairs and replacements, perform regular inspections, and perform service requests for instrumentation at Gwinnett County Department of Water Resources (DWR) Sites. Instrumentation under an existing or future Gwinnett County Sole Source or Annual Contract may not be included as part of this Work.

Gwinnett County Department of Water Resources sites include all Gwinnett County Water Treatment Facilities, Water Reclamation Facilities, Water Pump Stations, Water Tanks, Water Pressure Stations, Water Diversion Structures, and Sewage Pump Stations. Gwinnett County reserves the right to add or delete any Gwinnett County owned site throughout the contract term.

(see Appendix A for Location List).

Scheduled regular inspections to include instrument calibration (when required) and any Department of Water Resources preapproved preventative maintenance services. Any recommended repairs, replacements, or additional maintenance services must be submitted as Proposed Work and requires approval before implementation.

Proposed Work shall be written out and presented as a detailed Work Order prior to the start of Work. All costs shall be included and involve the use of specific materials, labor and equipment used to complete the Work.

The Department of Water Resources may at any time make an emergency service request to perform an inspection, preventative maintenance, calibration, repair, or replacement. The contractor shall address issues discovered during the emergency site visits with approval from the Department of Water Resources.

BL011-25 PAGE 3

SPECIFICATIONS

1. GENERAL CONDITIONS

1.1. Scope Clarifications

A. Each facility will define support provided by Department of Water Resources staff based on need and Department of Water Resources work force resources.

B. The expectation is that the Contractor is using technicians, subcontractors and/or manufacturers at their discretion to do servicing or repairs on equipment that the Contractor is not certified to perform work.

1.2. Work Schedule

A. Coordinate all Work with Department of Water Resources site representative so that the site’s functionality is not adversely impacted. Work shall not interfere with the receiving of critical shipments of operating materials and supplies nor hinder the day‐to‐day operation of the site.

B. Access hours may vary between sites. Contractors may be allowed access during off hours at Department of Water Resources option.

C. For purposes of invoicing, regular operating hours are from 7:30 AM to 3 PM on weekdays. Overtime includes weekday hours outside of Contractor’s regular operating hours, weekends, and holidays.

1.3. Site Conditions

A. Contractor shall be responsible for obeying each site’s policies regarding use of parking spaces.

B. Contractor shall be responsible for maintaining a hazard‐free work area. All tools, equipment, materials, apparatus, supplies and parts shall be neatly stored in a designated area near the work site in full compliance with OSHA regulations.

C. Contractor may have limited use of 120‐volt single phase, 208‐volt 3‐phase or 230‐volt 3‐phase electric power, and water taps, where available.

D. Record drawings may be available upon request, but there is no guarantee to their availability or accuracy. Contractor to confirm field conditions with a site visit.

1.4. Materials and Material Storage

A. The Department of Water Resources reserves the right to purchase and furnish the Contractor with supplies, materials, instruments, and any other items needed to complete a project. The contractor shall then furnish only services and shall provide estimate less any such items furnished by Department of Water Resources.

a) When performing repairs or replacements, Contractor to ask Department of

Water Resources site representative if there are spare instruments or parts that are available for Contractor use. If none are available, Contractor to furnish instrument or part.

b) Instruments or parts which are furnished by the Department of Water Resources will be provided on a timely basis if possible, so as not to delay Work.

BL011-25 PAGE 4

B. When replacing the existing instrument, the furnished instruments must achieve fit and function with system left in place. Unless otherwise directed by Department of Water Resources, replacement instruments to be the same make and model of the existing instrument. If the make and model is no longer available, the Contractor works with manufacturers of the existing instrument to select a comparable model to the existing and submit the results to Department of Water Resources. If no suitable replacement is available for that manufacturer, Contractor to submit recommendation for replacement from another manufacturer. Department of Water Resources approval of instrument required before installation.

C. The contractor shall provide Department of Water Resources with a fully functional and working system upon completion of the Work.

D. If material storage space is desired, the Contractor is to coordinate with Department of Water Resources site representative. There is no guarantee that space will be available.

E. If the Contractor wishes to have materials delivered directly to the site, this must receive approval from Department of Water Resources site representative, and a contractor representative must be present for the delivery. There is no guarantee that direct site delivery will be permitted. If approved materials are delivered to the site, materials shall be delivered to site in manufacturer’s original container with labels intact.

1.5. Quality Requirements

A. Supplies, materials, devices, apparatus, components, and parts supplied and installed by Contractor shall conform to both the manufacturers and industry standards. Only parts meeting or exceeding that the original instrument will be used for repair work. Materials shall be new, free of defects and suitable for the intended use.

B. Contractor shall comply with manufacturer’s recommendations on product handling, storage, and protection.

C. Contractor shall be in accordance with the methods and procedures of the instrument manufacturer’s schematics, operational, maintenance and repair manuals, unless otherwise stated in the price schedule or purchase order. If manufacturer certified technicians are required for instruments, the contractor will be asked to notify Department of Water Resources prior to work being initiated.

D. All work shall comply with the most recent applicable standards and regulations, including but not limited to OSHA, NESHAP, NEC, NEMA, IEC, SSPC, AWWA, ANSI, ACI, and ASTM.

E. Contractor to test instruments associated with the approved Work, and correct any deficiencies found. Contractor to leave all components and systems in safe, perfect working order.

F. Contractor is required to maintain a complete set of records including all supporting documentation and written correspondence for all Work performed under this contract for the life of the contract plus one full year thereafter. The County reserves the right to access and to review any such records during this time period.

BL011-25 PAGE 5

1.6. Work Orders

A. Work Orders to include an estimated completion time and a detailed cost estimate of labor and materials in accordance with the contract Bid. The cost estimate will be binding.

B. Work exceeding the scope of the original binding estimate must be approved in writing by Department of Water Resources on a case‐by‐case basis before the fact, and only after Contractor has submitted a detailed written explanation for the need, a firm not‐to‐exceed cost to complete the project, and a firm project completion date. Verbal agreements between the County and Service provider are not binding.

C. Assessments, Regular Inspections, and Proposed Work cannot commence without Department of Water Resources written approval of the Work Order.

D. Assessment and Investigation Reports may be used as supplements to a Work Order for Proposed Work.

E. At the request of Department of Water Resources, Contractor may be required to furnish a comprehensive bill of materials before authorization to begin is given.

1.7. Invoice Documentation

A. Invoices shall include the Purchase Order number and the contract number.

B. Invoices shall be based on actual labor and materials used to perform Work, not the estimate. Materials provided by Department of Water Resources are not to be included on the invoice.

C. All labor costs must be tied to the rates in the Bid Schedule. Contractor travel time may be included with the labor hours. Compensation for mileage will not be given.

D. All Contractor furnished materials used must be listed on the original invoice submitted for payment. Department of Water Resources reserves the right to audit the Contractor’s invoices for parts, as it deems necessary.

1.8. Standards, Permits and Licenses

A. The contractor shall be financially responsible for obtaining all licenses and permits required to comply with any regulatory agency in order to perform work under these specifications.

B. Contractor shall be responsible for obtaining any permits or licenses required by the Federal Government, State of Georgia, or Gwinnett County to perform work under these specifications. Safety regulations shall conform to the current Occupational Health and Safety Act (OSHA) and National Institute for Occupational Safety and Health (NIOSH) requirements. Inspections and maintenance for electrical repairs shall conform to the 1999 National Electrical Testing Association (NETA) Standards and to the 1999 National Electrical Code (NEC). National Electrical Manufacturers Association (NEMA) Standards shall be used in lieu of European standards with regards to equipment and apparatus replacement.

BL011-25 PAGE 6

1.9. Experience

To be considered for this contract, Contractors should have a minimum of five (5) years’ experience in the maintenance and repair of water and wastewater instrumentation including incidental electrical apparatus and shall furnish references and proof of competency from past jobs.

Individual technicians must be able to perform resident technical field support in data collection, assessments, inspections, repairs, replacements, and calibration of equipment. Decide on appropriate procedures and perform necessary field work to get instrumentation operable and vendor certified when required. Capable of developing alternative methods for the solution of specific problems for both short-term/immediate needs and long-term Department of Water Resources -manufacturer approved needs. Collect, gather and maintain specified records of key instrumentation data, perform analysis and computations necessary to effectively assess, inspect and calibrate water and wastewater facilities treatment, monitoring, reporting and control components. Qualifications: 5 years of field instrumentation assessment, inspection and/or calibration or equivalent experience. The Department of Water Resources may request documentation of Technician’s experience at any time during the contract term.

2. REGULAR INSPECTIONS

2.1. Inspection Requirements

A. Contractor to provide inspection at regular intervals as directed by Department of Water

Resources. Interval may be based on the results of an assessment, or at the discretion of Department of Water Resources.

B. A Work Order must be provided for approval that provides the cost to perform the regular inspection. Approval must be received prior to commencing with the inspection.

C. Contractor to adhere inspection schedule agreed upon with Department of Water Resources.

D. Inspection services to include:

a) Calibration of the instruments (as needed)

b) Previously approved preventative maintenance as directed by Department of Water

Resources.

c) Inspection of instruments and submission of an associated Inspection Report

E. Inspection services will not include repairs or replacements. Repairs and replacements to follow when Proposed Work is approved.

2.2. Inspection Report

A. Inspection Report to include the following information for each inspected instrument in Excel format:

a) Site Name

b) Facility Name or Number, for sites with multiple facilities

c) Instrument Tag Number

d) Instrument Type

e) Instrument Manufacturer/Make Instrument Model

f) Instrument Serial Number

g) Results of calibration or preventative maintenance activities performed

h) (when applicable)

BL011-25 PAGE 7

i) Proposed Work to perform (repair, replace, etc.)

j) Cost associated with Proposed Work

B. Inspection Report inputs that are common to multiple instruments are to be consistent across common instruments and used consistently across all sites. It shall also be consistent with inputs used on Assessment Reports. Intent is to be able to filter the Excel report by different criteria, which is done so by using consistent inputs.

a) Example: An input “Manufacturer A” is being used, it should always be written as such.

There should not be variations like “Manu. A” and “Manufacturer A, Inc.”.

C. The Department of Water Resources may request multiple sites be included on a single Inspection Report.

D. The Inspection Report is to be submitted to the Department of Water Resources for review.

a) Department of Water Resources to provide Contractor with approval of Proposed Work prior to Contractor implementing Work.

E. Inspection Report may be used as a supplement for a Work Order.

3. INSTRUMENTATION PURCHASE AND REPLACEMENT (see Appendix B for Itemized Instrumentation

List) The Department of Water Resources may procure new or replacement instrumentation during the contract term. Some of the instrumentation may be covered under other contract agreements, such as annual contracts or sole sources. Therefore, Gwinnett County reserves the right to purchase applicable instrumentation through other contracts.

4. EMERGENCY SERVICE REQUIREMENTS

The Department of Water Resources may contact Contractor at any time to schedule emergency service. The contractor shall be on site to address the request within 48 hours unless otherwise allowed by the Department of Water Resources. Contractors will not be required to provide an estimate of the cost of the service prior to implementation.

5. WARRANTY

All installed systems to be under warranty, including all parts, labor, and workmanship, for at least one

(1) year from date of acceptance by the Department of Water Resources against manufacturing defects, defective materials and/or workmanship. See also General Terms and Conditions.

6. DISAGREEMENTS

Should any disagreement of difference arise as to the estimate, quantities or classifications or as to the meaning of the specifications, or any point concerning the character, acceptability and nature of the several kinds of work, any materials and construction thereof, the decisions of each using Department’s Director or his designated Department of Water Resources representative shall be final and conclusive and binding upon all parties to the contract. Payment will be made after completion of all Work under this contract and final acceptance by Department of Water Resources. Any invoices showing discrepancies will be withheld from payment until full documentation is provided. Such documentation shall verify Contractor costs of repair parts, labor or replacement motors upon request of Department of Water Resources.

End Specifications

BL011-25 PAGE 8

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID.

FEE SCHEDULE

Delivery will be F.O.B. Destination, freight pre-paid and allowed to: Gwinnett County Department of Water Resources (Various locations)

ITEM # DESCRIPTION

ESTIMATED

ANNUAL

QUANTITY

(A)

YEAR ONE

UNIT PRICE

(B)

YEAR TWO

UNIT PRICE

(C)

YEAR THREE

UNIT PRICE

(D)

YEAR FOUR

UNIT PRICE

(E)

YEAR FIVE

UNIT PRICE

(F)

TOTAL PRICE

[(B + C + D + E + F) * A]

1.

Technician (Regular Hours M-F 7:00 a.m. to 5:00 p.m.)

800 HRS $ $ $ $ $ $

2.

Technician (After Hours and Holidays)

100 HRS $ $ $ $ $ $

ITEM # DESCRIPTION

ESTIMATED

QUANTITY

(A)

PERCENT MARK-UP

(B)

TOTAL PRICE

(A * B) + A

3.

Parts, Supplies and Materials will be billed at Invoice, cost plus (Not to exceed 10%)

$80,000.00 % $

4.

DWR Authorized Sub-Contractors will be billed at Invoice, cost plus (Not to exceed 10%)

$15,000.00 % $

5.

DWR Authorized Rental Equipment will be billed at Invoice, cost plus (Not to exceed 10%)

$5,000.00 % $

TOTAL (LINE ITEMS 1-5) $

NOTE: FREIGHT SHALL BE INCLUDED IN THE COST FOR REPAIR PARTS, REPLACEMENT MOTORS, ETC. UNLESS AN EMERGENCY SITUATION IS APPROVED BY THE DEPARTMENT REPRESENTATIVE AND REQUIRES VENDOR TO HAVE PARTS SHIPPED OVER-NIGHT OR EXPRESS DELIVERED.

The services to be performed under this Agreement shall commence on March 09, 2025, or upon award. The initial term of this Agreement shall be through December 31, 2025.

This Agreement shall terminate absolutely and without further obligation on the part of the County at the close of the calendar year of execution and at the close of each succeeding calendar year of renewal, if renewed. This Agreement shall be automatically renewed upon the same terms and conditions unless the County terminates the Agreement on the day of the close of the calendar year in which it was executed or within sixty (60) days after the day of the close of the calendar year of execution or of each succeeding calendar year for which it may be renewed, for a total lifetime obligation of five (5) years. If applicable, title to any supplies, materials, equipment or other personal property shall remain in the vendor until fully paid for by the County. In addition, this Agreement will terminate immediately and absolutely when appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under the Agreement. Any obligation of the County hereunder is only for such sums payable during the calendar year of execution or each calendar year of renewal, if renewed.

COMPANY NAME _______________________________________________________________________________________________________________

BL011-25

FAIILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID.

FEE SCHEDULE CONTINUED

Termination for Cause: The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the County’s rights or remedies by law.

Termination for Convenience: The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

Termination for Fund Appropriation: The County may unilaterally terminate this Agreement due to a lack of funding at any time by written notice to the Contractor. In the event of the County's termination of this Agreement for fund appropriation, the Contractor will be paid for those services actually performed. Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Service Provider which shall itemize each element of performance.

Bidder has examined Bid Document Package and following addenda:

No. ___________ Dated ________________ No. ______________ Dated ________________

No. ___________ Dated ________________ No. ______________ Dated ________________

Certification Of Non-Collusion In Bid Preparation Signature Date

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Vendors" and all documents referred to therein, if this bid is accepted by the Board of Commissioners within ninety (90) days of the date of bid opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the fee schedule. By submission of this bid, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to vendors.

Legal Business Name

Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature Printed Name

Telephone Number E-mail Address

Contact Person (if someone other than the authorized representative listed above)____________________________________________________

Telephone Number E-mail Address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

BL011-25 PAGE 10

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID.

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Company Name

BL011-25 PAGE 11

Bid # & Description: BL011-25, Provision of Instrumentation Calibration, Maintenance, Repair and Replacement on a Multi-Year Contract

CODE OF ETHICS AFFIDAVIT

PLEASE RETURN THIS FORM COMPLETED WITH YOUR SUBMITTAL. SUBMITTED FORMS ARE REQUIRED

PRIOR TO EVALUATION.

In accordance with Section 54-33 of the Gwinnett County Code of Ordinances the undersigned bidder/proposer makes the following full and complete disclosure under oath, to the best of their knowledge, of the name(s) of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or with the vendor, its affiliates or its subcontractors:

1. __________________________________________________________________________________________

Company Submitting Bid/Proposal

2. Please select one of the following:

No information to disclose (complete only section 4 below)

Disclosed information below (complete section 3 & section 4 below)

3. If additional space is required, please attach list:

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Sworn to and subscribed before me this day of , 20

Notary Public

(seal)

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 54-33. The ordinance will be available to view in its’ entirety at GwinnettCounty.com

BL011-25 PAGE 12

Solicitation Name & No.: BL011-25, Provision of Instrumentation Calibration, Maintenance, Repair and Replacement on a Multi-Year Contract

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Immigration Reform

Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Gwinnett County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security] to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the Gwinnett County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Gwinnett County Board of Commissioners at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: ___________________________

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” 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).

For Gwinnett County Use Only:

Document ID #________________

Issue Date: ___________________

Initials: ______________________

VENDOR INSURANCE REQUIREMENTS 1 | 5

GWINNETT COUNTY

FINANCIAL SERVICES │ RISK MANAGEMENT

VENDOR INSURANCE REQUIREMENTS

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners. The Contractor and their Subcontractor’s/vendor’s Certificates of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification, or non-renewal of any insurance policy listed on the certificate(s). Upon request, the County will be provided certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

General Aggregate (other than Prod/Comp Ops Liability) $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsement CG 20 10 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) and CG 2037 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) must be provided with your Certificate of Insurance.

• Primary and Non-Contributory Endorsement to be specified in writing

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

• Include Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

• If project or operations are within 50 ft of a railroad, Contractor is required to name the specific Railroad as an Additional Insured and provide a copy of the Additional Insured Endorsement CG2417 or its equivalent.

• In the event the General Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Automobile Liability to include:

Combined Single Limit – Each Accident $1,000,000

• Comprehensive form providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of all owned, non-owned, leased, hired, borrowed vehicles, and any other statutorily required automobile coverage.

VENDOR INSURANCE REQUIREMENTS 2 | 5

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Coverage to include loading and unloading

• Contractual Liability

Worker’s Compensation & Employer’s Liability Coverage to include:

Workers Compensation Georgia State Statutory Limits Employers Liability

Bodily Injury by Accident – Each Accident $ 500,000 Bodily Injury by Disease – Policy Limit $ 500,000 Bodily Injury by Disease – Each Employee $ 500,000

• Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

Umbrella/Excess Liability Insurance with policy limits as determined by Contract Sums (higher limits may be required depending on the extent of contract):

Contract Sums:

Contracts up to $999,999 Each Occurrence and Aggregate Limit $1,000,000

Contracts from $1,000,000 to $1,999,999 Each Occurrence and Aggregate Limit

$3,000,000

Contracts from $2,000,000 to $4,999,999

$5,000,000

Contracts Over $5,000,000

$10,000,000

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

• Umbrella Policy must be as broad as the primary policy.

• Coverage excess over General Liability, Business Auto Liability, and Employers Liability

• In the event the Umbrella/Excess Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

• Evidence of coverage in the form of a Certificate of Insurance shall be provided to the County prior to start of work.

• Gwinnett County Board of Commissioners shall be Additional Insureds.

• Contractor shall be liable for money, securities, or other property of the County.

• Such coverage shall include an owner coverage endorsement for County and County shall be included as a loss payee.

• Additional Insured Endorsements must be provided with the Certificate of Insurance

VENDOR INSURANCE REQUIREMENTS 3 | 5

Cyber Liability Insurance: Applies if scope of work includes the storage or transfer of any County data or sensitive data (including but not limited to personally identifiable, health, or payment card data) or the related hosting of database(s) or internet site(s):

Limit of Insurance per Claim $1,000,000 Aggregate Limit $1,000,000

The Contractor shall maintain insurance coverage for network security and privacy risks, including, but not limited to, insurance for data breach or introduction of virus or malicious codes, consumer notification, whether or not required by law, forensic investigation, public relations and crisis management and credit or identity monitoring or similar remediation services, unauthorized access, failure of security information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties allowed by law.

Property Insurance:

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s work. Contractor agrees to waive its rights of recovery and cause its insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Riggers Liability Insurance:

If any work to be performed involves the rigging, lifting. lowering or moving of property or equipment, then those parties performing such work shall carry Rigger’s Liability Insurance in an amount adequate to insure against the physical loss or damage to the property or equipment in its care

Aviation Insurance: Applies if scope of work requires the use of aircraft, including helicopters, unmanned aircraft systems (e.g., drones) and/or fixed-wing aircraft:

Maintain (or require aircraft owner or operator to maintain), and Contractor shall furnish proof of, Aircraft Liability insurance with minimum limits of $10,000,000 per occurrence for bodily injury and property damage of all aircraft.

Unmanned aircraft systems, minimum limits of $2,000,000 for bodily injury, property damage, and personal injury (including invasion of privacy) for unmanned aircraft systems, and guest voluntary settlement bodily injury coverage (for any aircraft except unmanned aircraft systems)

• Such policy shall include contractual liability covering all owned and non-owned aircraft

• If the party providing the Aircraft Liability insurance is not Contractor, then Contractor shall require such party to (a) waive any subrogation rights of recovery they and/or their insurance carriers may have against County and any other indemnified parties and (b) name County and such other parties as Additional Insureds

• The Contractor shall (or shall require aircraft owner or operator) to hire, employ, and utilize pilots certified by the Federal Aviation Administration to operate any such aircraft.

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an

Additional Insured on General Liability, Auto Liability and Umbrella Liability policies.

C. The cancellation should provide 10 days’ notice for nonpayment and 30 days’ notice of cancellation.

D. Certificate Holder should read:

Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935

VENDOR INSURANCE REQUIREMENTS 4 | 5

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-7 or higher. Certain Workers' Comp funds may be accepted subject to the approval of the Gwinnett County Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-7 or better.

F. Insurance companies providing coverage should be licensed, and authorized to do business by the Office of the

Insurance and Safety Fire Commissioner of Georgia ("Insurance Commissioner"), with the exception of non-admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner.

All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non-resident.

G. Certificates of Insurance, and any subsequent renewals, must reference each corresponding bid/contract by project name and project/bid number, if applicable.

H. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the County to verify compliance with these insurance requirements.

I. All insurance coverage required to be provided by the Contractor shall state that it is primary over any insurance program carried by the County.

J. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every subcontractor in any tier and shall require each and every subcontractor of any tier to comply with all such requirements. The Contractor agrees that if for any reason a subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

K. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as a to form and content has been filed with Gwinnett County. The ACORD Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the County.

M. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents is required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

N. The Contractor shall make available to the County, through its records or the records of its insurer, information regarding any claim related to a County project. Any loss run information relating to a County project will be made available to the County upon its request.

O. Compliance by the Contractor and Subcontractors with the foregoing insurance requirements shall not relieve the

Contractor and Subcontractors of liability under the Contract and any applicable law.

P. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

Q. The Contractor shall at a minimum apply risk management practices accepted by the Contractors’ industry.

R. The Contractor shall advise the County if required limits of insurance become eroded or impaired.

VENDOR INSURANCE REQUIREMENTS 5 | 5

Surety Bonds (if required) All of the surety requirements will stay the same except the Surety Company must have the same rating as set forth in item E above.

BL011-25 PAGE 18

FAILURE TO RETURN THIS PAGE MAY RESULT IN REMOVAL OF YOUR COMPANY FROM COMMODITY LISTING.

BL011-25

Buyer Initials: BB

IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE BY CHECKING

ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN.

Do not offer this product or service; remove us from your bidder's list for this item only.

Specifications too "tight"; geared toward one brand or manufacturer only.

Specifications are unclear.

Unable to meet specifications

Unable to meet bond requirements

Unable to meet insurance requirements

Our schedule would not permit us to perform.

Insufficient time to respond.

Other

COMPANY NAME

AUTHORIZED REPRESENTATIVE

SIGNATURE

BL011-25 PAGE 19

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR VENDORS, TERMS AND CONDITIONS

***ATTENTION***

FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN SUBMITTAL BEING DEEMED NON-

RESPONSIVE AND AUTOMATIC REJECTION. THE COUNTY SHALL BE THE SOLE DETERMINANT OF

TECHNICALITY VS. NON-RESPONSIVE SUBMITTAL:

1. FAILURE TO USE COUNTY FEE SCHEDULE.

2. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE COMPLIANCE/SPECIFICATION

SHEETS.

3. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

5. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN SUBMITTAL BEING

DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS ARE NOT REQUIRED ON

ALL SOLICITATIONS. BOND REQUIREMENTS ARE CLEARLY STATED ON THE INVITATION

PAGE. IF CLARIFICATION IS NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN THE

INVITATION. IF BONDS ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS SOLICITATION

DOCUMENT.

6. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN REQUIRED, MAY

RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND REJECTED. THE CONTRACTOR

AFFIDAVIT AND AGREEMENT IS NOT REQUIRED ON ALL SOLICITATIONS. IF CLARIFICATION IS

NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION.

7. FAILURE TO PROVIDE AN ETHICS AFFIDAVIT WHEN REQUIRED, MAY RESULT IN SUBMITTAL

BEING DEEMED NON-RESPONSIVE AND REJECTED. THE ETHICS AFFIDAVIT IS REQUIRED ON

ALL FORMAL SOLICITATIONS OVER $100,000.00. IF CLARIFICATION IS NEEDED, CONTACT THE

PURCHASING ASSOCIATE LISTED IN THE INVITATION.

BL011-25 PAGE 20

I. PREPARATION OF SUBMITTAL

A. Each vendor shall examine the drawings, specifications, schedule, and all instructions. Failure to do so will be at the vendor’s risk, as the vendor will be held accountable for their submittal.

B. Each vendor shall furnish all information required by the solicitation form or document. Each vendor shall sign the submittal and print or type his or her name on the fee schedule. The person signing the submittal should initial erasures or other changes. An authorized agent of the vendor must sign the submittal.

C. Fee schedule pricing should have only two decimal places unless otherwise stated. In the event of a calculation error in total price, the unit pricing prevails.

D. Except for solicitations for the sale of real property, individuals, firms, and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative other than the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final award. The Purchasing Director will review violations. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award. Solicitations for the sale of real property may allow for verbal or written communications with the appropriate Gwinnett County representative.

E. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the submittal but are contained for informational purposes only. If awarded, the successful vendor(s) will be required to execute these documents prior to County execution.

F. Effective July 1, 2013 and in accordance with the Georgia Illegal Immigration Reform

Enhancements for 2013, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with vendor’s submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your submittal may result in being deemed non-responsive and automatic rejection.

II. DELIVERY

A. Each vendor should state time of proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. should not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) should be stated. If calendar days are used, include Saturday, Sunday, and holidays in the number.

III. EXPLANATION TO VENDORS

Any explanation desired by a vendor regarding the meaning or interpretation of the solicitation, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation for a reply to reach all vendors before the deadline of the solicitation. Any information given to a prospective vendor concerning a solicitation will be furnished to all prospective vendors as an addendum to the solicitation if such information is necessary or if the lack of such information would be prejudicial to uninformed vendors. The written solicitation documents supersede any verbal or written communications between the parties. Receipt of addenda should be acknowledged in the submittal. It is the vendor’s responsibility to ensure they have all applicable addenda prior to their

BL011-25 PAGE 21

submittal. This may be accomplished by contacting the assigned Purchasing Associate prior to the submittal or visiting the Gwinnett County website.

IV. SUBMISSION OF FORMAL OFFERS/SUBMITTALS

A. Formal bid and proposal submittals shall be enclosed in a sealed package or envelope, addressed to the Gwinnett County Purchasing Division with the name of the vendor, the date and hour of opening and the solicitation number on the face of the package or envelope.

Facsimile or emailed submittals will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized representative.

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the vendor’s request and expense, if items are not destroyed by testing.

D. Items offered must meet required specifications and must be of a quality that will adequately serve the use and purpose for which intended.

E. Full identification of each item submitted, including brand name, model, catalog number, etc.

must be furnished to identify exactly what the vendor is offering. Manufacturer’s literature may be furnished but vendor should not submit excessive marketing material.

F. The vendor must certify that items to be furnished are new and that the quality has not deteriorated to impair its usefulness.

G. Unsigned submittals will not be considered except in cases where it is enclosed with other documents that have been signed. The County will determine acceptability in these cases.

H. Gwinnett County is exempt from federal excise tax and Georgia sales tax regarding goods and services purchased directly by Gwinnett County. Vendors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects.

Vendors should contact the State of Georgia Sales Tax Division for additional information.

Agreements were there is a cost-plus mark-up, mark-up will not be paid on taxes.

I. Information submitted by a vendor in the solicitation process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records Act.

V. WITHDRAWAL DUE TO ERRORS

Vendors must give Gwinnett County…