BL044_25 INV.pdf

PA046-21 Page 1

April 7, 2025

INVITATION TO BID

BL044-25

Gwinnett County is soliciting competitive sealed bids from qualified contractors for Removal and Replacement of Epoxy Floors at Various Parks Locations for the Department of Parks and Recreation.

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 April 25, 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 the website www.gwinnettcounty.com.

Questions regarding bids should be directed to Jake Scarpone, Purchasing Associate II, at Jake.Scarpone@gwinnettcounty.com or by calling 770-822-8722, no later than 3:00 P.M. on April 16, 2025. Bids are legal and binding upon the bidder when submitted.

Successful contractor(s) 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 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 bidder(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.

Jake Scarpone Purchasing Associate II

The following pages should be returned with your bid:

Bid Schedule, Pages 8-9 References, Page 10 Contractor Affidavit & Agreement, Page 11 Code of Ethics Affidavit, Page 12 http://www.gwinnettcounty.com/ mailto:Jake.Scarpone@gwinnettcounty.com

BL044-25 Page 2

REMOVAL AND REPLACEMENT OF EPOXY FLOORS AT VARIOUS PARKS LOCATIONS

I. SCOPE OF WORK

Gwinnett County Department of Parks and Recreation is soliciting competitive sealed bids from qualified contractors for the removal and replacement of epoxy floors at various park locations. The successful contractor shall furnish all labor and materials required to remove and replace epoxy floors at various locations for the Department of Parks and Recreation.

II. DESCRIPTION OF WORK

1. Remove existing epoxy floor/ceramic carpet and dispose of all material off County property according Environmental and Protection Agency (EPA) regulations.

2. Check for moisture issues and install moisture membrane if needed.

3. Installation of new epoxy floor/ceramic carpet according to manufacturer’s specifications.

4. Remove existing cove base and install new 6” epoxy cove base.

5. Secure work area before and during the project to ensure safety at all times.

6. Clean up all debris and dispose of it according to EPA regulations.

The use of products other than those indicated in the materials section must be pre-approved by the Gwinnett County representative. All products must be applied according to the manufacturer’s specifications. Any proposed substitutions must be submitted with the bid and must include specifications, colors, warranty, and any other information necessary for evaluation. The County may reject the bid if this information is not provided.

III. QUALITY ASSURANCE

1. Manufacturer’s Qualifications: Successful contractor must obtain materials from a manufacturer with a minimum of five years verifiable experience providing materials of the type specified.

2. Contractor’s Qualifications: Installation must be performed by a manufacturer-certified contractor with skilled mechanics having approximately three years’ satisfactory experience in the installation of the type of system specified.

IV. STORAGE

The successful contractor must store materials in accordance with the manufacturer's instructions, with seals and labels intact and legible. The owner is not responsible for the storage of materials. Materials shall not be stored in areas accessible to the public.

V. MATERIALS

Successful contractor must submit samples of flooring material to the owner for approval of color and texture before beginning installation. Color should match Sherwin Williams Ceramic Carpet color #319 (Sandpoint) or an approved equivalent.

1. Crack Filler: General Polymers #3580 Crack and Joint Filler or an approved equivalent

2. Moisture Barrier (if needed): General Polymer Moisture Membrane or an approved equivalent

3. Epoxy Resin Glaze: General Polymers #3561 or an approved equivalent

4. Standard System for New Flooring: Ceramic Carpet #400 Quartz Broadcast Flooring System by General Polymers or an approved equivalent. Color should match Sherwin Williams Ceramic Carpet color #319 (Sandpoint) or an approved equivalent.

5. Grout/Seal Coat: General Polymers #3744 or an approved equivalent

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VI. PREPARATION

The successful contractor shall exercise care during surface preparation and system installation to protect surrounding finishes, substrates, and surfaces, as well as in-place equipment, floor drains, cleanouts, etc.

1. The successful contractor shall cover and secure all HVAC grills, vents, commodes, urinals, sinks, bathroom fixtures, etc. with heavy-duty plastic sheeting before beginning surface preparation. Contractor shall provide dust control during surface preparation. All dust and debris from surface preparation work shall be removed before uncovering and operating HVAC systems.

2. The successful contractor must remove existing flooring from substrate and legally dispose of all materials off site, according to EPA regulations.

3. The successful contractor shall prepare the substrate to remove laitance and open the surface in according with Flooring System or coating manufacturer’s instructions. Concrete surfaces shall be abrasive blasted to remove all surface contaminants and laitance. The prepared concrete shall have a minimum surface profile equal to 40-60 grit sandpaper and be free of bond-inhibiting contaminants.

4. After initial preparation is completed, inspect the substrate for big holes, voids, fins, and other imperfections.

Protrusions shall be ground smooth, and voids shall e filled with General Polymers #3580 Crack and Joint Filler or an approved equivalent.

5. Successful contractor must treat cracks, control joints and isolation/expansion joints in accordance with the manufacturer’s recommendations. Where necessary, the installer shall saw cut existing control joints, clean out joint materials and fill joints with the specified crack filler (or an approved equivalent).

6. If necessary, concrete around floor drains shall be ground down for positive slope and the drains re-set. The top of the drains must be even with the surrounding edge of the finished flooring.

7. Contract must notify the owner’s representative when surface preparation is completed and must obtain approval of surface preparation before proceeding with installation of the flooring system.

VII. WORK CONSTRAINTS

1. The affected area will be closed to the public, but the remainder of the facility and park will be open to the public.

The successful contractor shall take proper precautions to block off, barricade, and cover in-process work areas to protect the floor, carpeting, employees, and other people in the building.

2. Hours of work shall be agreed upon by the successful contractor and County staff, but generally are from 7:30 AM until 4:00 PM Monday through Friday. Hours may vary depending on the location of the job.

3. Once work is scheduled and schedules are confirmed by both the contractor and the County representative, it is critical that the contractor adheres to the schedule and performs the work in a timely manner. Failure to do so could cause the County unnecessary revenue loss and inconvenience to park patrons.

VIII. INSTALLATION

1. Apply each component of the flooring system and/or coatings in compliance with manufacturer’s written installation instructions and strictly adhere to mixing and installation methods, re-coat windows, cure times and environmental restrictions. The flooring system shall be installed directly over non-moving control joints and cracks which have been treated with General Polymer #3580 Crack and Joint Filler or an approved equivalent.

2. Throughout the application process, and for 72 hours after the application process, substrate temperature should be 60-80 degrees Fahrenheit. The substrate temperature must be at least 5 degrees Fahrenheit above the dew point. Application on concrete substrates should occur while temperature is falling to reduce out gassing and problems associated with dew point.

3. For New Flooring System:

a. Apply primer(s) in accordance with manufacturer’s instructions.

b. Install a 1/8” zinc strip 6” above floor level on adjacent walls to provide termination point for the cove

BL044-25 Page 5 base. The zinc strap shall be level and secure.

c. Install 6” tall cove base terminating at the zinc strip, per manufacturer’s instructions.

d. After the cove base has cured, install a continuous strip of Sherwin Williams #2230A High Performance clear sealant or an approved equivalent along the top of the zinc strip and the wall.

e. Install epoxy resin glaze, ceramic granules, grout coat and seal coat in accordance with manufacturer’s instructions.

f. Color and texture should be even throughout and closely match the approved sample. Fill any bare spots with granules and smooth out any rough spots or spurs. Provide an additional seal coat if necessary. The cove base should match the flooring in texture and finish.

g. Successful contractor must notify the owner’s representative when the flooring system is ready for inspection. Correct items that are found to be inconsistent with the sample or which do not meet the specifications must be repaired to the satisfaction of the owner’s representative.

IX. CURING, CLEANING AND PROTECTION

1. Contractor to cure the flooring system materials and coatings in compliance with the manufacturer's directions, taking care to prevent contamination during the stages of the installation and prior to completion of the curing process. Do not leave the room(s) unlocked or unattended during the curing process. Do not allow public access on the floors until curing is complete and approval has been given by the County representative.

2. Contractor must perform cleaning during installation of the work and upon completion of the work. Clean the flooring system just prior to final inspection, using only materials and procedures recommended by the manufacturer.

3. Contractor shall remove from the site all debris and equipment, clean flooring material and preparation work debris from adjacent surfaces and repair all damage resulting from work under this contract.

4. Contractor shall inspect the site daily and must not leave the site without correcting any conditions caused by this work which would be hazardous to the public. Contractor must provide barricades, warning tape and other means necessary to protect the public from hazardous conditions while work is in progress.

X. GENERAL REQUIREMENTS

1. References

The selected contractor must have demonstrated successful performance on projects on projects of a similar size and scope. A minimum of three (3) references shall be provided on the “References” form included herein.

References must clearly demonstrate successful completion of similar projects within the past five (5) years.

2. Contractor Qualifications

The selected contractor shall comply with state and local codes and regulations, Contractor shall have and maintain all appropriate state, local, and federal licensing.

3. Safety and Damages

The contractor shall adequately protect County property and take necessary precautions during the work process to protect all persons/property from damage or loss. Reports of any damage to County property must be submitted by the contractor to the designated County representative. Damage to public and/or private property shall be the sole responsibility of the contractor and shall be repaired and/or replaced at no additional cost to Gwinnett County.

4. Clean Up

The contractor shall be responsible for proper removal and disposal of all construction debris and materials according to EPA regulations.

5. Warranty

The contractor shall warranty all work for a minimum of one (1) year from the date of acceptance from the County representative.

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XI. LOCATIONS

The measurements listed below are approximate. Contractors are responsible for taking accurate measurements prior to submitting a bid. No change orders will be made or accepted based on inaccurate measurements. Bid pricing should be all inclusive to complete the total job at each location.

1. George Pierce Park (12 Restrooms)

a. Address: 55 Buford Highway NE, Suwanee, GA 30024

b. Lakeside Men’s restroom is approximately 180 sq. ft. and 58 ln. ft.

c. Lakeside Women’s restroom is approximately 180 sq. ft., 58 ln. ft.

d. Football/Softball Men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

e. Football/Softball Women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

f. Baseball Men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

g. Baseball Women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

h. Soccer men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

i. Soccer women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

j. Playground men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

k. Playground women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

l. Adult softball men’s restroom is approximately 180 sq. ft. and 58 ln. ft.

m. Adult softball women’s restroom is approximately 180 sq. ft. and 58 ln. ft.

2. Graves Park (2 restrooms)

a. Address: 1540 Graves Road, Norcross, GA 30093

b. Splash pad men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

c. Splash pad women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

3. Jones Bridge Park (4 restrooms)

a. Address: 4901 E. Jones Bridge Road, Peachtree Corners, GA 30092

b. Playground men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

c. Playground women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

d. Soccer men’s restroom is approximately 180 sq. ft. and 58 ln. ft.

e. Soccer women’s restroom is approximately 180 sq. ft. and 58 ln. ft.

4. Little Mulberry Park (3 entrances; 6 restrooms)

a. Address (Playground Entrance): 3855 Fence Road, Dacula, GA 30019

b. Playground men’s restroom is approximately 260 sq. ft. and 66 ln. ft

c. Playground women’s restroom is approximately 260 sq. ft. and 66 ln. ft

d. Address (Disc Golf Entrance): 3800 Hog Mountain Road, Dacula, GA 30019

e. Disc golf men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

f. Disc golf women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

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g. Address (Lakeside Entrance): 3900 Hog Mountain Road, Dacula, GA 30019

h. Lakeside men’s restroom is approximately 260 sq. ft. and 66 ln. ft.

i. Lakeside women’s restroom is approximately 260 sq. ft. and 66 ln. ft.

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FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN QUOTE BEING

DEEMED NON-RESPONSIVE.

BID SCHEDULE

ITEM

DESCRIPTION TOTAL

PRICE

1. Lump Sum Fee for Removal and Replacement of Epoxy Floors, per above specifications – George Pierce Park $

2. Lump Sum Fee for Removal and Replacement of Epoxy Floors, per above specifications – Graves Park $

3. Lump Sum Fee for Removal and Replacement of Epoxy Floors, per above specifications – Jones Bridge Park $

4. Lump Sum Fee for Removal and Replacement of Epoxy Floors, per above specifications – Little Mulberry Park

BID TOTAL $

NOTE: Pricing MUST contain ALL charges associated with service including installation, materials, and travel.

List product(s) to be used & state warranty for labor and materials:

The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. Date Addendum No. Date

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.

Company Name

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FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN QUOTE BEING

DEEMED NON-RESPONSIVE.

BID SCHEDULE CONTINUED

Certification of Non-Collusion in Quote 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 proposal 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 proposal, 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 bidders.

Legal Business Name

Address

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

Representative Signature

Printed Name

Telephone Number Fax Number

Email Address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/ http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

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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 within the past five (5) years.

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

PA053-22 Page 11

BL044-25, Removal and Replacement of Epoxy Floors at Various Parks Locations

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: ______________________

PA053-22 Page 12

BL044-25, Removal and Replacement of Epoxy Floors at Various Parks Locations

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 bidder/proposer, 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

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

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• 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.

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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. Gwinnett County should be provided with a minimum of 30 days advance written notice of cancellation, material change, or non-renewal of policies required by the contract.

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D. Certificate Holder should read:

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

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 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.

BL044-25 Page 17

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.

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.

BL044-25 Page 18

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

Buyer Initials: JS

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

BL044-25 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 QUOTE/BID/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.

BL044-25 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 quote/bid/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

BL044-25 Page 21 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 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.

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 Purchasing Division written notice within two (2) business days of completion of the opening stating that they wish to withdraw their submittal without penalty for an obvious clerical or calculation error. Submittal may be withdrawn from consideration if the price was substantially lower than the other submittals due solely to a mistake therein, provided pricing was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the submittal. The unintentional arithmetic error or omission can be clearly proven through inspection of the original work papers, documents, and materials used in preparing the

BL044-25 Page 22 submittal sought to be withdrawn. The vendor’s original work papers shall be the sole acceptable evidence of error and mistake if a vendor elects to withdraw their submittal. If a quote or bid submittal is withdrawn under the authority of this provision, the lowest remaining responsive offer shall be deemed to be low bid.

No vendor who is permitted to withdraw their submittal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid or proposal was submitted.

Vendors who fail to request withdrawal by the required forty-eight (48) hours may automatically forfeit bid bond if a bond was required. Bid may not be withdrawn otherwise.

Withdrawal is not automatically granted and will be allowed solely at Gwinnett County’s discretion.

VI. TESTING AND INSPECTION

Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of the tests are determined. Cost of inspections and tests of any item that fails to meet the specifications, shall be borne by the vendor.

VII. F.O.B. POINT

Unless otherwise stated in the request for invitation and any resulting contract, or unless qualified by the vendor, items shall be shipped F.O.B. Destination, Freight Prepaid and Allowed. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

The vendor guarantees to hold the County, its agents, officers, or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the vendor is not the patentee, assignee, or licensee.

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED, FORMS WILL BE PROVIDED IN

THIS DOCUMENT)

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond must be furnished to Gwinnett County for any solicitation as required in the solicitation package or document. Failure to submit a bid bond with the proper rating will result in submittal being deemed non-responsive. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper A.M. Best rating as stated in the solicitation document.

X. DISCOUNTS

A. Time payment discounts may be considered in arriving at net prices and in award of solicitations.

Offers of discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the

BL044-25 Page 23 later date. Payment is deemed to be made for the purpose of earning the discount on the date of the County check.

XI. AWARD

A. Award will be made to either the highest scoring firm (for proposals) or the lowest responsive and responsible vendor (for quotes/bids). The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award. The County may make such investigations as it deems necessary to determine the ability of the vendor to perform, and the vendor shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any submittal if the evidence submitted by, or investigation of such vendor fails to satisfy the County that such vendor is properly qualified to carry out the obligations of the contract.

B. The County reserves the right to reject…