BL052_25 INV _ Exhibit A.pdf

April 8, 2025

INVITATION TO BID

BL052-25

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Provision of Inspection, Cleaning and Repair of Underground Detention Systems at Various Park Locations on an Annual Contract with four (4) one-year options to renew for the Gwinnett County 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 May 6, 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. local time on April 23, 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 supplier 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 in your bid: Bid Schedule, Pages 8-10 References, Page 11 Code of Ethics, Page 12 Contractor Affidavit, Page 13 List of Subcontractors, Page 14 http://www.gwinnettcounty.com/ mailto:jake.scarpone@gwinnettcounty.com http://www.gwinnettcounty.com/

BL052-25 Page 2

PROVISION OF INSPECTION, CLEANING AND REPAIR OF UNDERGROUND DETENTION SYSTEMS AT

VARIOUS PARK LOCATIONS ON AN ANNUAL CONTRACT

The Gwinnett County Department of Parks and Recreation is seeking qualified contractor(s) to inspect, clean and repair underground detention systems at various park locations on an Annual Contract.

I. SCOPE OF WORK

A. Successful contractor must provide all labor, materials, and equipment needed to inspect, repair and clean underground detention systems.

B. Services provided must be of the highest quality and consistent with manufacturers’ standard practices for detention system maintenance.

C. All services will be scheduled in coordination with the County representative and be mutually agreed upon.

D. Inspect pipelines to include all features of the detention system. This includes defects in the system, as well as debris, foreign materials, sediment, needed repairs, etc.

E. Inspection must include recommendations for repairs and / or cleaning required in order to maintain the detention systems in good working order.

F. Inspection report must include photographs of all deficiencies.

G. Cleaning and repairs not completed during the inspection must be completed in a timely manner as determined by the County representative.

H. All debris must be disposed of off of County property according to Environmental Protection Agency (EPA) guidelines.

I. Contractor is responsible for site safety at all times during the inspection, repair and cleaning process.

II. CONTRACTOR QUALIFICATIONS

A. The selected contractor must have demonstrated successful performance of projects of a similar size and scope.

B. A minimum of three (3) references within the last five (5) years should be provided demonstrating similar scope of work as detailed in Section I.

C. Successful contractor must comply with state and local codes and regulations as they pertain to underground detention systems (i.e. confined space entry, etc.)

D. Successful contractor must provide a National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) certified technician to document all inspections.

E. Successful contractor must provide a Certified Industrial Hygienist to prepare a Confined Space Entry Plan to ensure the safe entry into each detention system according to Occupational Safety & Health Administration (OSHA) guidelines, where applicable.

F. Should the contractor utilize any personnel that are not PACP certified to document the inspection results, those inspections shall be refused, and a re-inspection shall be completed at the Contractor’s expense.

G. Work directly sub-contracted, that the contractor is not able to perform himself shall be invoiced as lump sum and the contractor shall only include his direct costs for coordinating the work by using the Administrative Labor Rate stated in the Bid Schedule. This shall not be invoiced as a cost plus mark-up item. If subcontractors are to be utilized for this contract, please provide their certifications and qualifications with bid submittal. The subcontractor’s invoice must be provided to the County in order to verify pricing.

BL052-25 Page 3

III. ANNUAL INSPECTION

A. Inspections are to be completed annually on each system. Each location shall be scheduled with the County Representative.

B. Inspect system components for leaks and damage.

C. The selected contractor will provide video and/or photographic documentation that clearly demonstrates the condition of the system, repairs needed, and cleanliness of the system.

D. Inspection of the headers and outlet control structures must be inspected as part of each detention system.

E. Some systems will require a camera and mobile monitoring for inspection. The contractor shall furnish all audio / video equipment to include but not limited to: television camera, audio-visual digital encoding equipment and/or software, and other necessary equipment, materials, power, labor, and technicians as needed to perform the television inspection.

a. The television inspection equipment shall be capable of inspecting the entire detention system at each location.

b. When entry is at one end only, the inspection equipment shall be capable of inspecting 750 feet of pipe by a self-propelled unit.

c. The inspection equipment shall be capable of clearly televising the interior of the detention system.

d. The television camera used for the detention system inspection shall be one specifically designed and constructed for pipeline inspections.

e. The Contractor shall complete an inspection report for each pipeline segment within the system.

f. The Contractor shall furnish audio-visual equipment / software, and other necessary equipment, materials, power, labor, and technicians as needed to perform the television inspection.

g. The Contractor shall inspect pipelines to record all relevant features and defects of the pipeline under inspection.

h. If a television inspection of the entire system cannot be successfully performed from one structure, an additional setup shall be performed to obtain a complete inspection.

i. The objective of this project is to inspect the maximum amount of storm water underground detention systems and it is possible that a number of set-ups will be required in order to maximize the pipeline footage inspected.

F. All television inspections shall be performed during low flow conditions. The County reserves the right to refuse any television inspection that does not produce an effective survey of the pipe due to high water retention conditions or for any other reason.

G. The contractor shall test the television inspection equipment to verify the picture quality. The equipment manufacturer’s recommendation shall be used to clearly differentiate between the following colors: white, yellow, cyan, green, magenta, red, blue, and black.

H. The television inspection equipment shall be of such quality as to enable the following to be achieved:

a. Color: With the motor adjusted for correct saturation, the six colors plus black and white shall be clearly resolved with the primary and complementary colors in order of decreasing luminance.

b. Linearity: The background grid shall show squares of equal size, without convergence/divergence over the whole picture. The center circle shall appear round and have the correct height/width relationship (+/-5%).

c. Resolution: The live picture must be displayed on a digital monitor, capable of providing a clear, color, stable image free of electrical interference with a minimum resolution of not less than 500 lines.

BL052-25 Page 4

d. Color Consistency: To ensure that the camera shall provide similar results when used with its own illumination source, the lighting shall be fixed in intensity prior to commencing the inspection. In order to ensure color consistency no variation in illumination shall take place during the inspection.

I. Once the inspection is under way, the following minimum information must be captured:

a. Automatic Update of the camera’s position

b. Pipe dimensions

c. Upstream and downstream structure number, if applicable

d. Facility ID of the system being inspected

e. Date of inspection

f. Time of inspection

g. Direction of the inspection

h. Material of construction of the detention system

i. Any defect or deficiency must be noted, photographed, and marked on a diagram with measurement from a reference point

j. Contractor will furnish separate MP4 or JPEG files for each set up. The County representative reserves the right to refuse any file on the basis of poor image quality or any other characteristics that affect the usability of the images.

IV. CLEANING

A. Remove accumulated sediment, debris and trash from inlets, detention chambers and outlets and dispose off of County property according to EPA regulations.

B. Remove trees, weeds, etc. at head wall areas and / or access ports.

C. Based upon the inspection recommendations, the County may utilize alternative labor sources to remove debris, trees, etc. solely at its’ discretion.

D. If debris removal is required in order to gain access to the detention system, the County will notify the Contractor when access is available to continue the inspection process.

V. REPAIRS

A. Repair soil erosion or scouring at the outlet(s) of the underground detention if overflow is discharged onto ground surfaces.

B. Repair or replace any damaged system components.

C. Minor repairs should be addressed during the inspection if possible. Contractor will discuss all repairs with the County representative prior to commencing any work.

D. Repairs over $500.00 require a written quote from the Contractor within 30 days of the concluded inspection. The County representative will schedule quoted repairs in coordination with the Contractor.

E. The County reserves the right to complete recommended repairs utilizing contractor or County staff, where applicable.

VI. DETENTION SYSTEM LOCATIONS AND SPECIFICATIONS

*Please refer to Exhibit A at the end of the bid documents for drawings related to the underground detention systems at each of the locations listed below. Please note that drawings for E.E. Robinson Park are labeled as “Level Creek Park.”

BL052-25 Page 5

A. E.E. ROBINSON PARK:

a. Park Address: 650 Peachtree Industrial Blvd., Sugar Hill, GA 305189

b. E.E. Robinson Park has three (3) underground detention systems. Each system has a reinforced concrete outlet structure. Facilities 1 and 2 have velocity dissipaters with 48-inch diameter pipes.

1. Facility 1 consists of three parallel runs of 120-inch diameter Aluminized Steel Pipe, Type 2 (AST-2), with headers at each end. The total length of each pipe is approximately 1,280 linear feet. Manholes at each end provide access to the system. Facility 1 has an emergency under drain at the perimeter consisting of an 8-inch diameter perforated high-density polyethylene (HDPE) pipe.

2. Facility 2 consists of three parallel runs of 72-inch AST-2 pipe with headers at each end. The total length of each pipe is approximately 873 linear feet. Manholes at each end provide access to the system.

3. Facility 3 consists of five parallel runs of 72-inch AST-2 pipe with headers at each end. The total length of each pipe is approximately 1,394 linear feet. Manholes at the end and the outlet control structure at the other end provide access to the system.

B. J.B. WILLIAMS PARK:

a. Park Address: 4935 Five Forks Trickum Rd., Lilburn, GA 30047

b. J.B. Williams Park has four (4) Stormtech underground detention systems.

1. These systems consist of plastic arch-shaped chambers interconnected to provide the needed volume.

2. Inspection ports are provided to access the system.

3. The system has an outlet control structure. The water quality ponds also have an outlet control structure.

C. PEACHTREE RIDGE PARK:

a. Park Address: 3170 Suwanee Creek Rd., Suwanee, GA 30024

b. Peachtree Ridge Park has one (1) detention system located under the football field.

1. The system is in the shape of a “T”, with the horizontal portion of the “T” beyond one end zone, and the vertical portion of the “T” running down the center of the field.

2. The vertical portion consists of three (3) runs of 60-inch diameter reinforced concrete pipe connected by a header.

3. The horizontal portion is a single run of 60-inch diameter reinforced concrete pipe.

4. The total length of the 60-inch pipe is approximately 948 linear feet. Manholes at the horizontal portion provide access to the system.

D. ELISHA WINN HOUSE:

a. Park Address: 908 Dacula Rd., Dacula, GA 30019

b. Elisha Winn House has one (1) detention system located under the parking lot.

1. The system is under the main part of parking lot in front of comfort station. Running the length of the parking lot.

2. Inspection ports are provided to access the system.

3. Four (4) chambers are approximately 300 linear feet. One chamber is approximately 145 linear feet.

E. MOUNTAIN PARK PARK:

a. Park Address: 5050 Five Forks Trickum Rd., Lilburn, GA 30047

b. Mountain Park Park has one (1) Stormtech underground detention system.

BL052-25 Page 6

1. The system consists of plastic arch-shaped chambers interconnected to provide the needed volume.

2. Inspection ports are provided to access the system.

3. Two (2) chambers are approximately 190 linear feet. One chamber is approximately 160 linear feet.

F. SOUTH GWINNETT PARK:

a. Park Address: 2015 McGee Rd., Snellville, GA 30078

b. South Gwinnett Park has two (2) underground detention systems.

1. Detention pond 1 consists of six (6) parallel runs of 48-inch diameter perforated Corrugated Steel Pipe (CSP), with headers at one end, and a single run of 36-inch diameter perforated CSP. The total length of 48-inch pipe is approximately 1,230 linear feet. The total length of the 36-inch pipe is approximately 160 linear feet.

2. Manholes near one end provide access to the system. Due to the size of the pipes in this system and that they have dead ends with only one way in or out, these pipes will need to be inspected by video. An open top outlet control structure is located about 50 feet from the pond.

3. Detention pond 2 consists of five (5) parallel runs of 96-inch perforated CSP with headers at each end. The total length of 96-inch pipe is approximately 800 linear feet.

4. Manholes provide access to the system. An outlet control structure is located adjacent to the pond.

G. SINGLETON PARK

a. Park address: 5220 Singleton Road, Norcross, GA 30092

b. Singleton Park has two (2) underground detention systems.

1. Both detentions ponds have a 30-inch transport pipe and are 36-inches tall.

2. Both detention ponds are located under the parking lot on either side of the dividing island.

H. Gwinnett County reserves the right to add or delete locations as needed. When adding a location, the County will solicit a cost quote from the contractor which shall be developed from unit pricing from the Bid Schedule and quantities comparable to similar locations under the contract.

BL052-25 Page 7

VII. APPENDIX A – SAMPLE OF ANNUAL INSPECTION CHECKLIST

BL052-25 Page 8

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID MAY RESULT IN BID BEING REJECTED.

BID SCHEDULE

ITEM

APPROX.

ANNUAL

QTY

LOCATION UNIT PRICE

SECTION I – FLAT RATE FEES FOR ANNUAL INSPECTIONS

1 1 EA E.E. ROBINSON PARK $

2 1 EA J.B. WILLIAMS PARK $

3 1 EA PEACHTREE RIDGE PARK $

4 1 EA ELISHA WINN HOUSE $

5 1 EA MOUNTAIN PARK PARK $

6 1 EA SOUTH GWINNETT PARK $

7 1 EA SINGLETON PARK $

SECTION I TOTAL $

ITEM

APPROX.

ANNUAL

QTY

DESCRIPTION UNIT PRICE TOTAL PRICE

SECTION II – RATES FOR CLEANING AND REPAIR SERVICES

1 100 HRS Hourly Rate for Certified Technician $ /HR $

2 1,000 HRS Hourly Rate for Technician Helper $ /HR $

3 50 HRS Administrative Hourly Rate for Coordinating Subcontractor Work $ /HR $

4 $15,000.00 State percentage of mark up above cost for replacement parts/materials (Not to exceed 15%) % $

SECTION II TOTAL $

BID TOTAL (SUM OF SECTIONS I + II) $

COMPANY NAME: _____________________________________________________________________

BL052-25 Page 9

BID SCHEDULE CONTINUED

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

Addendum No. Date Addendum No. Date

Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive. Contract to begin July 1, 2025 or upon notification of award.

Unless otherwise noted, bid prices will remain firm for four (4) additional one-year periods.

• If a percentage increase/decrease will be a part of this bid, please note this in the space provided together with an explanation:

1st Renewal Option increase/decrease (circle one)

2nd Renewal Option increase/decrease (circle one)

3rd Renewal Option increase/decrease (circle one)

4th Renewal Option increase/decrease (circle one)

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: _____________________________________________________________________

BL052-25 Page 10

BID SCHEDULE CONTINUED

Certification Of Non-Collusion in Proposal Preparation

(Signature) (Date)

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within ninety (90) days of the date of quote 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 quote 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 bidders.

Legal Business Name

Address

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

Representative Signature

Print Authorized Representative's Name

Telephone Number Fax Number

E-Mail Address

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

Telephone Number Fax Number

E-Mail Address

BL052-25 Page 11

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

REJECTED.

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed within the last five (5) years.

1. Company Name

Brief Description Of Project

Completion Date

Contact Person

Telephone Number Fax Number

2. Company Name

Telephone Facsimile

3. Company Name

Telephone Facsimile

Company Name

BL052-25, Provision of Inspection, Cleaning and Repair of Underground Detention Systems at Various Park Locations on an Annual 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

BL052-25, Provision of Inspection, Cleaning and Repair of Underground Detention Systems at Various Park Locations on an Annual 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: ______________________

BL052-25 Page 14

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

REJECTION.

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS

TYPE OF WORK

Company Name

BL052-25 Page 15

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.

BL052-25 Page 16

• 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 Cyber Liability Insurance: Applies if scope of work includes the storage or transfer of any County data or

BL052-25 Page 17 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.

BL052-25 Page 18

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 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

BL052-25 Page 19 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.

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.

BL052-25 Page 20

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.

BL052-25 Page 21

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

BL052-25 Page 22 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 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

BL052-25 Page 23

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 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)

BL052-25 Page 24

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…