July 21, 2021

INVITATION TO BID

BL058-21, Provision of Scanning and Indexing Historical Court Documents

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified service providers for the Provision of Scanning and Indexing Historical Court Documents on an Annual Contract with four (4) options to renew for the Clerk of Court.

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 August 11, 2021 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

A site visit is scheduled for 10:00 A.M. on July 28, 2021 at the Gwinnett County Records Center located at 455 Grayson Highway, Lawrenceville, GA 30046. All bidders are urged to attend. No questions should be asked during the site visit. Any clarifications are issued by an addendum only. Questions regarding bids should be directed to Jake Scarpone at Jake.Scarpone@gwinnettcounty.com, no later than 3:00 P.M. local time on July 29, 2021. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

Successful service provider 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-5 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 Susan Canon, 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 service provider(s) submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in the entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive 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.

Jake Scarpone

Jake Scarpone Purchasing Associate II

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 7-9 References, Page 10 Subcontractors, Page 11 Code of Ethics Affidavit, Page 12 Contractor Affidavit, Page 13 http://www.gwinnettcounty.com/ mailto:Jake.Scarpone@gwinnettcounty.com

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I. SPECIFICATIONS

A. General Requirements The successful service provider shall provide all labor and equipment necessary to make digital images by document type, case and index, using specified taxonomy of the Clerk of Superior Court. The successful service provider shall utilize automated digital document scanners to capture all images, install server(s), workstations, and local network to support digital scanning as needed to accomplish the goals of document preservation. The purpose of digital image scanning and conversion to image scanning is to make available an image database to the client and enhance service delivery levels to the citizens of Gwinnett County. Documents are to be scanned daily.

B. Purchasing Contact Information regarding the bid requirements may be obtained by submitting questions in writing to Jake Scarpone, Purchasing Associate II, Email: Jake.Scarpone@gwinnettcounty.com by the established cut off for questions after the site visit timeframe.

C. Bid Preparation Bidders should SUBMIT ONE (1) ORIGINAL, SIGNED AND DATED on the forms provided in the Bid Document.

All bids should be made on the bid forms contained herein and shall be subject to all requirements of the solicitation. All bids should be regular in every respect without excisions, and no special conditions should be made or included in the bid by the Bidder.

Unit price and extensions of unit prices should be entered in the appropriate spaces provided on the Bid Schedule.

Unit prices shall include an appropriate allocation of overhead and other indirect costs deemed necessary so that the summation of unit price extensions represents the total bid amount. Failure to return the required County forms may be grounds for the County to deem the bid non-responsive and therefore ineligible for award.

D. Addenda and Interpretations All questions should be received no later than the question cutoff date provided on the invitation to bid. Only those questions not answered in the solicitation and/or clarifications answered by formal written Addenda will be binding.

If a bid bond is required, forms would be contained in the solicitation. This bid does not require a bid bond.

Replies will be issued by addenda and will be posted on the Gwinnett County website and Georgia Procurement Registry for download. Receipt of addendum should be acknowledged in the bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal.

E. References All interested parties submitting a bid on this solicitation should provide to the County three (3) verifiable references of equal size and scope. It is the responsibility of the service provider to make sure that all contact names, phone numbers, and email addresses are current. The County will make a reasonable attempt to contact the references indicated on the bidder’s reference sheet. If the County is unable to make contact with the reference provided, the County may require the bidder to submit additional references. Failure on the part of the bidder to provide the County with three verifiable references may be grounds for the County to deem the bidder non-responsible and therefore ineligible for award.

F. Insurance The successful bidder will be required to meet the insurance requirements set forth in this solicitation. 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-5 or higher.

mailto:Jake.Scarpone@gwinnettcounty.com

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II. SCOPE OF WORK, TECHNICAL SPECIFICATIONS, AND SCANNING SPECIFICATIONS

The service provider must adhere to the following:

A. SCOPE OF WORK

The successful service provider will be required to scan and index Magistrate Court Case Files into digital images.

All bidders shall be prepared to perform all these functions. The daily workload and/or production schedule will be determined by the Clerk of Court to maintain the project within the budget available for this project. At no time will the successful bidder be allowed to deviate from the schedule set by the Clerk of Court without written approval of the Clerk of Court.

The purpose of image scanning, conversion and indexing services is to image documents following the standards listed herein and to make available an image database to Gwinnett County Courts. The documents must stay within the state of Georgia. If the awarded service provider has County documents for scanning and indexing and the County requests their return, the records must be returned within 24 hours from the request.

There are an estimated 2,730,000 pages to be scanned in year 1.

*Page number estimate is based on 10, standard letter size pages, single side, per file. Estimated quantities are not guaranteed and quantities for the upcoming year will be addressed with the awarded vendor at each renewal option.

The service provider must adhere to the following:

1. Confidentiality and Security of Documents

It is vital that the successful service provider understands the requirements for maintaining integrity, chain of custody and security of the case files throughout the entire process. Once the successful service provider receives the documents from the Clerk of Courts, they become solely responsible for their safekeeping.

The service provider shall:

a. Safeguard against theft, loss, and/or damage must be maintained at the highest levels.

b. Allow NO unauthorized reproduction or duplication of any media produced by the service provider is permissible, without the consent of Gwinnett County Courts.

c. Establish and document specific procedures for handling County document files that:

Case Year Estimated Number of Boxes

Estimated Number of Files

Estimated # of Pages*

1983 9 1,370 13,700 1984 17 2,647 26,470 1985 24 4,019 40,190 1986 46 6,821 68,210 1987 74 9,733 97,330 1988 79 11,229 112,290 1989 83 11,968 119,680 1990 109 12,521 125,210 2005 290 37,558 375,580 2006 303 40,704 407,580 2007 309 42,318 423,180 2008 350 47,109 471,090 2009 339 45,069 450,690

Est. Total Boxes 2,032 273,066 2,731,200

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i. Minimize the risk for an original document to be misfiled, misplaced, damaged, or lost;

and

ii. Assures all documents presented for scanning are imaged, indexed and stored in the deliverable image library.

d. Make No changes or any other alternations to the contents of the original documents.

e. Evaluate conditions and quality of original paper document and determining the appropriate scanning method to produce the best image.

f. Coordinate any other changes or actions regarding the documents with the Courts.

2. Final Quality Assurance (QA)

The service provider shall be required to perform a final quality assurance step that compares the cases uploaded to those provide by the Clerk of Courts for scanning, to ensure that every case file has been digitized, indexed, and uploaded. The Clerk of Courts will implement this process in conjunction with the service provider.

3. Retrieval of a Case File

The service provider shall maintain an inventory of the case files in each box to allow for the retrieval of any case file in their possession, within the required twenty-four-hour turnaround time.

4. Document Pickup

The service provider shall transport the documents to their facility for scanning purposes. All records shall be transported in a closed, preferably climate-controlled vehicle.

The service provider shall pick up the records to be scanned from the County’s Records Management Center, located in Lawrenceville, GA. The service provider will be required to verify and sign a transmittal for the receipt of each box of records, prior to removal from the County’s Records Management Center.

5. Document (Original) Return

Case files are to be returned to Gwinnett Records Management Center, in the original storage box, in which they were pickup up in.

The Clerk of Courts and the successful service provider will mutually develop procedures as pickup and return delivery schedule. The Court’s plan is for weekly pickup.

B. TECHNICAL SPECIFICATIONS

1. Service provider shall provide final images in a manner and format such that they may be integrated into the existing case file record system (Odyssey by Tyler) used by the Clerk of Court.

2. Service provider shall provide final images in a manner and format that utilizes open-source software that organizes, searches, views, and downloads content to the extent possible (example Apache Solr).

3. Service provider shall provide final images converted from paper to digital PDF/A.

4. Converted images shall be in PDF/ATIFF OR TIFF IV or others defined by the system as approved by the

Clerk of Courts.

5. Database user should be able to perform custom search by indexed field.

6. Digital images may be viewed via internal Web browser (Internet Explorer 8 or higher, Microsoft Edge, BL058-21 5

Mozilla, Firefox, or Chrome).

C. SCANNING SPECIFICATIONS

1. Document Preparation

The service provider shall include an “Imaging Control Log” for each box of case files. The log shall remain in each box, throughout the preparation, scanning and quality assurance stages. The log should capture at minimum the County Records Management box number, corresponding magistrate case numbers in each box, number of pages prepped in each case folder, and number of pages scanned per case number. The log is to be placed in the corresponding box upon return of the records box to Gwinnett’s Records Management Center. The log will be compared to invoices prior to processing payment to ensure that invoices are submitted accurately.

a. Standard Preparation Service provider shall:

i. Remove staples, paper clips or other extraneous items.

ii. Unfold, smooth or other actions to make documents ready for scanning.

iii. Repair all torn documents with non-reflective tape.

b. Document Sequencing Service provider shall place the documents within each case file folder in the following sequence:

i. Complaint

ii. Certificate of Service

iii. Answer

iv. Judgement

v. Miscellaneous

2. Document Scanning & Indexing

Service provider shall calibrate and maintain systems (maintain consistency of output as described in ANSI/AIIM MS44-1988 (R1993) Recommended Practice for Quality Control Image Scanners;

ensure that scanning system is free from dust and other particles; maintain calibration through each shift; use appropriate technical targets and procedures as defined by manufacturer).

a. All magistrate case file shall be indexed by the following searchable fields:

i. Case Number

ii. Plaintiff Name

iii. Defendant Name

b. Converted images shall be in one of the following formats:

i. PDF and PDF/A (Single page Double page)

ii. TIFF and TIFF IV

iii. Others defined by the systems as approved by the Clerk of Court I/T liaison

The service provider will not be required to index all the required information directly into the existing records management software rather they will provide data files to import to the current system.

c. Each document within the case file folder shall be grouped and scanned under the corresponding Magistrate case number.

d. All data must be preserved in a form identical to, or functionally equal to, the original record.

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e. Service provider shall scan documents at minimum 300 DPI or higher for those documents where it is required to meet the quality requirements.

f. Service provider shall not scan blank documents.

g. Make adjustments and re-scanning, if necessary, to produce a complete and legible image.

h. Service provider shall report and discuss any problem images that cannot be captured to meet quality with the Clerk of the Courts.

i. Service provider shall enter on the “Imaging Control Log” the number of pages recorded by the scanner for each box of case files scanned.

j. Scanning production and deliverables will be tracked in a batch environment by delivery with information readily available to Gwinnett County.

3. Quality Assurance (QA) The service provider shall perform a 100% QA for each magistrate case scanned, by comparing each document in the case file folder against the images in digital format. This shall include image clarity, orientation, and accuracy (missing, overlapping, etc. of documents).

The service provider shall document on the “Imaging Control Log” all corrections made to ensure digital images mirrors the original documents in the case file folder.

4. Document Deliverables

The service provider shall upload the scanned images as designated by the Clerk of Courts. The Clerk of Court will work with the successful service provider on the methods needed to accomplish this task.

If service provider cannot meet any of the specifications, expectations, or services in Section II, or take exception to any of the terms or conditions presented, these exceptions should be distinctly noted, in bid package. If no exceptions are reported, the County will assume full capabilities as described in the specifications

D. Certification and Important Requirements

1. It is the County’s preference that the service provider be certified with the Georgia Superior Court

Clerks’ Cooperative Authority (GSCCCA) to perform indexing, verification, and scanning services.

Service providers without the GSCCCA certification will still be considered for award.

2. Service provider shall be responsible for onsite document prep and imaging, with the exception of bound newspapers.

3. Service provider shall have verifiable experience and have a record of a minimum of projects similar to Gwinnett County Clerk of Courts’ in size and scope within the last 5 years is preferable or similar projects regardless of size for clerks of court in other counties in Georgia.

4. NOTE REGARDING QUANTITIES: The quantities shown for the items with unit pricing are subject to either increase or decrease, and should the quantities of any of the items of work be increased, the Bidder proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of work.. The Clerk of Court does not guarantee any minimum amount of scanning work to be performed during any given time period for the duration of this contract.

Failure to return this page as part of your bid document may result in your bid being deemed non-responsive.

BL058-21 7

SERVICE PROVIDER NAME______________________________________________

BID SCHEDULE

NOTE REGARDING BASE BID AMOUNT: In the event of computational errors the unit of measure prevails.

ITEM DESCRIPTION UNIT OF

MEASURE

ESTIMATED

TOTAL QUANTITY

FOR YEAR #1

UNIT

COST TOTAL COST

Digital Scanning and Indexing

1.

Off-site Digital Scanning Location:

2. Document Pickup and Document Return (to include return of physical documents and scanned image return) Per Box 2,032 $ $

3. Document Preparation (Standard Preparation & Document Sequencing) Per Image 2,731,200 $ $

4. Document Scanning (Scanning of 11 x 14 or smaller documents in color, regardless of simplex or duplex) Per Image 2,731,200 $ $

5.

Document Indexing (Indexing of case number, plaintiff name, defendant name) to include export of images in required image/index format

Per Image 2,731,200 $ $

6. Quality Assurance – Image to Paper Verification (see section II, article C, number 3) Per Image 2,731,200 $ $

BID TOTAL $

NOTE: Estimated quantities are not guaranteed and quantities for the upcoming year will be addressed with the awarded vendor at each renewal option.

Failure to return this page as part of your bid document may result in your bid being deemed non-responsive.

BL058-21 8

BID SCHEDULE CONTINUED

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 upon award.

Unless otherwise noted, quoted prices will remain firm for four (4) additional one (1) year periods.

• If a percentage decrease will be a part of this quote, please note in the space provided along with an explanation.

1st Renewal Period 2nd Renewal Period

3rd Renewal Period 4th Renewal Period

• If a percentage increase will be a part of this quote, please note in the space provided along with an explanation.

1st Renewal Period 2nd Renewal Period

3rd Renewal Period 4th Renewal Period

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.

Certification Of Non-Collusion In Bid Preparation Signature Date

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

Addendum No. Date Addendum No. Date

Failure to return this page as part of your bid document may result in your bid being deemed non-responsive.

BL058-21 9

BID SCHEDULE CONTINUED

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Bidders" 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 bid 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

Federal Tax ID

Address

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

Representative Signature Printed 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 http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

BL058-21 10

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

REFERENCES

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

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on.

Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Company Name

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GWINNETT COUNTY, GEORGIA

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

BL058-21 12

BL058-21 Provision of Scanning and Indexing Historical Court Documents

CODE OF ETHICS AFFIDAVIT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE 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 his/her 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 check one box below)

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. Sworn to and subscribed before me this

BY: day of , 20

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent Notary Public

Title of Authorized Officer or Agent of Contractor (seal)

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

BL058-21 13

BL058-21 Provision of Scanning and Indexing Historical Court Documents

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: ______________________

BL058-21 14

STANDARD INSURANCE REQUIREMENTS

(For projects less than $1,000,000)

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations) Blanket 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

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) The following additional coverage must apply Additional Insured Endorsement Concurrency of Effective Dates with Primary Blanket Contractual Liability Drop Down Feature Care, Custody, and Control - Follow Form Primary Aggregates: Apply Where Applicable in Primary Umbrella Policy must be as broad as the primary policy

5. Cyber Liability Insurance

(a) $1,000,000 Limit for Network Security or Privacy Liability

(b) $1,000,000 Limit for Data Recovery

6. Gwinnett County Board of Commissioners (and any applicable Authority) should be shown as an additional insured on General Liability, Auto Liability and Umbrella Liability policies.

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

8. Certificate Holder should read:

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

BL058-21 15

9. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the 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-5 or better.

10. Insurance Company should be licensed to do business by the Georgia Department of Insurance.

11. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

12. The Service provider 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 the compliance with these insurance requirements.

13 All insurance coverages required to be provided by the Service provider will be primary over any insurance program carried by the County.

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

15. No service provider 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.

16. The service provider 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 service provider for the County.

17. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents 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.

18. The service provider shall make available to the County, through its records or records of their insurer, information regarding a specific claim related to any County project. Any loss run information available from the service provider or their insurer relating to a County project will be made available to the County upon their request.

19. Compliance by the service provider and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the service provider and all Subcontractors of their liability provisions of the Contract.

20. The Service provider 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.

21. The Service provider shall at a minimum apply risk management practices accepted by the service providers’ industry.

BL058-21 16

FAILURE TO RETURN THIS PAGE MAY RESULT IN REMOVAL OF YOUR COMPANY

FROM COMMODITY LISTING.

BL058-21

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

BL058-21 17

***ATTENTION***

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

RESPONSIVE AND AUTOMATIC REJECTION:

1. FAILURE TO USE COUNTY BID SCHEDULE.

2. FAILURE TO RETURN APPLICABLE COMPLIANCE SHEETS/SPECIFICATION SHEETS.

3. FAILURE TO RETURN APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

5. THE COUNTY SHALL BE THE SOLE DETERMINANT OF TECHNICALITY VS. NON-

RESPONSIVE BID.

6. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN BID BEING DEEMED

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

ALL BIDS. BOND REQUIREMENTS ARE CLEARLY STATED ON THE INVITATION TO BID. IF

YOU NEED CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE. IF BONDS ARE

REQUIRED, FORMS WILL BE PROVIDED IN THIS BID DOCUMENT.

7. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN REQUIRED,

MAY RESULT IN BID BEING DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION.

CONTRACTOR AFFIDAVIT AND AGREEMENT IS NOT REQUIRED ON ALL BIDS. IF YOU

NEED CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE.

BL058-21 18

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

A. Each bidder shall examine the drawings, specifications, schedule and all instructions.

Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response.

B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

C. With the exception of 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 contract award by the Board of Commissioners. 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.

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal submittal, but are contained for informational purposes only. If awarded, the successful bidder(s) will be required to complete them prior to contract execution.

E. 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 your bid/proposal 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 bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

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

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

III. EXPLANATION TO BIDDERS

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all bidders before the close of bid. Any information given to a prospective bidder concerning an invitation for bid will be furnished to all prospective bidders as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. The written bid documents supersede any verbal or written communications between parties. Receipt of addendum should be acknowledged in the

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bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal.

IV. SUBMISSION OF BIDS

A. Bids shall be enclosed in sealed envelopes, addressed to the Gwinnett County Purchasing Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Telegraphic/faxed bids 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 company 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 bidder’s request and expense if items are not destroyed by testing.

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

E. Full identification of each item bid upon, including brand name, model, catalog number, etc. must be furnished to identify exactly what the bidder is offering. Manufacturer’s literature may be furnished.

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

G. Unsigned bids will not be considered except in cases where bid is enclosed with other documents, which have been signed. The County will determine this.

H. Gwinnett County is exempt from federal excise tax and Georgia sales tax with regard to goods and services purchased directly by Gwinnett County. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

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

V. WITHDRAWAL OF BID DUE TO ERRORS

The bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error within two (2) business days after the conclusion of the bid opening procedure. Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually 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 bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and material used in the preparation of the bid sought to be withdrawn. The bidder’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his bid.

If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be low bid.

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No bidder who is permitted to withdraw a bid 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 was submitted.

Supplier has up to forty-eight (48) hours to notify the Gwinnett County Purchasing Office of an obvious clerical error made in calculation of bid in order to withdraw a bid after bid opening.

Withdrawal of bid for this reason must be done in writing within the forty-eight (48) hour period.

Suppliers who fail to request withdrawal of bid by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid may not be withdrawn otherwise.

Bid 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, which fails to meet the specifications, shall be borne by the bidder.

VII. F.O.B. POINT

Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the bidder, items shall be shipped F.O.B. Destination. 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 contractor 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 contractor 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 bid as required in bid package or document. Failure to submit a bid bond with the proper rating will result in the bid 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 an A.M. Best rating as stated in the bid when required in the bid package or document.

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in award of bids.

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 later date. Payment is deemed to be made for the purpose of earning the discount, on the date of the County check.

XI. AWARD

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A. Award will be made to the lowest responsive and responsible bidder. 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 bidder to perform, and the bidder 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 bid if the evidence submitted by, or investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract.

B. The County reserves the right to reject or accept any or all bids and to waive technicalities, informalities and minor irregularities in bids received.

C. The County reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest.

XII. DELIVERY FAILURES

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.

XIII. COUNTY FURNISHED PROPERTY

No material, labor or facilities will be furnished by the County unless so provided in the invitation to bid.

XIV. REJECTION AND WITHDRAWAL OF BIDS

Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds for rejection of bid.

XV. CONTRACT

Each bid is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the bidder and the County which shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a bid package containing a Gwinnett County “Sample Contract” as part of the requirements, it is understood that the bidder has reviewed the documents with the understanding that Gwinnett County requires that all agreements between the parties must be entered into via this document. If any exceptions are taken to any part, each must be stated in detail and submitted as part of the bid. If no exceptions are stated, it is assumed that the bidder fully agrees to the provisions contained in the “Sample Contract” in its entirety.

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Any Consultant as defined in O.C.G.A. §36-80-28 that is engaged to develop or draft specifications/requirements or serve in a consultative role during the procurement process for any County procurement method, , by entering into such an arrangement or executing a contract that the consultant a agrees to: (1) Avoid any appearance of impropriety and shall follow all policies and procedures of the County (2) disclose to the County, any material transaction or relationship pursuant to §36-80-28, considered a conflict of interest, any involvement in litigation or other dispute, relationship or financial interest not disclosed in the ethics affidavit, when ethics affidavit is required or such that may be discovered during the pending contract or arrangement; and (3) Acknowledge that any violation or threatened violation of the agreement may cause irreparable injury to the County, entitling the County, to seek injunctive relief in addition to all other legal remedies.