BL058_26 Inv.pdf

BL074-23

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

BID SCHEDULE

Company: _________________________________________________________________

April 15, 2026

INVITATION TO BID

BL058-26

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for Purchase of Ice Melt and Road Salt on an Annual Contract for multiple departments.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL058-26 and Company Name. Bids will be received until 2:50 P.M. local time on May 5, 2026 at the Gwinnett County Financial Services - Purchasing Division – 4th Floor - Nash Building, 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. The bid opening will be virtual ONLY. To access the bid opening virtually, visit the following link: Webex Link or dial 408-418-9388 and enter Conference ID 23420121098##. Apparent bid results will be available the following business day on the website www.gwinnettcounty.com.

Questions regarding bids should be directed to Michael Milstein, Purchasing Associate II, at Michael.Milstein@GwinnettCounty.com or by calling 770-822-7811, no later than April 23, 2026. Bids are legal and binding upon the vendor when submitted. All bids should be submitted in duplicate.

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

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

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

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

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

Michael Milstein Purchasing Associate II

MM/km

The following pages should be returned in duplicate as your bid: Fee Schedule, pages 6-7 References, page 8 Ethics Affidavit, page 9 E-Verify, page 10 https://gwinnettgov.webex.com/gwinnettgov/j.php?MTID=m774d56f5a5eca281f1b7f0c0cf77794a mailto:Michael.Milstein@GwinnettCounty.com http://www.gwinnettcounty.com/

BL058-26 Page 2

REQUIREMENTS

I. Scope of Work

The successful supplier(s) will be required to provide de-icing salt as specified within the bid documents for the various Gwinnett County departments as requested on an as needed basis during the contract term. The contract shall commence upon approval by the Gwinnett County Board of Commissioners for a twelve (12) month period.

Pricing and delivery are to remain firm throughout the initial term of the contract period. Gwinnett County reserves the right to buy outside of this contract in case of an emergency when the supplier cannot meet the needs of the County in time. Please refer to Delivery Failures in the general instructions to vendors for more information on this policy.

The contract may be renewed for four (4) additional annual (12) month periods providing that pricing remains firm or there is a pre-approved increase, service is satisfactory, both parties are willing to renew, and upon approval by the Gwinnett County Board of Commissioners.

II. General Information A. Quantities on the bid schedule are estimated annual quantities. The County may purchase depending on requirements and funding. Each department will place orders on an “as-needed” basis.

B. Road salt should be delivered within 1 week of request or as instructed by County representative. Orders may be fulfilled in multiple deliveries; however, final delivery quantities must match the quantities listed on the Purchase Order.

C. For forecasted winter weather events road salt should be delivered with 72 hours of request.

D. Deliveries must be made between 7:00 AM and 3:30 PM weekdays only. Deliveries made at other times may not be paid. A copy of the delivery ticket should be left on-site with County representative.

i.Extended or after-hours delivery may be required during emergency operations as coordinated with the County.

E. All delivery charges (including freight and fuel) must be listed in the bid pricing.

III. Product Packaging (Bulk Delivery Excluded) On each bag delivered to each of the County facilities indicated in the following bid specifications, the name of the distributor and the manufacturer’s name must be indicated with the item/product number, size, quantity, brand name, and bag weight. Distributor’s name is not to cover/disguise manufacturer’s information. Failure to provide labeling with the required information may result in the refusal of delivery, cancellation of order and/or the return of items that are not in compliance with the bid specifications at which no additional cost will be incurred by the County. It will be the responsibility of the successful supplier to incur any additional expense associated with picking up/replacing non-compliant items with items compliant to the bid specifications.

IV. Bulk Delivery Solid bulk delivered load shall have a certified weight ticket. All loads shall not exceed legal limits. The County may, at its sole discretion and at any time, inspect all truck weights. If actual weight, as determined by GCDOT, in any way varies from the Supplier’s weight ticket, the Department shall only accept an invoice for the actual weight of the load. The County reserves the right to reject the delivery of product. Standard Operating Procedure

(SOP) 15

Along with each shipment of material, the Supplier shall deliver one set of the “Material Safety Data Sheets” which shall contain all information under the law and as set forth in policy by the Environmental Protection Agency and the Georgia Environmental Protection Division.

Suppliers must be able to deliver products described herein to multiple locations as designated on the delivery locations below.

All shipments shall be F.O.B. Destination, Freight Prepaid and Allowed.

V. Substitutions A. No substitutions will be permitted after the award of this bid has been made unless pre-approved in writing by an authorized Gwinnett County representative. Any substitutions that are received, other than those items approved/awarded and indicated on the successful suppliers bid documents will result in possible rejection and cancellation of order. Any approved substitutions must remain at the contracted price.

https://www.dot.ga.gov/PartnerSmart/Business/Source/sop/sop15.pdf https://www.dot.ga.gov/PartnerSmart/Business/Source/sop/sop15.pdf

BL058-26 Page 3

1. Prior approval by the user departments and the Purchasing Division is required for any substituted item to ensure that the substituted products are acceptable by all departments made part of this bid. Any products provided to any of the user departments without prior approval/authorization will be returned at the supplier’s expense and deemed non- compliant.

2. The successful supplier agrees not to assign, transfer, or sublet in whole or in part any items indicated in this bid.

VI. Orders Orders will be placed directly with the successful supplier with a purchase order issued by the individual user departments on an “as needed” basis. Quantities are approximate annual quantities. Orders are to be filled regardless of quantity and/or dollar amount. All orders delivered or picked up will require a PO number. Orders provided without a contract document are not to be considered authorized purchases and may be subject to non-payment of invoice. All orders must be accompanied by a packing slip and all orders shipped in error, to be returned are to be picked up within five (5) business days of notification.

VII. Sample Submission and Testing A. Material Testing: Under the guidelines of the Department’s Quality Assurance Program, the Supplier is responsible for all testing to assure the materials supplied meet the current edition of specifications and contract specifications noted herein. The Department may at any time prior to shipment, after shipment, during application, or after application pull representative samples. Any failure of material to meet specifications will result in the Supplier not being paid for the material associated with failure. In addition, any material already supplied will be reviewed for possible non-compliance.

B. In addition to meeting all specifications as described herein, it shall be the Supplier’s responsibility to assure that no unacceptable material is delivered under the awarded Contract. Unacceptable material is any material found not to meet the specifications referenced herein.

a. Supplier shall bear all costs associated with removal, replacement, and retesting of non-compliant materials.

C. If testing is deemed necessary, samples will be tested in accordance with the Current Edition of the ASTM standards referenced below and the requirements defined herein. Failing test results may result in the cancellation of the contract, at the discretion of the Department.

a. American Society of Testing Materials Specification (ASTM) D98 - 15 - Standard Specification for Calcium Chloride, Current Edition

b. American Society of Testing Materials Specification (ASTM) D632 - 12 - Standard Specification for Sodium Chloride, Current Edition

VIII. Delivery Terms/Invoice

A. Delivery should be coordinated with each user department upon award, as orders are placed individually by each department and will require delivery to various facilities and locations as indicated below in item XII.

B. All products delivered to Gwinnett County under this contract are subject to inspection and verification for compliance with bid specifications. Gwinnett County reserves the right to refuse delivery or return any items received that are not labeled properly, damaged, or not in compliance with the bid specifications. Any and all non-compliance will be documented by County personnel and may have a negative impact on suppliers with this contract including but not limited to vendor replacement of products, rejection of shipment, possible cancellation of order and/or re-award of contract which could negatively impact future awards. All cost incurred to pick up and correct non-compliant or damaged orders will be the sole responsibility of the successful supplier.

C. Deliveries will be F.O.B. Destination to each location, drop ship only (no inside delivery required). Supplier shall deliver orders as specified on the issued PO document received and be accompanied with a packing slip. All invoices shall reflect the bid number, PO document number and the delivery address. All items ordered from this contract must be invoiced separately from those items ordered which are not a part of this contract.

F.O.B. Point: Item(s) 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 all items are delivered and the contract of carriage has been complete.

BL058-26 Page 4

Delivery Time A.R.O.

After receipt of order (PO document) and all pertinent information necessary from Gwinnett County, please indicate on the attached Bid Schedule for each item, the number of calendar days required for delivery.

IX. Delivery Locations Delivery will be F.O.B. Destination to the following locations: (Subject to change through the life of the contract, locations may be added and deleted in writing as necessary)

X. Award

Award will be based on the correct lowest unit of measure price. Gwinnett County reserves the right to make award of this bid by line item, by section, or to the overall low responsive and responsible supplier bidding the majority of items, and/or on the basis of uniformity as deemed in the County’s best interest.

XI. Communications

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 without permission of 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. Violations will be reviewed by the Purchasing Director. 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.

Police Services – Old Macy’s Building 3360 Venture Parkway NW Duluth, GA 30096

(BULK DELIVERY LOCATION)

Department of Water Resources – Central Warehouse 684 Winder Highway Lawrenceville, GA 30045

Department of Water Resources – Lainer Filter Plant 2590 S Waterworks Road Buford, GA 30518

Department of Water Resources – Crooked Creek Water Reclamation 6556 Plant Drive Norcross, GA 30092

Department of Water Resources – Yellow River Water Reclamation 858 Tom Smith Road SW Lilburn, GA 30047

Department of Water Resources – F. Wayne Hill Water Resources Center 1500 One Water Way Buford, GA 30519

Department of Community Services – Parks and Recreation Warehouse 352 Hosea Road Lawrenceville, GA 30046 **Hours of Delivery at this Location should be Monday – Friday, 7:00 am. – 2:00 p.m.

(BULK DELIVERY LOCATION)

Department of Transportation – DOT Central Facility 620 Winder Highway NE Lawrenceville, GA 30045

Grounds Maintenance Shed Nash Street parking lot 75 Langley Drive Lawrenceville, GA 30046

(SIGNATURE REQUIRED)

BL058-26 Page 5

Product Specifications Sodium Chloride (Bulk Use)

A. This product will be used by Gwinnett County DOT and Gwinnett County DWR to treat roadways in preparation for winter events. Please see the following requirements for this product.

i. This bulk product must be Sodium Chloride (NaCl): ≥ 95% by weight

ii. It must have not have Insoluble matter: ≤ 1.5% and Calcium & magnesium salts: ≤ 3%

1. If the product being delivered to Gwinnett County exceeds either of these amounts the delivery may be rejected. This will be tested in accordance with ASTM D632-12

B. Gradation of this bulk delivery must be able to pass through type I, sieve no. 8, and be free flowing.

C. Product the County currently uses is Morton Safe-T-Salt, but the County will accept approved equivalents.

D. Products should be able to perform at least negative 10 degrees.

Granular Calcium Chloride and Magnesium Chloride blend 50-pound bag

A. This product will be used by Gwinnett County Emergency entities.

B. Chemical Composition Breakdown

a. Calcium chloride (CaCl₂): ~94.8%

b. Sodium chloride (NaCl): ~2.5%

c. Magnesium chloride (MgCl₂): ~0.1%

d. Calcium hydroxide + trace stabilizers: <1%

C. Gwinnett County plans to order these bags per pallet.

D. Products shall be suitable for use on concrete, asphalt, and landscaped areas when applied per manufacturer recommendations E. Products should be able to perform at least negative 10 degrees.

Sodium Chloride 50-pound bag A. This product will be used by all Gwinnett County Departments in preparation for winter events. Please see the following requirements for this product.

i. This bulk product must be Sodium Chloride (NaCl): ≥ 95% by weight

B. Gwinnett County plans to order these bags per pallet.

C. Products should be able to perform at least negative 10 degrees.

Granular Calcium Magnesium Acetate 50-pound bag

A. Gwinnett County will be using this for application on our parking deck.

B. Chemical Composition Requirements

a. Calcium Magnesium Acetate 60-90%

b. Dolomite (CaMg(CO₃)₂) 5-20%

c. Corrosion inhibitors 1-5%

d. Anti-caking agents <2%

C. Products should be able to perform at least negative 10 degrees.

BL058-26 Page 6 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN THE REJECTION OF THE BID.

ITEM # APPROX.

ANNUAL QTY DESCRIPTION BRAND NAME & MFG. # UNIT

SIZE DELIVERY A.R.O. UNIT

PRICE

TOTAL

PRICE

1. 450 TONS

Bulk Sodium Chloride Safe-T- Salt (F1400200000Z) or approved equivalent

Ton $ $

2. 750 BAGS

Granular Calcium Chloride and Magnesium chloride blend 50-pound bag

Pound $ $

3. 40 BAGS Granular Calcium Magnesium Acetate 50lb bag (Parking Deck) Pound $ $

4. 3,136 BAGS Sodium Chloride 50-pound Bag Pound $ $

Total Cost $

BL058-26 Page 7 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN THE REJECTION OF THE

BID.

Certification Of Non-Collusion in Bid Preparation Signature Date

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to 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 bid opening, to furnish any or all of the items upon which prices are bid, at the price set opposite each item bid, 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

Address

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

Representative Signature

Printed Name

Telephone Number Fax Number

E-mail address

Unless otherwise noted, quoted prices will remain firm for four (4) additional 12-month periods. If a percentage increase/decrease is a part of the renewal options, please note this in the space provided together with an explanation.

Renewal Option 1: % Increase % Decrease Explanation Renewal Option 2: % Increase % Decrease Explanation Renewal Option 3: % Increase % Decrease Explanation Renewal Option 4: % Increase % Decrease Explanation

BL058-26 Page 8

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

BL058-26 Page 9

BL058-26 Purchase of Ice Melt and Road Salt on an Annual Contract. Page 9

CODE OF ETHICS AFFIDAVIT

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

PRIOR TO EVALUATION.

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

1. __________________________________________________________________________________________ Company Submitting Bid/Proposal

2. Please select one of the following:

No information to disclose (complete only section 4 below) Disclosed information below (complete section 3 & section 4 below)

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

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Sworn to and subscribed before me this day of , 20

Notary Public

(seal)

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

7.14.17 http://www.gwinnettcounty.com/

BL058-26 Purchase of Ice Melt and Road Salt on an Annual Contract. Page 10

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

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

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

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

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: ___________________________

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

For Gwinnett County Use Only:

Document ID #________________

Issue Date: ___________________

Initials: ______________________

VENDOR INSURANCE REQUIREMENTS 1

GWINNETT COUNTY FINANCIAL SERVICES │

RISK MANAGEMENT

VENDOR INSURANCE REQUIREMENTS

Insurance:

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

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

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

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

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

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

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

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

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

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

Automobile Liability to include:

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

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

VENDOR INSURANCE REQUIREMENTS 2

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

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

• Coverage to include loading and unloading

• Contractual Liability

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

Workers Compensation Georgia State Statutory Limits Employers Liability

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

Bodily Injury by Disease – Each Employee $ 500,000

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

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

Contract Sums:

Contracts up to $999,999

Each Occurrence and Aggregate Limit $1,000,000

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

$3,000,000

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

$5,000,000

Contracts Over $5,000,000

$10,000,000

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

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

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

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

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

• Gwinnett County Board of Commissioners shall be Additional Insureds.

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

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

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

VENDOR INSURANCE REQUIREMENTS 3

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

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

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

Property Insurance:

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s work.

Contractor agrees to waive its rights of recovery and cause its insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Riggers Liability Insurance:

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

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

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

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

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

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

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

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

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

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

D. Certificate Holder should read:

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

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-7 or higher.

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

F. Insurance companies providing coverage should be licensed, and authorized to do business by the Office of the Insurance and Safety Fire Commissioner of Georgia ("Insurance Commissioner"), with the exception of non- admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner. All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non- resident.

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

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

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

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

K. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County.

The ACORD Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

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

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

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

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

O. Compliance by the Contractor and Subcontractors with the foregoing insurance requirements shall not relieve the Contractor and Subcontractors of liability under the Contract and any applicable law.

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.

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

LISTING.

BL058-26

Buyer Initials: MM

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

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES │

PURCHASING

GENERAL INSTRUCTIONS FOR

VENDORS, TERMS AND CONDITIONS

General Instructions for Vendors Page 7

***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 VERSUS 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 OR 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.

PURCHASING

General Instructions for Vendors Page 8

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 only have 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.

PURCHASING

General Instructions for Vendors Page 9

III. EXPLANATION TO VENDORS

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

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

PURCHASING

General Instructions for Vendors Page 10 responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Vendors should contact the State of Georgia Sales Tax Division for additional information. Agreements were there is a cost-plus mark-up, mark-up will not be paid on taxes.

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

V. WITHDRAWAL DUE TO ERRORS

Vendors must give Gwinnett County 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 then 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 on 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

PURCHASING

General Instructions for Vendors Page 11 the filing for loss or damages. The invoice covering the items is not payable until items are delivered and contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

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

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED, FORMS

WILL BE PROVIDED IN THIS DOCUMENT)

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

X. DISCOUNTS

A. Time payment discounts may be considered in arriving at net prices and in award of solicitations. Offers of discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is deemed to be made for the purpose of earning the discount on the date of the County check.

XI. AWARD

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

PURCHASING

General Instructions for Vendors Page 12 submitted by, or investigation of such vendor fails to satisfy the County that such vendor is properly qualified to carry out the obligations of the contract.

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

C. The County reserves the right to make an award as deemed in its best interest, which may include awarding to a single vendor or multiple vendors; or to award the whole solicitation agreement, only part of the…