BL076_25 INV.pdf

BL076-25 Page 1

June 10, 2025

INVITATION TO BID

BL076-25

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified suppliers for the Purchase of Fire Hydrants and Fire Hydrant Repair Parts on an Annual Contract with four

(4) options to renew for the Department of Water Resources.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on July 10, 2025, at the Gwinnett County Financial Services - Purchasing Division – 4th Floor Charlotte J. Nash Building, 75 Langley Drive, Lawrenceville, Georgia 30046. NOTE THAT THE PURCHASING DIVISION HAS TEMPORARILY RELOCATED. ALL BIDS MUST BE SUBMITTED AT THIS LOCATION. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on the website www.GwinnettCounty.com.

A Web-Ex pre-bid conference is scheduled for 10:00 A.M. on July 1, 2025. To access, dial +1-408-418- 9388 and enter conference ID, 23455406482##. All contractors are urged to attend. Questions regarding bids should be directed to Jordan Mitchell, Purchasing Associate II, at Jordan.Mitchell@GwinnettCounty.com or by calling 770-822-5491, no later than 3:00 PM July 2, 2025.

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

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

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

Jordan Mitchell Purchasing Associate II

The following pages should be returned in duplicate as your bid: Compliance, Page 5 Bid Schedule, Page 6-11 References, Page 12 Code of Ethics Affidavit, Page 13 http://www.gwinnettcounty.com/ mailto:Jordan.Mitchell@GwinnettCounty.com

BL076-25 Page 2

R E Q U I R E M E N T S

A. Delivery will be FOB Destination, prepaid and allowed to:

Gwinnett County Department of Water Resources Collections and Distribution 684 Winder Highway Lawrenceville, GA 30045-5012

B. All bid prices and deliveries will be awarded and accepted by the Gwinnett County Board of Commissioners as submitted. No substitution of name brands or equivalent products will be accepted after items are awarded.

C. Gwinnett County Department of Water Resources requests that all orders be delivered within 30 days of receipt of the order by the Supplier. Suppliers should state the earliest guaranteed delivery timing by each item.

D. All prices are to be calculated FOB destination, freight prepaid and allowed to delivery points throughout Gwinnett County. Freight charges and delivery fees must be included in the price. No freight charges or delivery fees will be paid by Gwinnett County.

E. Gwinnett County may, in emergency type situations, choose to pick up materials from the successful Supplier. Gwinnett County does not guarantee minimum or truckload quantities.

F. Gwinnett County is exempt from Federal Excise Tax and Georgia Sales Tax. Vendors and Contractors are responsible for Sales Tax and should contact the State of Georgia Sales Tax Division for additional information.

G. It will be the sole responsibility of the successful Supplier to make deliveries as stated in the Bid Schedule. Late deliveries by the successful Supplier may be subject to a late penalty fee.

H. A problem with a manufacturer will be cause for the successful Supplier to obtain the goods and services from another company, and to make delivery to Gwinnett County as stated in the Bid Schedule.

I. Changes in this Invitation to Bid will be written as an Addendum prior to Bid opening.

J. All materials shall meet American Water Works Association (AWWA) Specifications.

K. The estimated quantities shown on the Bid Schedule are approximate. Actual order quantities will be placed on an “as needed” basis throughout the contract period.

L. Gwinnett County reserves the right to award as a partial or a complete package on like items.

M. Gwinnett County reserves the right to request samples of items on the Bid Schedule prior to award without additional cost to the County. Samples shall be provided within five (5) business days upon request.

N. Failure to provide all information requested for items being bid on the Bid Schedule, such as manufacturer name or delivery information could result in bid being deemed non-responsive.

O. The stated manufacturer items are considered qualified products and are meant to set a standard of quality. If not stated, equivalent products may be bid. When bidding an equivalent product, attach the product specifications and any other additional information necessary to determine equivalency. If equivalent product specifications and information are not submitted, the bid may be deemed non-responsive and could be rejected.

P. All products bid for Gwinnett County must comply with these Laws and Regulations and the companies submitting bids should provide proof of the compliance with their bid. Proof of compliance must be provided by the bidder before award is made. Failure to provide this documentation may result in your bid being deemed non-responsive and automatic rejection.

BL076-25 Page 3

Q. All vendors providing non-domestic products must be pre-approved and their delivery time lines, and product must be pre-tested and approved for use in the Gwinnett County Water System.

R. Brand names are not for restrictive purposes, but to establish an acceptable level of quality and compatibility with existing products. If bidding an equivalent, state manufacturer brand name and part number. Product brochures/specifications should be submitted with your bid.

BL076-25 Page 4

FIRE HYDRANTS SPECIFICATIONS AND COMPLIANCE

Hydrants: (Sec. G1) Fire hydrants shall be manufactured in full compliance with the American Water Works Association Standard for Dry-Barrel Fire Hydrants, AWWA C502-80, and as herein amended. Hydrants shall be American American Flow Control B62B, M & H 129T, Mueller IMP-PRT2, Clow Medallion, U.S. Metropolitan 250 M-94, EJ 5CD250 or approved equivalents.

1. TYPE – Three-way, Post type, Dry Top Traffic Model with compression main valve opening against and closing in the direction of normal water flow.

2. SIZE – Internal Main Valve diameter shall be a minimum of 5-1/4 inches.

3. IDENTIFICATION – Each hydrant shall have the name of the manufacturer, the year of manufacture, and nominal valve size in legible, raised letters cast on the barrel or bonnet.

4. DRY TOP BONNET – Each hydrant shall be constructed with a moisture-proof lubricant chamber which encloses the operating threads, and which provides automatic lubrication of the threads and bearing surfaces each time the hydrant is operated. This assembly shall be comprised of a top “O” Ring that is serving as a dirt-and-moisture barrier, and a lower “O” Ring that is serving as a pressure seal.

5. OPERATING NUT – The Operating Nut shall be of regular pentagon shape, measuring 1-1/2 inches from pint to flat

- i.e., NATIONAL STANDARD, and shall open by turning counter-clockwise (left). Nozzle caps shall have the same cross-section as the operating nut and shall come with heavy duty, non-kinking chains. Chains shall be securely affixed to the hydrant upper barrel and permit free turning of the caps.

6. TRAFFIC DESIGN – The hydrant barrel sections shall connect at the ground line in a manner that will prevent damage to the hydrant when struck by a vehicle. The main valve rod sections shall be connected at the ground line by a frangible coupling. The standpipe and ground line safety construction shall be that the hydrant nozzles can be rotated to any desired position without disassembling or removing the top operating components and top section of the hydrant standpipe.

7. MAIN VALVE – The main valve shall be made of synthetic rubber and formed to fit the valve seat accurately.

8. MAIN VALVE SEAT – The main valve seat shall be of bronze, and its assembly into the hydrant shall involve bronze-to-bronze thread engagement. Two “C” Ring seals shall be provided as a positive, pressure seal between the bronze seat ring and the shoe. The valve assembly pressure seals shall be obtained without the employment to torque compressed gaskets. The hydrants shall be designed to allow the removal of all operating parts through the hydrant barrel by means of a single, lightweight disassembly wrench without excavating.

9. DRAIN – The drain mechanism shall be designed to operate automatically with the operation of the main valve and shall allow a momentary flushing of the drain ports. A minimum of two internal and two external bronze lined drain ports shall be required in the main valve assembly to drain the hydrant barrel.

10. INLET CONNECTION – Cast iron elbow shall have a 6-inch mechanical joint connection complete with accessories.

11. EXTENSIONS – Barrel Extension Sections shall be available in 6-inch increments complete with rod, extension coupling, and the necessary flanges, gaskets and bolts so that extending the hydrant can be accomplished with excavating.

12. TESTING - All fire hydrants shall be tested in strict accordance with AWWA-C502-80 at the Supplier’s expense.

Certificate of Compliance will be furnished to the County upon request.

BL076-25 PAGE 5

STATE COMPLIANCE OR MAKE NOTE OF ANY AND ALL EXCEPTIONS IN THE SPACES BELOW:

COMPANY NAME

BL076-25 PAGE 6

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

BID SCHEDULE

ITEM

# DESCRIPTION

EST.

ANNUAL

QTY

MANU.

BRAND

NAME

MANU.

STOCK NO.

DELIVERY

A.R.O. UNIT PRICE TOTAL PRICE

SECTION A – AMERICAN DARLING

1 B62B American Darling Fire Hydrant Extension, 5 ¼ X 12” with Accessory Kit or approved equivalent 15 EA $ $

2 B62B American Darling Fire Hydrant Safety Repair Kit (1986 & newer) or approved equivalent 50 EA $ $

3 B62B American Darling Fire Hydrant Operating Nut or approved equivalent 2 EA $ $

4 Mark 73 American Darling Fire Hydrant Extension, 4 ½” X 12” with Accessory Kit or approved equivalent 2 EA $ $

5 Mark 73 American Darling Fire Hydrant Operating Nut or approved equivalent 2 EA $ $

6 Mark 73 American Darling Fire Hydrant Safety Repair Kit or approved equivalent 20 EA $ $

7 Mark 73 American Darling 2 ½” Outlet or approved equivalent 1 EA $ $ 8 B62B American Darling 2 ½” Outlet or approved equivalent 1 EA $ $ 9 B62B American Darling 5 ¼” Bonnet Gasket or approved equivalent 10 EA $ $

10 Mark 73 American Darling 4 ½” Bonnet Gasket or approved equivalent 10 EA $ $

SECTION A TOTAL $

SECTION B – CLOW MEDALLION

1 Clow Medallion Fire Hydrant Extensions, 5 ¼” X 12” with Accessory Kit or approved equivalent 1 EA $ $

2 Clow Medallion Fire Hydrant Safety Repair Kits, 5 ¼” or approved equivalent 1 EA $ $

3 Clow Medallion Fire Hydrant 5 ¼” Upper Stem or approved equivalent 1 EA $ $

4 Clow Medallion 5 ¼” Fire Hydrant Main Valve Rubber or approved equivalent 5 EA $ $

5 Clow Medallion 5 ¼” Bronze Seat Ring or approved equivalent 1 EA $ $

SECTION B TOTAL $

COMPANY NAME _________________________________________________________________________________________________________

BL076-25 PAGE 7

BID SCHEDULE CONTINUED

ITEM

# DESCRIPTION

EST.

ANNUAL

QTY

MANU.

BRAND

NAME

MANU.

STOCK NO.

DELIVERY

A.R.O. UNIT PRICE TOTAL PRICE

SECTION C - KENNEDY

1 Kennedy K81A Fire Hydrant Extension 5 ¼” X 12” with Accessory Kit or approved equivalent 5 EA $ $

Kennedy K10B Fire Hydrant Extension 5 ¼” X 12” with Accessory Kit or approved equivalent 1 EA $ $

3 Kennedy K81A Fire Hydrant Safety Repair Kit, 5 ¼” or approved equivalent 5 EA $ $

Kennedy K81A Fire Hydrant 5 ¼” Main Valve Seat or approved equivalent 1 EA $ $

5 Kennedy K-11 Fire Hydrant 4 12” X 12” Extension with Accessory Kit or approved equivalent 1 EA $ $

SECTION B TOTAL $

SECTION D – M & H

1 M & H 129T 4 ½” V O Fire Hydrant Main Valve Seat or approved equivalent 5 EA $ $

2 M & H 129T V O Fire Hydrant Extension 5 ¼” X 12” with Accessory Kit or approved equivalent 20 EA $ $

3 M & H 129T Fire Hydrant Extension 5 ¼” X 12” (6-Hole Old Style) or approved equivalent 5 EA $ $

4 M & H 129T 5 ¼” V O Fire Hydrant Main Valve Rubber or approved equivalent 10 EA $ $

5 M & H 129T 5 ¼” Fire Hydrant Main Valve O-Rings or approved equivalent 1 EA $ $

6 M & H 129T 5 ¼” Fire Hydrant Safety Repair Kit or approved equivalent 40 EA $ $

7 M & H 129T 2 ½” Outlet or approved equivalent 15 EA $ $ 8 M & H 129T 4 ½” Fiber Gasket or approved equivalent 10 EA $ $ 9 M & H 129T Fire Hydrant 5 ¼” Upper Stem or approved equivalent 20 EA $ $

10 M & H Operating Nut 4 ½” 129T (New Style with Cap and Screw) or approved equivalent 1 EA $ $

11 M & H Operating Nut 4 ½” 129 (Old Style) or approved equivalent 2 EA $ $

12 M & H Operating Nut 5 ½” 129T (New Style with Cap and Screw) or approved equivalent 15 EA $ $

COMPANY NAME _________________________________________________________________________________________________________

BL076-25 PAGE 8

ITEM

# DESCRIPTION

EST.

ANNUAL

QTY

MANU.

BRAND

NAME

MANU.

STOCK NO.

DELIVERY

A.R.O. UNIT PRICE TOTAL PRICE

SECTION D – M & H CONTINUED

13 M & H Operating Nut 5 ¼” 129 (Old Style) or approved equivalent 5 EA $ $ 14 M & H Locknut Operating 129 4 ½” (old Style) or approved equivalent 2 EA $ $

15 M & H 4 ½” 1297 Fire Hydrant Safety Repair Kit or approved equivalent 12 EA $ $

16 Fire Hydrant – Rubber Main Valve M & H 4 ½” 129T VO or approved equivalent 7 EA $ $

17 M & H 5 ¼” 129T Thrust Washer or approved equivalent 50 EA $ $ 18 M & H 5 ¼” 129T Standpipe Rubber Gasket or approved equivalent 100 EA $ $

SECTION D TOTAL $

SECTION E – METROPOLITAN

1 Metropolitan 250 2 ½” Outlet or approved equivalent 5 EA $ $

Metropolitan 250 Fire Hydrant Extension, 5 ¼” X 12”, to consist of:

Standpipe Extension, Standpipe Coupling with S.S Nuts and Bolts, Extension Coupling Gasket, Rod Extension (Stem) and Extension Rod Coupling Assembly with S.S, Pins and Rings or approved equivalent

2 EA $ $

Metropolitan 250 Fire Hydrant Accessory Kit to consist of: 5 ¼” X 12” Stem, Standpipe Coupling with S.S Nuts and Bolts, Extension Coupling Gasket, Rod Extension (Stem) and Extension Rod Coupling Assembly with S.S, Pins and Rings or approved equivalent

10 EA $ $

4 Metropolitan 250 Fire Hydrant 5 ¼” Upper Stem or approved equivalent 15 EA $ $

5 Metropolitan 250 Model 94 – Extension 12” x 5 ¼” with Accessory Kit or approved equivalent 10 EA $ $

6 Metropolitan 250 Model 94 – Safety Repair Kit (658665) for 5 ¼” or approved equivalent 40 EA $ $

7 Metropolitan 250 Model 94 – Seat Ring (Part #42) for 5 ¼” or approved equivalent 5 EA $ $

8 Metropolitan 250 Model 94 – Seat Ring “O” Rings (Part #53) 5 ¼” or approved equivalent 2 EA $ $

9 Metropolitan 250 model 94 Thrust Washer 5 ¼” or approved equivalent 50 EA $ $

10 Metropolitan 250 model 94 Bonnet Seal 5 ¼” or approved equivalent 50 EA $ $

SECTION E TOTAL $

COMPANY NAME _________________________________________________________________________________________________________

BL076-25 PAGE 9

ITEM

# DESCRIPTION

EST.

ANNUAL

QTY

MANU.

BRAND

NAME

MANU.

STOCK NO.

DELIVERY

A.R.O. UNIT PRICE TOTAL PRICE

SECTION F - MUELLER

1 Mueller Fire Hydrant Extension, 5 ¼” X 12” with Accessory Kit or approved equivalent 15 EA $ $

2 Mueller Fire Hydrant Safety Repair Kits, 5 ¼” or approved equivalent 30 EA $ $ 3 Mueller Fire Hydrant Operating Nut, 5 ¼” or approved equivalent 10 EA $ $ 4 Mueller Fire Hydrant 5 ¼” Main Valve Seat or approved equivalent 5 EA $ $ 5 Mueller Fire Hydrant 5 ¼” Main Valve Rubber or approved equivalent 10 EA $ $ 6 Mueller 5 ¼” Upper Stem or approved equivalent 12 EA $ $ 7 Mueller 5 ¼” Seat “O” Rings or approved equivalent 12 EA $ $ 8 Mueller 5 ¼” Bonnet Gasket or approved equivalent 10 EA $ $ 9 Mueller 5 ¼” Thrust Washer or approved equivalent 125 EA $ $

SECTION F TOTAL $

SECTION G – EAST JORDAN

1 East Jordan 5 ¼” Collision Repair Kit or approved equivalent 1 EA $ $ 2 East Jordan 5 ¼” – 12” extension or approved equivalent 12 EA $ $ 3 East Jordan Operating Nut or approved equivalent 1 EA $ $ 4 East Jordan Upper Stem or approved equivalent 1 EA $ $ 5 East Jordan Lower Stem or approved equivalent 1 EA $ $ 6 East Jordan Brass Seat Valve or approved equivalent 1 EA $ $ 7 East Jordan Brass Seat Valve O-Ring or approved equivalent 1 EA $ $ 8 East Jordan Brass Seat Valve Rubber or approved equivalent 1 EA $ $ 9 East Jordan 2 ½” Hose Nozzle or approved equivalent 1 EA $ $

10 East Jordan 2 ½” Hose Nozzle Gasket or approved equivalent 1 EA $ $ 11 East Jordan 4 ½” Pumper Nozzle or approved equivalent 1 EA $ $ 12 East Jordan 4 ½” Pumper Nozzle Gasket or approved equivalent 1 EA $ $

SECTION G TOTAL $

SECTION H – THREE-WAY HYDRANTS (Brands listed on Bid Schedule such as American Darling, Mueller, etc.)

Three-way Fire Hydrants 2 ea, 2 ½” Hose Nozzles; 1 ea, 4 ½” Steamer Nozzle, 5 ¼” Valve Opening, 1 ½” Pentagon Nut Counterclockwise Opening to include a 4’ bury depth, Painted Silver, or approved equivalent

75 EA $ $

SECTION H TOTAL $

COMPANY NAME _________________________________________________________________________________________________________

BL076-25 PAGE 10

ITEM

# DESCRIPTION

EST.

ANNUAL

QTY

MANU.

BRAND

NAME

MANU.

STOCK NO.

DELIVERY

A.R.O. UNIT PRICE TOTAL PRICE

SECTION I - MISCELLANEOUS

1 2 ½” Caps with Chains (to Fit All Hydrants) or approved equivalent 10 EA $ $

2 4 ½” Steamer Caps with Chains (to Fit All Hydrants) or approved equivalent 10 EA $ $

3 5/8” X 4” Frangible Bolts with Nuts or approved equivalent 1 EA $ $ 4 5/8” X 2 ½” Frangible Bolts with Nuts or approved equivalent 50 EA $ $ 5 Paint – Weekend Krylon 345 (Silver)*, or approved equivalent 500 EA $ $ 6 Paint – Silver Brite Aluminum Paint Gallon or approved equivalent 100 EA $ $ 7 Grease, White Tube - Environmentally Safe or approved equivalent 500 EA $ $

SECTION I TOTAL $

OVERALL BID TOTAL (SECTIONS A-I) $

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 October 4, 2025 or upon award.

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

Option 1 Renewal _________% Increase _________% Decrease Option 2 Renewal _________% Increase _________% Decrease

Option 3 Renewal _________% Increase _________% Decrease Option 4 Renewal _________% Increase _________% Decrease

Explanation:__________________________________________________________________________________

COMPANY NAME _________________________________________________________________________________________________________

BL076-25 PAGE 11

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

Addendum No. Date Addendum No. Date

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 proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the fee schedule. By submission of this proposal, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

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.

Legal Business Name

Complete Address

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

Representative Signature

Printed Name

Telephone Number E-mail address

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

Telephone Number E-mail address

BL076-25 PAGE 12

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

BL076-25 PAGE 13

BL076-25 Purchase of Fire Hydrant and Fire Hydrant Repair Parts

CODE OF ETHICS AFFIDAVIT

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

PRIOR TO EVALUATION.

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

1. __________________________________________________________________________________________

Company Submitting Bid/Proposal

2. Please select one of the following:

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

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

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Sworn to and subscribed before me this day of , 20

Notary Public

(seal)

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

BL076-25 PAGE 14

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR VENDORS, TERMS AND CONDITIONS

***ATTENTION***

FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN SUBMITTAL BEING

DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. THE COUNTY SHALL BE THE SOLE

DETERMINANT OF TECHNICALITY VS. NON-RESPONSIVE SUBMITTAL:

1. FAILURE TO USE COUNTY QUOTE/BID/FEE SCHEDULE.

2. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE

COMPLIANCE/SPECIFICATION SHEETS.

3. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

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

BEING DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS

ARE NOT REQUIRED ON ALL SOLICITATIONS. BOND REQUIREMENTS ARE

CLEARLY STATED ON THE INVITATION PAGE. IF CLARIFICATION IS NEEDED,

CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION. IF BONDS

ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS SOLICITATION DOCUMENT.

6. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN

REQUIRED, MAY RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND

REJECTED. THE CONTRACTOR AFFIDAVIT AND AGREEMENT IS NOT REQUIRED

ON ALL SOLICITATIONS. IF CLARIFICATION IS NEEDED, CONTACT THE

PURCHASING ASSOCIATE LISTED IN THE INVITATION.

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

SUBMITTAL BEING DEEMED NON-RESPONSIVE AND REJECTED. THE ETHICS

AFFIDAVIT IS REQUIRED ON ALL FORMAL SOLICITATIONS OVER $100,000.00. IF

CLARIFICATION IS NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN

THE INVITATION.

BL076-25 PAGE 15

I. PREPARATION OF SUBMITTAL

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

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

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

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

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

F. Effective July 1, 2013 and in accordance with the Georgia Illegal Immigration Reform Enhancements for 2013, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with vendor’s submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your submittal may result in being deemed non-responsive and automatic rejection.

II. DELIVERY

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

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

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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 the Gwinnett County website.

IV. SUBMISSION OF FORMAL OFFERS/SUBMITTALS

A. Formal bid and proposal submittals shall be enclosed in a sealed package or envelope, addressed to the Gwinnett County Purchasing Division with the name of the vendor, the date and hour of opening and the solicitation number on the face of the package or envelope. Facsimile or emailed submittals will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

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

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County.

Unless otherwise specified, samples will be returned at the vendor’s request and expense, if items are not destroyed by testing.

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

E. Full identification of each item submitted, including brand name, model, catalog number, etc. must be furnished to identify exactly what the vendor is offering.

Manufacturer’s literature may be furnished but vendor should not submit excessive marketing material.

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

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

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

BL076-25 PAGE 17

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 than the other submittals due solely to a mistake therein, provided pricing was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the submittal. The unintentional arithmetic error or omission can be clearly proven through inspection of the original work papers, documents, and materials used in preparing the submittal sought to be withdrawn. The vendor’s original work papers shall be the sole acceptable evidence of error and mistake if a vendor elects to withdraw their submittal. If a quote or bid submittal is withdrawn under the authority of this provision, the lowest remaining responsive offer shall be deemed to be low bid.

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

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

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

VI. TESTING AND INSPECTION

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

VII. F.O.B. POINT

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

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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 of the vendor to perform, and the vendor shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any submittal if the evidence submitted by, or investigation of such vendor fails to satisfy the County that such vendor is properly qualified to carry out the obligations of the contract.

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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 agreement, or none of the agreement, based on its sole discretion of its best interest.

D. In the event of proposal scores rounded to the nearest whole number result in a tie score, the award will be based on lowest cost.

E. If proposal negotiations with the highest ranked firm are unsuccessful, the County may then negotiate with the second ranked firm and so on until a satisfactory agreement has been reached.

XII. DELIVERY FAILURES

Failure of a vendor 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 vendor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of the contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting vendor. Alternatively, the County may penalize the vendor 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/services 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 solicitation package.

XIV. REJECTION OF SUBMITTALS

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

XV. CONTRACT

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

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Upon receipt of a solicitation package containing a Gwinnett County “Sample Contract” as part of the requirements, it is understood that the vendor 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 vendor’s submittal. If no exceptions are stated, it is assumed that the vendor fully agrees to the provisions contained in the “Sample Contract” in its entirety.

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, the consultant agrees to abide by the current state law and: 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, that is considered a conflict of interest, any involvement in litigation or other dispute, relationship, or financial interest not disclosed in the ethics affidavit, 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.

When the vendor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the vendor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. If Gwinnett County fails to pay the vendor within sixty (60) days of receipt of a pay request based upon work completed or service provided pursuant to the contract, the County shall pay the vendor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The vendor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia.

XVI. NON-COLLUSION

Vendor declares that the submittal is not made in connection with any other vendor’s submittal for the same commodity or commodities, and that the submittal is bona fide and is in all respects fair and without collusion or fraud. An affidavit of non-collusion shall be executed by each vendor. Collusion and fraud in submittal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XVII. DEFAULT

The contract may be canceled or annulled by the Purchasing Director in whole or in part by written notice of default to the vendor upon non-performance or violation of contract terms. An award may be made to the next low responsive and responsible vendor, or the next highest scoring responsive and responsible proposer, or articles specified may be

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purchased on the open market similar to those so terminated. In either event, the defaulting vendor (or their surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the vendor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the vendor to deliver materials or services within the time stipulated on their offer, unless extended in writing by the Purchasing Director, shall constitute contract default.

XVIII. TERMINATION FOR CAUSE

The County may terminate this agreement for cause upon ten days prior written notice to the vendor of the vendor’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.

XIX. TERMINATION FOR CONVENIENCE

The County may terminate this agreement for its convenience at any time upon 30 days written notice to the vendor. In the event of the County’s termination of this agreement for convenience, the vendor 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 vendor, which shall itemize each element of performance.

XX. SUBSTITUTIONS

Vendors offering substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their offer. The absence of such a substitution list shall indicate that the vendor has taken no exception to the specifications contained herein.

XXI. INELIGIBLE VENDORS

The County may choose not to accept the offer by an individual, firm, or business who is in default on the payment of taxes, licenses, or other monies owed to the County.

Additionally, vendors or persons placed on an Ineligible Source List for reasons listed in Part 6, Section II of the Gwinnett County Purchasing Ordinance shall not be eligible to provide any commodities or services to the County during the period such person remains on the Ineligible Source List.

XXII. PENDING LITIGATION

An individual, firm, or business that has litigation pending against the County, or anyone representing a firm or business in litigation against the County, not arising out of the procurement process, will be disqualified.

XXIII. OCCUPATION TAX CERTIFICATE

Each successful vendor must have a valid Gwinnett County occupation tax certificate if the vendor maintains an office within the unincorporated area of Gwinnett County.

Incorporated, out of County, and out of State vendors are required to have any and all certificates necessary to do business in any town, County or municipality in the State of Georgia, or as otherwise required by County ordinance or resolution. Vendors may be required to provide evidence of valid certificates. Out of State vendors are required to have a certificate in the Georgia jurisdiction where they receive the most revenue.

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XXIV. PURCHASING POLICY AND REVIEW COMMITTEE

The Purchasing Policy & Review Committee has been established to review purchasing procedures and make recommendations for changes; resolve problems regarding the purchasing process; make recommendations for standardization of commodities, schedule buying, qualified products list, annual contracts, supplier performance (Ineligible Source List), and other problems or requirements related to purchasing. The Purchasing Policy & Review Committee has authority to place vendors on the Ineligible Source List for reasons listed in Part 6, Section II of the Gwinnett County Purchasing Ordinance, for a period not to exceed three (3) years.

XXV. AMERICANS WITH DISABILITIES ACT

All vendors for Gwinnett County are required to comply with all applicable sections of the Americans with Disabilities Act (ADA) as an equal opportunity employer. In compliance with the Americans with Disabilities Act (ADA), Gwinnett County provides reasonable accommodations to permit a qualified applicant with a disability to enjoy the privileges of employment equal to those employees without disabilities. Disabled individuals must satisfy job requirements for education background, employment experience, and must be able to perform those tasks that are essential to the job with or without reasonable accommodations. Any requests for the reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County should be directed to the ADA Coordinator, 75 Langley Drive, Lawrenceville, Georgia 30046, 770-822-8165.

XXVI. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS

Alterations of County documents are strictly prohibited and will result in automatic disqualification of the vendor’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may make notes to those areas, but may not materially alter any document language.

XXVII. TAX LIABILITY

Local and state governmental entities must notify vendors of their use tax liability on public works projects. Under Georgia law, private vendors are responsible for paying a use tax equal to the sales tax rate on material and equipment purchased under a governmental exemption that is incorporated into a government construction project:

excluding material and equipment provided for the installation, repair, or expansion of a public water, gas, or sewer system when the property is installed for general distribution purposes. To the extent the tangible personal property maintains its character (for example, the installation of a kitchen stove), it remains tax-exempt. However, if the installation incorporates the tangible personal property into realty (for example, the installation of sheetrock), it becomes taxable to the private vendor. See O.C.G.A. §48-8- 3(2) and O.C.G.A. §48-8-63.

XXVIII. STATE AND FEDERAL LAW REGARDING WORKER VERIFICATION

Effective July 1, 2013 State Law requires that all who enter into a contract 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) and that all who enter into a contract for public works as defined by O.C.G.A. §36-91-2(12) for the County, must satisfy the Illegal Immigration Reform

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Enhancements for 2013 in conjunction with the Federal Immigration Reform and Control Act (IRCA) of 1986, in all manner, and such are conditions of the contract.

The Purchasing Division Director with the assistance of the Internal Audit Division shall be authorized to conduct random audits of a vendor’s or subcontractors’ compliance with the Illegal Immigration Reform Enhancements for 2013 and the rules and regulations of the Georgia Department of Labor.