BL076-26 Page 1 of 32

July 1, 2026

INVITATION TO BID

BL076-26

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified suppliers for the Purchase of Solids Dewatering and Thickening Polymer on an Annual Contract 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 30, 2026, at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M.

The bid opening will be virtual ONLY. To access the bid opening virtually, visit the following link:

https://teams.microsoft.com/meet/24806182039311?p=0zMtcM80gZvwckSAOG , or dial 1-323-676-6170 and enter Conference ID 893 985 038#. Apparent bid results will be available the following business day on the website www.GwinnettCounty.com.

Questions regarding bids should be directed to Anna West, Purchasing Associate II, at Anna.West@GwinnettCounty.com or by calling 770-822-7862, no later than July 22, 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 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 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.

Anna West Purchasing Associate II https://teams.microsoft.com/meet/24806182039311?p=0zMtcM80gZvwckSAOG mailto:Anna.West@GwinnettCounty.com http://www.gwinnettcounty.com/

BL076-26 Page 2 of 32

GENERAL REQUIREMENTS AND SPECIFICATIONS

TESTING:

A. Schedule All suppliers should complete bench testing and full-scale testing no later than July 22, 2026. Suppliers shall make arrangements to pick up samples at the designated facilities listed below to conduct bench-scale testing required to identify their selected product(s) and recommended dosage(s). Bench testing samples may be picked up from each facility on July 10, 2026, between 8:00 A.M. to 3:00 P.M. Upon arrival at the F. Wayne Hill Water Resources Center (FWHWRC), please ask for Chloe Crouch or Luke West to coordinate sample pick up. Upon arrival at the Crooked Creek Water Reclamation Facility (CCWRF), please ask for Cody Reece or Malcom Gavin to coordinate sample pick up. There should be no communication about this solicitation during sample pick up. All questions and communication must come through Purchasing. Please contact Anna West with any questions.

Upon completion of bench testing, suppliers should be prepared to have the product they deem most effective on site ready for full-scale testing no later than the scheduled trial date.

Scheduling requests will be processed in order of receipt and on a first request, first scheduled basis. Please reach out to schedule full-scale testing as soon as possible as each facility can only accommodate one supplier per day. There is no guarantee that time slots will be available close to the full-scale testing deadline. If you would like to schedule full-scale testing, please contact Anna West at Anna.West@GwinnettCounty.com

Full-scale testing must be completed by July 22, 2026. Suppliers who do not have product on site by the scheduled trial date will not be tested or considered. A single representative from each supplier may be present for the trial but is not required.

Bids are due in Purchasing on July 30, 2026, as stated in the bid documents. Pricing for the product tested full-scale should be included in the bid form only. Upon completion of trials the total cost will be calculated. No bonds are required for this solicitation.

B. Current Products Gwinnett County currently uses polymer for the following locations in its water reclamation facilities:

1. Dewatering waste activated sludge from aerated sludge storage tanks at the CCWRF via belt presses.

2. Thickening combined primary and waste activated sludge at the FWHWRC via rotary drum thickeners (RDTs).

3. Dewatering anaerobically digested sludge at the FWHWRC via centrifugation.

C. Requirements

Pre-approved products are Polydyne, Inc. Clarifloc SE-1748 and Clarifloc SE-1748. All other products must be submitted for performance testing as outlined in this solicitation.

Testing is mandatory and all decisions are final. Testing shall include the following:

mailto:Anna.West@GwinnettCounty.com

BL076-26 Page 3 of 32

1. Gwinnett County will consider only emulsion polymers for all applications.

2. It is the supplier’s responsibility to visit the site and conduct on-site, bench-scale testing of products to select the best product for evaluation. The supplier will also be responsible for knowing the type of polymer make-up equipment at each site to ensure their product is compatible with the existing feed equipment. Suppliers may be on-site during the full-scale performance evaluation. Gwinnett County personnel and/or their designated contractor will collect composite, test and otherwise handle all samples and equipment adjustments during the performance trials.

3. Each supplier will be required to select and submit one (1) product for each of the polymer application points for full-scale testing. Notification of products proposed for full-scale testing, proposed sample delivery dates, technical sheets, and material safety data sheets shall be submitted by each supplier to Anna West with the Purchasing Division (who will provide to DWR) , no less than four (4) calendar days prior to scheduled full-scale testing. Suppliers will provide enough dewatering polymer for full, plant-scale evaluation based on their recommended dosage. Suppliers will also be required to submit one lab sample (2 oz. minimum) of the product proposed for full-scale testing.

4. If the existing polymer feed equipment is not compatible with the supplier’s product, the supplier must supply necessary make-up/feed equipment for the trials. Suppliers will be responsible for removing both equipment and product after their trial by the specified date or face disqualification. Suppliers must also supply any equipment necessary for handling their product if selected for the annual contract. This includes any make-up equipment not owned by Gwinnett County, all piping required and all tanks. If in Gwinnett County’s opinion the incompatibility of a supplier’s product with existing equipment causes undue complication or other operational or maintenance issues, the need to use alternative feed equipment may be cause for disqualification of a product.

The supplier will supply, at no charge to Gwinnett County, enough polymer to conduct a full-scale performance evaluation. If any product provided by the supplier is not compatible with our current product, any or all cleaning or preparation of the storage tanks and/or feed system will be the responsibility of the vendor.

Any remaining sample product must be removed within seven (7) calendar days of the supplier’s last trial. Removal is to be done by the supplier at the supplier’s expense.

Each supplier will be given only data that pertains to his/her product. Comparison data will not be given nor discussed with suppliers.

5. Products that meet or exceed the minimum requirements set forth in this document, as demonstrated in the full-scale performance evaluations and specified herein, will be considered for award. Consideration of products not meeting the minimum requirements will be at the discretion of the Department of Water Resources.

6. By submitting a product for testing, the supplier acknowledges that it is able to supply this product, at the same performance quality and specifications, at the volume necessary to fulfill the terms/length of the annual contract. Lab samples will be checked against future deliveries of product to ensure performance-based standards.

The supplier will be required to produce, at the County’s request, retained samples of product batches delivered. An MSDS sheet must accompany each shipment and a

BL076-26 Page 4 of 32 certificate of analysis stating the total solids, total active solids, bulk viscosity, and dilute viscosity. Gwinnett County reserves the right to conduct lab analysis on each load delivered to verify the certificate of analysis.

In the event the supplier can no longer provide the product as bid, it is the supplier’s responsibility to inform Gwinnett County of these changes and to supply, at no additional cost to the County, a product with equal or superior performance than the product previously supplied at no more than the annual contract price.

In the event of a drop in performance without a notification of change by the supplier and with no significant changes in plant process, the sludge/polymer interaction will be documented and compared with the original sludge/polymer interaction. It will be the supplier’s responsibility to remove any polymer whose performance or specifications are deemed substandard by Gwinnett County. Failure to do so may result in termination of the annual contract.

D. Polymer Performance Trials Procedures In an effort to establish a consistent means of evaluating polymers throughout the division, the following guidelines are to be applied to each trial conducted:

1. Preparation – Only one representative from each supplier will be allowed, but not required, to be on site for the performance evaluations to direct polymer make up and recommend any process changes. The supplier’s representative will remain with the Gwinnett County representative at all times during the set up and trials. In an effort to minimize trial variations, Gwinnett County has adopted a “hands off” policy for suppliers during performance trials. Suppliers will not be allowed to handle product or make machine adjustments by themselves. Any supplier found moving polymer or making machine adjustments will be asked to leave the trial site.

2. Testing - Test methods for measuring thickened sludge dewatered cake, centrate, and feed solids concentrations will be at the discretion of the management at each facility.

The same test method will be used for each test for all trials at the facility. Both facilities use microwave testing for TSS measurement (CEM SmartMatic 6). Split samples may be arranged with the concurrence of facility management.

3. Trial Run - Centrifuge or RDT trials will allow up to 2 hours for adjustments recommended by the supplier or deemed appropriate by the evaluator when the supplier is not present. Once the process is optimized, the trial will begin and run for 4 hours. Once the trial period has started no adjustments will be allowed to the polymer, sludge or load during the trial period, unless testing shows a substantial change in feed solids or other conditions which the evaluator and the supplier’s representative agree warrants a change. In the event that a gross error in trial setup is made and the error is caught during the first two hours of the trial the supplier may recommend changes to the sludge feed, load and/or polymer and the trial restarted. (4 hour timer restarts). Only one trial restart will be allowed per Supplier, unless an additional is approved by the plant superintendent. Samples will be collected every 30 minutes and analyzed by Gwinnett County. Feed and centrate samples will be composited while cake solids and thickened sludge solids will be run individually and averaged. These results will be used in the calculation of total treatment cost. Suppliers wishing to use instruments for determining cake solids during their evaluation must bring their own instruments and equipment for use. (Any supplier testing done is for informational

BL076-26 Page 5 of 32 purposes of the supplier only. Only the results obtained through County staff with County testing equipment will be used for calculation of treatment costs).

4. Monitoring – Samples of the feed sludge, and centrate will be composited; cake samples and thickened sludge samples will be run individually, and results averaged.

Samples will be taken at thirty (30) minute intervals for RDTs and centrifuges.

Sampling points will be identified by the person overseeing the trial and these points will remain the same throughout all the trials. Visual observations of the polymer and RDT/ centrifuge performance will be noted on an evaluation form. Any considerable variances observed in the sludge quality will also be noted. Only County personnel are permitted to take, composite, test or otherwise handle the samples. Each sample will be properly identified with supplier’s name and the facility test information.

SPECIFICATIONS AND COMPLIANCE

1. Sludge data is based on operations from January 1st, 2025 through December 31st 2025.

2. All items will be ordered on an "as needed" basis by Gwinnett County.

3. Bid will be awarded on the product, which has the lowest cost per ton of sludge dewatered and its effectiveness.

The winning bid for F. Wayne Hill’s thickening polymer will be dependent on the polymer cost incurred to meet the minimum thickening and solids capture requirements.

Polymer cost ($/dry ton) = dosage (lb polymer/dry ton) x unit price ($/lb polymer)

The following formula will be used for the dewatering polymer in this evaluation process:

Total cost ($/dry ton) = polymer cost + hauling cost

Polymer cost ($/dry ton) = dosage (lb polymer/dry ton) x unit price ($/lb polymer) Hauling cost ($/dry ton) = contract hauling cost ($/wet ton)/[cake solids (%)/100]

Polymer dosage and cake solids will be determined for each product in the full-scale dewatering tests to be scheduled and performed in the near future. Polymers must meet the minimum solids capture and percent cake dryness requirements. Suppliers will be provided with data from full-scale testing of their own products.

Contract hauling costs: $140.23/ton for Crooked Creek WRF

$140.23/ton for F. Wayne Hill WRC

4. If the existing polymer feed equipment is not compatible with the supplier’s product, the supplier must supply necessary make-up/feed equipment for the testing and will be responsible for removing both the equipment and product after their trial by the specified date or face disqualification. Suppliers must also supply any equipment necessary for handling their product if selected for the price agreement. This includes all make-up equipment not owned by Gwinnett County, all piping required and all tanks.

5. In addition to providing the polymer, all polymer vendors will be required to meet the service conditions set forth in the Additional Service Requirements.

ADDITIONAL SERVICE REQUIREMENTS

Gwinnett County’s polymer suppliers are required to advise our operations staff by providing

BL076-26 Page 6 of 32 support in the application of these products.

1. On-site Services

a. Polymer supplier shall be able to provide staff for the following on-site services when requested by plant management:

i. Bench-scale testing will be performed to determine the accuracy and effectiveness of the field applications by a representative of the polymer supplier.

ii. The polymer supplier will offer practical hands-on, on-site in the field training as it relates to any process issues or applications that are being reviewed to ensure a cohesive approach is being taken to implement changes.

2. Project Development Support

a. The polymer supplier will provide to Gwinnett County any information available from its technical support staff on projects of a like fashion at any point in a project’s development. This will allow the County a stronger evaluation of all considered projects.

3. Resolution of Issues

a. Any process issues that are defined through monitoring will be resolved through an action plan as determined by Gwinnett County and the representatives of the polymer supplier.

b. The polymer supplier will work with operations staff to re-evaluate and report on the impacts to the process initiated by the changes outlined in the action plan.

BL076-26 Page 7 of 32

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

OF BID.

GWINNETT COUNTY

POLYMER PERFORMANCE EVALUATION DATA

SLUDGE THICKENING

COMPANY:

PRODUCT: COST/LB:

PLANT: F. Wayne Hill WRC OPERATOR:

DATE:

TRIAL START TIME: END TIME:

FEED SLUDGE TS (mg/L):

FILTRATE TS (mg/L):

FEED FLOW (GPM)

CAKE SOLIDS TS %:

LBS DEWATERED ((FEED TS-FILTRATE TS) x GPM x 8.34 x 1440/10^6):

POLYMER USED: GALLONS POLYMER USED: LBS

LBS OF POLYMER/DRY TON:

POLYMER COST/DRY TON:

OBSERVATIONS:

PASS: FAIL:

BL076-26 Page 8 of 32

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

POLYMER PERFROMANCE EVALUATION DATA

SOLIDS DEWATERING

COMPANY:

PRODUCT: COST/LB:

PLANT: OPERATOR:

DATE:

TRIAL START TIME: END TIME:

FEED SLUDGE TS (mg/L):

CENTRATE TS (mg/L):

SLUDGE DEWATERED (MG):

LBS DEWATERED ((FEED TS-CENTRATE TS) x MG x 8.34):

TONS DEWATERED:

CAKE TS %:

POLYMER USED: GALLONS POLYMER USED: LBS

LBS OF POLYMER/DRY TON DEWATERED:

POLYMER COST/DRY TON DEWATERED:

HAULING COST/TON:

OBSERVATIONS:

PASS: FAIL:

BL076-26 Page 9 of 32

Facility Location Crooked Creek WRF

6557 Plant Drive Norcross, GA 30092

F. Wayne Hill WRC 1500 One Water Way

Buford, GA 30519

Polymer Application

Dewatering via Belt Filter Press

Thickening via Rotary Drum

Thickener

Dewatering via Centrifuge

Feed Sludge Solids (%TS)1

1.4% - Avg 0.9% - Min 1.8% - Max

2.1% - Avg 1.2% - Min 4.1% - Max

3.1% - Avg 2.3% - Min 4.2% - Max

Typical Sludge Feed Rate per

Unit (gpm/unit) 170 to 200 250 to 300 200 to 250

Filtrate/Centrate Solids (mg/L)1

110 - Avg 4 - Min

407 - Max

113 - Avg 26 - Min

358 - Max

138 - Avg 31 - Min

267 - Max Thickened

Sludge/ Cake Solids (%)1

18.4 - Avg

12.6 - Min

21.0 - Max

7.5 - Avg

6.2 - Min

8.9 - Max

20.8 - Avg

19.3 - Min

23.1 - Max

Solids Production (dry tons/day)1

11.4 - Avg

3.6 - Min

27.2 - Max

85.5 - Avg

49.2 - Min

123.6 - Max

49.8 - Avg

4.6 - Min

72.5 - Max

Minimum Performance Requirements during Full- Scale Testing

Avg Filtrate Solids < 200 mg/L

Avg Cake Solids > 18.0%

Avg Filtrate Solids < 200 mg/L 7.0% < Avg

Thickened Sludge Solids < 9.0%

Avg Centrate Solids < 200 mg/L Avg Cake Solids >

20.0%

BL076-26 Page 10 of 32

Notification of Scheduled Delivery of Polymer Samples for Testing

Company Name

Address

City State Zip

Phone Number Fax Number

Authorized Representative

E-mail Address

FACILITY PRODUCT RECOMMENDED

DOSE

DELIVERY

DATE

Crooked Creek WRF

Dewatering

F. Wayne Hill WRC Dewatering

F. Wayne Hill WRC Thickening

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

BID SCHEDULE

Delivery will be F.O.B. to: Crooked Creek WRF F. Wayne Hill WRC

6557 Plant Drive or 1500 One Water Way Norcross, GA 30092 Buford, GA 30519

Notes: Delivery 8:00 A.M.- 4:00 P.M., Monday through Friday.

SECTION A: CROOKED CREEK WRF

ITEM # DESCRIPTION SUPPLIER & NO.

(Circle appropriate product)

ESTIMATED USAGE

(LB/DRY TON)

UNIT PRICE

PER LB.

% CAKE

DRYNESS

WET TONS PER DAY

A1.

Dewatering Polymer, bulk

SECTION B: F. WAYNE HILL WRC

ITEM

DESCRIPTION SUPPLIER & NO.

(Circle appropriate product)

ESTIMATED USAGE

(LB/DRY TON)

UNIT PRICE

PER LB.

% SLUDGE WET TONS PER DAY

B1.

Thickening Polymer, bulk

ITEM

DESCRIPTION SUPPLIER & NO.

(Circle appropriate product)

ESTIMATED USAGE

(LB/DRY TON)

UNIT PRICE

PER LB.

% CAKE

DRYNESS

WET TONS PER DAY

B2.

Dewatering Polymer, bulk

Company Name:

BL076-26 Page 12 of 32

BID SCHEDULE (CONTINUED)

Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive. Contract to begin October 19, 2026, or upon Board of Commissioners approval.

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

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.

BL076-26 Page 13 of 32

BID SCHEDULE (CONTINUED)

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 Vendors" and all documents referred to therein, if this bid is accepted by the Board of Commissioners within ninety (90) days of the date of bid 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 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 Vendors.

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

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

Telephone Number Fax Number E-mail Address https://www.gwinnettcounty.com/government/departments/financial-services/treasury

BL076-26 Page 14 of 32

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

BL076-26 Page 15 of 32

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.

BL076-26 Page 16 of 32

• 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

BL076-26 Page 17 of 32

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

BL076-26 Page 18 of 32

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.

BL076-26 Page 19 of 32

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.

BL076-26 Page 20 of 32

Bid # & Description __________________________________________________________________________

CODE OF ETHICS AFFIDAVIT

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

PRIOR TO EVALUATION.

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

1. __________________________________________________________________________________________ Company Submitting Bid/Proposal

2. Please select one of the following:

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

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

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Sworn to and subscribed before me this day of , 20

Notary Public

(seal)

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

BL076-26 Page 21 of 32

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

LISTING.

BL076-26

Buyer Initials: AW

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

BL076-26 Page 22 of 32

DEPARTMENT OF FINANCIAL SERVICES │ PURCHASING

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 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.

BL076-26 Page 23 of 32

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.

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

BL076-26 Page 24 of 32

GENERAL INSTRUCTIONS FOR VENDORS,

TERMS AND CONDITIONS

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 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 file://jacfs01/Finance$/Purchasing/Forms/BidForms/Instructions/GwinnettCounty.com

BL076-26 Page 25 of 32

GENERAL INSTRUCTIONS FOR VENDORS,

TERMS AND CONDITIONS

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 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.