BL080-21 INV

BL080-21 BID SCHEDULE

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

July 21, 2021

INVITATION TO BID

BL080-21

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified supplies for the Purchase of Solids Dewatering and Thickening Polymer on an Annual Contract with four (4) additional one year options to renew for Gwinnett County 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 August 26, 2021 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

Questions regarding bids should be directed to Teresa Beecham, Purchasing Associate II, at Teresa.Beecham@GwinnettCounty.com or by calling 770-822-7788, no later than August 20, 2021. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

Successful contractor will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-5 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to 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.

Teresa Beecham Purchasing Associate II

TB

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 2-4 Requirement & Specifications Pages 5-9 Performance Evaluation, Pages 10-12 Sample of testing, Page 13 References, Page 14 Code of Ethics Affidavit, Page 15 http://www.gwinnettcounty.com/ mailto:Teresa.Beecham@GwinnettCounty.com

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

# DESCRIPTION SUPPLIER & NO.

(Circle appropriate product)

ESTIMATED USAGE

(LB/DRY TON)

UNIT PRICE

PER LB. % SLUDGE WET TONS PER DAY

B1. Thickening Polymer, bulk

# 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 _________________________________________________

Gwinnett County requires pricing (vendor/supplier mark-up) to remain firm for the duration of the initial term of this contract. Failure to hold pricing (vendor/supplier mark-up) firm for the initial term of this contract will be sufficient cause for Gwinnett County to declare the bid non-responsive.

Contract to begin upon award.

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

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

1st Renewal Period 2nd Renewal Period

3rd Renewal Period 4th Renewal Period

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

1st Renewal Period 2nd Renewal Period

3rd Renewal Period 4th Renewal Period

Certification Of Non-Collusion In Bid Preparation Signature Date In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within ninety (90) days of the date of quote opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the quote schedule. By submission of this bid, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

Legal Business Name Federal Tax ID

Complete Address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

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

Representative Signature Printed Name

Telephone Number Fax Number E-mail address

GENERAL REQUIREMENTS & SPECIFICATIONS

1. Testing A. Schedule

All suppliers should contact all the facilities and complete bench testing no later than August 13, 2021. Bench testing may begin any time before this date as well as full-scale testing. Upon completion of bench testing vendors 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. Testing will be scheduled by the plant staff. 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 August 26, 2021 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 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 Crooked Creek Water

Reclamation Facility (CCWRF) via belt presses.

2. Thickening combined primary and waste activated sludge at the F. Wayne Hill Water Resources Center (FWHWRC) via rotary drum thickeners (RDTs)

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

C. Requirements

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

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

2. The suppliers shall make arrangements with the designated facility contact listed below to schedule bench-scale testing required to identify their selected product(s) and recommended dosage(s). 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 the each of the polymer application points for full-scale testing. Notification of products proposed for full-scale testing and proposed sample delivery dates shall be submitted by each supplier to the plant superintendent and Purchasing Division along with technical sheets and material safety data sheets, 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 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 in 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 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/COMPLIANCE

1. Sludge data is based on operations from June 1st, 2020 through May 31st 2020.

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: $91.89/ton for Crooked Creek WRF

$91.89/ton for F. Wayne Hill WRC

4. Insurance: Gwinnett County requires the supplier to obtain a current certificate of insurance, per attached insurance requirements. Insurance certificate should be provided prior to award by the successful bidder.

5. 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.

6. TERMINATION FOR CONVENIENCE: The County may terminate this agreement for its convenience at any time by 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.

7. 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.

8. 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 support in the application of those 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 by 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.

BL080-21 Page 10

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:

BL080-21 Page 11

POLYMER PERFORMANCE 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:

BL080-21 Page 12

Facility Location/ Contact

Thickening/ Dewatering

Process

Average Sludge Feed %

TS

Solids Production (Data from 6/1/20 to 5/31/21 Minimum

Performance Requirements

Facility Flow Rates and Equipment Operating Ranges

(typical feed flow) Daily

Average Max Day

Crooked Creek WRF (1) Mr. Taylor Parks 6557 Plant Drive Norcross, Ga. 30092 678-376-6727 Taylor.Parks@gwinnettcounty.com

Belt Press Dewatering

1.4% (Expected 0.8-2.5%)

9.9 dry tons (2)

19.9 dry tons(2)

16% cake solids 95% capture 20 lbs/active per dry ton max

750 lb/hr/meter at 17% cake 900 lb/hr/meter at 16% cake

F. Wayne Hill WRC Mr. Tim Davis 1500 One Water Way Buford, GA 30519 678-376-6931 Timothy.Davis@gwinnettcounty.com

Centrifuge Dewatering 2.8% 52.7 dry tons

80.1 dry tons

21% cake solids 98% capture

155 to 175 gpm (2100 to 2400 lbs/hr) at 2.7% TS feed

Rotary Drum Sludge

Thickening 2.0% 133,000 lbs 276,000 lbs 6.5% TS

98% capture

180 to 200 gpm (1600 to 1900 lbs/hr) at 1.9% TS feed

1 – Crooked Creek’s belt presses are new and have been in service since May 2021.

2 – Solids production numbers for CCWRF are based on 12 months of centrifuge operation at an average of 21.1% cake solids.

mailto:Taylor.Parks@gwinnettcounty.com mailto:Timothy.Davis@gwinnettcounty.com

BL080-21 Page 13

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

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

Thickening

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

REFERENCES

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

1. COMPANY NAME

BRIEF DESCRIPTION OF PROJECT

COMPLETION DATE

CONTACT PERSON

TELEPHONE FACSIMILE

E-MAIL ADDRESS

2. COMPANY NAME

3. COMPANY NAME

SUPPLIER NAME

AUTHORIZED REPRESENTATIVE

BL080-21, Purchase of Solids Dewatering and Thickening Polymer on an Annual Contract Page 15

CODE OF ETHICS AFFIDAVIT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION)

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

1.

(Company Submitting Bid/Proposal)

2. (Please check one box below)

No information to disclose (complete only section 4 below)

Disclosed information below (complete section 3 & section 4 below)

3. (if additional space is required, please attach list)

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. Sworn to and subscribed before me this

BY: day of , 20

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent Notary Public

Title of Authorized Officer or Agent of Contractor (seal)

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

BL080-21, Purchase of Solids Dewatering and Thickening Polymer on an Annual Contract Page 16

CONTRACTOR AFFIDAVIT AND AGREEMENT

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

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

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

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

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: ___________________________

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

For Gwinnett County Use Only:

Document ID #________________

Issue Date: ___________________

Initials: ______________________

STANDARD INSURANCE REQUIREMENTS

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

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

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

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations) Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

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

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

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

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

7. Certificate Holder should read:

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

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher.

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

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

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

11. 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 the compliance with these insurance requirements.

12 All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the County.

13. 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. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

14. 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.

15. The Contractor 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.

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

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

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

19. 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.

20. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

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

BL080-21

Buyer Initials: TB

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

***ATTENTION***

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

RESPONSIVE AND AUTOMATIC REJECTION:

1. FAILURE TO USE COUNTY BID SCHEDULE.

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

3. FAILURE TO RETURN APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

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

BID.

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

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

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

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

FORMS WILL BE PROVIDED IN THIS BID DOCUMENT.

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

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

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

CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE.

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

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

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

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

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

E. Effective, July 1, 2013 and in accordance with the Georgia Illegal Immigration Reform

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

II. DELIVERY

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

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

III. EXPLANATION TO BIDDERS

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

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

IV. SUBMISSION OF BIDS

A. Bids shall be enclosed in sealed envelopes, addressed to the Gwinnett County Purchasing

Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

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

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the bidder’s request and expense if items are not destroyed by testing.

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

E. Full identification of each item bid upon, including brand name, model, catalog number, etc.

must be furnished to identify exactly what the bidder is offering. Manufacturer’s literature may be furnished.

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

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

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

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

V. WITHDRAWAL OF BID DUE TO ERRORS

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

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

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

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

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

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

VI. TESTING AND INSPECTION

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

VII. F.O.B. POINT

Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the bidder, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

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

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS

(IF REQUIRED, FORMS WILL BE PROVIDED IN THIS DOCUMENT)

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

Best rating as stated in the bid when required in the bid package or document.

X. DISCOUNTS

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

Offers of discounts for payment within ten (10) days following the end of the month are preferred.

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

XI. AWARD

A. Award will be made to the lowest responsive and responsible bidder. The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award. The County may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract.

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

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

XII. DELIVERY FAILURES

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

Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.

XIII. COUNTY FURNISHED PROPERTY

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

XIV. REJECTION AND WITHDRAWAL OF BIDS

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

XV. CONTRACT

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

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

Any Consultant as defined in O.C.G.A. §36-80-28 that is engaged to develop or draft specifications/requirements or serve in a consultative role during the procurement process for any County procurement method, , by entering into such an arrangement or executing a contract that the consultant a agrees to: (1) Avoid any appearance of impropriety and shall follow all policies and procedures of the County (2) disclose to the County, any material transaction or relationship pursuant to §36-80-28, considered a conflict of interest, any involvement in litigation or other dispute, relationship or financial interest not disclosed in the ethics affidavit, when ethics affidavit is required or such that may be discovered during the pending contract or arrangement; and (3) Acknowledge that any violation or threatened violation of the agreement may cause irreparable injury to the County, entitling the County, to seek injunctive relief in addition to all other legal remedies. This requirement does not apply to confidential economic development activities pursuant to §50-18-72 or to any development authority for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other purposes and, without limiting the generality of the foregoing, shall specifically include all authorities created pursuant to Title 36 Chapter 62; However, per provisions of subparagraph (e)(1)(B)of Code Section 36-62-5 reporting of potential conflicts of interest by development authority board members is required.

When the contractor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the contractor, 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.