November 02, 2022

INVITATION TO BID

BL080-22

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified suppliers for the Purchase of Liquid Magnesium Hydroxide Slurry on an Annual Contract with four (4) options to renew for the Department of Water Resources.

Bid Submittal Date and Location:

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 November 21, 2022, 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 the website www.gwinnettcounty.com.

Instructions on Submitting Questions:

Questions regarding bids should be directed to Brittany Bryant, Purchasing Associate II, at Brittany.Bryant@GwinnettCounty.com or by calling 770-822-7759, no later than 3:00PM on November 15, 2022. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

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

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

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

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

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

Brittany Bryant Brittany Bryant Purchasing Associate II

The following pages should be returned in duplicate as your bid: Compliance Sheets, Pages 3-6 Bid Schedule, Page 7-8 References, Page 9 Documentation of Origin, Page 10

Code of Ethics, Page 11 http://www.gwinnettcounty.com/ mailto:Brittany.Bryant@GwinnettCounty.com

BL080-22 PAGE 2

I. SCOPE

The intent of this contract is to obtain pricing for Liquid Magnesium Hydroxide Slurry on an Annual Contract. Pricing may be submitted for a twelve-month contract with four (4) additional one-year periods.

II. REQUIREMENTS

A. Quantities listed are estimated based on historical usage and no guarantee as to amounts to be purchased is implied.

B. Gwinnett County will order product on an “as-needed” basis.

C. Price shall be F.O.B. destination pre-paid and allowed delivered to various county delivery addresses. Gwinnett County reserves the right to add or remove locations within Gwinnett County in addition to those locations listed in the compliance sheet below.

D. Delivery:

1. Clean up of spills that occur during delivery shall be the responsibility of the supplier.

2. Only quantities specifically ordered for each location will be accepted due to storage vessel size or other on- site limitations.

3. No partial deliveries will be accepted without prior approval.

4. Each delivery must be signed by an attendant at the delivery site. Each delivery ticket must reflect the actual amount of product delivered at that site. It is the supplier’s responsibility to measure the amount being delivered to each location. Each location must be invoiced separately.

5. If the bulk delivery truck's prior content was a chemical other than the one to be delivered, thoroughly clean out the truck's tank(s) and verify that no cross-contamination has occurred.

E. Compliance Sheet - Each numbered specification line item contains a field for “Comply” and one for “Exception”. Check the “Comply” field if the specification WILL BE complied with, without any exceptions. Check the “Exception” field if the specification WILL NOT BE complied with and provide an attached explanation of the requested exception. Exceptions will be evaluated by Gwinnett County staff and may be cause for rejection of the quote if the exception will cause a performance issue or other unacceptable condition in the opinion of Gwinnett County.

F. Per specification 4.5, the supplier shall confirm the physical properties and technical requirements of the liquid magnesium hydroxide slurry by providing a written analysis performed by an independent and certified US laboratory. This analysis should be provided with the bid at the time of bid submittal. Suppliers are strongly encouraged to send samples to laboratory as soon as possible, to ensure analytical results are available for submittal with the bid.

G. If supplier is unable to locate a laboratory to perform the required testing, please contact

Brittany Bryant at Brittany.Bryant@GwinnettCounty.com.

mailto:Brittany.Bryant@GwinnettCounty.com

BL080-22 PAGE 3

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

COMPLIANCE SHEET

Liquid Magnesium Hydroxide Slurry Comply Exception

1 Standards and Certifications

1.1

The supplier should submit a documentation of origin with their bid. The documentation of origin should include a written confirmation that the liquid magnesium hydroxide slurry manufacturing process uses either highly reactive calcined magnesium oxide, or highly reactive magnesium chloride brine. It should also include the written street address, town, zip code, contact name and contact name telephone number for each of the manufacturing location(s).

1.2 Liquid magnesium hydroxide slurry produced or derived from uncalcined brucite, uncalcined dolomite, dolime, brucite marble, or any caustic-enhanced or lime/calcium carbonate-enhanced versions of the former are not compliant with this bid and will not be accepted.

1.3 The supplier should provide with the bid, an affidavit from the manufacturer guaranteeing adequate supply and inventory of material from multiple manufacturing and/or distribution locations.

1.4

The supplier should submit with their bid a minimum of three (3) municipal wastewater references, of similar scope and supply, within the United States to whom they currently supply liquid magnesium hydroxide slurry derived from highly reactive calcined magnesium oxide, or highly reactive magnesium chloride brine including:

a. Name and address of the facility

b. Contact person and contact phone number

c. Quantity of product delivered

d. Objective/scope of application of product

Delivery Locations and Projected Annual Quantities *Gwinnett County reserves the right to add or remove locations within Gwinnett County in addition to those locations listed below.

2.1 Crooked Creek WRF 1,295,000 dry lbs. of Mg(OH)2

2.2 Alcovy River PS 910,000 dry lbs. of Mg(OH)2

2.3 Beaver Ruin PS 1,575,000 dry lbs. of Mg(OH)2

2.4 Patterson PS 280,000 dry lbs. of Mg(OH)2

SUPPLIER NAME_______________________________________________________________________________________________________________________

BL080-22 PAGE 4

Liquid Magnesium Hydroxide Slurry Continued Comply Exception

3 Material Specifications

3.1

The supplier shall at a minimum meet the Material specifications in the below table:

Typical Maximum Minimum

Slurry Basis

Mg(OH)2 contained lbs./gal 7.4 8 7

Dry Solids Basis

Mg(OH)2, wt% 95

CaO, wt% 0.6 4

SiO2, wt% 0.5 3

Fe2O3, wt% 0.5 0.8

Median Particle Size, Micron 3 15 1

Lbs. Alkalinity as CACO3/Gallon 12 14 10

% Passing 325 Mesh Sieve 99.6 100 99

Physical Properties

Density, lbs./gal 12

Solids, Weight Percent % 59 62 56

4 Supplier Requirements

4.1 The supplier shall deliver the liquid magnesium hydroxide slurry in bulk by truck, by manufacturer's tanker, manufacturer's select carrier tanker or a certified food grade carrier. The truck vessel/s shall be thoroughly flushed prior to filling with liquid magnesium hydroxide slurry to prevent contamination of the product.

4.2

After order placement, product to be delivered within 72 hours or a mutually agreed to delivery schedule. The supplier shall notify GCDWR and provide a Certificate of Analysis (COA) 24 hours in advance of any shipment.

The COA shall list the volume delivered (gallons), wet weight of Mg(OH)2 (lbs.) delivered, percent total solids, dry weight of Mg(OH)2 delivered, Mg(OH)2 contained lb./gal on a slurry basis, density (lbs./gal) and pH of the delivered load. No additional payment shall be made for shipments to multiple locations or for shipments that do not deliver a full tankerload of material.

4.3 Comply with USDOT FMCSA Regulations for transport of hazardous materials.

SUPPLIER NAME ______________________________________________________________________________________________________________

BL080-22 PAGE 5

4.4 Bid as U.S. dollars per 100 dry pounds of Magnesium Hydroxide (Mg(OH)2), rounded up to two (2) decimal places. If unit price bid exceeds two (2) decimal places, the bid amount will be rounded up to two (2) decimal places.

4.5

The supplier shall confirm the physical properties and technical requirements of the liquid magnesium hydroxide slurry (listed in Item 3.1) by providing a written analysis performed by an independent and certified US laboratory. A separate analysis shall be performed on the liquid magnesium hydroxide slurry from each facility where the product is manufactured, and the supply originates. Failure to supply this analysis will disqualify the bidder from consideration. This analysis should be provided with bid at time of bid submittal.

4.6 Allow product manufacturing plant visits by GCDWR staff for the purpose of verification of the manufacturing process and inspection of plant hygiene.

4.7

In the event the manufacturer discontinues manufacturing the product supplied, changes the manufacturing process, or manufacturing location(s), it is the supplier's responsibility to inform GCDWR 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 unit price from the bid schedule. GCDWR reserves the right to conduct lab analysis on each load delivered to verify the Certificate of Analysis and material specifications (Item 3.1).

4.8 In the event of a drop in performance, or product consistency, GCDWR may request an additional written analysis be performed by an independent and certified US laboratory. Failure to do so may result in termination of the annual contract.

5 Testing, Verification & Payment

5.1 Confirmation that the product meets the required physical properties and technical requirements (Item 3.1) will be confirmed by the independent testing, certified analysis (Item 4.5) and Certificate of Analyses (COA) (Item 4.2).

5.2 GCDWR may conduct additional sieve analysis and other analyses and may conduct manufacturing plant visits at its discretion.

SUPPLIER NAME ____________________________________________________________________________________________________________________

BL080-22 PAGE 6

5.3

Payment for deliveries meeting material specifications (Item 3.1) is based on the unit price from the bid schedule for a “contract minimum concentration” of 7 dry lbs./gal Mg(OH)2. The supplier may submit an alternate contract minimum concentration greater than 7 dry lbs./gal Mg(OH)2, with documentation that demonstrates the designated manufacturing and distribution location(s) consistently meets or exceeds the proposed concentration. If the proposed alternate contract minimum concentration is accepted by Gwinnett County, this alternate concentration will become the “contract minimum concentration.”

The contract minimum concentration shall not increase or decrease for the duration of this contract. The unit price is not variable and will not fluctuate if the delivered slurry contains magnesium hydroxide at concentrations greater than the contract minimum concentration. Payment will not be made if the delivered slurry contains magnesium hydroxide below the contract minimum concentration. Supplier should indicate contract minimum concentration on bid.

5.4

Payment will be determined by weighing each truck upon arrival on-site (or on a certified scale off-site) and after offloading, to verify the wet weight of Mg(OH)2 slurry delivered (lbs.). The wet weight of Mg(OH)2 slurry delivered (lbs.) shall be divided by the density (lbs./gal) to calculate the volume of Mg(OH)2 slurry delivered (gal). The volume of Mg(OH)2 slurry delivered shall then be multiplied by contract minimum concentration of Mg(OH)2 and the unit price ($/100 dry lbs. of Mg(OH)2).

Payment Formula:

𝑃𝑎𝑦𝑚𝑒𝑛𝑡 ($) =

𝑊𝑒𝑡 𝑊𝑒𝑖𝑔ℎ𝑡 (𝑙𝑏𝑠)

𝐷𝑒𝑛𝑠𝑖𝑡𝑦 (𝑙𝑏𝑠 /𝑔𝑎𝑙) 𝑥

𝐶𝑜𝑛𝑡𝑟𝑎𝑐𝑡 𝑀𝑖𝑛. 𝐶𝑜𝑛𝑐𝑒𝑛𝑡𝑟𝑎𝑡𝑖𝑜𝑛 (𝑑𝑟𝑦 𝑙𝑏𝑠/𝑔𝑎𝑙 )

100 𝑑𝑟𝑦 𝑙𝑏𝑠 𝑥 𝑈𝑛𝑖𝑡 𝑃𝑟𝑖𝑐𝑒 ( $/100 𝑑𝑟𝑦 𝑙𝑏𝑠. 𝑜𝑓 Mg(OH)2)

5.5 Within the invoice, the supplier shall include the Certificate of Analysis (COA) (Item 4.2), a Bill of Lading with certified weights, and the invoice calculation.

SUPPLIER NAME ____________________________________________________________________________________________________________________

BL080-22 PAGE 7

BID SCHEDULE

Description Approx.

Annual Qty.

Delivery

A.R.O

Contract Minimum

Concentration* Unit Price TOTAL

Liquid Magnesium Hydroxide Slurry per attached specifications

4,060,000

DRY LBS.

Dry lbs./gal Mg(OH)2

100 dry lbs. of

Mg(OH)2.

Note: *Use 7.0 lbs/gal for Contract Minimum Concentration unless supplier is proposing a higher Contract Minimum Concentration per Specification Item 5.3.

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 quote non-responsive. Contract to begin upon award.

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

Renewal Option 1: % Increase / Decrease circle one

Renewal Option 2: % Increase / Decrease circle one

Renewal Option 3: % Increase / Decrease circle one

Renewal Option 4: % Increase / Decrease circle one

Termination for Cause: The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement.

Such termination shall be without prejudice to any of the County’s rights or remedies by law.

Termination for Convenience: The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

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

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

BL080-22 PAGE 8

BID SCHEDULE CONTINUED

Legal Business Name (If your company is an LLC, you must identify all principals to include addresses and phone numbers in your submittal)

Federal Tax ID Gwinnett County Vendor Number _____________________

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

Representative Signature Printed Name

Telephone Number E-mail address

BL080-22 PAGE 9

REFERENCES

Gwinnett County requests a minimum of three (3) municipal wastewater references where work of a similar scope and supply within the United States and currently suppling liquid magnesium hydroxide slurry derived from the reactive calcined magnesium oxide or highly reactive magnesium chloride brine.

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

Address of Facility ____________________________________________________________________

Contact Person Telephone

E-Mail Address

Quantity of Product Delivered _________________________________________________________

Objective/Scope of Application of Product

2. Company Name

3. Company Name

SUPPLIER NAME _____________________________________________________________________________

BL080-22 PAGE 10

[Submitted on Supplier Letterhead]

[Supplier Name] [Supplier Point of Contact (POC)] [Address]

Subject: Documentation of Origin

To Whom It May Concern, This Letter is to Document the Origin of [Supplier’s Name] liquid magnesium hydroxide slurry for BL080-22 - Purchase of Liquid Magnesium Hydroxide Slurry on an Annual Contract.

[Supplier Name] hereby certifies that our liquid magnesium hydroxide slurry manufacturing process utilizes [highly reactive calcined magnesium oxide or highly reactive magnesium chloride brine].

[Supplier Name] hereby certifies that the liquid magnesium hydroxide slurry supplied for this contract will originate from following manufacturing location(s). The liquid magnesium hydroxide slurry samples analyzed by an independent and certified US laboratory were collected from these manufacturing locations per specification item 4.5, to demonstrate compliance with material specifications in Item 3.1 of the specification:

Location 1: Facility Name:

- Facility Address (Street Name, Town, Zip Code):

- Contact Name:

- Contract Name’s Telephone Number:

Location 2: Facility Name

- Facility Address(Street Name, Town, Zip Code):

- Contact Name:

- Contract Name’s Telephone Number:

Location 3: Facility Name

- Facility Address(Street Name, Town, Zip Code):

- Contact Name:

- Contract Name’s Telephone Number:

The person whose signature appears below is authorized to certify the items above.

Sincerely, [Signed by a company official authorized to make the commitment]

BL080-22 PAGE 11

BL080-22, Purchase of Liquid Magnesium Hydroxide Slurry on an Annual Contract

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

BL080-22 PAGE 12

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

COMMODITY LISTING.

Buyer Initials: BB

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

SUPPLIER NAME

AUTHORIZED REPRESENTATIVE

SIGNATURE

BL080-22 PAGE 13

INSURANCE REQUIREMENTS

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. Environmental Liability Insurance- $1,000,000

6. Gwinnett County Board of Commissioners should be shown as an additional insured on

General Liability, Auto Liability and Umbrella Liability policies.

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

BL080-22 PAGE 14

8. Certificate Holder should read:

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

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

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

Insurance.

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

12. The 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.

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

14. 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.

15. 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.

16. 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.

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

18. The 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

BL080-22 PAGE 15

information available from the contractor or their insurer relating to a County project will be made available to the County upon their request.

19. 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.

20. 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.

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

BL080-22 PAGE 16

***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.

BL080-22 PAGE 17

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

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

B. Each bidder shall furnish all information required by the bid form or document.

Each bidder shall sign the bid and print or type his or her name on the schedule.

The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

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

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

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

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

Failure to provide the Contractor Affidavit and Agreement with your bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

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

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

BL080-22 PAGE 18

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.

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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.

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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

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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

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provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. In the event that Gwinnett County fails to pay the contractor within sixty

(60) days of receipt of a pay requested based upon work completed or service provided pursuant to the contract, the County shall pay the contractor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The contractor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

XVI. NON-COLLUSION

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

XVII. DEFAULT

The contract may be canceled or annulled by the Purchasing Director in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms. An award may be made to the next low responsive and responsible bidder, or articles specified may be purchased on the open market similar to those so terminated.

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

XVIII.TERMINATION FOR CAUSE

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

XIX. 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.

XX. DISPUTES

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Director, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the procurement agent shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

XXI. SUBSTITUTIONS

Bidders offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their bid.

The absence of such a substitution list shall indicate that the bidder has taken no exception to the specifications contained herein.

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XXII. INELIGIBLE BIDDERS

The County may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses or other monies due to the County. Failure to respond to three (3) consecutive times for any given commodity/service may result in removal from the supplier list under that commodity/service.

XXIII. OCCUPATION TAX CERTIFICATE

Each successful bidder shall provide evidence of a valid Gwinnett County occupation tax certificate if the bidder maintains an office within the unincorporated area of Gwinnett County. Incorporated, out of County, and out of State bidders are required to provide evidence of a certificate to do business in any town, County or municipality in the State of Georgia, or as otherwise required by County ordinance or resolution.

XXIV. PURCHASING POLICY AND REVIEW COMMITTEE

The Purchasing Policy and Review Committee has been established to review purchasing procedures and make recommendations for changes; resolve problems regarding the purchasing process; make recommendations for standardization of commodities, schedule buying, qualified products list, annual contracts, supplier performance (Ineligible Source List), and other problems or requirements related to Purchasing. The Purchasing Policy & Review Committee has authority to place suppliers and contractors on the Ineligible Source List for reasons listed in Part 6, Section II of the Gwinnett County Purchasing Ordinance.

XXV. AMERICANS WITH DISABILITIES ACT

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

XXVI. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS

Alterations of County documents are strictly prohibited and will result in automatic disqualification of the firm’s solicitation response.