August 23, 2021

INVITATION TO BID

BL093-21

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Provision of Maintenance, Repair, and Resurfacing of Outdoor Sports Courts on an Annual Contract with Three (3) Options to Renew for the Department of Community Services.

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 September 16, 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 the website www.gwinnettcounty.com.

Questions regarding bids should be directed to Jake Scarpone, Purchasing Associate II, at jake.scarpone@gwinnettcounty.com or by calling 770-822-8722, no later than September 6, 2021. 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 contractor submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible 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.

Jake Scarpone Purchasing Associate II

JS/kk

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 10-12 References, Page 13 List of Subcontractors, Page 14 Code of Ethics Affidavit, Page 15 Contractor Affidavit & Agreement, Page http://www.gwinnettcounty.com/ mailto:jake.scarpone@gwinnettcounty.com

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Provision of Maintenance, Repair, and Resurfacing of Outdoor Sports Courts on an Annual Contract

I. GENERAL

1. Gwinnett County Department of Community Services, Parks and Recreation Division, is seeking two (2) qualified contractors, one (1) primary contractor and one (1) secondary contractor, to maintain, repair and resurface outdoor asphalt and cushioned sports courts on an annual contract. The primary contractor will be the lowest responsive, responsible bidder and will be the main vendor for this contract. The next lowest responsive, responsible bidder will be the secondary contractor for this contract. If the primary bidder is unable to schedule maintenance, repairs, or resurfacing at a specific location within six (6) weeks of the request, the County representative may contact the secondary vendor to perform the work. If both contractors are unable to perform services within the time specified, the County may choose to assess penalties per the contract.

II. SCOPE OF WORK

The scope of work includes but is not limited to the following:

1. Work to be completed only when temperatures remain above 50 degrees for a 3 week period.

2. Remove debris and clean courts in preparation for resurfacing.

3. Heat and shave down all intrusive roots in affected areas, where applicable.

4. Fill in all cracks, regardless of size, with acrylic cement patch mix/crack filler, or approved alternate, per manufacturer’s specifications. Additionally, apply acrylic patch mix to uneven pavement seams and depressions and blend to surface.

5. Install crack repair system over all filled in cracks.

6. Provide diagrams, photos, and documentation of court conditions before and after repairs are made.

7. Apply one coat of acrylic resurfacer per the manufacturer’s recommendations

8. Apply multiple coats (minimum of two coats) of acrylic playing surface per the manufacturer’s recommendation

9. Color to be U.S. Open Blue and U.S. Open Green (see attached photo).

10. Prime all playing lines prior to painting. Paint/stripe regulation size tennis, Pickleball, and/or basketball courts using two coats of texturized line paint, per manufacturer’s recommendation. Color to be determined by County Representative.

11. For tennis courts only: Remove existing nets, paint the existing net posts, and rehang existing or new nets. NOTE: County Representative will provide replacement nets, if needed.

12. Specific tennis court locations may require Pickleball court conversion or overlay determined by County Representative. Pickleball court overlay will consist of two (2) Pickleball courts per one (1) tennis court or one (1) Pickleball court per tennis court. Pickleball lines shall be light blue in color. See attached diagrams.

13. Clean the entire work site thoroughly and haul debris off of premises, according to Environmental Protection Agency (EPA) regulations.

III. MATERIALS

1. Crack Filler: Crack filler must be compatible with the resurfacing materials and process and warranted for one year from the date of acceptance of all work.

2. Crack Repair System: Install a crack repair system over filled cracks with two (2) layers of material over the crack and a minimum width of 29” or an approved alternate.

3. Resurfacer: Acrylic resurfacer or approved alternate must be compatible with the resurfacing materials and process.

4. Playing Surface: acrylic playing surface or approved alternate.

5. Prime Playing Lines: Primer must be compatible with the resurfacing materials.

6. Paint Playing Lines: Textured white line paint.

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7. NOTE: All materials require submittals documenting manufacturer’s specifications, applications, etc. The County Representative will determine if alternate materials are acceptable.

IV. SPECIFICATIONS

1. Contractor should verify all site conditions of the work to be done at each court location prior to submitting a bid.

2. Contractor(s) for this contract should have a minimum of five (5) years recent experience

(2016-2021) performing work of a similar size and scope as stated under the Scope of Work (i.e. resurfacing asphalt outdoor tennis and basketball courts, shaving protruding roots, crack repair, etc.) and include references to verify this experience.

3. All work shall comply with applicable Local, State, and Federal codes.

4. The contractor is responsible for locating all utilities and taking necessary precautions to protect them.

5. Any damage to County property, grounds, or structures, made by the contractor will be the responsibility of the contractor to repair to the satisfaction of and at no cost to the County.

All contractors doing work on behalf of Gwinnett County are responsible for any damage they do to private property.

6. The contractor shall schedule and sequence work in coordination with the County representative. Site access, parking, material storage, and stockpile areas shall be in accordance with the County’s requirements. Temporary provisions may include, but are not limited to barricades, gate locks, and other necessary measures to accomplish the work.

7. Contractor shall take precautions to prevent public access to the construction site, materials, and equipment. Safety is a priority.

8. Construction site shall be cleared of debris daily.

9. All materials removed from and not reused or turned over to the County must be disposed of legally off-site.

10. The contractor is to adhere to manufacturer's recommended application, installation, and intended use of products.

11. Protection: Protect adjacent curbs, walks, fences, and other structures or items from receiving color coat or resurfacer. Barricade and lock areas until coating has dried sufficiently for foot traffic and play. Contractor will provide their own lock. NOTE: County representative will post signs stating the courts are closed for resurfacing.

12. Cleaning: Thoroughly clean surface to be coated to remove all foreign debris 9dirt, silt, gravel, leaves, etc.) using mechanically powered forced air sweepers, mechanical street sweepers, steel bristle brooms, and/or high-pressure water. If fungus is present, se a two (2) percent sodium hypochlorite solution to clean the affected areas. Rinse thoroughly.

13. After all intrusive roots have been heated and shaved down, contractor must schedule meeting with County representative to verify conditions before proceeding any further.

14. Apply acrylic resurfacer, or approved alternate, uniformly over entire court surface per manufacturer’s specifications. Acrylic resurfacer, or approved alternate, must be stirred thoroughly before application. Air temperature must be a minimum of 50 degrees and rising before application. DO NOT apply resurfacer when rain is imminent or forecasted.

15. Allow adequate time between applications for prior coat to dry thoroughly before applying next coat. Comply with manufacturer’s recommended cure times when applying secondary and final color coats.

16. NOTE: Sand should be added to paint at a MAXIMUM 4 lbs. of sand per one (1) gallon of paint.

17. Upon completion of final coat, keep foot traffic off of sealed surface. Allow final coat to cure a minimum of twenty-four (24) hours under good drying conditions. Less favorable conditions may require longer drying time.

18. Finished surface shall be free of streaks, pinholes, cracks, or uneven distribution of sand and shall have a uniform appearance.

19. The contractor must prime and place standard regulation court striping properly centered within the spaces in the existing courts. Playing lines must be accurately located and marked in accordance with the rules of the United States Tennis Association (USTA), United States

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Basketball Association (USBA), and the USA Pickleball Association (USAPA).

20. Striping: Primer and line paint must be fully compatible with the acrylic surface system and shall be manufactured for tennis court applications. All line edges shall be clean and straight without runs or irregularities. Mask all edges of lines prior to application.

21. Contractor shall provide a minimum one-year warranty on all work, materials, and labor from the date of acceptance of all work at each location.

22. Documentation regarding crack repairs, root removal, etc. must be submitted by photos and narrative. Example: Performed 10 linear feet of crack repair court #1. Include picture of the actual repair and diagram of location in court, along with court number.

23. Material Certificates:

a. For each material, submit certification of compliance with requirements of the document and referenced standard.

b. For the proposed surfacing system, submit complete technical data, installation instructions, and color chart.

c. Submit Product Data Sheets stating the coating meets ASTM and EPA standards.

24. Submittal of the following items are required and should be returned with your bid:

a. Crack Filler

b. Crack Repair System

c. Resurfacer

d. Playing Surface

e. Primer for playing lines

f. Line Paint

g. Color Chart

V. PROJECT CONDITIONS

1. Environmental Requirements: Comply with environmental requirements specified in the referenced standard for each type of construction. Adhere to the manufacturer’s recommended application, installation, and intended use of products.

VI. LINE STRIPING

1. Playing Lines: Prime all playing lines prior to painting. Base lines shall be three (3) inches wide and playing lines not more than two (2) inches wide, accurately located and marked in accordance with the rules of the United States Tennis Association (USTA), and painted with a paint recommended or approved by the manufacturer of the color coat finish material.

However, use of traffic, oil, alkyd, or solvent-vehicle type paint is prohibited. Two (2) coats shall be applied.

2. The painting shall be done by skilled technicians in a workmanship manner in accordance with the manufacturer's standard printed instructions. Prior to line paint applications, line paint tape gap filler shall be applied to reduce incidence of fuzzy lines.

3. Barricade and lock areas until coating has dried sufficiently for foot traffic and play.

VII. PREMIER COURT REQUIREMENTS

1. Gwinnett County has installed the Premier Court cushioned surface at two locations:

a. Mountain Park Park

b. Rhodes Jordan Park

2. The successful bidder must be a certified Premier Court installer in order to perform repairs/resurface the courts and maintain our 25-year warranty at these two specific locations. Proof of certification should be submitted with bid. Gwinnett County reserves the right to add or delete locations.

3. Subcontractor will be allowed for these locations, if necessary. Subcontractor must be a certified premium court installer and pre-approved by the County.

4. If the primary contractor on this contract is not certified and the secondary is, the County will request services from the secondary contractor for the premium courts.

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VIII. QUALITY ASSURANCE

1. The contractor for this work shall have a minimum of five (5) years (2016-2021) of verifiable experience in installing crack repair, heating and shaving down intrusive roots, repairing asphalt courts, court equipment, and tennis court surfacing systems, as specified within the scope of work.

IX. WARRANTY

1. Installing contractor and manufacturer shall provide a joint non-prorated warranty against all materials and workmanship for a period of one (1) year beginning at the date of acceptance of the courts resurfaced at each location. Warranty should state that color fading, chipping, cracks, alligatoring, tearing, and any other failure of the court surfacing shall be completely repaired and corrected at no cost to Gwinnett County.

X. TENTATIVE LOCATIONS FOR 2022

1. Rhodes Jordan Park (8 Premier Tennis Courts, 2 asphalt basketball courts)

100 E. Crogan Street Lawrenceville, GA 30046

2. Bogan Park (2 basketball courts) 2723 N. Bogan Road Buford, GA 30519

3. Bryson Park (3 basketball courts) 5065 Lawrenceville Hwy Lilburn, GA 30047

4. Settles Bridge Park (2 basketball courts) 380 Johnson Road Suwanee, GA 30024

5. Graves Park (2 tennis courts) 1540 Graves Road Norcross, GA 30093

XI. TENTATIVE LOCATIONS FOR 2023

1. Rock Springs Park (6 tennis courts) 550 Rock Springs Road Lawrenceville, GA 30043

2. Baycreek Park (4 tennis courts, 2 basketball courts) 175 Ozora Road Loganville, GA 30052

3. E. Robinson Park (6 tennis courts, 2 Pickleball courts) 650 Peachtree Industrial Blvd.

Sugar Hill, GA 30518

4. Collins Hill Park (3 basketball courts) 2225 Collins Hill Road

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5. Club Drive Park (2 basketball courts) 3300 Club Drive

NOTE: Locations are subject to change. Gwinnett County reserves the right to add or remove locations.

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TENNIS COURT COLORS

BASKETBALL COURT COLORS

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DIAGRAM OF ONE (1) PICKLEBALL COURT – OVERLAY – USE LIGHT BLUE COLORED LINES

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DIAGRAM OF TWO (2) PICKLEBALL COURTS – OVERLAY – USE LIGHT BLUE COLORED LINES

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FAILURE TO RETURN THIS PAGE AS PART OF BID DOCUMENT MAY RESULT IN BID BEING REJECTED.

BID SCHEDULE

NOTE: Annual quantities are based on resurfacing approximately 20 courts per year.

Company Name

Item Approx.

Annual Qty. Description Unit Price Total Price

1. 56,000 sq. ft. Pressure wash and/or clean hard surface courts (per

sq. ft.) $ $

2. 5,600 ln. ft. Heat and shave down protruding roots (per linear ft.) $ $

3. 5,600 ln. ft. Apply crack filler (per linear ft.) $ $

4. 5,000 ln. ft. Install crack repair System (per linear ft.) $ $

5. 56,000 sq. ft. Apply resurfacer (per sq. ft. / 1 coat) $ $

6. 112,000 sq.

ft. Apply playing surface (per sq. ft. / 1 coat) $ $

7. 13,000 ln. ft. Stripe regulation size tennis, pickleball and/or basketball courts $ $

8. 40 each Paint existing net posts $ $

9. 5,000 sq. ft.

Patch asphalt court / uneven pavement seams / depressions and blend to surface using acrylic cement patch mix (per sq. ft.)

10. 40 hours Install new nets, posts, scorekeepers, windscreens, etc.

(miscellaneous hourly labor) $ $

11. 500 ln. ft. Crack fill / touch up, for crack repairs only including crack repair system (per linear ft.) $ $

12. $1,000.00 % mark-up on miscellaneous materials not to exceed 15% % $

Bid Total $

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BID SCHEDULE CONTINUED

Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive. Contract to begin upon award.

Unless otherwise noted, quoted prices will remain firm for three (3) 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

• 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

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

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

Addendum No. Date Addendum No. Date

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BID SCHEDULE CONTINUED

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 bid schedule. By submission of this bid, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

Legal Business Name

Federal Tax ID

Address

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

Representative Signature

Printed Name

Telephone Number Fax Number

E-mail address

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

Telephone Number Fax Number

E-mail address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

BL093-21 Page 13

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 within the past five (5) years.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

BL093-21 Page 14

GWINNETT COUNTY, GEORGIA

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS

TYPE OF WORK

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BL093-21 Provision of Maintenance, Repair, and Resurfacing of Outdoor Sports Courts 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

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BL093-21 Provision of Maintenance, Repair, and Resurfacing of Outdoor Sports Courts on an Annual Contract

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: ______________________

BL093-21 Page 17

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

LISTING.

Buyer Initials: JS

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

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STANDARD 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. 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.

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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.

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***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.

BL093-21 Page 21

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).

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

BL093-21 Page 22 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

BL093-21 Page 23 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

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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

BL093-21 Page 25 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. 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

BL093-21 Page 26 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…