BL112-21 INV

September 17, 2021

INVITATION TO BID

BL112-21

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified service providers for the Maintenance and Repair of Radio Towers for 800MHz Radio System on an Annual Contract with four (4) options to renew for the Department of Information Technology 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 October 18, 2021 at the Gwinnett County Purchasing Office, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

Questions regarding bids should be directed to Dana Garland, CPPB, Purchasing Associate III at dana.garland@gwinnettcounty.com or by calling 770-822-8723, no later than 3:00 P.M. on October 8, 2021. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

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

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

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

Award will be made to the services provider 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.

Dana Garland, CPPB Purchasing Associate III

The following pages should be returned in duplicate as your bid: Bid Schedule, Page 7 References, Page 8 Personnel Experience Form(s), Page 9

Contractor Affidavit and Agreement, Page 10 Code of Ethics Affidavit, Page 11 http://www.gwinnettcounty.com/ mailto:dana.garland@gwinnettcounty.com

BL112-21 Page 2

I. INTRODUCTION

Gwinnett County is requesting bids for the Maintenance and Repair of Radio Towers and Lighting Systems on an Annual Contract with four one-year options to renew. Repair of these Radio Towers is necessary to ensure FCC and FAA Regulatory Compliance, to ensure satisfactory technical operation, and compliance with insurance requirements to include required inspections and accountability in the event of an accident.

The County needs sufficient information to determine the selected service provider has the equipment, experience, and qualifications necessary to complete the anticipated work in a professional manner.

II. SCOPE OF WORK AND REQUIREMENTS

A. Maintenance and Condition Assessment Reports and Tower Repair Requirements

The successful service provider shall provide a two-man (minimum number) team trained and qualified to ensure high quality maintenance and repairs are completed on the County’s radio communication tower sites.

The schedule for the repairs and maintenance will be agreed upon by both the successful service provider and the County. The County must be notified of any variance in the schedule 24 hours in advance and must be approved by the County.

Towers sites to be maintained are listed below. Other tower locations may be added/deleted if agreed to in writing by the authorized County representative according to the unit prices outlined in the bid document.

Location Latitude Longitude Tower Type

1. HICKORYVIEW 33-56-38 83-57-41 350 FT.

374 Hickory View Drive Guyed Tower Lawrenceville, GA 30045

2. LANIER MTN 33-50-58 84-02-20 400 FT.

2286 Highpoint Road Self-Supporting Snellville, GA 30078

3. GOSHEN SPRINGS 33-54-59 84-12-04 450 FT.

5878 Goshen Springs Road Self-Supporting Norcross, GA 30071

4. BROWN RD 33-59-19 84-04-49 460 FT.

1850 North Brown Road Self-Supporting Lawrenceville, GA 30043

5. LANIER WATER PARK 34-08-36 84-00-11 600 FT.

2601 Buford Dam Road Guyed Tower Buford, GA 30518

6. TUGGLE RD 34-05-57 83-55-02 800 FT.

3800 Tuggle Road Guyed Tower Buford, GA 30519

7. TRIBBLE MILL 33-53-59 83-54-50 600 FT.

2568 Chandler Road Guyed Tower Grayson, GA 30017

8. PD HDQTRS 33-59-14 83-58-26 200 FT.

770 Hi Hope Road Self-Supporting Lawrenceville, GA 30043

9. NORRIS LAKE 33-46-18.2 84-03-05.8 350 FT.

4663 Anderson-Livsey Lane Self-Supporting Snellville, GA 30078

BL112-21 Page 3 Location Latitude Longitude Tower Type

10. CROOKED CREEK 33-57-48.6 84-15-30.5 230 FT.

6556 Plant Drive Self-Supporting Norcross, GA 30092

B. Performance Standards

All work shall be performed in compliance with the following:

a. FCC Rules and Regulations, Part 17 – Construction, Marking and Lighting of Antenna Structures

b. FAA Advisory Circular, AC No: 70/7460-1L with Changes, Obstruction Marking and Lighting

c. TIA Standard, TIA-222-H, Structural Standard for Antenna Supporting Structures and

Antennas

d. Applicable Local Building Codes (e.g. BOCA, NEC, etc.)

e. Applicable Occupational Safety and Health Act (“OSHA”) laws, regulations and requirements, and shall assure that its officers, employees and agents, including all contractors, comply with all OSHA regulations.

The successful service provider shall be responsible for the cited regulations only with regard to maintenance and repairs of the tower structure, lighting, and appurtenances. Compliance with regard to transmitting and receiving equipment and operations shall be outside the scope of this contract.

C. Maintenance and Repair Standards Unless otherwise modified herein, repair procedures for any tower repairs proposed by the supplier shall be in accordance with the latest version of:

a. Telecommunications Industry Association (TIA) standard TIA-222-H

b. Federal Aviation Administration (FAA) Advisory Circular AC 70/7460-1L

c. FAA Specification for Obstruction Lighting Equipment Advisory Circular 150/5345-43

d. Federal Standard FED- STD-595

e. ACI/ASTM concrete standards and all applicable local codes.

D. Maintenance and Repair Stipulations Overview The County anticipates that the services requested herein typically will be provided during the normal business hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. All required maintenance and repairs shall be performed within these hours and shall be scheduled with the Gwinnett County Department of Information Technology Services. A Gwinnett County employee will be required to open and secure each tower site.

Each maintenance and repair team shall complete all required maintenance and repairs for all tower sites and provide a written report for each identifying the maintenance and repairs performed and the associated costs. The successful service provider shall also provide before maintenance and repair and after maintenance and repair color photos and a written report.

If the successful service provider cannot perform maintenance and repairs at a tower site, the issue must be documented in the report with an explanation as to why the work could not be performed.

The service provider must also provide color photos to support the written explanation.

The successful service provider must provide a sample of their standard maintenance and repair report/document. The County will review the sample with the successful service provider. If it is determined that the County requires more information that what the service provider currently provides in their standard maintenance and repair report/document, the County will work with the service provider to update the report/document to meet the County’s needs.

BL112-21 Page 4

Any parts and/or services used by the service provider shall meet or exceed the specifications of the OEM (Original Equipment Manufacturer) of the structure or equipment involved.

All maintenance and repairs shall be completed to ensure favorable review when inspected by the FAA and the FCC. Any work which fails to meet the standards of said inspections shall be corrected by the service provider at no additional cost to the County.

E. Warranty The service provider shall warrant against failure of all materials and workmanship associated with its work for five (5) years after the date of acceptance of such work by the County.

The successful service provider shall provide the County with copies of the standard manufacturer’s warranties for any new equipment and parts purchased and installed by the service provider. The service provider shall provide this warranty information with its maintenance and repair services reports.

The service provider must provide a written statement certifying that the work on each tower has been properly completed.

If any of the work is found defective or not in accordance with the service request or applicable codes and standards, the service provider shall correct warranted work promptly, at no cost to the County, after receipt of a written notice from the County to do so.

III. PERFORMANCE STANDARDS AND QUALITY ASSURANCE

A. Protection, Cleaning and Restoration of Work Sites The service provider shall keep work sites clean and free of debris. When providing services, service provider shall maintain a level of cleanliness and neatness needed for proper execution of the work. When services are complete, service provider shall clean the work site, in all areas disturbed by its activities, of rubbish, waste material and litter; remove all tools, equipment and surplus materials from the site, and remove any temporary protection and facilities installed during its services. If anything at the tower sites is inadvertently destroyed or damaged, the service provider shall replace or restore at their cost.

B. Waste Disposal

The service provider shall dispose of all waste promptly and shall comply with government regulations and other legal requirements when doing so. The service provider shall not dispose of volatile wastes such as cleaning compounds, primers and solvents in storm or sanitary drains, on pavements or in gutters, or in a manner that will contaminate soils or be harmful to plant life at the service location. At sites where removal of antennas, transmission lines or other hardware is required, prime contractor/service provider shall coordinate in advance with designated Gwinnett County personnel before removal.

C. Safety Precautions and Requirements The service provider shall take precautions to prevent fires and facilitate fire-fighting operations.

Service provider shall store flammable materials in non-combustible containers and store away from fire sources and shall remove flammable waste regularly from the work site. The service provider also shall carefully supervise operation of potential fire sources such as cutting and welding. If the successful service provider welds or torches to cut, they will be required to follow the FM Global Hot Work Program and will be provided a permit packet.

The service provider shall provide and require use of safety equipment, clothing and accessories as required by its work activities and safety regulations.

BL112-21 Page 5

IV. SERVICE PROVIDER REQUIREMENTS

A. Licenses and Certifications The service provider should provide a copy of their current business licenses and copies of certifications that qualify them to perform radio tower maintenance and repairs with their bid.

B. Prime Service Provider/Contractor The County intends to contract with a prime service provider. The service provider shall:

a. be the prime service provider (contractor) and shall be solely responsible for contractual performance.

b. be responsible for the maintenance and repairs of each tower.

c. certify that all maintenance and repairs have been completed for each tower.

In the event of any subcontracting relationships, the prime service provider will assume all responsibility for the performance of the services that are supplied by the subcontractor(s).

C. Employee Qualifications and Requirements

All employees and subcontractor(s) who will be performing tower maintenance and repairs must be certified as a Comtrain or equivalent, Authorized Climber/Rescuer and/or certified in Non- Climber Training, if applicable. Copies of current certification documents should be submitted for the successful service providers employees and subcontractor(s) prior to award.

All employees and subcontractor(s) of the successful service provider who will be performing tower maintenance and repairs must be certified in First Aid and CPR. Copies of current certification documents must be submitted to the project manager for each employee and subcontractor(s).

All employees and subcontractor(s) of the successful service provider who will be performing tower maintenance and repairs must have at least five (5) years of experience.

Service providers must complete the attached Personnel Experience form for each employee of the prime contractor/service provider and any subcontractors who will be working on this project prior to award.

D. References

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed within the last five years, complete with names, addresses, email addresses, and phone numbers identifying the contact for that reference on the attached form.

E. Insurance Requirements The service provider will be required to maintain insurance per the attached standard insurance requirements for the duration of the contract.

F. Financial Recordkeeping

The service provider is required to maintain a complete set of records, including all supporting cost documentation and service correspondence for all work performed under this agreement for the life of the contract and per the Georgia records retention act for governmental contracts.

The service provider shall provide documentation of work completed with each pay request.

Documentation is to include a copy of the written maintenance and repair certification for each tower with a description of work performed and the invoice for payment. Service provider is required to maintain a complete set of records including all supporting documentation and written correspondence for all work performed under this contract for the life of the contract plus one full year thereafter. The County reserves the right to access and to review any such records

BL112-21 Page 6 during this time period.

V. PAYMENT SCHEDULE

Gwinnett County shall provide the schedule for the repairs and maintenance to be performed based on site conditions and available funding. The service provider shall submit invoices and will be entitled to payment when repairs and maintenance for each tower are completed to the satisfaction of Gwinnett County. Acceptance will be based on the Maintenance and Repair Standards listed above.

BL112-21 Page 7

Failure to return this page as part of your bid document may result in the rejection of the bid.

Bid Schedule Note: Towers may be added and deleted throughout the contract period

ITEM #

EST.

ANNUAL

QTY (HRS)

DESCRIPTION UNIT COST TOTAL COST

1. 120 State Hourly Rate for Repairs - Normal Business Hours

2. 40 State Hourly Rate for Repairs - After Business Hours $ $

3. 80 State Hourly Rate for Maintenance $ $

4. State Percentage of Markup for Supplies/Equipment not to exceed 15% percent %

BID TOTAL $

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 November 2, 2021 or upon award.

Unless otherwise noted, quoted prices will remain firm for four (4) additional 12-month periods. If a percentage increase/decrease is a part of the renewal options, please note this in the space provided together with an explanation.

Renewal Option 1: % Increase % Decrease Explanation Renewal Option 2: % Increase % Decrease Explanation Renewal Option 3: % Increase % Decrease Explanation Renewal Option 4: % Increase % Decrease Explanation

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

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 bid opening, to furnish any or all of the items upon which prices are bid, at the price set opposite each item bid, 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

Complete Address

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

Representative Signature Printed Name

Telephone Number E-mail address

BL112-21 Page 8

FAILURE TO RETURN THIS PAGE AS PART OF 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.

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

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Company Name

BL112-21 Page 9

PERSONNEL EXPERIENCE

The County is requesting that service providers submit a list of personnel from their company and any subcontractor(s) that have the experience and certifications to perform tower maintenance and repairs. This list should clearly indicate the scope of that experience and the number of years of experience the employee has. Personnel assigned to this contract should have a minimum of five years of experience.

Please provide the following information for each employee and subcontractor(s) that will be working on this project:

EMPLOYEE NAME:

YEARS OF EXPERIENCE:

DESCRIPTION OF EXPERIENCE:

CERTIFICATIONS/CERTIFICATION EXPIRATION DATE:

EMPLOYEE NAME:

YEARS OF EXPERIENCE:

USE ADDITIONAL PAGES AS NECESSARY

Company Name

BL112-21 Page 10

BL112-20 Maintenance and Repair of Radio Towers for 800MHz Radio System 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: ______________________

BL141-15 Page 11

BL112-21 Maintenance and Repair of Radio Towers for 800MHz Radio System 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

BL112-21 Page 12

STANDARD INSURANCE REQUIREMENTS

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

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

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

(b) The following additional coverage must apply:

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

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

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

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

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

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

7. Certificate Holder should read:

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

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

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets

BL112-21 Page 13

Rev. 1/10/2020 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.

Rev. 5/19

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

COMMODITY LISTING.

BL112-21

Buyer Initials: DG

IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE BY CHECKING

ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN.

Do not offer this product or service; remove us from your bidder's list for this item only.

Specifications too "tight"; geared toward one brand or manufacturer only.

Specifications are unclear.

Unable to meet specifications

Unable to meet bond requirements

Unable to meet insurance requirements

Our schedule would not permit us to perform.

Insufficient time to respond.

Other

COMPANY NAME

AUTHORIZED REPRESENTATIVE

SIGNATURE

***ATTENTION***

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

AUTOMATIC REJECTION:

1. FAILURE TO USE COUNTY BID SCHEDULE.

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

3. FAILURE TO RETURN APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

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

RESPONSIVE BID.

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

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

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

NEED CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE. IF BONDS ARE

REQUIRED, FORMS WILL BE PROVIDED IN THIS BID DOCUMENT.

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

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

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

CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE.

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 be prejudicial to uninformed bidders. The written bid documents supersede any verbal or written communications between parties. Receipt of addendum should be acknowledged in the bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal.

IV. SUBMISSION OF BIDS

A. Bids shall be enclosed in sealed envelopes, addressed to the Gwinnett County Purchasing Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope.

Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

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

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

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

E. Full identification of each item bid upon, including brand name, model, catalog number, etc. must be furnished to identify exactly what the bidder is offering. Manufacturer’s literature may be furnished.

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

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

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

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

V. WITHDRAWAL OF BID DUE TO ERRORS

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

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

Supplier has up to forty-eight (48) hours to notify the Gwinnett County Purchasing Office of an obvious clerical error made in calculation of bid in order to withdraw a bid after bid opening. Withdrawal of bid for this reason must be done in writing within the forty-eight (48) hour period. Suppliers who fail to request withdrawal of bid by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid may not be withdrawn otherwise.

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

VI. TESTING AND INSPECTION

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

VII. F.O.B. POINT

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

VIII. PATENT INDEMNITY

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

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS

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

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

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in award of bids. Offers of discounts for payment within ten (10) days following the end of the month are preferred.

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

XI. AWARD

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

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

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

XII. DELIVERY FAILURES

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

XIII. COUNTY FURNISHED PROPERTY

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

XIV. REJECTION AND WITHDRAWAL OF BIDS

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

XV. CONTRACT

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

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

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

When the contractor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. 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…