BL119_25 INV.pdf

September 24, 2025

INVITATION TO BID

BL119-25

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 a Multi-Year Contract for the Department of Parks and Recreation.

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 10, 2025 at the Gwinnett County Financial Services - Purchasing Division – 4th Floor Charlotte J. Nash Building, 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 October 1, 2025. Bids are legal and binding upon the bidder when submitted.

Successful contractor(s) 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-7 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 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

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 11-16 References, Page 17 List of Subcontractors, Page 18 Code of Ethics Affidavit, Page 19 Contractor Affidavit & Agreement, Page 20 http://www.gwinnettcounty.com/ mailto:jake.scarpone@gwinnettcounty.com

BL119-25 Page 2

PROVISION OF MAINTENANCE, REPAIR, AND RESURFACING OF OUTDOOR SPORTS COURTS ON AN

ANNUAL CONTRACT

I. GENERAL

Gwinnett County Department of Parks and Recreation is seeking qualified contractor(s) to maintain, repair, and resurface outdoor sports courts on a multi-year contract. Parks and Recreation have asphalt court surfaces and two locations that have the Premier Cushioned court surface. Contractors may bid on both types of courts or one type of court. The Premier Cushioned Court surface must be repaired and resurfaced by a certified Premier Cushioned Court Contractor to maintain our 25- year warranty. If the lowest responsive and responsible bidder is not a certified Premier Cushioned Court Contractor, this contract may be awarded to multiple contractors. Gwinnett County reserves the right to award the contract in full or by section.

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

BL119-25 Page 3 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.

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, 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

BL119-25 Page 4 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 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

25. Locations are subject to change. Gwinnett County reserves the right to add or remove locations throughout the life of the contract*

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

BL119-25 Page 5 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.

VIII. QUALITY ASSURANCE

1. The contractor for this work shall have a minimum of five (5) years (2019-2024) 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. LOCATIONS

OUTDOOR COURTS

PARK TENNIS COURTS PICKLEBALL

COURTS

OUTDOOR

BASKETBALL

COURTS

Bay Creek Park 176 Ozora Road Lawrenceville, GA 30052

4 2

Best Friend Park 6224 Jimmy Carter Blvd Norcross, GA 30071

17 2

BL119-25 Page 6

PARK TENNIS COURTS PICKLEBALL

COURTS

OUTDOOR

BASKETBALL

COURTS

Bethesda Park 225 Bethesda Church Road Lawrenceville, GA 30044

Bogan Park 2723 N. Bogan Road Buford, GA 30519

Bryson Park 5075 Lawrenceville Hwy Lilburn, GA 30047

Club Drive Park 3330 Club Drive Lawrenceville, GA 30043

Collins Hill Park 2225 Collins Hill Road Lawrenceville, GA 30043

Dacula Park 205 Dacula Road Dacula, GA 30019

DeShong Park 2859 DeShong Road Stone Mountain, GA 30087

Duncan Creek Park 3700 Braselton Hwy Dacula, GA 30019

E.E. Robinson Park (Baseball) 885 Level Creek Road Sugar Hill, GA 30518

E.E. Robinson Park (Football) 650 Peachtree Industrial Blvd Sugar Hill, GA 30518

George Pierce Park 55 Buford Hwy Suwanee, GA 30024

Graves Park 1540 Graves Road Norcross, GA 30093

Jones Bridge Park 4901 E. Jones Bridge Road Peachtree Corners, GA 30092

Lucky Shoals Park 4651 Britt Road Norcross, GA 30093

2 2

Peachtree Ridge Park 3170 Suwanee Creek Road Suwanee, GA 30024

Pinckneyville Park 4758 S. Old Peachtree Road Peachtree Corners, GA 30071

Rabbit Hill Park 4

BL119-25 Page 7

COURTS

OUTDOOR

BASKETBALL

COURTS

401 Rabit Hill Road Dacula, GA 30019 Rock Springs Park 550 Rock Springs Road Lawrenceville, GA 30043

Ronald Reagan Park 2777 Five Forks Trickum Road Lawrenceville, GA 30044

Settles Bridge Park 380 Johnson Road Suwanee, GA 30024

Sweet Water Park 800 Bethesda School Road Lawrenceville, GA 30044

2 2

TOTALS 55 12 40

TOTAL # OF COURTS 107

PREMIER OUTDOOR COURTS

COURTS

OUTDOOR

BASKETBALL

COURTS

Mountain Park Park 5050 Five Forks Trickum Road Lilburn, GA 30047

Rhodes Jordan Park 100 E. Crogan Street Lawrenceville, GA 30046

6 6 2

TOTALS 12 6 2

TOTAL # OF COURTS 20

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

BL119-25 Page 8

TENNIS COURT COLORS

BASKETBALL COURT COLORS

BL119-25 Page 9

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

BL119-25 Page 10

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

BL119-25 Page 11 FAILURE TO RETURN THIS PAGE AS PART OF BID DOCUMENT MAY RESULT IN BID BEING REJECTED.

BID SCHEDULE

Company Name _____________________________________________________________________________

Item # Description

Approx Annual

Quantity (A)

Year 1 Unit Price

(B)

Year 2 Unit Price (C)

Year 3 Unit Price (D)

Year 4 Unit Price

(E)

Year 5 Unit Price (G)

Total Price [(B + C + D + E + F + G) * A]

Section A: Asphalt Courts

1.

Pressure wash and/or clean hard surface courts (per

sq. ft.)

45,675 sq.

ft. $ $ $ $ $ $

2.

Heat and shave down protruding roots (per linear ft.)

4,785 ln. ft. $ $ $ $ $ $

3. Apply crack filler (per linear ft.) 4,785 ln. ft. $ $ $ $ $ $

4.

Install crack repair System (per linear ft.)

4,350 ln. ft. $ $ $ $ $ $

5. Apply resurfacer (per sq. ft. / 1 coat)

47,850 sq.

ft. $ $ $ $ $ $

6.

Apply playing surface (per sq. ft.

/ 1 coat)

91,350 sq.

ft. $ $ $ $ $ $

7.

Stripe regulation size tennis, pickleball and/or basketball courts

10,875 ln. ft. $ $ $ $ $ $

8. Paint existing net posts 40 each $ $ $ $ $ $

9.

Patch asphalt court / uneven pavement seams / depressions and

4,089 sq. ft. $ $ $ $ $ $

BL119-25 Page 12

# Description

Approx Annual

Quantity (A)

Year 1 Unit Price

(B)

Year 2 Unit Price (C)

Year 3 Unit Price (D)

Year 4 Unit Price

(E)

Year 5 Unit Price (G)

Total Price [(B + C + D + E + F + G) * A] blend to surface using acrylic cement patch mix (per sq. ft.)

10.

Install new nets, posts, scorekeepers, windscreens, etc.

(miscellaneous hourly labor)

40 hours $ $ $ $ $ $

11.

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

500 ln. ft. $ $ $ $ $ $

12.

% mark-up on miscellaneous materials (not to exceed 15%)

$1,000.00 % % % % % $

SECTION A TOTAL $

Section B: Premier Cushioned Courts

1.

Pressure wash and/or clean hard surface courts (per

sq. ft.)

10,475 sq.

ft. $ $ $ $ $ $

BL119-25 Page 13

# Description

Approx Annual

Quantity (A)

Year 1 Unit Price

(B)

Year 2 Unit Price (C)

Year 3 Unit Price (D)

Year 4 Unit Price

(E)

Year 5 Unit Price (G)

Total Price [(B + C + D + E + F + G) * A]

2.

Heat and shave down protruding roots (per linear ft.)

1,100 ln. ft. $ $ $ $ $ $

3. Apply crack filler (per linear ft.) 1,100 ln. ft. $ $ $ $ $ $

4.

Install crack repair System (per linear ft.)

1,000 ln. ft. $ $ $ $ $ $

5. Apply resurfacer (per sq. ft. / 1 coat)

11,000 sq.

ft. $ $ $ $ $ $

6.

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

21,000 sq.

ft. $ $ $ $ $ $

7.

Stripe regulation size tennis, pickleball and/or basketball courts

2,500 ln. ft. $ $ $ $ $ $

8. Paint existing net posts 40 each $ $ $ $ $ $

9.

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

940 sq. ft. $ $ $ $ $ $

BL119-25 Page 14

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

# Description

Approx Annual

Quantity (A)

Year 1 Unit Price

(B)

Year 2 Unit Price (C)

Year 3 Unit Price (D)

Year 4 Unit Price

(E)

Year 5 Unit Price (G)

Total Price [(B + C + D + E + F + G) * A]

10.

Install new nets, posts, scorekeepers, windscreens, etc.

(miscellaneous hourly labor)

40 hours $ $ $ $ $ $

11.

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

500 ln. ft. $ $ $ $ $ $

12.

% mark-up on miscellaneous materials (not to exceed 15%)

$1,000.00 % % % % % $

SECTION B TOTAL $

OVERALL BID TOTAL (SECTION A + SECTION B) $

BL119-25 Page 15

BID SCHEDULE CONTINUED

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

Addendum No. Date Addendum No. Date

The services to be performed under this Agreement shall commence on October 23, 2025 or upon notification of award. The initial term of this Agreement shall be through December 31, 2025. This Agreement shall terminate absolutely and without further obligation on the part of the County at the close of the calendar year of execution and at the close of each succeeding calendar year of renewal, if renewed. This Agreement shall be automatically renewed upon the same terms and conditions unless the County terminates the Agreement on the day of the close of the calendar year in which it was executed or within sixty (60) days after the day of the close of the calendar year of execution or of each succeeding calendar year for which it may be renewed, for a total lifetime obligation of five (5) years. If applicable, title to any supplies, materials, equipment or other personal property shall remain in the vendor until fully paid for by the County. In addition, this Agreement will terminate immediately and absolutely when appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under the Agreement. Any obligation of the County hereunder is only for such sums payable during the calendar year of execution or each calendar year of renewal, if renewed.

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.

Company Name

BL119-25 Page 16

BID SCHEDULE CONTINUED

Certification Of Non-Collusion In Bid Preparation Signature Date

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to 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

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/

BL119-25 Page 17

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

BL119-25 Page 18

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

BLXXX-21 Page 19

BL119-25, Provision of Maintenance, Repair, and Resurfacing of Outdoor Sports Courts on an Annual Contract

CODE OF ETHICS AFFIDAVIT

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

PRIOR TO EVALUATION.

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

1. _________________________________________________________________________________________

Company Submitting Bid/Proposal

2. Please select one of the following:

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

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

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Sworn to and subscribed before me this day of , 20

Notary Public

(seal)

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

BLXXX-21 Page 20

BL119-25, 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: ______________________

BL119-25 Page 21

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

BL119-25 Page 22

VENDOR INSURANCE REQUIREMENTS

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners. The Contractor and their Subcontractor’s/vendor’s Certificates of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification, or non-renewal of any insurance policy listed on the certificate(s). Upon request, the County will be provided certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

General Aggregate (other than Prod/Comp Ops Liability) $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsement CG 20 10 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) and CG 2037 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) must be provided with your Certificate of Insurance.

• Primary and Non-Contributory Endorsement to be specified in writing

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

• Include Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

• If project or operations are within 50 ft of a railroad, Contractor is required to name the specific Railroad as an Additional Insured and provide a copy of the Additional Insured Endorsement CG2417 or its equivalent.

• In the event the General Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Automobile Liability to include:

Combined Single Limit – Each Accident $1,000,000

• Comprehensive form providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of all owned, non-owned, leased, hired, borrowed vehicles, and any other statutorily required automobile coverage.

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

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• Coverage to include loading and unloading

• Contractual Liability

Worker’s Compensation & Employer’s Liability Coverage to include:

Workers Compensation Georgia State Statutory Limits Employers Liability Bodily Injury by Accident – Each Accident $500,000 Bodily Injury by Disease – Policy Limit $500,000 Bodily Injury by Disease – Each Employee $500,000

• Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

Umbrella/Excess Liability Insurance with policy limits as determined by Contract Sums (Higher limits may be required depending on the extent of contract):

Contract Sums:

Contracts up to $999,999 Each Occurrence and Aggregate Limit $1,000,000

Contracts from $1,000,000 to $1,999,999 Each Occurrence and Aggregate Limit $3,000,000

Contracts from $2,000,000 to $4,999,999 Each Occurrence and Aggregate Limit $5,000,000

Contracts Over $5,000,000 Each Occurrence and Aggregate Limit $10,000,000

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Draw Down Feature

• Umbrella Policy must be as broad as the primary policy.

• Coverage excess over General Liability, Business Auto Liability, and Employers Liability

• In the event the Umbrella/Excess Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five

(5) years or applicable statute of limitation period following completion of the work.

• Evidence of coverage in the form of a Certificate of Insurance shall be provided to the County prior to start of work.

• Gwinnett County Board of Commissioners shall be Additional Insureds.

• Contractor shall be liable for money, securities, or other property of the County.

• Such coverage shall include an owner coverage endorsement for County and

County shall be included as a loss payee.

• Additional Insured Endorsements must be provided with the Certificate of

Insurance

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Cyber Liability Insurance (Applies if scope of work includes the storage or transfer of any County data or sensitive data (including but not limited to personally identifiable, health, or payment card data) or the related hosting of database(s) or internet site(s)):

Limit of Insurance per Claim $1,000,000 Aggregate Limit $1,000,000

The Contractor shall maintain insurance coverage for network security and privacy risks, including, but not limited to, insurance for data breach or introduction of virus or malicious codes, consumer notification, whether or not required by law, forensic investigation, public relations and crisis management and credit or identity monitoring or similar remediation services, unauthorized access, failure of security information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties allowed by law.

Property Insurance

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s work. Contractor agrees to waive its rights of recovery and cause its insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Riggers Liability Insurance.

If any work to be performed involves the rigging, lifting. lowering or moving of property or equipment, then those parties performing such work shall carry Rigger’s Liability Insurance in an amount adequate to insure against the physical loss or damage to the property or equipment in its care

Aviation Insurance. (Applies if scope of work requires the use of aircraft, including helicopters, unmanned aircraft systems (e.g., drones) and/or fixed-wing aircraft):

Maintain (or require aircraft owner or operator to maintain), and Contractor shall furnish proof of, Aircraft Liability insurance with minimum limits of $10,000,000 per occurrence for bodily injury and property damage of all aircraft.

Unmanned aircraft systems, minimum limits of $2,000,000 for bodily injury, property damage, and personal injury (including invasion of privacy) for unmanned aircraft systems, and guest voluntary settlement bodily injury coverage (for any aircraft except unmanned aircraft systems)

• Such policy shall include contractual liability covering all owned and non-owned aircraft

• If the party providing the Aircraft Liability insurance is not Contractor, then Contractor shall require such party to (a) waive any subrogation rights of recovery they and/or their insurance carriers may have against County and any other indemnified parties and (b) name County and such other parties as Additional Insureds

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• The Contractor shall (or shall require aircraft owner or operator) to hire, employ, and utilize pilots certified by the Federal Aviation Administration to operate any such aircraft.

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an Additional Insured on General Liability, Auto Liability and Umbrella Liability policies.

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

D. Certificate Holder should read:

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

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-7 or higher. Certain Workers' Comp funds may be accepted subject to the approval of the Gwinnett County Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-7 or better.

F. Insurance companies providing coverage should be licensed and authorized to do business by the Georgia with the exception of non-admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner. All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non-resident.

G. Certificates of Insurance, and any subsequent renewals, must reference each corresponding bid/contract by project name and project/bid number, if applicable.

H. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the County to verify compliance with these insurance requirements.

I. All insurance coverage required to be provided by the Contractor shall state that it is primary over any insurance program carried by the County.

J. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every subcontractor in any tier and shall require each and every subcontractor of any tier to comply with all such requirements. The Contractor agrees that if for any reason a subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

K. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as a to form and content has been filed with

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Gwinnett County. The ACORD Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the County, the Board of Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the County.

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

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

O. Compliance by the Contractor and Subcontractors with the foregoing insurance requirements shall not relieve the Contractor and Subcontractors of liability under the Contract and any applicable law.

P. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

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

R. The Contractor shall advise the County if required limits of insurance become eroded or impaired.

Surety Bonds (If Required)

All of the surety requirements will stay the same except the Surety Company must have the same rating as

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GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR VENDORS, TERMS AND CONDITIONS

***ATTENTION***

FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN SUBMITTAL BEING

DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. THE COUNTY SHALL BE THE SOLE

DETERMINANT OF TECHNICALITY VS. NON-RESPONSIVE SUBMITTAL:

1. FAILURE TO USE COUNTY FEE SCHEDULE.

2. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE

COMPLIANCE/SPECIFICATION SHEETS.

3. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

5. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN SUBMITTAL

BEING DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS

ARE NOT REQUIRED ON ALL SOLICITATIONS. BOND REQUIREMENTS ARE

CLEARLY STATED ON THE INVITATION PAGE. IF CLARIFICATION IS NEEDED,

CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION. IF BONDS

ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS SOLICITATION DOCUMENT.

6. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN

REQUIRED, MAY RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND

REJECTED. THE CONTRACTOR AFFIDAVIT AND AGREEMENT IS NOT REQUIRED

ON ALL SOLICITATIONS. IF CLARIFICATION IS NEEDED, CONTACT THE

PURCHASING ASSOCIATE LISTED IN THE INVITATION.

7. FAILURE TO PROVIDE AN ETHICS AFFIDAVIT WHEN REQUIRED, MAY RESULT IN

SUBMITTAL BEING DEEMED NON-RESPONSIVE AND REJECTED. THE ETHICS

AFFIDAVIT IS REQUIRED ON ALL FORMAL SOLICITATIONS OVER $100,000.00. IF

CLARIFICATION IS NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN

THE INVITATION.

BL119-25 Page 28

I. PREPARATION OF SUBMITTAL

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

B. Each vendor shall furnish all information required by the solicitation form or document. Each vendor shall sign the submittal and print or type his or her name on the fee schedule. The person signing the submittal should initial erasures or other changes. An authorized agent of the vendor must sign the submittal.

C. Fee schedule pricing should have only two decimal places unless otherwise stated. In the event of a calculation error in total price, the unit pricing prevails.

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

E. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the submittal but are contained for informational purposes only. If awarded, the successful vendor(s) will be required to execute these documents prior to County execution.

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

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

II. DELIVERY

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

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

III. EXPLANATION TO VENDORS

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Any explanation desired by a vendor regarding the meaning or interpretation of the solicitation, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation for a reply to reach all vendors before the deadline of the solicitation. Any information given to a prospective vendor concerning a solicitation will be furnished to all prospective vendors as an addendum to the solicitation if such information is necessary or if the lack of such information would be prejudicial to uninformed vendors. The written solicitation documents supersede any verbal or written communications between the parties. Receipt of addenda should be acknowledged in the submittal. It is the vendor’s responsibility to ensure they have all applicable addenda prior to their submittal. This may be accomplished by contacting the assigned Purchasing Associate prior to the submittal or visiting the Gwinnett County website.

IV. SUBMISSION OF FORMAL OFFERS/SUBMITTALS

A. Formal bid and proposal submittals shall be enclosed in a sealed package or envelope, addressed to the Gwinnett County Purchasing Division with the name of the vendor, the date and hour of opening and the solicitation number on the face of the package or envelope. Facsimile or emailed submittals will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

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

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County.

Unless otherwise specified, samples will be returned at the vendor’s request and expense, if items are not destroyed by testing.

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

E. Full identification of each item submitted, including brand name, model, catalog number, etc. must be furnished to identify exactly what the vendor is offering.

Manufacturer’s literature may be furnished but vendor should not submit excessive marketing material.

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

G. Unsigned submittals will not be considered except in cases where it is enclosed with other documents that have been signed. The County will determine acceptability in these cases.

H. Gwinnett County is exempt from federal excise tax and Georgia sales tax regarding goods and services purchased directly by Gwinnett County. Vendors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Vendors should contact the State of Georgia Sales Tax Division for additional information. Agreements were there is a cost-plus mark-up, mark-up will not be paid on taxes.

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

V. WITHDRAWAL DUE TO ERRORS

Vendors must give Gwinnett County Purchasing Division written notice within two (2) business days of completion of the opening stating that they wish to withdraw their submittal without penalty for an obvious clerical or calculation error. Submittal may be withdrawn from consideration if the price was substantially lower than the other submittals due solely to a mistake therein, provided pricing was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the…