BL136_26 Inv.pdf

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Attached to
BL136-26, Purchase and Installation of Guardrail and Fencing on an Annual Contract
Solicitation number
PE-77023-NONST-2027-000000819
Issued by
Gwinnett County, Georgia

About this file

This is an Invitation to Bid (BL136-26) issued by Gwinnett County Board of Commissioners for the purchase and installation of guardrail, fencing, and handrail on an annual contract with four one-year renewal options for the Department of Transportation. The solicitation requests pricing for guardrail installation (approximately 6,000 linear feet of "W" Beam and 2,000 linear feet of "T" Beam), guardrail anchorages (30 Type 1 and 50 Type 12 units), one impact attenuator unit, fencing installation (300 feet each of 4-foot, 6-foot, and 8-foot chain link fence and 300 linear feet of 4-foot woven wire fence), and ADA-compliant handrail installation and removal/replacement services (500 feet each). Bids must be submitted in duplicate in sealed containers marked with the solicitation number and company name by 2:50 p.m. local time on November 30, 2026, at the Gwinnett County Financial Services Purchasing Division, 75 Langley Drive, Lawrenceville, Georgia 30046. The bid opening will be conducted virtually at 3:00 p.m. on the same date. Prospective bidders must submit a minimum of three references for similar work completed within the last two years and are required to examine the plans, specifications, and project sites prior to bidding. The initial contract period runs from February 16, 2027, through February 15, 2028, with the option to renew for four additional one-year periods. Questions must be directed to Michael Milstein, Purchasing Associate II, by November 19, 2026.

Pricing must remain firm for the initial contract term, and bidders may propose percentage increases or decreases for the four renewal options. The contractor must perform 100 percent of guardrail, fencing, and handrail work but may subcontract temporary traffic control services to certified providers. All materials must be furnished from Georgia Department of Transportation certified sources and meet GDOT specifications. The contractor is responsible for utility location notification to the state One-Call Notification Center (811) and assumes all liability for utility damage. Additional work not covered by unit prices will be compensated on an itemized basis, including labor at bid rates, materials at actual cost plus up to 10 percent markup, and equipment at rates not exceeding those in the Rental Rate Blue Book. The contract includes provisions for shoulder construction work to support guardrail installation, including material placement, grading, seeding, mulching, and maintenance until permanent vegetation is established. Insurance requirements include Commercial General Liability with $2,000,000 general aggregate, Automobile Liability with $1,000,000 combined single limit, Workers Compensation at Georgia statutory limits, and Umbrella/Excess Liability with limits ranging from $1,000,000 to $5,000,000 depending on contract value. The County reserves the right to terminate for cause with ten days' notice or for convenience with thirty days' notice. Award will be made to the lowest responsive and responsible bidder, with apparent results available the following business day on www.GwinnettCounty.com.

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BL117-22

November 4, 2026

INVITATION TO BID

BL136-26

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Purchase and Installation of Guardrail and Fencing on an Annual Contract with four

(4) renewal options for the Department of Transportation.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL136-26# and Company Name. Bids will be received until 2:50 P.M. local time on November 30, 2026, at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M.

The bid opening will be virtual ONLY. To access the bid opening virtually, visit the following link or dial 323-676-6170 and enter Conference ID 293082204#. Apparent bid results will be available the following business day on the website www.GwinnettCounty.com.

Questions regarding bids should be directed to Michael Milstein, Purchasing Associate II, at Michael.Milstein@GwinnettCounty.com or by calling 770-822-7811, no later than November 19, 2026.

Bids are legal and binding upon the vendor when submitted. All bids should be submitted in duplicate.

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

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

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

Michael Milstein Purchasing Associate II

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 8-10 References, Page 11 Contractor Affidavit & Agreement, Page 12 Code of Ethics Affidavit, Page 13 https://teams.microsoft.com/meet/283851656625508?p=CVjedz4udr80RfkxZw mailto:Michael.Milstein@GwinnettCounty.com http://www.gwinnettcounty.com/

BL136-26 Page 2

BIDDERS ARE ADVISED TO THOROUGHLY UNDERSTAND THE GENERAL CONDITIONS AND SPECIAL PROVISIONS

PRIOR TO SUBMITTING THEIR BID.

A. QUALIFICATIONS

1. Bids will be considered only from experienced and well-equipped Contractors engaged in work of this type and magnitude.

2. Bidders may be required to submit evidence setting forth qualifications, which entitle bidder consideration as a responsible Contractor. A list of work of similar character successfully completed within the last two years may be required, giving the location, size, and listing equipment available for use on this work. Before accepting any bid, the County may require evidence of the Contractor's financial ability to successfully perform the work to be accomplished under the contract.

B. COMMUNICATION WITH GWINNETT COUNTY REPRESENTATIVES

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 without permission of 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. Violations will be reviewed by the Purchasing Director. 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.

C. RIGHTS RESERVED

1. Gwinnett County reserves the right to reject any or all bids, to waive informalities and to re-advertise. It is understood that all bids are made subject to this agreement, that Gwinnett County reserves the right to decide which bid it deems lowest and best, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed.

2. Bidders are advised to examine the Plans and Specifications (for each project throughout the contract period) carefully and to make examinations of the Site of the proposed Work as necessary to familiarize themselves with local conditions which may affect the proposed work. Bidders are also advised to inform themselves fully in regard to conditions under which the Work will be performed. Gwinnett County will not be responsible for Bidder’s errors or misjudgment, nor for any information on local conditions or general laws and regulations.

3. Any unauthorized additions, conditions, limitations, or provisions attached to the Bid may cause the bid to be deemed non-responsive and may be cause for rejection. Gwinnett County reserves the right to waive informalities.

4. Gwinnett County reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to Gwinnett County, Georgia.

D. AWARD OF CONTRACT

The contract, if awarded, will be awarded to the lowest responsive and responsible Bidder.

E. TIME

1. Time is of the essence in this project. The successful bidder will be required to commence Work within ten

(10) calendar days from award, or within ten (10) days of each site authorization letter, and must carry on with the utmost diligence in order to complete the Work at the earliest possible date.

2. The initial contract period for this contract shall be February 16, 2027 through February 15, 2028 or upon award by the Board of Commissioners with the option to renew for four (4) additional one-year periods.

F. LOCATION AND SITE

1. The Sites of the proposed Work are at the various locations within Gwinnett County, Georgia. Gwinnett County reserves the right to add and/or delete sites at a comparable rate to this contract.

2. When given a listing of sites to complete, the Contractor is advised to visit the site and address any obstructions that may exist on the sites that would delay installation of guardrail. Gwinnett County will mark sites for starting and stopping points.

BL136-26 Page 3

3. Information obtained from an officer, agent, or employee of Gwinnett County or any other person shall not affect the risks or obligations assumed by the contractor or relieve him from fulfilling any of the conditions of the Contract. The Contractor is responsible for inspecting all sites prior to construction. The failure of the Contractor to familiarize himself shall in no way relieve him from any obligation in respect to this contract.

4. The Contractor shall inspect all easements and rights-of-way to ensure that Gwinnett County has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Document. The Contractor shall comply with all stipulations contained in easements acquired by the County. The Contractor shall not be entitled to damages for the failure of the County to obtain rights-of-way.

The Contractor is responsible for the location of above- and below-ground utilities and structures, which may be affected by the Work.

G. ADDITIONAL WORK

Description: Any additional work performed by the Contractor that is not included under one of the bid unit prices in this contract will be paid for as an “extra” providing the work has been authorized in writing by the Gwinnett County Representative .

Payment: Such “extra” work shall be subject to payment as follows:

I. Labor – Shall be paid at the bid unit prices for extra work, according to each worker’s position, and will be paid to the nearest ¼ hour. Unless overtime work is specifically requested and agreed to in writing by the Gwinnett County Representative in advance, all extra labor work shall be paid at the bid regular hour rate. The bid cost shall include all items of labor, including, but not limited to: public liability and workmen compensation insurance, social security, and old age and unemployment insurance.

II. Materials – Any extra materials not covered under a bid unit price elsewhere in the contract shall be paid at the actual cost of the materials, as verified by the Contractor’s receipt of purchase, plus markup not to exceed ten percent (10%) for overhead and profit. Materials which are covered under a bid unit cost in the contract will be paid for at those bid prices.

III. Equipment (not normally required) - Charges for power tools and equipment shall not exceed the charges listed in the latest edition of “The Rental Rate Blue Book for Construction Equipment” as distributed by Primedia Information, Inc., (800-669-3282).

IV. The Contractor shall give the Gwinnett County Representative access to all accounts, bills, payrolls, and vouchers relating to any extra work. In addition, no claim for compensation for such extra work will be paid unless a written invoice fully itemized as to labor, materials, equipment, and other allowable costs, is presented to the Gwinnett County Representative within 45 days of the time the extra work was performed.

H. SHOULDER CONSTRUCTION:

1. In general, the Shoulder Construction work described herein shall be performed by the Contractor at locations directed by the Gwinnett County Representative where the existing shoulder grade and width are not adequate for guardrail installation. This work shall include preparation, construction, grading, seeding, and mulching of grass shoulders in conjunction with the guardrail installation. Unless otherwise specified, all work shall be in accordance with the Georgia Department of Transportation Standard Specifications.

2. The required procedures for Shoulder Construction shall be as follows:

I. Prior to installation of the guardrail, the Contractor shall place “Select Material-Class I or II in sufficient quantity to meet the lines and grades specified herein. Contractor will be required to provide this material from off-site and haul it to the job site, with all associated costs included in the bid unit price.

II. The material shall then be thoroughly incorporated into the existing shoulder and slope, to a depth of a least 6”, and then mixed until the materials are uniform and homogenous throughout. Any material containing roots, sticks, brush, stones greater than 2” diameter or other material which could interfere with mixing, planting and maintaining will be considered unsuitable; and must be removed by the contractor.

BL136-26 Page 4

III. Contractor shall use the material to construct a shoulder that is flush with the level of the existing edge of pavement, or top of curb, whichever is applicable. Width of shoulder to be constructed will be as directed by the Gwinnett County Representative, and will vary, depending on field conditions and type of guardrail used, but is expected to be 10 feet wide or less. Material shall be tapered down from the edge of shoulder to existing ground line at a slope no steeper than 2:1.

IV. Contractor shall then roll the constructed shoulders and slope using approved equipment, with an effort to provide stabilization while allowing penetration and growth of the seeding.

V. Following the guardrail installation, the constructed areas shall be hydroseeded, fertilized, and mulched, in accordance with Section 700 of the Georgia Department of Transportation Standard Specifications and maintained by the Contractor until sufficient permanent growth cover is established, including regarding and reseeding, if necessary, at no additional cost to Gwinnett County. In areas subject to high volumes of water runoff, the contractor will, when directed by the Gwinnett County Representative, install silt fence and/or erosion control netting to help establish vegetation. Cost of this material and its installation shall be incidental to shoulder reconstruction, with no additional compensation paid. NOTE: If the timing of the shoulder reconstruction and seeding operation is such that it is not the proper season to plant permanent grass, the Contractor shall plant temporary annual rye grass to obtain stability. The affected area must then be sown with permanent material, as required, as soon as possible during the next growing season at no additional cost to Gwinnett County.

VI. Gwinnett County reserves the right to construct any shoulders in-house as deemed practicable.

I. BIDDER'S NOTICE

Bidders are hereby notified and agree by submission of their bid that should, after award of the Contract, additional items not listed in the Bid become necessary and require unit prices not established by the Bid, that the unit prices of such items shall be negotiated and shall be directly proportional to the established unit prices of similar items in the Bid. These additional items will be added to the contract by approval of an executed Change Order form.

J. COMPLIANCE WITH OSHA STANDARDS AND REGULATIONS

The Work connected with this Contract shall be performed in accordance with all applicable OSHA regulations and standards including any additions or revisions thereto until the job is completed and accepted by Gwinnett County.

K. GEORGIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS

Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Roads and Bridges, 1993 Edition, and any supplemental specifications modifying them except as noted below and in the special provisions.

L. Annual Contract for Handrail Installation-Price per Linear Foot Only

1. Install ADA-compliant handrail – 2” steel tubing. Post must be concreted in the ground 18” except where a 4-bolt plated bottom is required around concrete or asphalt structures unless directed by a Gwinnett County Representative otherwise. Bolts shall have epoxy.

2. Removing and replacing ADA handrail – Specs are the same as above.

BL136-26 Page 5

M. Annual contract for Impact Attenuators MASH TL-3 Installation- Price per unit

1. Remove existing attenuator system including: Impact head, energy absorbing cartridges or cells, side panels and framework. Dispose of all removed materials offsite in accordance with local, state, and federal regulations.

2. Prepare subgrade for new attenuator foundation. Concrete pad or foundation should meet all manufacturer specifications. Ensure proper grading, compaction, and drainage.

3. Furnish and install new attenuator system with all components including: Nose assembly, energy absorption modules, side panels and diaphragms, transition connections to guardrail and barrier systems and anchor systems per manufacturer requirements.

4. Conduct post-installation inspection to confirm proper assembly.

N. Traffic Control

1. The Contractor shall furnish, install, maintain, and remove necessary traffic signs, barricades, lights, signals, cones, and other traffic control devices and shall include all flagging and other means for guidance and protection of traffic through the work zone in accordance with the Manual on Uniform Traffic Control Devices

(MUTCD).

2. The contractor shall notify the Gwinnett County Representative and complete a lane closure request form for each project requiring traffic control.

M. Sub-Contracting

1. The contractor shall be required to perform 100% of the guardrail, fencing, and handrail work. The contractor shall remain fully responsible for the management, quality, safety, schedule, and complete execution of all work required under this contract.

2. The contractor is permitted to subcontract the required temporary traffic control services. The selected subcontractor must be fully certified through the American Traffic Safety Association or the National Safety Council.

O. Underground and Overhead Utilities

1. The selected Contractor shall be solely and completely responsible for the location, verification, and protection of all subsurface and overhead utilities within the project limits. Prior to the commencement of any post-driving, drilling, excavation, or construction activities, the Contractor must notify the state One-Call Notification Center (811) in strict accordance with state law. The Contractor shall maintain valid utility locate tickets on-site throughout the entire duration of the contract.

2. Any disruption, damage, or structural compromise to existing utilities (including, but not limited to, water, sewer, gas, electric, fiber optic, and telecommunications lines) resulting from the Contractor’s operations shall be repaired immediately to the utility owner's standards at no additional expense to Gwinnett County.

The Contractor shall indemnify and hold harmless the Agency from any claims, lawsuits, damages, or service delays.

BL136-26 Page 6

SPECIAL PROVISIONS

Materials/Installation

All materials furnished and/or installed by the Contractor shall be furnished only from Georgia Department of Transportation certified sources or Gwinnett County Department of Transportation and shall be within the limits, tolerances, formulae, etc., as established by the Georgia Department of Transportation.

Materials and installation shall be per Georgia Department of Transportation specifications 643, 894 and detail 903IN. The quantities listed are only approximate. Actual usage will depend upon demand. Installation shall be per Georgia Department of Transportation specifications or by the direction of the engineer.

Inspection Gwinnett County does not commit to have full-time inspection or testing of the work while in progress or at sources of materials furnished. Any lack of inspection and/or testing will in no way relieve the Contractor of his responsibility and liability to provide quality workmanship in accordance with the Specifications.

Records The Contractor is required to maintain and make available to County auditors complete records of the work covered, for the life of the Contract and for three years thereafter.

Terms In compliance with your Invitation to Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with Gwinnett County to provide the necessary machinery, tools, apparatus, and other means of construction, and all materials and labor specified in the Contract, or called for by the Drawings, or necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for:

Annual Contract for Guardrail Installation The Bidder has carefully examined and fully understands the Contract, Plans, Specifications, Instructions to Bidders, and other Documents hereto attached, and has made a personal examination of the Sites of the proposed Work, and has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposed and agrees that if his bid is accepted, he will contract with Gwinnett County in full conformance with the Contract Document.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specification, Construction of Roads and Bridges, 1993 Edition, and any supplemental specifications modifying them except as noted below and in the special provisions. All traffic control will be supplied by the contractor and will conform to the Manual on Uniform Traffic Control Devices. All materials used in the process of completion of the work included in the contract will be furnished from Georgia Department of Transportation certified suppliers only.

The quantities are approximate and may be increased or decreased as to any and all units necessary to complete the construction of said Project without entitling the Contractor to any claim for extra compensation because of any injury, damage, or delay he may sustain on account of such increase or decrease. The Contractor shall be entitled to compensation on the foregoing unit prices only on the qualities of materials actually furnished and work actually done as determined and approved in writing by the Gwinnett County Representative through an inspection of the work completed.

If discrepancies exist between the unit prices and the totals, the unit prices shall apply, and the totals shall be corrected to agree with the unit prices. It is the intent of this Bid to include all items of construction and all Work required and called for in the Specifications.

Accordingly, the Contractor proposes to furnish and construct the items listed in the attached Bid Schedule for the stated unit prices. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Document but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

BL136-26 Page 7 Failure to return this page as part of the Bid document may result in rejection of Bid.

BID SCHEDULE

Delivery will be F.O.B. Destination to: Various locations throughout Gwinnett County.

Company Name

APPROX.

ANNUAL QTY.

DESCRIPTION UNIT

PRICE

TOTAL

PRICE

SECTION A – PURCHASE AND INSTALLATION OF GUARDRAIL

1. 6,000 LF “W” Beam Guardrail, Hardware & Post Included $ $

2. 2,000 LF “T” Beam Guardrail, Hardware & Post Included $ $

3. 30 Ea Guardrail Anchorage Type 1, All Hardware Included $ $

4. 50 Ea Guardrail Anchorage Type 12, All Hardware Included $ $

5. 3 Ea Guardrail Anchorage Max-Tension Median TL-3 System, all Hardware Included $ $

6. 5 EA Guardrail Connection at Bridge End, to include all hardware $ $

7. 8,000 LF Removal of Guardrail $ $

8. 1 EA Impact Attenuator, MASH TL-3, All Hardware Included $ $

SECTION A TOTAL $

SECTION B – PURCHASE AND INSTALLATION OF FENCE

1. 300 FT 4 Foot Chain Link Fence $ $

2. 300 FT 6 Foot Chain Link Fence $ $

3. 300 FT 8 Foot Chain Link Fence $ $

4. 300 LF 4 Foot Woven Wire Fence $ $

5. 300 LF Removal of Fence $ $

SECTION B TOTAL $

SECTION C – PURCHASE AND INSTALLATION OF HANDRAIL

1. 500 FT ADA Compliant Handrail $ $

2. 500 FT Remove and Replace ADA Compliant Handrail $ $

SECTION C TOTAL $

SECTION D – ADDITIONAL WORK

1. 50 HR Foreman $ $

2. 50 HR Laborer $ $

3. 50 HR Truck Driver $ $

4. 50 HR Operator $ $

5. $20000.00 State percentage increase above vendor’s cost for materials used not included in bid items above (Not to exceed 10%)

Section D Total $

OVERALL TOTAL (Sections A THROUGH D) $

BL136-26 Page 8 Failure to return this page as part of the Bid document may result in rejection of Bid.

BID SCHEDULE

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

Addendum No. Date Addendum Date

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

Contract to begin upon award.

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

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

1st Renewal Option increase/decrease (circle one)

2nd Renewal Option increase/decrease (circle one)

3rd Renewal Option increase/decrease (circle one)

4th Renewal Option increase/decrease (circle one)

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 Vendors" 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 quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the fee schedule. By submission of this 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 Vendors.

Legal Business Name

Address

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

Representative Signature Printed Name

Telephone Number E-mail Address

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

Telephone Number E-mail Address

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.

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

BL136-26 Page 9

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 to 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 Date

Contact Person Telephone

E-Mail Address

2. Company Name

3. Company Name

BL136-26 Page 10

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

BL136-26 Page 11

BL136-26, Purchase and Installation of Guardrail and Fencing on an Annual Contract Page 12

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 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: _________________________

BL136-26 Page 12

BL136-26, Purchase and Installation of Guardrail and Fencing on an Annual Contract Page 13

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 http://www.gwinnettcounty.com/

BL136-26 Page 14

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

LISTING.

Buyer Initials: MM

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

MINOR CONSTRUCTION INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 1 | 6

GWINNETT COUNTY

FINANCIAL SERVICES RISK MANAGEMENT

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 be notified in writing thirty (30) days prior to cancellation, modification or non-renewal of any insurance policy listed on Certificate. Upon request, Contractor shall provide the County with 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

Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

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.

MINOR CONSTRUCTION INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 2 | 6

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

Coverage to include loading and unloading

Contractual Liability

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

Gwinnett County Board of Commissioners to be named as Additional Insured

Additional Insured Endorsements must be provided with the Certificate of Insurance

Concurrency of Effective Dates with Primary

Blanket Contractual Liability

Dr 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.

Builder's Risk Insurance or Installation Floater Insurance (with the exception for work where the County secures project Builders Risk)

On all new structures, bridges, overpasses, culverts, and railroad crossings, the Contractor shall purchase and maintain insurance in an amount sufficient to cover the full contract amount, from a company

MINOR CONSTRUCTION INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 3 | 6

licensed and authorized to do business by the Office of Insurance and Safety Fire Commissioner -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.

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 insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Professional Liability (Errors and Omissions): Applies if contract is for professional services such as architects and engineers, geotechnical investigation and reporting, environmental assessment, land surveying, or construction administrative services such as material testing. Professional services also include accountants, lawyers, doctors, computer and software engineers, and any other services the County may designate. The following Professional Errors and Omissions Liability Insurance shall meet or exceed the following minimum requirements:

The Contractor shall maintain Errors and Omissions Liability covering negligent acts, errors and/or omissions, including design errors of the Contractor for damage sustained by reason of or in the course of operations under this Contract. The policy/coverages shall be amended to include the following:

Claim/Wrongful Act: $1,000,000 limit of insurance

General Aggregate: $2,000,000 limit of insurance

A liability of others which you assume under a written contract provided such liability is caused by your

In the event that any professional 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, unless such coverage becomes unavailable in the market on a commercially reasonable basis, in which case the Contractor shall notify the Insurance Manager. If the Director of the Department for which the Contractor is doing the work and the Insurance Manager both agree that such coverage is not commercially reasonably available (such agreement not to be unreasonably withheld), the Contractor may for the period such coverage is not commercially reasonably available, elect not to provide such coverage).

Pollution Liability Insurance: Applies if scope of work requires the handling and/or transportation of hazardous materials including, but not limited to, asbestos, lead, silica, contaminated soil, or any other hazardous material as defined by applicable law then the following Pollution Liability Insurance shall meet or exceed the following minimum requirements:

Per Incident Limit $1,000,000 Aggregate Limit $2,000,000

Limits for Bodily Injury, Property Damage, Environmental Damage or Clean-Up Costs, including coverage for Non-Owned Disposal Sites.

For Subcontractors whose scope of work includes transportation of hazardous materials, the insurance must also include coverage for pollution conditions arising from the transportation of hazardous materials.

renewed continuously or shall provide an extended claims reporting period of five (5) years or applicable statute of limitation period following completion of the work.

MINOR CONSTRUCTION INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 4 | 6

Gwinnett County Board of Commissioners shall be Additional Insureds during the term of the subcontract agreement and through all applicable statutes of limitation and repose.

The policy shall stipulate the insurance afforded to the Additional Insureds applies as primary insurance and that any other insurance carried by the Additional Insureds will be excess only.

Crane Insurance: Applies if any work to be performed involves the use of any owned, leased, chartered or hired crane of any type:

Occurrence Limit $5,000,000

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 and their respective officers, directors and employees, and any other parties required by the County shall be Additional Insureds

Additional Insured Endorsements must be provided with the Certificate of Insurance

Riggers Liability Insurance:

If any work to be performed involves the rigging, lifting, lowering, or moving of property or equipment, then insure against the physical loss or damage to the property or equipment in its care.

Crime or Fidelity Insurance: Applies if scope of work includes the storage or transfer of any County data or sensitive date 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 $1,000,000

The Contractor shall maintain employee dishonesty and computer fraud coverage including, but not limited to, dishonest acts of Contractor, its employees, agents, subcontractors and anyone under

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.

Cyber Liability Insurance:

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

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.

MINOR CONSTRUCTION INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 5 | 6

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

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.

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

Certificate Holder should read:

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

Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-8 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are that a market is equal to or exceeds the financial strengths associated with the A -8 or better.

Insurance companies providing coverage should be licensed and authorized to do business by the Office of 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.

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

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.

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

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

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.

MINOR CONSTRUCTION INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 6 | 6

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.

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.

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

O. Compliance by the Contractor and all 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.

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 set forth in item E above.

GENERAL INSTRUCTIONS FOR VENDORS 1 | 11

DEPARTMENT OF FINANCIAL SERVICES │ PURCHASING

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 VERSUS 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 OR 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.

GENERAL INSTRUCTIONS FOR VENDORS 2 | 11

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.

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