August 30, 2023 Invitation to Bid

BL141-23

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified service providers to Landfill Disposal of Bio-Solids and Grit and Screenings on an Annual Contract for the Department of Water Resources with four (4) options to renew.

Bids must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Bids will be received until 2:50 P.M. local time on September 27, 2023 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046.

Any proposal received after this date and time will not be accepted. Bids will be publicly opened and only names of submitting firms will be read at 3:00 P.M. A list of firms submitting bids will be available the following business day on our website www.gwinnettcounty.com.

A pre-bid conference is scheduled for 10:00 A.M. on September 5, 2023 at the Gwinnett County F. Wayne Hill Water Resources Center located at 1500 One Water Way, Buford, GA 30519. All service providers are urged to attend. 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 September 7, 2023. Bids are legal and binding upon the vendor when submitted.

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

Best rating of A-5 or higher.

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

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

Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to reject any or all bids to waive technicalities, and to make an award deemed in its best interest.

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

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

Michael Milstein Purchasing Asscoiate II http://www.gwinnettcounty.com/

BL141-23

STATEMENT OF WORK

The County intends to award this contract to one (1) contractor for the Landfill Disposal of Bio-Solids and Grit and Screenings on an Annual Contract.

Contractor shall furnish all insurance, transportation, materials, supplies, parts, test equipment, instrumentation, apparatus, services, tools, supervision, labor, engineering, technical knowledge, skills, and all things necessary to meet the requirements of Landfill Disposal of Bio-Solids and Grit and Screenings on an Annual Contract for Gwinnett County Department of Water Resources’ (GCDWR) wastewater treatment facilities. The number and volume of disposals in the schedule are not guaranteed and subject to change. Insurance Requirements included in this invitation to bid assume that the awarded contractor owns and maintains trailers.

Contractor shall dispose of material removed from these facilities at an approved offsite location. Some material might contain hazardous waste and will require permits and licenses to handle, transport and dispose.

The awarded contractor shall meet requirements outlined in this request for bids.

I. SPECIFICATIONS AND REQUIREMENTS - SECTION A: WASTEWATER BIOSOLIDS

A. Contractor shall provide a minimum of, but not limited to thirty (30) foot rubber tire dump trailers that shall be:

1. Steel or aluminum construction with capacity sufficient to handle sludge generation. Loading equipment shall not be modified by the service provider. Containers shall be constructed to work with DWR’s existing loading equipment. See Appendix A for drawings of the loading equipment.

2. Containers may not be stored or unloaded at DWR facilities in areas not designated as container storage/fill area. All loads removed from DWR facilities must be covered while in transit.

3. Service provider must provide sufficient containers to handle DWR’s disposal needs. The needs of DWR shall be determined on a site by site basis by the Plant Superintendent or designated DWR representative. In the event that the needs of a plant change, DWR will give contractor as much notice as is practical. In any case, the contractor will be required to have the additional equipment available within 2 weeks of notification that additional equipment is needed.

4. Equipment used to haul from a given facility shall be dedicated to that facility. Each facility will require a sufficient number of dedicated drivers, tractors and trailers, to accommodate the following needs:

FWH WRC Bio-Solids Facility Average of 12 Trailers per day. Monday thru Friday. A minimum of 6 to be hauled on Saturday.

Drivers will be required to service the biosolids trailers so that facility DOES NOT have to stop production due to lack of empty trailers. Hauler must provide a driver to come back in the afternoon and move full trailers from FWH WRC bays and insert 6 empty trailers to be filled by operations each night.

Crooked Creek Bio-Solids Facility Average of three (3) trailers per day. Monday thru Friday. Drivers will be required to service the biosolids trailers so that facility DOES NOT have to stop production due to lack of empty trailers.

Gwinnett County reserves the right to revise this requirement (number of dedicated drivers and tractors) as the need of the individual facility changes.

B. Contractor shall maintain the containers to "near-new" condition.

C. Contractor is responsible for returning each container to the wastewater facility in a completely empty, clean and odor-free condition. If needed, container liners will be the responsibility of the service provider. At a minimum, each trailer will be washed monthly.

D. DWR warrants that the waste materials delivered to the service provider will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable federal, state, local, or provincial laws or regulations. DWR further warrants that the waste materials delivered to the contractor have the components and characteristics as follows:

1. 17 - 30 percent dry solids (wastewater solids)

2. 45 - 65 pounds per cubic foot bulk density (wastewater solids)

In the event that the County's special waste is later determined to be a hazardous, toxic, or radioactive waste or substance, or if the waste falls outside the parameters described above, the contractor shall not be obligated to haul or dispose such materials. DWR will provide TCLP analytical on an annual basis.

E. If any spillage occurs in hooking up or transporting trailers, contractor shall immediately take appropriate steps to clean up the spillage.

F. Contractor shall dispose of waste in a "lined" Subtitle D landfill only, with 5 (five) years GA EPD permitted airspace. Successful service provider shall comply with all applicable Federal, State of Georgia, and local laws pertaining to the proper disposal of sludge as described in the bid documents for this contract.

G. All quantities listed are approximate. Contractor shall be paid for actual tonnage hauled and the weight of amount hauled will be determined by the weight ticket provided to the contractor when weighed at the landfill.

H. Normal Operating Hours: Trailers may be picked up at the F. Wayne Hill WRC and the Crooked Creek

Water Reclamation Facility 24 hours/day. Normal operations are Monday thru Friday. The first trailer swap out will be required to take place prior to and no later than 2 am. New trailers need to be moved into bays to allow centrifuges to continue to run.

I. Emergency Service: Pick-up will be 7 (seven) days per week, twenty-four (24) hours per day. Said service shall be requested as far in advance as practical but never less than six (6) hours. Contractor is expected to have whatever arrangements in place that are needed to accommodate these emergency needs.

J. Contractor shall obtain a signature on the "manifest" from a DWR representative on site to ensure payment for services. The manifest presented for signature must indicate the date and location of pick-

up. A copy of this ticket shall be left with the DWR representative at the time the service is rendered.

K. Listing of Addresses for Current Facilities:

F. Wayne Hill Water Resources Center Crooked Creek Water Reclamation Facility 1500 One Water Way 6557 Plant Drive Buford, GA 30519 Norcross, GA 30092

II. SPECIFICATIONS AND REQUIREMENTS – SECTION B: DEWATERED SOLIDS

A. Contractor shall furnish minimum of 2 per week sludge containers. "Roll off" type containers shall be:

1. Steel construction with capacity sufficient to handle sludge generation needs. Containers shall be constructed to work with DWR’s existing loading equipment. Loading equipment will not be modified by the service provider.

2. Containers shall be the "Roll-Off" type designed to transport dewatered sludge and sealed to prevent leakage. Containers shall have partial roofs to prevent spillage. Containers may not be stored or unloaded at DWR facilities except on the track system provided for that purpose.

3. Contractor will provide sufficient containers to handle DWR’s disposal needs. The needs of DWR shall be determined on a site-by-site basis, and by the Plant Superintendent or designated DWR representative.

4. Container shall have sufficient strength of material so that when fully loaded no part of the container may be closer than 2" vertically above the horizontal surface upon which the wheels roll.

5. Wheels shall be 9" to 12" wide and shall track in a straight line. Wheels shall be located on the front and back of the container.

6. The minimum vertical distance between the bottom of the wheels and the bottom of the container guide rails shall be 8". When fully loaded, this distance must be at least 6".

B. Contractor shall maintain the containers to "near-new" condition such that DWR’s track system will not be damaged in operation.

C. Contractor is responsible for returning each container to the wastewater facility in a completely empty, clean and odor-free condition. If needed, container liners will be the responsibility of the service provider.

D. DWR warrants that the waste materials delivered to the service provider will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable federal, state, local, or provincial laws or regulations. DWR further warrants that the waste materials delivered to the Service provider have the

1. 27 - 50 percent dry solids (water solids)

2. 55 - 58 pounds per cubic foot bulk density (water solids).

In the event that DWR's special waste is later determined to be a hazardous, toxic, or radioactive waste or substance, or if the waste falls outside the parameters described above, the contractor shall not be obligated to haul or dispose such materials. The County will provide TCLP analytical on an annual basis.

E. If any spillage occurs in loading, contractor will clean the affected area before leaving the site.

F. Contractor shall dispose of waste in a "lined" Subtitle D landfill only, with 5 (five) years GA EPD permitted airspace. Contractor shall comply with all applicable Federal, State of Georgia, and local laws pertaining to the proper disposal of sludge as described in the bid documents for this contract.

G. Contractor must indicate maximum loading capacity of containers by a fill line in order not to exceed the maximum weight limit allowed by law.

H. All quantities listed are approximate. Contractor shall be paid for actual tonnage hauled and the weight of amount hauled will be determined by the weight ticket provided to the service provider when weighed at the landfill.

I. Normal Operating Hours

Pick-ups shall be from 7:00 a.m. to 4:00 p.m., Monday through Saturday. All loaded containers shall be removed each day.

J. Emergency Service

Pick-up will be 7 (seven) days per week, twenty-four (24) hours per day. Said service shall be requested as far in advance as practical but never less than six (6) hours.

L. DWR may haul, using its vehicles, to the disposal facility during the above noted hours and conditions.

M. Contractor shall obtain a signature on the "manifest" from a DWR representative on site to ensure payment for services. The manifest presented for signature must indicate the date and location of pick-

up. A copy of this ticket shall be left with the DWR representative at the time the service is rendered.

N. Listing of Addresses for Current Facilities:

Lanier Filter Plant 2590 Waterworks Rd Buford, GA 30519

III. SPECIFICATIONS AND REQUIREMENTS – SECTIONS C: GRIT AND SCREENINGS

A. Contractor shall furnish grit and screenings containers. "Roll off" type containers shall be:

1. Steel construction with capacity sufficient to handle grit and screenings needs. Containers shall be constructed to work with DWR’s existing loading equipment. Loading equipment will not be modified by the contractor.

2. Containers shall be the "Roll-Off" type designed to transport grit & screenings and sealed to prevent leakage. Containers shall have partial roofs to prevent spillage. Containers may not be stored or unloaded at DWR facilities except on the track system provided for that purpose.

3. Contractor will provide sufficient containers to handle DWR’s disposal needs. The needs of DWR shall be determined on a site-by-site basis, and by the Plant Superintendent or designated DWR representative. The average is one pull per week. Two pulls is noted to ensure coverage when the need arises for two pulls

4. Container shall have sufficient strength of material so that when fully loaded no part of the container may be closer than 2" vertically above the horizontal surface upon which the wheels roll.

5. Wheels shall be 9" to 12" wide and shall track in a straight line. Wheels shall be located on the front and back of the container.

6. The minimum vertical distance between the bottom of the wheels and the bottom of the container guide rails shall be 8". When fully loaded, this distance must be at least 6".

B. Contractor shall maintain the containers to "near-new" condition such that DWR’s track system will not be damaged in operation.

C. Contractor is responsible for returning each container to the wastewater facility in a completely empty, clean and odor-free condition. If needed, container liners will be the responsibility of the service provider.

D. Contractor shall supply DWR with twenty-yard containers as required for grit and screenings.

E. Contractor shall obtain a signature on the "manifest" from a DWR representative on site to ensure payment for services. The manifest presented for signature must indicate the date and location of pick-

up. A copy of this ticket shall be left with the DWR representative at the time the service is rendered.

F. DWR warrants that the waste materials delivered to the Service provider will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable federal, state, local, or provincial laws or regulations. DWR further warrants that the waste materials delivered to the Service provider have the

1. 27 - 32 percent dry solids (wastewater solids); and

2. 55 - 58 pounds per cubic foot bulk density (wastewater solids).

NOTE. All facilities produce grit that passes the paint filter test.

G. Listing of Addresses and Telephone Numbers for Current Facilities:

Crooked Creek Water Reclamation Facility Yellow River Water Reclamation Facility 6557 Plant Drive 858 Tom Smith Road Norcross, GA30092 Lilburn, GA 30047

F. Wayne Hill Water Resources Center 1500 One Water Way Buford, GA 30519

IV. SPECIFICATIONS AND REQUIREMENTS – HAULING

A. Contractor shall have and maintain all required permits, certificates, and licenses required by law to operate commercial vehicles and transport bio-solids.

B. All vehicles used for transporting bio-solids and/or grit and screenings shall be registered, insured and meet all other Georgia Department of Transportation requirements.

C. Contractor shall comply with all requirements of 49 CFR in the execution of the services required under this contract.

D. All vehicles used for transporting bio-solids and/or grit and screenings shall be in sound working order and in compliance with all federal, state, and local safety requirements. If a vehicle fails during transporting biosolids and/or grit and screenings, the contractor shall immediately provide a back-up vehicle to pick-up the trailer carrying the materials to complete the transporting to the disposal facility.

E. Contractor is responsible for all operating and maintenance costs associated with hauling the materials from each facility to the approved disposal site. All costs for hauling and disposal of the biosolids and grit and screenings shall be included in the unit price per ton of solids bid for each class of material and each facility.

F. If it is determined that the material to be hauled is classified as a hazardous waste, the contractor may decide not to transport and dispose of the material.

G. DWR reserves the right to add or remove locations as required throughout the term of the contract.

H. Contractor must be on the list of authorized commercial haulers for Gwinnett County by date of bid opening. You may obtain information and forms needed for this process at:

https://www.gwinnettcounty.com/portal/gwinnett/Services/SolidWasteDisposal/CommercialHaulers

V. SPECIFICATIONS AND REQUIREMENTS – SECTION D: TRANSITION PLAN

A. At the end of the contract the contractor shall provide all services necessary for a smooth, uninterrupted transition of service to DWR or its new contractor. The contractor shall prepare an Exit Transition Plan describing such services and provide the Plan to DWR within 120 days of the contract end date. The objectives of the Exit Transition Plan are to:

1. Preserve the scheduled hauling of biosolids and grit and screenings without interruption to the facility operations,

2. Leave the facilities in a neat and orderly condition,

3. Provide DWR all material documentation, books, and records that are relevant to the services provided and continued operation,

4. Minimize transition costs for the contractor and DWR,

5. Full cooperation with DWR to ensure the efficient and effective transfer of the services, and

6. Full financial reconciliation of the contractor’s response pursuant to the terms and conditions of the c ontract.

B. The Exit Transition Plan shall include at a minimum:

1. Three coordination meetings with DWR and new contractor to discuss operations and changing trailers at the facilities. Meetings are to begin two months prior to the end date or as agreed upon by both parties,

2. List of all documents developed by the contractor during the t e r m of the contract to perform the services,

3. List of all reports and records prepared by the contractor in relation to the execution of the services,

4. List of equipment (trailers, vehicles, etc.) used for the execution of the services,

5. A description of the process for transitioning the services including equipment status, scheduled transition dates, and description of coordination with new contractor or DWR.

C. The contractor shall carry out the Transition Plan for an orderly transfer of services to the new contractor at the commencement of the new contract.

D. There shall be no interruption of operations at any facility, or discontinuation of services during the transition period.

https://www.gwinnettcounty.com/portal/gwinnett/Services/SolidWasteDisposal/CommercialHaulers

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

BID SCHEDULE

ITEM #

DESCRIPTION

APPROX.

ANNUAL

QTY.

UNIT PRICE

PER TON

ANNUAL AMOUNT

SECTION A: DISPOSAL OF BIO-SOLIDS

Haul and dispose of solids from F. Wayne Hill Water Resources Center

70,000 tons

2 Haul and dispose of solids from Crooked Creek Water Reclamation Facility

17,000

SECTION A TOTAL $

SECTION B: DISPOSAL OF BIO-SOLIDS

1 Haul and dispose of solids (roll off container) from Lanier Filter Plant

1,000

SECTION B TOTAL $

SECTION C: DISPOSAL OF GRIT & SCREENINGS

Haul and dispose of grit and screenings using two (2) each twenty yard containers picked up twice weekly at Crooked Creek Water Reclamation Facility

750 tons

2.

twenty yard containers picked up twice weekly at Yellow River Water Reclamation Facility

1,100 twenty yard containers picked up twice weekly at F.

Wayne Hill Water Resources Center

2,200

SECTION C TOTAL $

SECTION D: TRANSITION PLAN

1. Crooked Creek Water Reclamation Facility – Exit Plan 1 LS

2. Yellow River Water Reclamation Facility – Exit Plan 1 LS

3. F. Wayne Hill Water Resources Center – Exit Plan 1 LS

4. Lanier Filter Plant – Exit Plan 1 LS

SECTION D TOTAL $

BID TOTAL (SECTIONS A-D): $

Rate Increase for out of area disposal for Unit Prices in Sections A, B and C

COMPANY NAME

BID SCHEDULE CONTINUED

Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive and the bid will not be considered for award. Contract to begin January 1, 2024 or upon award.

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

Renewal Option 1: ______________% Increase ______________% Decrease Explanation________________________

Renewal Option 2: ______________% Increase ______________% Decrease Explanation________________________

Renewal Option 3: ______________% Increase ______________% Decrease Explanation________________________

Renewal Option 4: ______________% Increase ______________% Decrease Explanation________________________

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

Addendum No. Date Addendum No. Date

Certification Of Non-Collusion in Bid Preparation _______________________________________________________ Signature Date

The County requires that all who enter into a contract for the physical performance of services with the County must satisfy OCGA § 13-10-91 and Rule 300-10-1-02, in all manner, and such are conditions of the contract.

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

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

Gwinnett County Vendor Number _________________

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

Representative Signature ____________________________________________________________________________________

Printed Name _______________________________________________________________________________________________

Telephone Number __________________________ Fax Number ___________________________________________________

E-mail address _______________________________________________________________________________________________

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed.

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

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Company Name

STANDARD BL141-23 INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $1,000,000 each accident Bodily Injury by Disease - $1,000,000 policy limit Bodily Injury by Disease - $1,000,000 each employee

2. Commercial General Liability Insurance

(a) $500,0001,000,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

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

3. Auto Liability Insurance

(a) $500,0001,000,000 limit of liability per occurrence for bodily injury and property damage

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

(c) Additional Insured Endorsement

(d) Contractual Liability

(e) Pollution Liability-Broadened Coverage

4. Umbrella Liability Insurance - $15,000,000 limit of liability

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

5. Environmental Liability Insurance- $1,000,000

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

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

8. Certificate Holder should read:

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

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

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

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

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

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

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

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

15. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

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

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

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

19. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

20. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law

91-956, and any other laws that may apply to this Contract.

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

Bid # & Description BL141-23, Landfill Disposal of Bio-Solids and Grit and Screenings 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 bidder/proposer, 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

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

Solicitation Name & No. BL141-23, Landfill Disposal of Bio-Solids and Grit and Screenings 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: ______________________

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 QUOTE/BID/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.

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 quote/bid/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.

I. 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.

II. EXPLANATION TO VENDORS

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.

III. 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.

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.

IV. 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 compilation of the submittal. The unintentional arithmetic error or omission can be clearly proven through inspection of the original work papers, documents, and materials used in preparing the submittal sought to be withdrawn. The vendor’s original work papers shall be the sole acceptable evidence of error and mistake if a vendor elects to withdraw their submittal. If a quote or bid submittal is withdrawn under the authority of this provision, the lowest remaining responsive offer shall be deemed to be low bid.

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

Vendors who fail to request withdrawal by the required forty-eight (48) hours may automatically forfeit bid bond if a bond was required. Bid may not be withdrawn otherwise.

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

V. TESTING AND INSPECTION

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

VI. F.O.B. POINT

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

VII. PATENT INDEMNITY

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

VIII. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED, FORMS WILL BE PROVIDED IN

THIS DOCUMENT)

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

IX. DISCOUNTS

A. Time payment discounts may be considered in arriving at net prices and in award of solicitations.

Offers of discounts for payment within ten (10) days following the end of the month are preferred.

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

X. AWARD

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

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

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

D. In the event of proposal scores rounded to the nearest whole number result in a tie score, the award will be based on lowest cost.

E. If proposal negotiations with the highest ranked firm are unsuccessful, the County may then negotiate with the second ranked firm and so on until a satisfactory agreement has been reached.

XI. DELIVERY FAILURES

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

XII. COUNTY FURNISHED PROPERTY

No material, labor or facilities will be furnished by the County unless so provided in the solicitation package.

XIII. REJECTION OF SUBMITTALS

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

XIV. CONTRACT

Each submittal is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all the commodities or services described therein…