March 25, 2022

INVITATION TO BID

ABOVE GROUND PRE-STRESSED CONCRETE TANKS

INSPECTION & REPAIR ON AN ANNUAL CONTRACT

BL046-22

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Provision of Above Ground Pre-Stressed Concrete Tanks Inspection & Repair On An Annual Contract with Four Options to Renew.

Bid submittal date and location:

Sealed bids will be received by the Gwinnett County Department of Financial Services - Purchasing Division-2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046 until 2:50 P.M. local time on May 4, 2022 and then publicly opened and read aloud at 3:00 P.M. Any bid received after 2:50 P.M. will not be accepted. Bid envelope must be marked on the outside with Bid Number, name of Bidder, date and time of opening. Contractor providing the utility work must have a current valid Utility Contractors License.

Project Description:

The Contractor must provide all supervision, labor, materials, tools, equipment, and incidentals required to complete the tank i n s p e c t i o n , maintenance, repair, and rehabilitation work authorized under this contract. Work on the tanks may include the interior only, exterior only, or both interior and exterior. Work may also include inspection only, repair only, or both inspection and repair. Specific repairs will be those requested by DWR, based on separate inspections and recommendation reports. Work on multiple tanks at a single site shall be performed in a single mobilization.

Obtain Pre-Qualification Application:

Pre-qualification applications will be received by email to Shelley.McWhorter@GwinnettCounty.com or delivered to the Gwinnett County Purchasing Office, 75 Langley Drive, Lawrenceville, Georgia 30046 until 2:00 P.M. local time on April 8, 2022. Any pre-qualification application received after this date and time will not be accepted.

Any modifications to the prequalification criteria must be addressed prior to application submittal. If you feel any of the criteria in the prequalification application is restrictive, please notify Shelley McWhorter by email at Shelley.McWhorter@GwinnettCounty.com by April 6, 2022. If the submitted application does not meet the minimum prequalification criteria, the application will be rejected.

A list of pre-qualified bidders should be available by 4:00 P.M. local time on April 18, 2022

NOTE: Bids submitted by contractors who have not been prequalified will not be considered.

Facility Access

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 Susan Canon, Gwinnett County Justice and Administration Center, 770-822-8165 mailto:Shelley.McWhorter@GwinnettCounty.com mailto:Shelley.McWhorter@GwinnettCounty.com

INVITATION TO BID - PAGE 2

Above Ground Pre-Stressed Concrete Tanks Inspection & Repair On An Annual Contract BID DATE: May 4, 2022

BID NUMBER: BL046-22

Instructions on Submitting Questions

Questions regarding bids should be submitted to Shelley McWhorter, Purchasing Associate III at fax 770-822-8728, or email Shelley.McWhorter@gwinnettcounty.com no later than 3:00 p.m. local time, April 25, 2022. Bids are legal and binding upon the bidder when submitted.

Insurance:

Successful contractor 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.

Bid Withdrawal:

No Bidder may withdraw his Bid within sixty (60) days after the actual date of the opening thereof.

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

The County will award the Contract to the lowest "qualified" bidder, subject with the Owner's right to reject any or all bids, to waive technicalities, and to make an award deemed in its best interests. With limited response, Gwinnett County reserves the right to extend the solicitation opening date as appropriate in order to assure a competitive procurement process.

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.

Shelley McWhorter, CPPB Purchasing Associate III

/smm

The following pages should be returned in duplicate as your bid:

Bid Schedule, «BidSchedulePages» References, «ReferencesPage» http://www.gwinnettcounty.com/

RFQBL046-22 Page 3

I. PRE-QUALIFICAITON

A. Bonding

Contractor to provide evidence from Surety Company that it has the ability to provide performance & payment bonds.

B. Pre-Qualification Application Format

The Pre-Qualification Application should include the following:

1. Cover letter with the name of the contractor, business address and local contact information, and noting any exceptions or deviations from these documents.

2. Qualifications Evaluation Criteria table (page 5).

3. Summary of firm/staff certifications.

4. Five (5) Project Qualification Forms and three (3) Inspection Project Qualification Forms.

5. Key Personnel resumes.

C. Pre-Qualification Contractor Selection Criteria

The pre-qualification application is requested to verify that the contractor meets each of the qualification requirements. Following the submittal and subsequent review of the applications, an addendum will be issued to update the contractors with the results.

Gwinnett County reserves the right to reject any or all applications, to request clarifications, and to waive any technicalities as deemed in its best interest.

If requested, the contractor will be required to submit additional evidence that they have a practical knowledge of the services proposed upon, and that they have the necessary personnel, equipment, experience and financial resources to provide the proposed services requested.

II. QUALIFICATION REQUIREMENTS

A. Contractor

At a minimum, the contractor should meet the following requirements:

1. Experience

A minimum of 10 years of experience in repair and inspection of aboveground pre-stressed concrete tanks per AWWA D110 and/or ACI Standards.

2. Similar Project Experience

a) A minimum of five (5) projects completed in the past 5-year period repair of above- ground pre-stressed tanks per AWWA D110 and/or ACI Standards.

• A minimum of three (3) of the projects submitted must be for tanks in the 3-20-million-gallon range.

• A minimum of two (2) of the projects submitted must be for tanks in drinking water service.

• A minimum of two (2) of the projects submitted must be for tanks in wastewater service.

RFQBL046-22 Page 4

b) A minimum of three (3) projects completed in the past 5-year period inspection of above-ground pre-stressed tanks per AWWA D110 and/or ACI Standards.

• A minimum of two (2) of the projects submitted must be for tanks in the 3-20-million-gallon range.

• A minimum of one (1) of the projects submitted must be for tanks in drinking water service.

• A minimum of one (1) of the projects submitted must be for tanks in wastewater service.

B. Personnel Personnel w/ one-page resumes for proposed key support personnel:

1. Safety Training

Personnel properly trained in confined space entry and fall protection shall be available for use by owner within 48 hours of notice, minimum of three.

2. Project Manager(s)

The person responsible for planning, coordinating and controlling a project from inception to completion, meeting the project requirements, communicating project progress coordinating with plant operations, and ensuring completion on time, within cost and to required quality standards. Project Manager shall have a minimum of 5 years of pre-stressed tank experience, including 3 in the field.

3. Superintendent(s)

The person performing resident representative functions for repair phase planning, coordinating and controlling on-site project work. Superintendents shall have 10 years of pre-stressed tank repair experience, 3 must be as superintendent.

4. Professional Engineer(s)

Professional Engineer shall be actively licensed by the Georgia Board of Professional Engineers and Land Surveyors in the State of Georgia, in good standing, and have minimum 5 years of pre-stressed tank experience, including 2 in the field.

5. Field Personnel Training/Certifications i.e. technicians, installers that are trained, approved or certified by:

a) Manufacturers (e.g. repair mortar, crack-injection grout, corrosion-inhibiting coatings)

b) American Concrete Institute

c) National Association of Corrosion Engineers

d) The Society for Protective Coatings

e) Post-Tensioning Institute

f) Relevant Others

RFQBL046-22 Page 5

PRE-QUALIFICATION APPLICATION

CONTRACTOR NAME:

FAILURE TO RETURN THIS PAGE AS PART OF YOUR PRE-QUALIFICAITON APPLICATION MAY RESULT IN REJECTION.

PRE-QUALIFICAITON APPLICATION CHECKLIST

(SUBMIT WITH PRE-QUAL APPLICATION)

Due by 2:00 p.m. on April 8, 2022

Bonding Evidence Of Ability to Provide Performance &

Payment Bonds for a $1 - $2 million dollar project.

Pre-Qualification Application Cover Letter – include all related services provided Qualifications Evaluation Criteria Table Indicating

If Each Requirement Is Met (Page 6) Summary Of Firm/Staff Certifications Eight (8) Project Qualification Forms (Pages 7 -13) Key Personnel Resumes

RFQBL046-22 Page 6

QUALIFICATIONS EVALUATION CRITERIA CHECKLIST

Requirement Met?

Requirement

A. Contractor Experience pass fail 1.

A minimum of 10 years of experience in repair and inspection of aboveground pre-stressed concrete tanks per AWWA D110 and/or ACI Standards.

2. Contractor Similar Project Experiences pass fail a) A minimum of five (5) projects completed in the past 5-year period for repair of above-ground pre-stressed tanks per AWWA D110 and/or ACI Standards.

pass fail b) A minimum of three (3) of the projects submitted must be for tanks in the 3-20-million-gallon range.

pass fail c) A minimum of two (2) of the projects submitted must be for tanks in drinking water service.

pass fail d) A minimum of two (2) of the projects submitted must be for tanks in wastewater service.

pass fail e) A minimum of three (3) projects completed in the past 5-year period For inspection of above-ground pre-stressed tanks per AWWA D110 and/or ACI Standards.

pass fail f) A minimum of two (2) of the projects submitted must be for tanks in the 3-20-million-gallon range.

pass fail g) A minimum of one (1) of the projects submitted must be for tanks in drinking water service.

pass fail h) A minimum of one (1) of the projects submitted must be for tanks in wastewater service.

B. Personnel pass fail 1. Safety Training pass fail 2. Project Manager(s) pass fail 3. Superintendent(s) pass fail 4. Professional Engineer(s) pass fail 5. Field Personnel Training/Certifications

RFQBL046-22 Page 7

REPAIR

PROJECT #1

Project Name:

Client Name:

Contact:

Name Title

E-Mail Phone No.

Tank Location(s) Capacity(s)

Liquid Type (W/WW)

Project Cost Duration

Description of Repair or Rehabilitation

Interior & Exterior Coating Details (if used)

Problems Encountered (if any)

RFQBL046-22 Page 8

PROJECT #2

RFQBL046-22 Page 9

PROJECT #3

RFQBL046-22 Page 10

PROJECT #4

RFQBL046-22 Page 11

INSPECTION

PROJECT #1

RFQBL046-22 Page 12

PROJECT #2

RFQBL046-22 Page 13

PROJECT #3

BL046-22 Page 14

SPECIFICATIONS

INSPECTION, REPAIR, AND REHABILITATION OF

ABOVEGROUND PRE-STRESSED CONCRETE TANKS ON AN ANNUAL CONTRACT

I. BACKGROUND

Gwinnett County Department of Water Resources (DWR) has implemented an aboveground pre-stressed concrete tank inspect ion and repair program. The program includes individual tank inspection, n o n - d e s t r u c t i v e t e s t i n g ( N D T ) , maintenance, repair, and rehabilitation. The work on all tanks will be in conformance with AWWA D110, ACI 350, latest editions, and other applicable standards.

DWR has 28 aboveground pre-stressed concrete tanks; 17 are used for potable water processes and finished water (W) and 11 are used for raw municipal wastewater and wastewater processes (WW).

The water tanks are located at both water production facilities as well as finished water distribution system storage/booster stations throughout Gwinnett County. The wastewater tanks are located at water reclamation facilities and pump station sites. Attachment A provides a list of the tanks with detailed information on each. A location map for the facilities, pump stations, and storage tanks is provided in Attachment B.

II. SCOPE OF WORK

The Contractor must provide all supervision, labor, materials, tools, equipment, and incidentals required to complete the tank inspection, n o n - d e s t r u c t i v e t e s t i n g ( N D T ) , maintenance, repair, and rehabilitation work authorized under this contract. Work on the tanks may include the interior only, exterior only, or both interior and exterior. Work may also include inspection only, repair only, or both inspection and repair. Specific repairs will be those requested by DWR, based on separate inspections and recommendation reports.

Work on multiple tanks at a single site shall be performed in a single mobilization.

The scope of each Work Authorization will be provided through a scope of work (SOW) issued by DWR. Upon receipt of the SOW, the Contractor will provide a Proposal to perform the work within the time requested by DWR. The Proposal shall include:

a. A summary of the anticipated cost of the work using the unit prices, labor rates, and unit costs provided under this Contract.

b. The names and contact information of the assigned project manager and superintendent.

c. A mobilization date.

d. A schedule of the work, including submittal dates and specifically durations when a tank will be out of service.

e. A narrative description of the planned progression of the work.

f. Any substitution requests or exceptions to the technical specifications or SOW.

BL046-22 Page 15

Contractor shall be prepared to mobilize to the project site(s) within three weeks of Notice to Proceed, or as noted for each approved work authorization.

The work will be performed on a not-to-exceed cost, based on the pricing provided in the Bid Schedule. All work must be self-performed unless otherwise noted in the Propsal by listing possible sub- contractors, their specialties and experience.

III. SAFETY

Contractor will be responsible for the safety of their personnel. Costs for safety program and measures to be included in the hourly rates and percentages of markup in the Fee Schedule.

a. Contractor must comply with all applicable OSHA regulations, Gwinnett County, Gwinnett

County DWR Safety Policies and Procedures as well as other applicable regulatory agencies (i.e. DOT, EPA, EPD) or established industry standards (i.e. NFPA 70E) where required by Federal, State or local regulations. Contractors may follow their own policies and procedures, provided they are equal to or more stringent than applicable standards.

b. Contractor will ensure they provide an accurate daily headcount to the DWR key contact should conditions warrant a facility evacuation. These situations include fire, chemical spill, etc.

c. Contractor will contact 9-1-1- in the event of a serious injury or illness and notify the Gwinnett County Project Director/Manager immediately.

d. Contractor will require any subcontractors to adhere with all applicable laws and regulations.

e. Contractor will provide proof of employee safety training and/or programs within 2 business days to DWR documenting compliance with regulatory requirements and assuring safe working practices upon request.

f. Contractor will notify DWR of any work-related hazards or hazardous chemicals they intend to introduce into the workplace and provide SDS’s.

g. Contractor will utilize appropriate personal protective equipment (PPE) to protect their employees and subcontractors from conditions associated with their work.

h. Contractor shall consider all tanks as permit required confined space, unless indicated differently by DWR.

IV. INVITATION TO SUBMIT BIDS

A. The Gwinnett County Department of Water Resources hereby requests Bids for Annual

Contract for Inspection, Repair, and Rehabilitation of Aboveground Pre-stressed Concrete Tanks with Four (4) Options for Renewal. This submission will assist DWR in selecting firms to provide services for Repair and Rehabilitation of Aboveground Pre-Stressed Concrete Tanks. No minimum or maximum amount of work is guaranteed under this solicitation, and work will be procured on an “as-needed” basis via Work Authorization approvals

BL046-22 Page 16 per request.

B. Proposed bid pricing in the Bid Schedule covers typical work to be performed under this contract.

C. The full cost of bid preparation is to be borne by the bidding firm.

D. To provide the requested services, the bid should address the firm’s capabilities and resources in the areas specified under instructions to Contractors.

E. Submitted bids and all documentation regarding the bids will not be made available to the public until such time that an official action has been taken by the Gwinnett County Board of Commissioners to award or reject this solicitation.

F. All applicable State of Georgia and Federal Laws, City and County ordinances, licenses and regulations of all agencies having jurisdiction shall apply to the contractors and services throughout and are incorporated herein by reference. The Agreement with the selected firm, and all questions concerning the execution, validity or invalidity, capacity of the parties, and the performance of the Agreement, shall be interpreted in all respects in accordance with the Charter and Code of Gwinnett County and the laws of the State of Georgia.

G. 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.

H. 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.

BL046-22 Page 17

STANDARD INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

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

(b) The following additional coverage must apply:

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

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

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

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

5. Gwinnett County Board of Commissioners should be shown as an additional insured on General Liability, Auto

Liability and Umbrella Liability policies.

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

7. Certificate Holder should read:

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

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

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

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

BL046-22 Page 18

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

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

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

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

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

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

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

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

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

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

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

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

Rev. 5/19

BL046-22 Page 19

Company’s Name

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

REVISED BID SCHEDULE

ITEM DESCRIPTION

# OF

ESTIMATED

HOURS

HOURLY RATE EXTENDED PRICE

SECTION A

1. Standard Hourly Labor Rate - REPAIR 1,040

2. Overtime Hourly Labor Rate - REPAIR 100

3. Standard Hourly Labor Rate - INSPECTION 1,040

4. Overtime Hourly Labor Rate - INSPECTION 100

5. Project Manager 520

6. Superintendent 1,040

7. Professional Engineer 100

SECTION A TOTAL $

ITEM DESCRIPTION

A B (AXB)+A

APPROX.

ANNUAL SPEND % ABOVE COST ESTIMATED

ANNUAL COST

SECTION B

1. Parts, Supplies and Materials markup

(NOT TO EXCEED 10%) $ 1,500,000.00

Cost for specialty tools and equipment may be reimbursed under the above “Parts, Supplies and Materials,” if the tool or piece of equipment was purchased specifically for the work being performed and used up during the work or is turned over to DWR upon completion of the work. Tools or equipment purchased to replace previously owned damaged tool or equipment are not. Similarly, tools and equipment which are purchased and were not used or consumed during DWR work shall not be submitted for reimbursement.

2. Rental Equipment markup

(NOT TO EXCEED 10%) $ 100,000.00

3. Subcontractor markup

(NOT TO EXCEED 10%) $ 150,000.00

SECTION A TOTAL $

BID TOTAL (SECTION A & B) $

BL046-22 Page 20

Company’s 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. The contract will begin upon award.

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

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

1st Renewal Option 2nd Renewal Option

3rd Renewal Option 4th Renewal Option

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

1st Renewal Option 2nd Renewal Option

3rd Renewal Option 4th Renewal Option

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

Addendum No. Date Addendum

No. Date Addendum No. Date

BL046-22 Page 21

BID SCHEDULE CONTINUED

Certification Of Non-Collusion In Bid Preparation Signature Date

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Bidders" and all documents referred to therein, if this bid is accepted by the Board of Commissioners within ninety (90) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the 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

Federal Tax ID

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

Solicitation Name & No. Provision of Above Ground Pre-Stressed Concrete Tanks Inspection & Repair On An Annual Contract , BL046-22

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: ______________________

Bid # & Description BL046-22, Provision of Above Ground Pre-Stressed Concrete Tanks Inspection & Repair On An Annual Contract

CODE OF ETHICS AFFIDAVIT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION)

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

1.

(Company Submitting Bid/Proposal)

2. (Please check one box below)

No information to disclose (complete only section 4 below)

Disclosed information below (complete section 3 & section 4 below)

3. (if additional space is required, please attach list)

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. Sworn to and subscribed before me this

BY: day of , 20

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent Notary Public

Title of Authorized Officer or Agent of Contractor (seal)

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

BL046-22 Page 24

3.25.22_1.:15PM

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

Buyer Initials: SM

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

BL046-22 Page 25

***ATTENTION***

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

AUTOMATIC REJECTION:

1. FAILURE TO USE COUNTY BID SCHEDULE.

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

3. FAILURE TO RETURN APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

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

BID.

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

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

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

CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE. IF BONDS ARE REQUIRED, FORMS

WILL BE PROVIDED IN THIS BID DOCUMENT.

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

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

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

CONTACT THE PURCHASING ASSOCIATE.

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GWINNETT COUNTY DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

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

B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

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

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal submittal, but are contained for informational purposes only. If awarded, the successful bidder(s) will be required to complete them prior to contract execution.

E. Effective, July 1, 2013 and in accordance with the Georgia Illegal Immigration Reform Enhancements for 2013, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with your bid/proposal submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

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

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

III. EXPLANATION TO BIDDERS

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all bidders before the close of bid. Any information given to a prospective bidder concerning an invitation for bid will be furnished to all prospective bidders as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. The written bid documents supersede any verbal or written communications between parties. Receipt of addendum should be acknowledged in the bid.

It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal.

IV. SUBMISSION OF BIDS

A. Bids shall be enclosed in sealed envelopes, addressed to the Gwinnett County Purchasing Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

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

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

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

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

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

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

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

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

V. WITHDRAWAL OF BID DUE TO ERRORS

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

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

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

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

VI. TESTING AND INSPECTION

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

VII. F.O.B. POINT

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

VIII. PATENT INDEMNITY

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

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IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS

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

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

X. DISCOUNTS

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

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

XI. AWARD

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

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

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

XII. DELIVERY FAILURES

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

XIII. COUNTY FURNISHED PROPERTY

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

XIV. REJECTION AND WITHDRAWAL OF BIDS

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

XV. CONTRACT

Each bid is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the bidder and the County which shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in

BL046-22 Page 29 accordance with the conditions of said accepted bid. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

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

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

When the contractor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. In the event that Gwinnett County fails to pay the contractor within sixty (60) days of receipt of a pay requested based upon work completed or service provided pursuant to the contract, the County shall pay the contractor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests.