Notice of Bid

December 2, 2021

INVITATION TO BID

BL002-22

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Emergency Repair Services for Water and Sewer Mains on an Annual Contract with four (4) options to renew for the Department of Water Resources.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on January 13, 2022 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

Questions regarding bids should be directed to Shelley McWhorter, Purchasing Associate III at shelley.mcwhorter@gwinnettcounty.com or by calling 770-822-8734, no later than January 6, 2022. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

All suppliers must submit with bid, a bid bond, certified check or cashier's check in the amount of $50,000.00. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive. Successful supplier will be required to meet insurance requirements, submit a performance bond and a payment bond (approximate amount noted in specifications). Insurance and Bonding Company should be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by The Georgia Insurance Department, listed in the Department of Treasury's Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond, and performance bond must have an A.M. Best rating of A-5 or higher.

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

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

Award will be made to the contractors submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest.

Bids may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible bidder(s) at its discretion.

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

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

Shelley McWhorter, CPPB Purchasing Associate III

/smm

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

• References, pages 9-14

• Bid Schedule, pages 15-16

• Bid Bond, pages 17-18

• Code of Ethics Affidavit

• E-Verify Affidavit http://www.gwinnettcounty.com/ mailto:shelley.mcwhorter@gwinnettcounty.com

BL002-22 Page 2

SPECIFICATIONS AND REQUIREMENTS

A. SCOPE OF WORK

The intent of this Contract is to provide a means for the County to respond to sudden or unforeseen failures or malfunctions of existing water mains, their appurtenances; gravity sewers, their appurtenances; and all force mains. Such emergencies include open cut, removal and replacement of water mains due to breaks and leaks, interruptions of water distribution or transmission services, any work associated with sewer line failures, any work associated with force mains, failures resulting in danger to life, health, or property, or other imminent threats to the public health, safety, or well-being through sabotage, failure or malfunction of the existing water and /or sewer supply system. This will include all sizes of pipe and all pipe material currently (installed or installed during the life of this contract) within the Gwinnett County water and sewer systems.

B. CONTRACTOR’S RESPONSIBILITY

Successful contractor shall provide labor, equipment, and materials as needed to assist the County with the scope of work as determined by the County. The Contractor shall conduct repair operations using his own labor and equipment to the greatest extent. It will be the County’s sole decision as to the extent of the repair and the total scope for each project. During the contract period, the Contractor shall maintain sufficient local presence and personnel, equipment, general construction-related supplies and materials to provide an effective, immediate response on a 24-hour-per-day, seven (7)-day-per-week basis to any such emergency that may arise. The Contractor will be required to respond to an emergency as declared by the County with Supervisory personnel on-site within 2 hours of notification and to have sufficient equipment and personnel to commence emergency repair operations within 4 hours of notification, unless otherwise directed by the County.

The Contractor shall provide the County with the names and emergency contact information for at least three

(3) employees who are available for responding to emergencies and who have the authorization to commit the Contractor’s labor, equipment, and material to the prosecution of the necessary repair work. Said emergency contacts will be located within 1 hour of any point within Gwinnett County. Contractor will submit this information along with an address for the three (3) emergency contact employees.

C. MATERIALS

The County maintains a stock of the repair parts most often needed for water and sewer repairs. Accordingly, the Contractor will not be required to purchase or maintain a local inventory of repair parts. However, the Contractor may be required to pick up repair parts from the County’s storage facilities and transport the parts to the site of the emergency. If specialty repair parts are needed, the Contractor may be authorized by the County to locate, purchase, and arrange for the expedited transportation of the parts to the job site. The Contractor will be compensated for the cost of parts in accordance to the Bid Pricing Schedule.

D. QUALITY CONTROL

Due to their unforeseen and immediate nature, emergency repairs will only be allowed to be carried out under the direction of an authorized County representative. The County’s representative will serve as the County’s principal point of contact during the duration of the work.

The County representative will coordinate and approve the Contractor’s work, including authorization of labor, materials, equipment, and specialty vendors and subcontractors used in the work.

Gwinnett County does not commit to furnishing full-time inspection or testing of the work in progress, or at material sources. Lack of inspection and/or testing by the County will in no way relieve the Contractor of his responsibility and liability to provide quality workmanship in accordance with the provision of this Contract.

Gwinnett County will have a responsible person on-site at all times during any specific repair. Gwinnett County will be responsible for operating all County owned equipment (fixed or mobile) to include but not

BL002-22 Page 3 limited to: valve operation, shutting off of any pump station, operation of drain valves, and fire hydrants or air relief valves.

E. QUANTITIES

Quantities shall be determined by the number of emergencies and are in no way a guarantee of work associated with this contract. The contract will be for “on demand” type services to provide for the requirements of Gwinnett County on an “as needed” basis as it is impossible to determine the exact quantities of items and the number of work assignments to be issued.

F. PAYMENT

All labor, materials, equipment, and subcontract work will be paid as bid. There will be no percentage markup other than that stated in the Bid Pricing Schedule, and only for work applicable to the services as defined in the bid documents.

1. Labor: Charges for labor (as bid in Items 1-18) shall include classifications through foremen when engaged in the actual and direct performance of the work. Payment shall not be made for such overhead personnel as assistant superintendents, office personnel, timekeepers, and maintenance mechanics.

Items will be paid as bid with no additional overhead.

All labor shall be billed at the hourly rates specified in items 1-18 as stated on the Bid Pricing Schedule.

Regular rates will apply during regular business hours (defined as M-F, 7 a.m.-6 p.m.). Overtime rates will apply during non-normal business hours (defined as M-F, 6 p.m. - midnight) and Saturdays (7 a.m. - 6 p.m.). Premium rates will apply during nights (defined as M-Sat., midnight - 7 a.m.); all hours on Sundays and all County recognized holidays.

The unit price wages as indicated on the Bid Pricing Schedule shall include the actual costs paid to or on behalf of workmen, by reason of fringe benefits, including but not limited to, social security contribution, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, sick leave, vacation, and holiday pay. Expenses of working after hours on holidays, or on Saturdays and Sundays, shall be included in overtime and premium wage rates.

2. Equipment: For equipment mobilized for work performed, the Contractor will be paid the equipment use rates described below and listed in the Bid Pricing Schedule as well as for the cost of transporting the equipment to the location of the work and its return to its original location, and for the cost of loading and unloading the equipment. Payment, however, will not be made for equipment the Contractor leaves idle at the work site after it is no longer being used or is no longer reasonably needed in the repair work.

The Contractor will be paid for the use of owned equipment based on an hourly rate, not exceeding the charges for such equipment set forth in the Blue Book Rental Rates for Construction Equipment (as published by Equipment Guidebook Company of Palo Alto, California). For bid purposes, this can be bid on a + or – (plus or minus) percentage of the actual Blue Book Rental Rate. All equipment must be in good operating condition. The hourly rates paid for owned equipment, shall include the cost of fuel, oil, lubricants, supplies, small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage and insurance.

If the nature of the repair or conditions encountered at the work site necessitates the use of rental equipment, the Contractor will be paid the actual cost of rented equipment, provided that the rental rate is comparable to the prevailing rental rates charged by rental companies in the Gwinnett County area for like equipment. For bid purposes, this can be bid on a + or – (plus or minus) percentage of the actual Rental Rate.

BL002-22 Page 4

3. Sub-contracted Work and Vendor Services: The Contractor shall conduct repair operations using his own labor, equipment, and materials to the greatest extent practical. Due to the unforeseen, immediate, and variable nature of emergencies, the need may arise for minor, but critical, services or items of work for which the Contractor is not licensed, skilled, or equipped.

In such circumstances, the Contractor may be authorized by the County’s representative to use the services of specialty subcontractors and third-party vendors. If the Contractor must subcontract construction-related specialty work or use the services of a third-party vendor in order to complete a repair, the Contractor shall provide the County’s authorized representative the subcontractor’s proposed cost of the work to be provided and obtain authorization from the County’s representative to proceed with the work. The Contractor will be paid based on invoices from the subcontractor or service provider plus percentage of cost mark up in accordance to the Bid Pricing Schedule. Work and services paid under this Section may include, but not be limited to, rental or installation of barricades, signs, safety fencing to establish a safe work zone and safeguard public safety; landfill fees for disposal of trash, broken pipe, and unsuitable backfill; concrete coring; metal fabrication; valve insertions under flow conditions; and replacement of topsoil, erosion control materials, sod, landscaping materials, or other surface improvements necessary to stabilize and restore the area disturbed during the work.

4. Compensation: The compensation as set forth in bid documents shall be received by Contractor as payment in full for work done. At the end of each repair, the Contractor and County’s representative shall compare records of work performed, including classification of all Contractor’s employees assigned to the work, materials used in the work, and equipment used.

No payment will be made for work performed on a repair until the Contractor furnishes the County itemized statements for the following items:

a. Labor: Name, classification, date, daily hours, total hours, and extension of each laborer, and foreman in accordance with bid schedule unit pricing.

b. Equipment: Size, type, identification number, dates, daily hours, total hours, extension of each unit of machinery and equipment, and/or rental rate.

b Materials: Quantities of supplies and materials, including transportation cost and extensions in accordance with bid schedule unit pricing.

c Invoices for all work subcontracted and/or rental equipment.

d Payments for items applicable shall be conditioned upon Contractor's presentation of original receipted invoices for materials used and transportation charges. If, however, the materials used in the work are not specially purchased for such work but are taken from Contractor's stock, then in lieu of the original invoices, the statements shall contain or be accompanied by an affidavit of Contractor which shall certify that such materials were taken from his stock, that the price and transportation of the material as claimed represent the actual cost in accordance with bid pricing schedule.

G. QUALIFICATIONS AND EXPERIENCE OF THE CONTRACTOR

The intent of this contract is to provide a means for the County to respond to sudden or unforeseen failures or malfunctions of existing water mains, their appurtenances; gravity sewer, their appurtenances; and all force mains. Such emergencies include open cut, removal and replacement of water mains due to breaks and leaks, interruptions of water distribution or transmission services, any work associated with sewer line failures, any work associated with force mains, failures resulting in danger to life, health, or property, or other imminent threats to the public health, safety, or well-being through sabotage, failure or malfunction of the existing water and /or sewer supply system. These specific requirements of Contractor qualifications and experience therefore pertain to this project:

Individual Projects authorized to utilize services resulting from this contract shall be on an as-needed basis.

BL002-22 Page 5

Contractor must demonstrate the following on the Reference Sheets provided:

1. The satisfactory completion of at least two (2) 48” or larger PCCP pipe repair and/or installation projects in the last five (5) years.

2. The satisfactory completion of at least two (2) 48” or larger DIP pipe repair and/or installation projects in the last five (5) years.

3. The satisfactory completion of 48” or greater RCP gravity sewer repair and/or installation projects.

4. The satisfactory completion of at least one (1) 48” or larger steel pipe repair or installation project within the last five (5) years.

5. Each of the projects listed must identify the individual pipeline material used, and each must specify the length or magnitude of the installation/repair.

6. Each of the projects listed must operate as: a potable water main, a raw water main, a pressurized sanitary sewer force main, a pressurized reuse water main, a gravity sanity sewer system or a combined sanitary sewer overflow system. Projects that operate solely as storm drain systems are specifically excluded.

7. At least 50% of the work will be performed by personnel employed by the Bidder/Contractor.

H. REFERENCES (Sheets provided to provide project information and qualifications)

Projects submitted as references for this project shall be of similar size and scope as described and within the technical specifications referenced herein. Describe projects in terms of degree of difficulty, problems encountered, etc., or any pertinent information that might be used to evaluate your firm’s qualification.

Gwinnett County reserves the right to reject a referenced project if the owner or engineer is dissatisfied within the performance of the applicant. A poor reference is grounds for disqualification. Gwinnett County reserves the right to request additional references rather than disqualify the bid.

All information requested shall be complete and accurate. The Bidder/Contractor hereby warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate, and complete. The Bidder/Contractor also acknowledges that the Owner is relying on the truth and accuracy of the responses contained herein. If it is later discovered that any material information given in response to a question was provided by the Bidder/Contractor, knowing it was false, it shall constitute grounds for immediate disqualification and/or termination or revision by the owner of any subsequent agreement between the Owner and the Applicant.

Bidder's/Contractor’s qualification WILL be determined based upon the information presented. All questions should be answered in full, without exception. Failure to do so may result in the Bidder/Contractor being deemed non-responsive and therefore may not be considered for qualification.

I. NO CONTACT CLAUSE

Individuals, firms and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.

BL002-22 Page 6

J. INSURANCE

The successful contractor will be required to provide a certificate of insurance per the requirements included in this document and will be required to maintain the same throughout the duration of the Contract. This includes not only the initial first year, but each successive term of renewal, as well. ‘

K. BONDS

A Bid Bond MUST be submitted with your Bid submittal, or your bid will be deemed non-responsive.

Therefore, you will be required to submit a bid bond (using the enclosed form) in the amount of $50,000.00.

Only the awarded contractor will be required to furnish Payment and Performance Bonds for the approximate amount of $500,000.00. This amount is being provided to assist in determining bonding capacity. The exact amount will be provided after award.

L. AWARD OF BID

Low bidder will be determined by applying the hourly pricing submitted by all contractors to a typical repair project previously completed and thus arriving at a fair basis for price comparison.

BL002-22 Page 7

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. Environmental Liability Insurance- $1,000,000

6. Gwinnett County Board of Commissioners 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.

BL002-22 Page 8

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.

Rev. 06/11

BL002-22 Page 9

REFERENCES

FAILURE TO RETURN THIS PAGE AS PART OF BID DOCUMENT MAY RESULT IN BID BEING DEEMED NON-RESPONSIVE.

Submitting Service Provider Name

PROJECT 1

Project Name:

Location:

Project Owner:

Address:

Contact Person:

Contact Phone Number:

Project Engineer:

Contract Bid Amount:

$ Final Contract Amount:

Contract Completion Time Established Days:

Actual Completion Days:

Contract Dates:

Notice to Proceed: Final Completion Date:

Does project operate as:

a potable water main, a pressurized sanitary force main, a gravity sanitary sewer system or a raw water main, a pressurized reuse water main, a combined sewer overflow system

Completed under the NPDES Permit for Storm Water Discharges from Construction Activities? Yes No

If Yes, indicate type of permit held by your company:

Primary Secondary Tertiary Permit#:

Key Project Personnel:

Percentage of work performed by personnel employed by Contractor? %

Description of Pipelines:

Pipe Size: Pipe Type: Pipe Length:

Pipe Size: Pipe Type: Pipe Length:

Pipe Size: Pipe Type: Pipe Length:

*attach additional sheets if necessary

BL002-22 Page 10

PROJECT 2

Does project operate as:

a potable water main, a combined sewer overflow system

Completed under the NPDES Permit for Storm Water Discharges from Construction Activities? Yes No

If Yes, indicate type of permit held by your company:

Pipe Size: Pipe Type: Pipe Length:

Pipe Size: Pipe Type: Pipe Length:

BL002-22 Page 11

PROJECT 3

Does project operate as:

a potable water main, a combined sewer overflow system

Completed under the NPDES Permit for Storm Water Discharges from Construction Activities? Yes No

If Yes, indicate type of permit held by your company:

Pipe Size: Pipe Type: Pipe Length:

Pipe Size: Pipe Type: Pipe Length:

BL002-22 Page 12

PROJECT 4

Does project operate as:

a potable water main, a combined sewer overflow system

Completed under the NPDES Permit for Storm Water Discharges from Construction Activities? Yes No

If Yes, indicate type of permit held by your company:

Pipe Size: Pipe Type: Pipe Length:

Pipe Size: Pipe Type: Pipe Length:

BL002-22 Page 13

PROJECT 5

Does project operate as:

a potable water main, a combined sewer overflow system

Completed under the NPDES Permit for Storm Water Discharges from Construction Activities? Yes No

If Yes, indicate type of permit held by your company:

Pipe Size: Pipe Type: Pipe Length:

Pipe Size: Pipe Type: Pipe Length:

BL002-22 Page 14

PROJECT 6

Does project operate as:

a potable water main, a combined sewer overflow system

Completed under the NPDES Permit for Storm Water Discharges from Construction Activities? Yes No

If Yes, indicate type of permit held by your company:

Pipe Size: Pipe Type: Pipe Length:

Pipe Size: Pipe Type: Pipe Length:

BL002-22 Page 15

WORK SHALL BE DONE AT VARIOUS LOCATIONS THROUGHOUT GWINNETT COUNTY.)

Item No. Description Approx. Qty. Hourly Rate

1 Foreman – Regular Man Hours 1 $

2 Foreman – Overtime Man Hours 1 $

3 Foreman – Premium Overtime Man Hours 1 $

4 Equipment Operator – Regular Man Hours 1 $

5 Equipment Operator – Overtime Man Hours 1 $

6 Equipment Operator – Premium Overtime Man Hours 1 $

7 Laborer – Regular Man Hours 1 $

8 Laborer – Overtime Man Hours 1 $

9 Laborer – Premium Man Hours 1 $

10 Pipe Layers – Regular Man Hours 1 $

11 Pipe Layers – Overtime Man Hours 1 $

12 Pipe Layers – Premium Overtime Man Hours 1 $

13 Plumber – Regular Man Hours 1 $

14 Plumber – Overtime Man Hours 1 $

15 Plumber – Premium Overtime Man Hours 1 $

16 Welder – Regular Man Hours 1 $

17 Welder – Overtime Man Hours 1 $

18 Welder – Premium Man Hours 1 $

19 Materials – Indicate a Percentage Rate % Above Actual Cost (not to exceed 10%) or Below Actual Cost + or - %

20 Owned Equipment – Indicate a Percentage Rate % Above Actual Cost (not to exceed 10%) or Below current Blue Book Rental Rates + or - %

21 Rented Equipment – Indicate a Percentage Rate % Above Actual Cost (not to exceed 10%) or Below current Blue Book Rental Rates + or - %

22 Sub-contracted work – Indicate a Percentage Rate Above Actual Cost (not to exceed 10%) actual cost % + %

Budget amount for this contract is subject to appropriation of funds.

BL002-22 Page 16

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

Addendum No. Date Addendum No. Date

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

Contract to begin March 3, 2022 or upon award, whichever is later.

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

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

1st Renewal Period 2nd Renewal Period

3rd Renewal Period 4th Renewal Period

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

1st Renewal Period 2nd Renewal Period

3rd Renewal Period 4th Renewal Period

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/

BL002-22 Page 17

Gwinnett County, Georgia

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a

(Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Gwinnett County Board of Commissioners (Name of Obligee)

75 Langley Drive, Lawrenceville, Georgia 30046 (Address of Obligee)

Thereinafter referred to as Obligee: in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to Gwinnett County, Georgia, a proposal for furnishing materials, labor, and equipment for:

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Gwinnett County, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Gwinnett County, Georgia, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Gwinnett County, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Gwinnett County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

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Gwinnett County, Georgia

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed and dated this day of , A.D., 20 .

ATTEST:

(Principal)

(Principal Secretary)

By:

(SEAL)

(Address)

(Witness as to Principal)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent

(Witness as to Surety)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

Principal Secretary, Principal and Witness as to Principal signature lines must be signed by three different individuals. Additionally, Resident or Nonresident Agent, Witness as to Surety, and Attorney-in-fact must be signed by three different individuals.

Bid # & Description BL002-22, Emergency Repair Services for Water and Sewer Mains 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

7.14.17

Solicitation Name & No. Emergency Repair Services for Water and Sewer Mains on an Annual Contract, BL002-22

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Reform

Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Gwinnett County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the Gwinnett County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Gwinnett County Board of Commissioners at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 201__

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

For Gwinnett County Use Only:

Document ID #___________________

Issue Date: ______________________

Initials: _________________________

BL002-22 Page 21

“SAMPLE” ANNUAL SERVICE PROVIDER CONTRACT

EMERGENCY REPAIR SERVICES FOR WATER AND SEWER MAINS ON AN ANNUAL CONTRACT

This CONTRACT made and entered into this day of , 20__ by and between Gwinnett County, Georgia (Party of the First Part, hereinafter called the "County"), and, (Party of the Second Part, hereinafter called the "Service Provider").

NOW THEREFORE, for and in consideration of the mutual promises and obligations contained herein and under the conditions hereinafter set forth, the parties do hereby agree as follows:

1. TERM:

This contract shall commence , for a one-year period with one option to renew for an additional one-year period.

2. ATTACHMENTS:

This Contract shall consist of the Service Provider's bid/proposal and all Invitations to Bid/Proposals including all drawings, specifications, price lists, Instructions to Bidders, General Conditions, Special Provisions, Detailed Specifications, addenda, and change orders issued after execution of the Contract (hereinafter collectively referred to as the "Bid"), which are specifically incorporated herein by reference (Exhibit A). In the event of a conflict between the County's contract documents and the Service Provider’s bid/proposal, the County's contract documents shall control.

3. PERFORMANCE:

Service Provider agrees to furnish all skill and labor of every description necessary to carry out and complete in good, firm and substantial, workmanlike manner, the work specified, in strict conformity with the Bid.

4. PRICE:

As full compensation for the performance of this Contract, the County shall pay the Service Provider for the actual quantity of work performed. Bid amount shown on Exhibit A is the total obligation of the County pursuant to OCGA section 36-60-13 (a) (3). The fees for the work to be performed under this Contract shall be charged to the County in accordance with the rate schedule referenced in the Bid (Exhibit A). The County agrees to pay the Service Provider following receipt by the County of a detailed invoice, reflecting the actual work performed by the Service Provider.

5. INDEMNIFICATION AND HOLD HARMLESS:

Service Provider agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors, or omissions of the Service Provider. Service Provider's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

Service Provider further agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the Service Provider.

BL002-22 Page 22

6. TERMINATION FOR CAUSE:

The County may terminate this Contract for cause upon ten (10) days prior written notice to the Service Provider of the Service Provider's default in the performance of any term of this Contract. Such termination shall be without prejudice to any of the County's rights or remedies provided by law.

7 TERMINATION FOR CONVENIENCE:

The County may terminate this Contract for its convenience at any time upon 30 days written notice to the Service Provider. In the event of the County's termination of this Contract for convenience, the Service Provider will be paid for those services actually performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider who shall itemize each element of performance.

8. CONTRACT NOT TO DISCRIMINATE:

During the performance of this Contract, the Service Provider will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, or disability which does not preclude the applicant or employee from performing the essential functions of the position. The Service Provider will also, in all solicitations or advertisements for employees placed by qualified applicants, consider the same without regard to race, creed, color, sex, national origin, age, or disability which does not preclude the applicant from performing the essential functions of the job. The Service Provider will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subservice provider, providing that the foregoing provisions shall not apply to contracts or subservice providers for standard commercial supplies of raw materials.

9. ASSIGNMENT:

The Service Provider shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous consent of the County in writing.

10. WAIVER:

A waiver by either party of any breach of any provision, term, covenant, or condition of this Contract shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition.

11 SEVERABILITY:

The parties agree that each of the provisions included in this Contract is separate, distinct and severable from the other and remaining provisions of this Contract, and that the invalidity of any Contract provision shall not affect the validity of any other provision or provisions of this Contract.

12. GOVERNING LAW:

The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia. This Contract has been signed in Gwinnett County, Georgia.

13. MERGER CLAUSE:

The parties agree that the terms of this Contract include the entire Contract between the parties, and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this Contract.

(Signatures Next Page)

BL002-22 Page 23

IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized agents, have caused this CONTRACT to be signed, sealed and delivered.

GWINNETT COUNTY, GEORGIA

Nicole L. Hendrickson, Chairwoman Gwinnett County Board of Commissioners

Signature

Diane Kemp, County Clerk Board of Commissioners

APPROVED AS TO FORM:

Signature Gwinnett County Staff Attorney

SERVICE PROVIDER:

BY:

Signature

Print Name

Title

Signature

Print Name Corporate Secretary (Seal)

BL002-22 Page 24

BOND #

PAYMENT BOND

a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Gwinnett County Board of Commissioners (Name of Obligee)

75 Langley Drive, Lawrenceville, Georgia 30046 (Address of Obligee) hereinafter called Obligee;

for the use and protection of all subcontractors and all persons supplying labor, services, skill, tools, machinery, materials and/or equipment in the prosecution of the work provided for in the contract hereinafter referred to in the full and just sum of

Dollars

($ ) in lawful money of the United States, for the payment of which sum, will and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee.

NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well, truly, and faithfully perform said Contract according to its terms, covenants, and conditions, and shall promptly pay all persons furnishing labor, materials services, skill, tools, machinery and/or equipment for use in the performance of said Contract, then this obligation shall be void; otherwise it shall remain in full force and effect.

ALL persons who have furnished labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract shall have a direct right of action on this Bond, provided payment has not been made in full within ninety (90) days after the last day on which labor was performed, materials, services, skill, tools, machinery, and equipment furnished or the subcontract completed.

BL002-22 Page 25

PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder.

PROVIDED, HOWEVER, that no suit or action shall be commenced hereunder by any person furnishing labor, materials, services, skill, tools, machinery, and/or equipment having a direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the Principal:

Unless such person shall have given notice to the Principal within ninety (90) days after such person did, or performed the last of the work or labor, or furnished the last of the materials, services, skill, tools, machinery and/or equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, services, skill, tools, machinery and/or equipment were furnished, or for whom the work or labor was done or performed.

Such a notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer, and a copy of such notice shall be delivered to the Obligee, to the person and at the address provided for in the Contract, within five (5) days of the mailing of the notice to the Principal.

PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year after the acceptance of the public works covered by the Contract by the proper authorities.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A.