PA014_26 INV.pdf

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Attached to
PA014-26 Supplement Provision of Water Quality Analytical Services on an Annual Contract
Solicitation number
PE-77023-NONST-2027-000000717
Issued by
Gwinnett County, Georgia

About this file

This is an Invitation to Quote (ITQ) issued by Gwinnett County, Georgia, Department of Water Resources, soliciting competitive quotes for supplement provision of water quality analytical services on an annual contract with four renewal options. The County seeks qualified laboratory service providers to perform analytical services on potable water and surface water samples for eleven analytes, including taste and odor compounds (MIB and Geosmin) and cyanobacterial toxins (Anatoxin-a, Cylindrospermopsin, and various Microcystin and Nodularin variants). Estimated annual quantities range from 5 to 180 discrete sample analyses depending on the analyte. The quote submission deadline is 3:00 P.M. on September 4, 2026, with questions due no later than 3:00 P.M. on September 1, 2026. Both should be directed to Jenny Coleman, Purchasing Associate II, via email at Jenny.Coleman@GwinnettCounty.com or by mail to the Purchasing Division. The initial contract term extends through December 14, 2026, with four optional one-year renewal periods. Award will be made to the lowest responsive and responsible bidder, and the County reserves the right to split awards or negotiate with the lowest bidder at its discretion.

Bidders must provide unit pricing for all analytical services inclusive of sample collection bottles, shipping materials, overnight return shipping via FedEx or UPS, and analysis costs. The awarded laboratory must be certified by the National Environmental Laboratory Accreditation Program (NELAP), Department of Defense (DOD), and/or American Association for Laboratory Accreditation (A2LA), and must comply with Georgia Environmental Protection Agency (EPA) approval for wastewater/ambient stream/stormwater analyses under Georgia Rules and Regulations for Water Quality Control. Preliminary analytical results must be provided on the same day of sample receipt, with finalized reports delivered within twenty-eight calendar days in both Adobe PDF and Microsoft Excel formats. Successful vendors must maintain Commercial General Liability insurance with minimum $2,000,000 general aggregate limits, Automobile Liability of $1,000,000 combined single limit, Workers' Compensation at Georgia statutory limits, and an Umbrella/Excess Liability policy appropriate to contract value, all with A.M. Best ratings of A-7 or higher. The County must be named as an additional insured on all liability policies. All bidders must submit completed Quote Schedules, References, E-Verify Forms, Contractor Affidavit and Agreement, and comply with the Illegal Immigration Reform Enhancements for 2013 by participating in the federal E-Verify work authorization program.

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PA014-26

August 28, 2026

INVITATION TO QUOTE

PA014-26

Gwinnett County is soliciting competitive quotes from qualified service providers for the Supplement Provision of Water Quality Analytical Services on an Annual Contract with four (4) renewal options for the Department of Water Resources.

Quotes should be typed or submitted in ink and returned to the attention of Jenny Coleman, Purchasing Associate II. Quotes should be received by 3:00 P.M., September 4, 2026 via email at Jenny.Coleman@GwinnettCounty.com or sent to Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046.

Questions regarding quotes should be directed to Jenny Coleman via e-mail at Jenny.Coleman@GwinnettCounty.com or calling 770-822-8734 no later than 3:00 P.M., September 1, 2026. Quotes are legal and binding upon the bidder when submitted.

Successful service providers will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-7 or higher.

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

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

Award will be made to the service provider submitting the lowest responsive and responsible quote.

Gwinnett County reserves the right to reject any or all quotes, to waive technicalities, and to make an award deemed in its best interest. Quotes 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.

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

Jenny Coleman Purchasing Associate II

The following pages should be returned with your bid: Quote Schedule, Pages 7-8 References, Page 9 E-Verify Form, Page 16 mailto:Jenny.Coleman@GwinnettCounty.com

PA014-26 Page 2

GENERAL REQUIREMENTS

I. SCOPE

A. The Awarded Laboratory shall be required to perform analytical services on potable water and surface water samples, as required, for the Gwinnett County Department of Water Resources (DWR). Unit pricing must include all costs associated with this purchase including but not limited to all shipping costs (material, delivery, and overnight return). The awarded lab(s) will provide appropriate sample collection bottles, shipping materials, shipping costs, analytical services, and other related supplies and services described or reasonably implied herein. Gwinnett County Department of Water Resources (DWR) staff will collect discrete water samples in the awarded service provider’s provided sample collection bottles, package the bottles in the awarded service provider’s provided shipping materials with prepaid shipping labels provided by the awarded laboratory, and deliver the package to a commercial shipping company for delivery to the awarded service provider’s laboratory facility. Upon receipt, the awarded service provider shall analyze each sample for the requested analytes, including:

• MIB (CAS No. 2371-42-8)

• Geosmin (CAS No. 19700-21-1)

• Anatoxin-a (CAS No. 64285-06-9)

• Cylindrospermopsin (CAS No. 143545-90-8)

• Microcystin-LA (CAS No. 96180-79-9)

• Microcystin-LF (CAS No. 154037-70-4)

• Microcystin-LR (CAS No. 101043-37-2)

• Microcystin-LY (CAS No. 123304-10-9)

• Microcystin-RR (CAS No. 111755-37-4)

• Microcystin-YR (CAS No. 101064-48-6)

• Nodularin (CAS No. 118399-22-7)

B. All analyses should be performed in accordance with successful service provider’s standard analytical procedures for these analytes. The successful service provider should prepare a report which summarizes the analytical results and deliver the report to the County.

C. Analyses and Minimum Reporting Limits: All samples shall be analyzed by service provider for the requested analytes. The awarded service provider should use industry standard procedures and methods for all phases of the work, including but not limited to document control, storage and handling, preservation, analysis, quality assurance and quality control, data management, and data reporting. Analytical methods used by the awarded service provider shall meet or exceed the requirements associated with the following reference methods and shall meet the required minimum reporting limit identified herein for each analyte.

The required minimum reporting limits identified herein shall take precedence over the minimum reporting limits established by the reference method. Any service provider who cannot meet these criteria will be deemed non-responsive.

D. Quality Assurance and Quality Control: The awarded service provider should follow all industry standard quality assurance and quality control procedures throughout the execution of the work. The awarded service provider should provide quality assurance and quality control documentation associated with this work upon request.

E. Qualifications: The awarded service provider’s laboratory facility in which the analyses are performed, and the analytical method(s) utilized for the analyses, shall be certified by the National Environmental Laboratory Accreditation Program (NELAP), Department of Defense (DOD), and/ or American Association for Laboratory Accreditation (A2LA). Any service provider who do not possess these certifications will be deemed non-responsive.

PA014-26 Page 3

F. Reporting: The awarded service provider should provide the County with preliminary analytical results for all samples on the same day of sample receipt to the email address provided. A finalized report should be provided within twenty-eight (28) calendar days after receipt. Finalized results shall be provided to the County in an electronic format. Two electronic file types shall be provided: Adobe (.pdf) and Microsoft Excel (.xls or .xlsx).

G. Sample Kits and Shipping: Prior to each sampling event, the County will provide the awarded service provider with the number of discrete samples to be collected during the sampling event and the analyses to be performed on each sample. To provide flexibility and to facilitate multiple sample events, the County may request the awarded service provider to prepare and deliver multiple sample kits at one time. The awarded service provider should prepare and deliver the requested number sample kits to the County within seven (7) calendar days of the County’s request. While it is anticipated that all sample kits will be delivered to one of the following County facilities, the County will confirm the delivery address and point of contact for each sample kit at the time of request. The awarded service provider’s pricing shall include all shipping costs (delivery and overnight return) using either Federal Express (FedEx) or United Parcel Service (UPS).

Any changes to the sampling events will be coordinated between the County and the awarded service provider.

Potential Sample Kit Delivery Locations

Delivery will be F.O.B. Destination to the following locations: (Subject to change through the life of the contract, locations may be added and deleted in writing as necessary):

Water Resources Laboratory 1510 One Water Way Buford, GA 30519

Gwinnett County Department of Water Resources 684 Winder Highway Lawrenceville, GA 30045

Shoal Creek Filter Plant 1755 Buford Dam Road Buford, GA 30518

Lanier Filter Plant 2590 South Waterworks Road Buford, GA 30518

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

Crooked Creek Water Reclamation Facility 6557 Plant Drive Norcross, GA 30092

Yellow River Water Reclamation Facility 858 Tom Smith Road Lilburn, GA 30047

H. Number of Samples/Individual Sample Kits: The estimated number of discrete samples for each analyte is summarized in the quote schedule, along with the requested reporting limit, if applicable. Please note that the referenced quantities are estimates. There is no guarantee the County will collect or ship the estimated number of samples to the awarded service provider for analysis. The County will only pay for analytical results of shipped samples and for analytical results that comply with all established quality assurance and quality control procedures. Quantities are approximate. Analyses will be requested on an “as needed” basis by DWR.

II. LABORATORY ANALYTICAL SERVICES AND REQUIREMENTS

A. Gwinnett County requires adherence to the correct holding times found in the applicable EPA-approved method. It will be the Awarded Laboratories' responsibility to analyze the sample(s) within the appropriate holding times.

B. “Turnaround Time” is defined as that period of elapsed time between the date of delivery of the sample to

PA014-26 Page 4 the Laboratory and the date that the analyte result is emailed to DWR. All notifications shall be via e-mail and shall be sent to the specified DWR division representatives. A list of the representatives will be provided to the awarded lab(s).

C. The Awarded Laboratories must meet the requested turnaround times.

D. An Awarded Laboratory that fails to meet any obligation under this contract will be notified via e-mail that the first violation has been noted and recorded. Upon identification of a second violation, the Awarded laboratory will receive a final notice of violation and be reminded that any subsequent violations will result in the third violation sanctions described immediately below. For a third or other subsequent violation, DWR may require the rewriting of the Quality Control/Quality Assurance manual (Section D) to address the cause of the violation and prevent a recurrence. DWR will have up to 10 business days to review/comment/approve the rewritten QA/QC manual.

E. Gwinnett County reserves the right to inspect the premises and view the equipment, raw data, and quality assurance documentation at any time after quotes are received and/or during the term of the contract.

F. The Awarded Lab(s) shall comply with the approved chain of custody procedures. A copy of the fully completed chain of custody documents will be supplied by the contracted lab along with the analysis results.

G. Gwinnett County requires that samples be held a minimum of 90 days after completion of requested analysis.

H. Specified Georgia Environmental Protection Agency (EPA) method detection limits, and method detection limits noted in the Quote Schedule must be met.

I. Unless otherwise stated, all analyses must be performed in accordance with techniques and methods approved by the US Environmental Protection Agency as found in 40 CFR 136 (CWA), 40 CFR 141 (SDWA) and 40 CFR 503 (RCRA). The analytical methods used must be sufficiently sensitive and applicable to the concentration ranges of the samples.

J. The Awarded Laboratory will furnish the appropriate sample containers, the cost of which is to be included in the “TURNAROUND TIME UNIT PRICE (SAME DAY)” provided on the attached quote schedule.

III. CERTIFICATION AND ACCREDITATION REQUIREMENTS

A. Certification/Accreditation for analyses associated with wastewater/ambient stream/stormwater samples.

B. The Awarded Laboratory, and any subcontracted laboratory, must be approved by GA EPD to perform analyses for the purposes to meet the Georgia Rules and Regulations for Water Quality Control (GA Rule 391-3-6). This approval may be met by the Awarded Laboratory meeting either one of the following requirements: accredited for wastewater/ambient stream/stormwater analyses by an EPA approved accrediting agency as listed at the EPA website, OR certified for wastewater/ambient stream/stormwater analyses by a primacy State as noted on the EPA website. The Awarded Laboratory shall at a minimum supply a copy of the Accreditation/Certification annually or anytime there is a change made to the Georgia Rules and Regulations for Water Quality Control (GA Rule 391-3-6).

C. The Awarded Laboratory, and any subcontracted laboratory, shall be certified to analyze the parameters included in the Quote Schedule, in accordance with the analytical procedures in Georgia Rules and Regulations for Water Quality Control (GA Rule 391-3-6), and Georgia Rules and Regulations for Hazardous

PA014-26 Page 5

Waste Management (GA Rule 391-3-11).

D. The Awarded Laboratory, and any subcontracted laboratory, shall comply with GA Rules and Regulations for Commercial Environmental Laboratories (GA 391-3-26).

IV. QUALITY CONTROL/ASSURANCE DOCUMENTATION

A. The Awarded Laboratory, and any subcontracted laboratory, should supply a current Quality Control/Quality Assurance Manual with their quote.

B. The Awarded Laboratory, and any subcontracted laboratory, should supply a current Quality Control/Quality

Assurance Manual annually and whenever a major revision occurs.

C. The Awarded Laboratory, and any subcontracted laboratory, should supply with their quote and should provide annually thereafter results of Water Supply and Water Pollution proficiency testing for all contracted analytes.

V. DOCUMENTS AND INVOICES

The Awarded Laboratory is required to submit invoices, along with analysis results, to the DWR employee(s) and specific DWR workgroup that requested the work, which will be specified on the Chain of Custody submitted with the sample. The Awarded Laboratory will use the following addresses for submittal of analysis results and invoices. The contact information, per location, will be provided to the awarded lab(s).

DWR, Industrial Pretreatment Program Gwinnett County Department of Water Resources 684 Winder Highway Lawrenceville, GA 30045

DWR, Water Resources Laboratory Gwinnett County Water Resources Laboratory 1510 One Water Way Buford, GA 30519

DWR, Research Team Gwinnett County Department of Water Resources 684 Winder Highway Lawrenceville, GA 30045

VI. LABORATORY REPORT FORMAT AND CONTENTS

A. The results of each test, or series of tests carried out by the Awarded Laboratory, and any subcontracted laboratory, shall be reported accurately, clearly, unambiguously, and objectively.

B. The results will be reported in a test report and should include, as a minimum, the following items:

1. A title, e.g. “Test Report”, “Analytical Report”, etc.

2. Name and address of any laboratory, and the location where the tests were performed.

3. Unique identification of the test report (e.g. serial number, project number), total number of pages, and on each page an identification in order to ensure that the page is recognized as a part of the test report (e.g. 3 of 10).

PA014-26 Page 6

4. Name and address of the requesting DWR workgroup.

5. Identification of the test method used.

6. Date and time of receipt of sample, date and time (where provided) of sample collection, date(s) of performance of test, date(s) and time(s) of sample preparation and/or analysis.

7. Date report is issued.

8. A printed name, signature and title of the person(s) accepting responsibility for and certifying the content of the report and the completion of the analysis in conformance of all applicable standards.

9. Clear identification of all test data provided by outside sources, such as subcontracted laboratories.

C. When necessary, data will be qualified in accordance with Standard Methods for the Examination of Water and Wastewater (most current approved edition), Table 1020: II.

D. If a State Form is required, all results will be reported on the forms required by the state. If a Federal Form is required, all results will be reported on the forms required by the Federal Agency.

VII. REPORTING LEVELS

A. The Awarded Laboratory, and any subcontracted laboratory, should provide the method detection limit (MDL) as determined in accordance with 40 CFR 136 app. B.

B. Unless otherwise instructed, all analytical results must be reported as follows:

1. Report results below the MDL as "not detected" ("ND").

2. Report results between the MDL and PQL with qualification for quantification (as stated in section

6.2.10).

3. Report results above the PQL with the actual value.

C. Data shall be flagged in accordance with section 6.2.10.

VIII. ADDITION OR DELETION OF SAMPLE TESTS

The Department of Water Resources reserves the right to add and/or delete tests during the term stated in this Quote document which become required or cease to be required by government regulations, laws, or ordinances, or that may be required in order for the Department of Water Resources to remain in compliance, or for the County to protect the health and safety of the public. A fair price for such additional tests will be determined through mutual agreement in line with generally accepted market pricing between the Awarded Laboratory and the Department of Water Resources. If a fair price cannot be agreed to, the County retains the right to rebid the contract as a whole or in part or to purchase new testing outside the contract.

VIV. AWARD

Award will be made to the service provider(s) submitting the lowest responsive and responsible quote(s). Gwinnett County reserves the right to reject any or all quotes, to waive technicalities, and to make an award deemed in its best interest. Quotes may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms and conditions with the lowest responsive, responsible bidder at its discretion.

PA014-26 Page 7

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

QUOTE SCHEDULE

ITEM

DESCRIPTION

(ANALYTE) METHOD

REQUIRED

MINIMUM

REPORTING

ESTIMATED

ANNUAL QTY

(EACH)

TURNAROUND

TIME UNIT

PRICE

(SAME DAY)

TOTAL PRICE

TASTE AND ODOR

1 MIB Standard Method 6040D 2 ng/L 180 EA $ $

2 Geosmin Standard Method 6040D 2 ng/L 180 EA $ $

3 Anatoxin-a EPA Method 545 0.02 ug/L 6 EA $ $

4 Cylindrospermopsin EPA Method 545 0.05 ug/L 6 EA $ $

5 Microcystin-LA EPA Method 544 0.1 ug/L 6 EA $ $

6 Microcystin-LF EPA Method 544 0.1 ug/L 6 EA $ $

7 Microcystin-LR EPA Method 544 0.1 ug/L 6 EA $ $

8 Microcystin-LY EPA Method 544 0.1 ug/L 5 EA $ $

9 Microcystin-RR EPA Method 544 0.1 ug/L 6 EA $ $

10 Microcystin-YR EPA Method 544 0.1 ug/L 6 EA $ $

11 Nodularin EPA Method 544 0.1 ug/L 6 EA $ $

QUOTE TOTAL $

Service Provider Name

PA014-26 Page 8

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

QUOTE 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 quote non-responsive. Contract to begin upon notification of award. The initial term of this Agreement shall be through December 14, 2026. 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 bid, please note this in the space provided together with an explanation.

1st Renewal % 2nd Renewal %

3rd Renewal % 4th Renewal %

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

1st Renewal % 2nd Renewal %

3rd Renewal % 4th Renewal %

Certification of Non-Collusion in Quote Preparation Signature Date

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

Addendum No. Date Addendum No. Date

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

In compliance with the attached specifications, the undersigned offers and agrees, within ninety (90) days of the date of quote 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 quote schedule.

Legal Business Name

Address

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

Representative Signature

Printed Name

Telephone Number Fax Number

Email Address

PA014-26 Page 9

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

REFERENCES

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

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

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

PA014-26 Page 10

GWINNETT COUNTY, GEORGIA

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project.

I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS

TYPE OF WORK

PA014-26 Page 11

GWINNETT COUNTY

FINANCIAL SERVICES │ RISK MANAGEMENT

VENDOR INSURANCE REQUIREMENTS

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners.

The Contractor and their Subcontractor’s/vendor’s Certificates of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification, or non-renewal of any insurance policy listed on the certificate(s).

Upon request, the County will be provided certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

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

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

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

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

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

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

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

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

Automobile Liability to include:

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

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

PA014-26 Page 12

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

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

• Coverage to include loading and unloading

• Contractual Liability

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

Workers Compensation Georgia State Statutory Limits Employers Liability

Bodily Injury by Accident – Each Accident $ 500,000 Bodily Injury by Disease – Policy Limit $ 500,000

Bodily Injury by Disease – Each Employee $ 500,000

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

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

Contract Sums:

Contracts up to $999,999

Each Occurrence and Aggregate Limit $1,000,000

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

$3,000,000

Contracts from $2,000,000 to $4,999,999

$5,000,000

Contracts Over $5,000,000

$10,000,000

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

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

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

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

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

• Gwinnett County Board of Commissioners shall be Additional Insureds.

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

• Such coverage shall include an owner coverage endorsement for County and County shall be included as a loss payee.

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

PA014-26 Page 13

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

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

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

Property Insurance:

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s work.

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

Riggers Liability Insurance:

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

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

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

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

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

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

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

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an

Additional Insured on General Liability, Auto Liability and Umbrella Liability policies.

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

D. Certificate Holder should read:

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

PA014-26 Page 14

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

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

Insurance and Safety Fire Commissioner of Georgia ("Insurance Commissioner"), with the exception of non-admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner.

All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non-resident.

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

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

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

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

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

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the County.

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

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

O. Compliance by the Contractor and Subcontractors with the foregoing insurance requirements shall not relieve the

Contractor and Subcontractors of liability under the Contract and any applicable law.

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

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

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

PA014-26 Page 15

Surety Bonds (if required) All of the surety requirements will stay the same except the Surety Company must have the same rating as set forth in item E above.

PA014-26 Page 16

Solicitation Name & No. PA014-26 Supplement Provision of Water Quality Analytical Services on an Annual Contract

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL)

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

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

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

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: ___________________________

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S.

Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

For Gwinnett County Use Only:

Document ID #________________

Issue Date: ___________________

Initials: ______________________

PA014-26 Page 17

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

Buyer Initials: JC

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

SERVICE PROVIDER NAME

AUTHORIZED REPRESENTATIVE

SIGNATURE

PA014-26 Page 18

DEPARTMENT OF FINANCIAL SERVICES │ PURCHASING

GENERAL INSTRUCTIONS FOR VENDORS,

TERMS AND CONDITIONS

***ATTENTION***

FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN SUBMITTAL BEING DEEMED NON-

RESPONSIVE AND AUTOMATIC REJECTION. THE COUNTY SHALL BE THE SOLE DETERMINANT OF

TECHNICALITY VERSUS NON-RESPONSIVE SUBMITTAL:

1. FAILURE TO USE COUNTY FEE SCHEDULE.

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

3. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION OR ALTERNATES OR EQUIVALENTS.

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

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

SOLICITATIONS. BOND REQUIREMENTS ARE CLEARLY STATED ON THE INVITATION PAGE. IF

CLARIFICATION IS NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN THE

INVITATION. IF BONDS ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS SOLICITATION

DOCUMENT.

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

RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND REJECTED. THE CONTRACTOR

AFFIDAVIT AND AGREEMENT IS NOT REQUIRED ON ALL SOLICITATIONS. IF CLARIFICATION IS

NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION.

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

BEING DEEMED NON-RESPONSIVE AND REJECTED. THE ETHICS AFFIDAVIT IS REQUIRED ON ALL

FORMAL SOLICITATIONS OVER $100,000.00. IF CLARIFICATION IS NEEDED, CONTACT THE

PURCHASING ASSOCIATE LISTED IN THE INVITATION.

PA014-26 Page 19

I. PREPARATION OF SUBMITTAL

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

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

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

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

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

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

II. DELIVERY

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

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

III. EXPLANATION TO VENDORS

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

PA014-26 Page 20

GENERAL INSTRUCTIONS FOR VENDORS,

TERMS AND CONDITIONS

submittal. It is the vendor’s responsibility to ensure they have all applicable addenda prior to their submittal. This may be accomplished by contacting the assigned Purchasing Associate prior to the submittal or visiting GwinnettCounty.com.

IV. SUBMISSION OF FORMAL OFFERS/SUBMITTALS

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

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

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

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

E. Full identification of each item submitted, including brand name, model, catalog number, etc. must be furnished to identify exactly what the vendor is offering. Manufacturer’s literature may be furnished, but vendor should not submit excessive marketing material.

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

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

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

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

V. WITHDRAWAL DUE TO ERRORS

Vendors must give Gwinnett County Purchasing Division written notice within two (2) business days of completion of the opening stating that they wish to withdraw their submittal without penalty for an obvious clerical or calculation error. Submittal may be withdrawn from consideration if the price was substantially lower then the other submittals due solely to a mistake therein, provided pricing was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetic error on an unintentional omission of a quantity of work, labor, or material made directly in the compilation of the submittal. The unintentional arithmetic error or omission can be clearly proven through inspection of the original work papers, documents, and https://gwinnettboc-my.sharepoint.com/personal/jenny_coleman_gwinnettcounty_com/Documents/Work/www.GwinnettCounty.com

PA014-26 Page 21

GENERAL INSTRUCTIONS FOR VENDORS,

TERMS AND CONDITIONS

materials used in preparing the submittal sought to be withdrawn. The vendor’s original work papers shall be the sole acceptable evidence of error and mistake if a vendor elects to withdraw their submittal. If a quote or bid submittal is withdrawn under the authority of this provision, the lowest remaining responsive offer shall be deemed to be low bid. No vendor who is permitted to withdraw their submittal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid or proposal was submitted.

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

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

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 that fails to meet the specifications, shall be borne by the vendor.

VII. F.O.B. POINT

Unless otherwise stated in the request for invitation and any resulting contract, or unless qualified by the vendor, items shall be shipped F.O.B. Destination, Freight Prepaid, and Allowed. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and 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 vendor guarantees to hold the County, its agents, officers, or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented, or unpatented invention, articles, or appliances furnished or used in the performance of the contract, for which the vendor is not the patentee, assignee, or licensee.

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

PA014-26 Page 22

X. DISCOUNTS

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

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

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

XI. AWARD

A. Award will be made to either the highest scoring firm (for proposals) or the lowest responsive and responsible vendor (for quotes/bids). The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award. The County may make such investigations as it deems necessary to determine the ability to the vendor to perform, and the vendor shall furnish to the County all such information and data for this purpose as the County may request.

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