PA037-22 Inv

July 8, 2022

INVITATION TO QUOTE

PA037-22

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified service providers for Analog Video Surveillance Repair, Replacement and Maintenance on an Annual Contract with four (4) additional one-year options to renew for Various Gwinnett County Departments.

Quotes should be received by June 15, 2022 by email to christopher.duncan@gwinnettcounty.com, fax (770-822-8735) or sent to the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046.

Questions regarding quotes should be directed to Chris Duncan, Purchasing Associate III, at christopher.duncan@gwinnettcounty.com . Quotes are legal and binding upon the quoter when submitted.

Successful service provider will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-5 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to Susan Canon, 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 quoter(s) at its discretion.

All companies submitting a quote will be notified in writing of award.

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

Chris Duncan, CPPB Purchasing Associate III

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

Quote Schedule, Pages 6-7 References, Page 8

List of Subcontractors, Page 9 E-Verify, Page 10 mailto:christopher.duncan@gwinnettcounty.com mailto:christopher.duncan@gwinnettcounty.com

PA037-22 Page 2

I. SCOPE AND REQUIREMENTS

The Gwinnett County Board of Commissioners is soliciting pricing from qualified service providers to provide repair, replacement and maintenance services on existing analog video surveillance systems at various County facilities. The scope and requirements for the services are described below.

A. Scope of Services

The service provider will provide repair, replacement and maintenance services of existing analog video surveillance systems and components on an as-needed basis in response to service requests issued by the County Representative. These services may include the purchase of equipment and components needed for repairs and replacements. The service provider shall provide all supervision, labor, transportation, equipment, parts, materials, and supplies needed to complete the repairs and replacements.

B. Equipment List

The service provider will be responsible for repairs and replacement services at all facilities with analog video surveillance systems under the management of various County Departments. These facilities are dispersed throughout the County. Below is a brief equipment list. This list is not all-inclusive and is only intended to provide an overview of the number and types of video surveillance systems and equipment items covered under this agreement. As mentioned above, the County is transitioning from an analog based video surveillance system to a digital based video surveillance system and this contract is primarily focused on the analog components.

DESCRIPTION APPROXIMATE QUANTITY

Pelco CM9700 Matrix Switch System 1 Pelco DX8000/8100 Digital Video Recorder 25 Pelco CM6700 Matrix Switch System 1 Bosch LTC8800 Matrix Switch System 1 Monitors 20 Various Cameras (PTZ, Fixed, Lenses, Enclosures, Mounts) 100

Power Supplies 30 Miscellaneous Camera and Control Equipment Unknown

C. Service Requests

Service requests may be submitted by telephone and/or e-mail. As described in more detail below, service request work exceeding $1,000 and special replacement projects should be documented by the service provider’s written proposals and the associated written authorizations of the County.

D. Availability and Response Time

The security of County facilities and surrounding property is critical for Gwinnett County. Service provider shall be available on a 24-hours/7-days-a-week basis to respond to service requests and/or perform authorized work. The service provider shall respond to all service requests within 24 hours. Same day service is preferred if possible. The County Representative will indicate if a service request is an emergency that needs prompt attention. In emergency situations the service provider is expected to respond on site within four (4) hours. Standard service requests and special projects will be scheduled at times convenient for the County and service provider, but typically the service provider will be expected to start within 24 hours of the receipt of the service request or written authorization as applicable. Response time is a critical requirement of the contract, and the service provider’s failure to adhere to this requirement may be considered non-performance.

E. Normal Business Hours/Overtime Rates

Normal business hours are defined as 7:00 AM to 6:00 PM, Monday through Friday, excluding County holidays. The service provider shall charge basic hourly rates for all work or services during normal business hours. The service provider may charge overtime rates for all work or services outside of these normal business hours if approved by the County representative.

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F. Basis of Compensation

Compensation to the service provider for service request responses will be based on the hourly labor rates provided in the Quote Schedule, the actual cost of equipment, materials, and parts plus a percentage (not to exceed 15%), markup stated on the Quote Schedule, and a fixed trip charge if applicable.

Hours shall be calculated daily from the time the service provider’s personnel arrive at a service site until that personnel leaves the site. The service provider shall notify the County representative, who requested the service, at the time of their arrival and at the time of their departure. This notification shall be done in person or by phone.

Travel time to and from the service site and travel time away from the service site will not be compensated on an hourly basis. However, one service call charge of a fixed amount may be added to a service response invoice to cover all travel time including the time away from the service site to pick up parts or materials.

Overtime labor rates may be charged for time outside of the normal business hours as specified in this document.

Emergency labor rates may be charged for services provided on an emergency basis.

Equipment, materials, and parts must be itemized and invoiced at the actual cost plus the pre-determined percentage markup. The service provider agrees to provide part and material cost documentation upon the County’s request.

Subcontractors, when authorized by the County shall be invoiced without mark-up. An administrative fee can be charged for setting up the contract work. All Subcontractor costs must be documented.

G. Limitation on Utilization of Personnel

The service provider typically will be expected to utilize one technician for a routine service call. The service provider shall obtain County Representative approval prior to committing to the use of the additional staff or using more than one technician for a service. The County will withhold payment for any invoice reflecting multiple staff when that expense did not have prior approval.

Staff utilization on larger scale services with written authorization from the County shall reflect the staffing levels in the Service provider’s approved estimate.

H. Services in Excess of $1,000.00

The service provider shall contact the County Representative whenever a single service is expected to exceed $1,000.00 prior to initiating the service. The Service provider shall provide a written estimate of the costs which shall include:

1. A detailed listing of expected labor costs by personnel classification, rate, and hours.

2. An itemized description of required equipment and parts and costs; and

3. A schedule of when the work can be performed.

The estimate must be approved in writing by the County Representative. The County Representative shall provide written authorization which the service provider must submit to the County with the final service report.

I. Special Replacement Projects

The County may occasionally require that the service provider participate in a pre-planned video surveillance project utilizing the types of equipment described within this contract document. In such cases, the County Representative will provide a scope of services for said project and will solicit a written cost proposal and schedule from the service provider.

The service provider, at no cost, shall prepare its quote based on the unit costs and other terms of the agreement.

The County has no projection of the number and magnitude of such project level work and will solicit such work from the service provider only if it is in its best interest in terms of cost, schedule, and convenience.

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J. Loaner Equipment

The service provider shall provide a minimum of one Digital Video Recorder for loan to the County in the event a County Digital Video Recorder has to be removed for repair. Loaner should be compatible with DX8000 and newer model units.

K. Sub-contractor Providers

The service provider shall be prepared to perform all the services required under this Contract with its own personnel, and its Quote Schedule prices should reflect this approach. In cases where a subcontractor performs services, the County Representative shall approve such sub-service providers before they are utilized. Sub-service provider expenses shall be billed as “reimbursable” at the documented actual cost.

L. Forms and Insurance

Awarded service provider will be required to submit an E-verify affidavit and certificate of insurance.

M. Qualifications

The service provider’s qualifications and experience are critical to the County, and the County should have assurances that the selected Service provider is a responsible organization capable of professionally implementing the services requested and in the time frame mandated in Section I-D.

The majority of the County’s CCTV and video surveillance equipment is manufactured by Pelco.The service provider should provide personnel that are qualified and experienced in the replacement and repair of Pelco video equipment.

N. References

The successful service provider must have demonstrated successful performance with services similar to scope and size of services. Service providers should submit a minimum of three (3) references. All references should be for service contracts that are either current or were held within the past three (3) years.

II. PERFORMANCE STANDARDS AND QUALITY ASSURANCE

A. Applicable Industry Standards

All repairs and replacements shall be completed in a neat and workmanlike manner and in accordance with the applicable codes and standards of the authorities having jurisdiction. Equipment, materials, and parts supplied shall be new and of a quality conforming to current engineering and manufacturing standards, free of defects, and suitable for the intended service. When applicable, replacement and repair activities and procedures shall comply with the standard operational and maintenance requirements of the manufacturers of the equipment or parts.

B. Protection, Cleaning and Restoration of Work Sites

Service provider shall keep work sites clean and free of debris. When providing services, service provider shall maintain a level of cleanliness and neatness needed for proper execution of the work. Service provider shall keep newly installed work clean and protect it from damage.

When services are complete, the service provider shall clean the work site, and all areas disturbed by its activities, of rubbish, waste material, and litter; shall remove all tools, equipment, and surplus materials from the site; and shall remove any temporary protective barriers, coverings, and facilities installed during its services. Any surfaces and/or finishes that are damaged by service provider’s work shall be patched, repaired, and repainted to match surrounding area. Service provider also shall take precautions to protect trees, shrubbery, and sod at its service locations. Where such items are inadvertently destroyed or damaged, service provider shall replace or restore at its cost.

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C. Waste Disposal

Service provider shall dispose of all waste promptly and shall comply with government regulations and other legal requirements when doing so. The service provider shall not dispose of volatile wastes such as cleaning compounds, primers and solvents; in storm or sanitary drains, on pavements or in gutters, or in a manner that will contaminate soils or be harmful to plant life at the service location.

D. Safety Precautions and Requirements

Service provider shall take precautions to prevent fires and facilitate fire-fighting operations. Service provider shall store flammable materials in non-combustible containers and store away from fire sources and shall remove flammable waste regularly from the work site. Service provider shall take precautions to prevent accidents due to physical hazards. Service provider shall provide barricades and signs as required to protect provider’s personnel and public from hazards and to inform them thereof. Barricades and warning signs shall comply with safety regulations.

Service provider shall provide and require use of safety equipment, clothing, and accessories as required by its work activities and safety regulations.

E. Warranties

The Service provider shall warrant against failure of all materials and workmanship associated with its service request work for one (1) year after the date of acceptance of such work by the County. If any of the work is found defective or not in accordance with the service request or applicable codes and standards, the provider shall correct warranted work promptly, at no cost to the County, after receipt of a written notice from the County to do so.

Service provider shall provide the County Representative copies of the standard manufacturer’s warranties for any new equipment and parts purchased and installed by the provider. The service provider shall provide this warranty information with its service report whenever applicable.

III. REPORTS AND INVOICING

Service Report Requirements

Each completed Service Request shall be documented by a service provider report. The service provider report shall include, at a minimum, the following information:

County Purchase Order Number Location of Service’s Facility Name and Address Description of Repairs, Services, or Replacement Performed Personnel Utilized and Hours of Service - This section shall clearly indicate for each day of service the individuals assigned, the labor rates, the hours worked, the labor subtotals, and totals Parts, Materials, and Equipment Utilized - Descriptions, quantities, costs, applicable mark-ups, and subtotals, and total Trip Charges Summary of Costs

Invoicing Procedure

The service provider shall invoice the County for its services within five business days of the service completion. All invoices must be sent to the County representative for approval. Once the County Representative approves the invoice for processing. The service provider shall submit the invoice to disbursements@gwinnettcounty.com for payment.

IV. SECURITY AND BUILDING ACCESS

The successful service provider may be asked to furnish Gwinnett County a list of staff that will be working in the facilities. The County reserves the right, prior to authorizing any personnel to work inside Secure County Facilities, to conduct employment, background, driving, and criminal history checks.

mailto:disbursements@gwinnettcounty.com

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Failure to return this page as part of the quote document may result in rejection of quote.

QUOTE SCHEDULE

Award will be based on the approximate hours and trip charges stated in the quote schedule. The County makes no guarantee regarding the number of replacements and repair service hours or trip charges that will be used during the contract period.

COMPANY NAME ________________________________________________________________________________________________

SECTION A – REPLACEMENT AND REPAIR SERVICES

DESCRIPTION UNIT PRICE PER

HOUR

TIME

APPROXIMATE

HOURS

TOTAL

State the Non-Emergency Hourly Rate for Labor Per Person During Normal Business Hours $ 100 Hours $

State the Non-Emergency Hourly Rate for Labor Per Person After Normal Business Hours $ 16 Hours $

State the Emergency Hourly Rate for Labor Per Person During Normal Business Hours $ 28 Hours $

State the Emergency Hourly Rate for Labor Per Person After Normal Business Hours $ 16 Hours $

Administrative Fee to Coordinate Subcontracting Work $ 10 Hours $

SECTION A TOTAL $ SECTION B - PARTS PLUS PERCENTAGE MARKUP

State Percentage Markup charge above cost of parts (not to exceed 15%) $5,000 % $

SECTION C – TRIP CHARGE

State Trip Charge $ /trip 120 trips $

QUOTE TOTALS

SECTION A TOTAL $

SECTION B TOTAL $

SECTION C TOTAL $

GRAND TOTAL $

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QUOTE SCHEDULED CONTINUED

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

Unless otherwise noted, quoted prices will remain firm for four (4) additional one-year periods. If a percentage decrease will be a part of this quote, please note this in the space provided.

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 this in the space provided.

1st renewal period _______________________________ 2nd renewal period _____________________________

3rd renewal period ___________________________________________ 4th renewal period _________________________________

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

Addendum No. Date Addendum Date

Certification of Non-Collusion in Quote Preparation Signature Date

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners 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. By submission of this quote, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to Bidders.

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

Federal Tax ID

Address

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

Representative Signature Printed Name

Telephone Number Fax Number

E-mail address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

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REFERENCES

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

1. Company Name

Brief Description of Project

Completion Date

Contact Person

Telephone Facsimile

E-Mail Address

2. Company Name

Contact Person

3. Company Name

Contact Person

COMPANY NAME ___________________________________________________________________________________

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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

COMPANY NAME ___________________________________________________________________________________

PA037-22 Provision of Analog Video Surveillance Repair, Replacement and Maintenance 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: ______________________

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SECURITY PRECAUTIONS AND REQUIREMENTS

000900-11

GWINNETT COUNTY GOVERNMENT

Department of Support Services and Gwinnett County

Sheriff’s Office Consent Form

I, _____________________________________________________ hereby authorize the (Print Name)

Gwinnett County Sheriff’s Office to receive all criminal history and driving history records information pertaining to me, which may be in the files of any state or local criminal justice agency. I understand that permission for me to work within Gwinnett County facilities and receive an Identification Card for such purposes will be contingent upon the results of a complete background investigation; and I am aware that withholding information or making false statements on this form will be a basis for rejecting my submission for work within County facilities, or upon discovery, withdrawal of the permission to work within County facilities, and the required return of the associated County issued Identification Card.

I authorize any of the persons or organization referenced in this application to give to you all information concerning my criminal history record and driving history record, and any other information they might have, personal or otherwise, and release all such parties from all liability for any damage that may result from furnishing such information to you. I further authorize you to request and obtain any criminal history and driving history records from any federal, state, or local jurisdictions or law enforcement agencies and release all such parties from all liability for any damage that may result from furnishing such information to you.

I agree to these conditions and I hereby certify that all statement made by me on this application are true and complete.

Signature of applicant as usually written Date

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000900-12

GWINNETT COUNTY GOVERNMENT

Consent Form Supplement

Instructions: Please type or print legibly in ink. All questions must be answered; if a question is not applicable, so state by indicating NA (not applicable). Please be specific when completing the form to ensure all information is complete, true, and correct. Omission of facts will be perceived as falsification and will be the basis for rejection of your submission, or upon discovery, withdrawal of the County issued ID and permission for work within County facilities.

Last Name _________________________________________ First Name _______________________________________

Middle Name _______________________________________ Sex ____________________ Race ___________________

Social Security Number ______________________________ Date of Birth ____________________________________

List any nicknames, maiden names and other names you have used ____________________________________

Current Address _______________________________________________________________________________________

Current Telephone Number ____________________________________________________________________________

List previous addresses for last five years:

Dates Street Address City State

Have you ever been convicted of or plead guilty or no contest to a felony or misdemeanor, excluding all offenses for which you were charged as a juvenile?

_____ Yes _____ No If yes, provide details ___________________________________________________________________________________

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000900-13

List all traffic citations that you have received within the last five years:

Date Charge Location Disposition

Do you possess a valid driver’s license? _____ Yes _____ No

State _________________ License Number ___________________

Date of Expiration _________________ Restrictions ______________________

Do you hold or have you ever held a license in any state other than the one listed above?

_____ Yes _____ No

If yes, please indicate state(s) and approximate dates license(s) were held ___________________________

Have you ever had your license suspended or revoked? _____ Yes _____ No

If yes, provide details _________________________________________________________________________________

PA037-22 Page 14

000900-14

Gwinnett County Sheriff’s Office

GEORGIA CRIME INFORMATION CENTER

AWARENESS STATEMENT

Access to Criminal Justice Information (CJI), as defined in Georgia Crime Information Center (GCIC) Council Rule 140-1-.02 (amended), and dissemination of such information is governed by state and federal laws and the Rules of the GCIC Council. CJI cannot be accessed or disseminated by any personnel except as directed by superiors and as authorized by approved standard operating procedures. These standard operating procedures are based on controlling state and federal laws, relevant federal regulations, and the Rules of the GCIC Council.

O.C.G.A. §35-3-38 establishes criminal penalties for specific offenses involving obtaining, using, or disseminating criminal history record information (CHRI) except as permitted by law. The same statute establishes criminal penalties for disclosing or attempting to disclose techniques or methods employed to ensure the security and privacy of information or data contained in Georgia criminal justice information systems.

The Georgia Computer Systems Protection Act (Act), O.C.G.A. §16-9-90 et. seq., provides for the protection of public and private sector computer systems, including communications links to such computer systems. The Act establishes four criminal offenses, all major felonies, for violations of the Act: Computer Theft, Computer Trespass, Computer Invasion of Privacy, and Computer Forgery. The criminal penalties for each offense carry maximum sentences of fifteen (15) years in prison and/or fines up to $50,000.00, as well as possible civil ramifications. The Act also establishes Computer Password Disclosure as a criminal offense with penalties of one (1) year in prison and/or a $5,000.00 fine.

The Georgia Criminal Justice Information System (CJIS) Network is operated by the GCIC in compliance with O.C.G.A. §35-3-31. All databases accessible through CJIS Network terminals are protected by the Computer Systems Protection Act. Similar communications and computer systems operated by municipal/county governments are also protected by the Act.

By my signature below, I acknowledge that I have read and understand this Awareness Statement.

Print Name: _______________________________________________________________________

Signed: __________________________________ Date: ___________________________________

Witnessed: ________________________________ Date: ___________________________________

Cleophas Atwater Chief Deputy

2900 University Parkway Lawrenceville, GA

(770) 619-6500 Fax (770) 822-3115 Keybo Taylor, Sheriff

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STANDARD INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

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

(b) The following additional coverage must apply:

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

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

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

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

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

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

7. Certificate Holder should read:

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

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

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

PA037-22 Page 19

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

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

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

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

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

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

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

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

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

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

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

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

Rev. 06/11

FAILURE TO RETURN THIS PAGE MAY RESULT IN REMOVAL OF YOUR

COMPANY FROM COMMODITY LISTING.

PA037-22

Buyer Initials: CD

IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE BY

CHECKING ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN.

Do not offer this product or service; remove us from your bidder's list for this item only.

Specifications too "tight"; geared toward one brand or manufacturer only.

Specifications are unclear.

Unable to meet specifications

Unable to meet bond requirements

Unable to meet insurance requirements

Our schedule would not permit us to perform.

Insufficient time to respond.

Other

COMPANY NAME

AUTHORIZED REPRESENTATIVE

SIGNATURE

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

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

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

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

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

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

Failure to provide the Contractor Affidavit and Agreement with your bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

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

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

III. EXPLANATION TO BIDDERS

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

The written bid documents supersede any verbal or written communications between parties. Receipt of addendum should be acknowledged in the bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal.

IV. SUBMISSION OF BIDS

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

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

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

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

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

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

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

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

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

V. WITHDRAWAL OF BID DUE TO ERRORS

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

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

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

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

VI. TESTING AND INSPECTION

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

VII. F.O.B. POINT

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

VIII. PATENT INDEMNITY

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

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS

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

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

Best rating as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper an A.M. Best rating as stated in the bid when required in the bid package or document.

X. DISCOUNTS

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

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

XI. AWARD

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

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

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

XII. DELIVERY FAILURES

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor.

Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.

XIII. COUNTY FURNISHED PROPERTY

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

XIV. REJECTION AND WITHDRAWAL OF BIDS

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

XV. CONTRACT

Each bid is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the bidder and the County which shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a bid package containing a Gwinnett County “Sample Contract” as part of the requirements, it is understood that the bidder has reviewed the documents with the understanding that Gwinnett…