BL100-23 PAGE 1

June 26, 2023

INVITATION TO BID

BL100-23

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Provision of Inspections, Repair, and Rehabilitation of Above Ground Pre-Stressed Concrete Tanks on an Annual Contract with Four Options to Renew for the Department of Water Resources.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on July 28, 2023 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

Questions regarding bids should be directed to Brittany Bryant, Purchasing Associate II, at Brittany.Bryant@GwinnettCounty.com or by calling 770-822-7759, no later than July 13, 2023. Bids are legal and binding upon the vendor when submitted. All bids should be submitted in duplicate.

All Bidders are required to submit a Bid Bond, or a certified check made payable to the Gwinnett County Board of Commissioners in the amount of five percent (5%) of the total amount bid. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive The Bid Bond or certified check must be enclosed in the envelope with the sealed bid. The successful bidder will be required to furnish a contract Performance Bond and Payment Bond, each up to a sum of $400,000.00 and provide insurance coverage as required by the contract documents. The payment and performance bond amounts are subject to change for each renewal option. It is the intent of Gwinnett County to award this contract to multiple contractors. Each awarded contractor will be provided the required bond amount during the renewal process and will be required to provide bonds for that amount.

Insurance and Bonding Company should be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by The Georgia Insurance Department, listed in the Department of Treasury's Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond, and performance bond must have an A.M. Best rating of A-V or higher.

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

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

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

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

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

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

Brittany Bryant

Purchasing Associate II http://www.gwinnettcounty.com/ mailto:Brittany.Bryant@GwinnettCounty.com http://www.gwinnettcounty.com/

BL100-23 PAGE 2

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

BID CHECKLIST

ITEM

DESCRIPTION PAGES # Check Box if Included

1 BID SCHEDULE 6-8 ☐

2 SUB-CONTRACTOR AFFIDAVIT 9 ☐

3 REFERENCES 10-11 ☐

4 CONTRACTOR AFFIDAVIT AND AGREEMENT 12 ☐

5 CODE OF ETHICS 13 ☐

6 BID BOND 14-15 ☐

BL100-23 PAGE 3

SPECIFICATIONS

NOTE: Contract to begin on October 16, 2023, or upon award.

I. BACKGROUND

Gwinnett County Department of Water Resources (DWR) maintains an aboveground pre-stressed concrete tank inspection and repair program. The program includes individual tank inspection, non-destructive testing, maintenance, repair, and rehabilitation.

The County intends to award this contract to multiple independent contractors. Individual work orders will be awarded based on the following:

1. Cost

2. Are resources available within the timeframe required.

3. Are the specific services needed and available within the contractor’s team.

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

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

II. SCOPE OF WORK

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

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

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

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

c. A mobilization date.

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

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

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

BL100-23 PAGE 4

Contractor shall be prepared to mobilize to the project site(s) within three (3) weeks of Notice to Proceed, or as noted for each approved work authorization.

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

III. QUALIFICATION REQUIREMENTS

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

1. Experience A minimum of 8 years of experience in repair and inspection of aboveground pre-stressed concrete tanks.

2. Similar Project Experience

a. Minimum of three (3) projects completed in the past 5-year period repair of above-ground pre-stressed tanks.

i. Projects submitted must be for tanks in the 3 million gallons or more.

ii. Two (2) of the projects submitted must be for tanks in drinking water service.

iii. One (1) of the projects submitted must be for tanks in wastewater service.

b. Minimum of three (3) projects completed in the past 5-year period inspection of above-ground pre-stressed tanks.

i. Projects submitted must be for tanks in the 3 million gallons or more.

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

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

3. Personnel

a. Safety Training - Personnel properly trained in confined space entry and fall protection shall be available for use by owner within 48 hours of notice, minimum of three (3).

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

BL100-23 PAGE 5

c. Superintendent(s) The person performing resident representative functions for repair phase planning, coordinating, and controlling on-site project work. Superintendents shall have eight

(8) years of pre-stressed tank repair experience, three (3) must be as superintendent.

d. Field Personnel Training/Certifications

*Successful vendors should provide the below upon request of GCDWR facility staff.

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

ii. American Concrete Institute,

iii. National Association of Corrosion Engineers,

iv. The Society for Protective Coatings,

v. Post-Tensioning Institute, and/or

vi. Relevant Others.

IV. SAFETY

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

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

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

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

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

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

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

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

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

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

BL100-23 PAGE 6

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

RESPONSIVE.

BID SCHEDULE

DESCRIPTION

ESTIMATED

QUANTITY

HOURLY RATE EXTENDED PRICE

SECTION A

REPAIR

1 Standard Hourly Labor Rate 500 HRS $ $

2 Overtime Hourly Labor Rate 50 HRS $ $

INSPECTION

3 Standard Hourly Labor Rate 100 HRS $ $

4 Standard Hourly Inspector Rate 150 HRS $ $

5 Overtime Hourly Labor Rate 20 HRS $ $

6 Overtime Hourly Inspector Rate 20 HRS $ $

MISCELLANEOUS (MAY BE APPLIED TO BOTH

ONSITE AND OFFSITE ACTIVITIES)

7 Project Manager 80 HRS $ $

8 Superintendent 130 HRS $ $

SECTION A TOTAL $

DESCRIPTION

APPROX.

ANNUAL

SPEND

(A)

% ABOVE COST

(B)

ESTIMATED ANNUAL COST

(A x B) + A

SECTION B

Parts, Supplies and Materials Markup

(NOT TO EXCEED 10%)

$200,000.00 % $

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

Similarly, tools and equipment which are purchased and were not used or consumed during DWR work shall not be submitted for reimbursement.

Rental Equipment Markup

(NOT TO EXCEED 10%)

$10,000.00 % $

Sub-Contractor Markup

(NOT TO EXCEED 10%)

$20,000.00 % $

SECTION B TOTAL $

OVERALL BID TOTAL (SECTION A + SECTION B) $

COMPANY NAME _____________________________________________________________________

BL100-23 PAGE 7

BID SCHEDULE CONTINUED

Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive and the bid will not be considered for award. Contract to begin on October 16, 2023, or upon award.

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

Renewal Option 1: % Increase % Decrease Explanation

Renewal Option 2: % Increase % Decrease Explanation

Renewal Option 3: % Increase % Decrease Explanation

Renewal Option 4: % Increase % Decrease Explanation

Termination for Cause: The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement.

Such termination shall be without prejudice to any of the County’s rights or remedies by law.

Termination for Convenience: The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

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

COMPANY NAME _______________________________________________________________________

BL100-23 PAGE 8

BID SCHEDULE CONTINUED

In compliance with the attached specifications and the instructions to bidders, 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. 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)

Gwinnett County Vendor Number _____________________ Telephone Number

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

Representative Signature

Printed Name

E-mail address

BL100-23 PAGE 9

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

BL100-23 PAGE 10

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

REFERENCES

(REPAIR OF ABOVE-GROUND PRE-STRESSED TANKS)

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 quote. The references listed should be of similar size and scope of the project being quote

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

BL100-23 PAGE 11

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

REFERENCES

(INSPECTION OF ABOVE-GROUND PRE-STRESSED TANKS)

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 quote. The references listed should be of similar size and scope of the project being quote

on. Do not submit a project list in lieu of this form.

1. Company Name

Contract Amount $ Start Dates

2. Company Name

3. Company Name

BL100-23 PAGE 12

Solicitation Name & No.: BL100-23, Provision of Inspections, Repair, and Rehabilitation of Above Ground Pre- Stressed Concrete Tanks 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: ______________________

BL100-23 PAGE 13

Bid # & Description BL100-23, Provision of Inspections, Repair, and Rehabilitation of Above Ground Pre- Stressed Concrete Tanks on an Annual Contract

CODE OF ETHICS AFFIDAVIT

PLEASE RETURN THIS FORM COMPLETED WITH YOUR SUBMITTAL. SUBMITTED FORMS ARE REQUIRED

PRIOR TO EVALUATION.

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

1. __________________________________________________________________________________________

Company Submitting Bid/Proposal

2. Please select one of the following:

No information to disclose (complete only section 4 below) Disclosed information below (complete section 3 & section 4 below)

3. If additional space is required, please attach list:

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Sworn to and subscribed before me this day of , 20

Notary Public

(seal)

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

BL100-23 PAGE 14

Gwinnett County, Georgia

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a

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

(Name of Surety)

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

Gwinnett County Board of Commissioners (Name of Obligee)

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

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

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

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

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

BL100-23 PAGE 15

Gwinnett County, Georgia

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

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

ATTEST:

(Principal)

(Principal Secretary)

By:

(SEAL)

(Address)

(Witness as to Principal)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent

(Witness as to Surety)

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

Principal Secretary, Principal and Witness as to Principal signature lines must be signed by three different individuals.

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

BL100-23 PAGE 16

GENERAL CONDITIONS

To Service Provider AGREEMENT

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 SERVICE PROVIDER to Cooperate with other SERVICE PROVIDERS

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Service provider

22 Notices

BL100-23 PAGE 17

1 DEFINITIONS

Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings:

1.1 COUNTY-means Gwinnett County, Georgia, a political subdivision of the State of Georgia.

1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by COUNTY and accepted by SERVICE PROVIDER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

1.3 CONTRACT-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS.

1.4 AGREEMENT EXECUTION-means the date on which SERVICE PROVIDER executes and enters into an Agreement with the COUNTY to perform the Work.

1.5 AGREEMENT PRICE-means the total monies, adjusted in accordance with any provision herein, payable to the SERVICE PROVIDER under this Agreement.

1.6 CONTRACT TIME-means the period of time stated in this Agreement for the completion of the Work.

1.7 SERVICE PROVIDER-means the party or parties contracting directly with the COUNTY to perform Work pursuant to this Agreement.

1.8 DEPARTMENT- means the Director or designee of requesting department(s) named in this solicitation.

1.9 DRAWINGS-means collectively, all the drawings, receipt of which is acknowledged by the

COUNTY, listed in this Agreement, and also such supplementary drawings as the SERVICE PROVIDER may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

1.10 SPECIFICATIONS-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents.

1.11 SUBSERVICE PROVIDER-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with SERVICE PROVIDER or with any of its subservice providers at any tier to provide a part of the Work called for by this Agreement.

1.12 WORK-means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by SERVICE PROVIDER under this Agreement.

1.13 LIAISON-Representative of the COUNTY who shall act as Liaison between the County and the

SERVICE PROVIDER for all matters pertaining to this Agreement, including review of SERVICE PROVIDER'S plans and work.

BL100-23 PAGE 18

2 CONTRACT DOCUMENTS

2.1 LIST OF DOCUMENTS

The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Drawings, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents.

2.2 CONFLICT AND PRECEDENCE

2.2.1 The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order:

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3 CHANGES AND EXTRA WORK

The COUNTY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the SERVICE PROVIDER'S compensation, which are mutually agreed upon by and between the COUNTY and the SERVICE PROVIDER, shall be incorporated in written Supplemental Agreements to the Agreement.

4 PERSONNEL AND EQUIPMENT

The SERVICE PROVIDER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the COUNTY. Primary liaison with the COUNTY will be through its designee. All of the services required hereunder will be performed by the SERVICE PROVIDER under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

The SERVICE PROVIDER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible charge of any survey work.

The SERVICE PROVIDER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration, being in the full employ of the SERVICE PROVIDER and responsible for the work prescribed by this Agreement.

5 ACCURACY OF WORK

The SERVICE PROVIDER shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensations.

Acceptance of the work by the COUNTY will not relieve the SERVICE PROVIDER of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

BL100-23 PAGE 19

6 FINDINGS CONFIDENTIAL

The SERVICE PROVIDER agrees that its conclusions and any reports are for the confidential information of the COUNTY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the COUNTY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by the SERVICE PROVIDER pursuant thereto shall become the property of the COUNTY and be delivered to the DEPARTMENT.

Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the COUNTY.

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the SERVICE PROVIDER without prior approval from the COUNTY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the SERVICE PROVIDER, but should any such information be released by the COUNTY or by the SERVICE PROVIDER with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

7 TERMINATION OF AGREEMENT FOR CAUSE

If through any cause the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SERVICE PROVIDER shall violate any of the covenants, agreements or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to the SERVICE PROVIDER of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid scheduler without prior approval of the COUNTY shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the SERVICE PROVIDER under this Agreement shall become the property of the COUNTY, and the SERVICE PROVIDER shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the

COUNTY.

8 TERMINATION FOR CONVENIENCE OF THE COUNTY

The COUNTY may terminate this Agreement for its convenience at any time upon 30 days notice in writing to the SERVICE PROVIDER. If the Agreement is terminated by the COUNTY as provided in this Article 8, the SERVICE PROVIDER will be paid compensation for those services actually performed. Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the SERVICE PROVIDER which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

All such expenses shall be properly documented and submitted to the COUNTY for processing and payment.

The County shall be the final authority in the event of any disputes over authorized costs between the COUNTY and the Service Provider.

9 SERVICE PROVIDERS TO COOPERATE WITH OTHER SERVICE PROVIDERS

If the COUNTY undertakes or awards other contracts for additional related work, the SERVICE PROVIDER shall fully cooperate with such other SERVICE PROVIDERS and the COUNTY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the COUNTY. The SERVICE PROVIDER shall not commit or permit any act which will interfere with the performance of work by any other SERVICE PROVIDER or COUNTY employees.

BL100-23 PAGE 20

10 INDEMNIFICATION

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

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

SERVICE PROVIDER.

11 COVENANT AGAINST CONTINGENT FEES

The SERVICE PROVIDER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by SERVICE PROVIDER for the purpose of securing business and that the SERVICE PROVIDER has not received any non-COUNTY fee related to this Agreement without the prior written consent of the COUNTY. For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.

12 INSURANCE

The SERVICE PROVIDER shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy (s) that will ensure and indemnify both GWINNETT COUNTY and SERVICE PROVIDER against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the SERVICE PROVIDER during the term of this Agreement. The liability under such insurance policy shall be not less than as stated in the Bid Proposal.

The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia.

The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that as stated in the Bid Proposal.

Additionally, SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that as stated in the Bid Proposal.

The policies shall be written by a responsible company(s), to be approved by the COUNTY, and shall be non-cancelable except on thirty-(30) days' written notice to the COUNTY. Such policies shall name the COUNTY as additional insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.

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13 PROHIBITED INTERESTS

13.1 Conflict of Interest: The SERVICE PROVIDER agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder.

13.2 Interest of Public Officials: No member, officer, or employee of the COUNTY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

14 SUBCONTRACTING

The SERVICE PROVIDER shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the DEPARTMENT's prior written approval of the subservice provider, except as may have been specifically stated in the SERVICE PROVIDER'S response to proposal per Exhibit A. The DEPARTMENT will not approve any subservice provider for work covered by this Agreement that has not been recommended for approval by the Department Director.

All subcontracts in the amount of $5,000 or more shall include the provisions set forth in this Agreement.

15 ASSIGNABILITY

The SERVICE PROVIDER shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the

COUNTY.

16 EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Agreement, the SERVICE PROVIDER agrees as follows: (1) the SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the SERVICE PROVIDER will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the SERVICE PROVIDER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subservice provider, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.

17 ANTI-KICKBACK CLAUSE

Salaries of architects, draftsmen, technical engineers and engineers, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The SERVICE PROVIDER hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement.

18 AUDITS AND INSPECTORS

At any time during normal business hours and as often as the COUNTY may deem necessary, the CONSULTANT shall make available to the COUNTY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the COUNTY to audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

The SERVICE PROVIDER shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of

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final payment under the Agreement, for inspection by the COUNTY or any reviewing agencies, and copies thereof shall be furnished upon request. The SERVICE PROVIDER agrees that the provisions of this Article shall be included in any Agreements it may make with any subservice provider, assignee, or transferee.

19 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE

All documents and materials prepared pursuant to this Agreement are the property of the COUNTY. The COUNTY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The COUNTY shall hold harmless and indemnify the SERVICE PROVIDER against all claims arising out of such use of documents and materials without the SERVICE PROVIDER'S knowledge and consent.

20 VERBAL AGREEMENT OR CONVERSATION

No verbal agreement or conversation with any officer, agent, or employee of the COUNTY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the SERVICE PROVIDER to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.

21 INDEPENDENT SERVICE PROVIDER

The SERVICE PROVIDER shall perform the services under this Agreement as an independent service provider and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the SERVICE PROVIDER or any of its agents or employees to be the agent, employee, or representative of the COUNTY.

22 NOTICES

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

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***Gwinnett County requires that all Contracts between parties be entered into via the following documents. If any exceptions are taken to any part of this document, each must be stated in detail and submitted as part of your proposal/bid document. If no exceptions are noted it is assumed that the party fully agrees to the contract in its entirety. Exceptions to the sample contract provided in this request for proposal will be considered in terms of responsiveness when making award.***

SAMPLE

ANNUAL SERVICE PROVIDER CONTRACT

Provision of Inspections, Repair, and Rehabilitation of Above Ground Pre-Stressed Concrete Tanks on an Annual Contract

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

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

1. TERM:

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

2. ATTACHMENTS:

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

3. PERFORMANCE:

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

4. PRICE:

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

5. INDEMNIFICATION AND HOLD HARMLESS:

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

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

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6. TERMINATION FOR CAUSE:

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

7. TERMINATION FOR CONVENIENCE:

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

8. CONTRACT NOT TO DISCRIMINATE:

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

9. ASSIGNMENT:

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

10. WAIVER:

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

11 SEVERABILITY:

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

12. GOVERNING LAW:

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

13. MERGER CLAUSE:

The parties agree that the terms of this Contract include the entire…