Invitation

March 15, 2023

RP015-23

REQUEST FOR PROPOSAL

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified Consultants for the Provision of Advanced Metering Infrastructure (AMI) System Requirements, Implementation Plan and RFP Development for the Gwinnett County Department of Water Resources.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 p.m. local time on April 11, 2023 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 3:00 p.m. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

A Webex pre-proposal meeting is scheduled for 10:00 A.M. local time on March 22, 2023. To access, dial 1-408-418-9388, enter Access Code 2332 743 0201. All interested parties are urged to attend. Questions regarding proposals should be directed to Kaley Ivins, Purchasing Manager, at Kaley.Ivins@gwinnettcounty.com or by calling 770-822-8732 no later than March 24, 2023. Proposals are legal and binding upon the Consultant when submitted. One unbound single-sided original, four (4) exact copies, and one (1) identical electronic pdf copy on flash drive should be submitted. Do NOT include cost information on the flash drive.

Successful Consultant 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 the ADA Coordinator, Gwinnett County Justice and Administration Center, 770-822-8165.

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

Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to reject any or all proposals, to waive technicalities, and to make an award deemed in its best interest.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a proposal will be notified via email. We look forward to your proposal and appreciate your interest in Gwinnett County.

Kaley Ivins, CPPB Purchasing Manager

The following pages should be returned with your proposal:

Cost Schedule, Page 8

(To be submitted in a separate sealed envelope) Consultant Information, Page 9 References, Page 10 Sub-Contractor List, Page 11 Contractor Affidavit, Page 12 Ethics Affidavit, Page 13 http://www.gwinnettcounty.com/ mailto:Jake.Scarpone@gwinnettcounty.com http://www.gwinnettcounty.com/

RP015-23 PAGE 2

REQUEST FOR PROPOSAL

I. Introduction

Background and Current Meter Ecosystem

This Request for Proposal (RFP) seeks professional services to evaluate an Advanced Metering Infrastructure (AMI) system for use by the Department of Water Resources (DWR) and to develop the RFP for the acquisition and implementation of such a system.

DWR currently provides drinking water to more than 990,000 Gwinnett residents through the following service type breakdown; 265,000 Residential Single-Family, 1,100 Residential Multi-Family, 20,000 Commercial, and 8 Wholesale meters.

Meter sizes vary between 5/8” to 12” based on projected consumption rates for these accounts. Our retail and wholesale service area is approximately 435 square miles with nearly 4,000 miles of distribution pipes. DWR issues approximately 2,150,000 manually read utility bills to our customers annually. In addition to reading meters manually for billing, approximately 130,000 work orders are issued annually to address account status changes, performance issues, and customers’ concerns regarding their bills.

DWR continues to read water meters manually each month using a third-party contractor. In 2021, our meter reading services contract was rebid and the cost of providing manual meter reads increased significantly. This increase in cost caused the County to reexamine AMI and other alternatives to provide the best services to our residents at the best value.

Since 2017, DWR has been installing AMI ready meters as replacements when the previous meters reached the end of their useful life. Approximately 115,000 AMI-capable meters have been installed in the distribution system because of this initiative.

We first examined AMI in 2017 by partnering with Neptune, Qualcomm, CH2M and AT&T to conduct an AMI pilot of 500 residential homes. This pilot continues today and has presented several benefits for our water infrastructure as well as to the residents. DWR in conjunction with CH2M, conducted an AMI feasibility study. This study resulted in identifying benefits to the County and customers through converting to a countywide AMI system, as well as the cost of implementation. It was determined that at that time a positive return on investment (ROI) for the project could not be reached and the project was put on hold. After the increase in manual meter reading contractor costs in late 2021, DWR conducted an internal feasibility and cost study for an AMI implementation and determined that a positive ROI could be reached with benefits for the County and its residents.

From 2020-2022 DWR also equipped all the vaulted commercial meters with AMI wireless network endpoints, which included approximately 800 customers. These meters are reporting to the Beacon Meter Data Management (MDM) portal as part of a pilot study to enhance the County’s understanding of the potential benefits and uses for the data collected for our high-consumption customers.

The table below outlines DWR’s current meter system throughout the County and what services are currently utilized.

Current AMI Ecosystem Number of meters (estimated)

Manually read meters 285,000

AMI ready meters 115,000

AMI active meters 1,300

AMI Meter Data Management (MDM) system Beacon (large meters), READy (AMI Pilot)

RP015-23 PAGE 3

II. Project Scope

DWR has already conducted multiple studies to determine the feasibility of, and preliminary cost estimates for an AMI system. This request for proposal includes services for evaluating and documenting the current state of DWR’s AMI system, creating an implementation plan for a complete county-wide AMI system, and creating the request for proposal (RFP) documents needed for the procurement and implementation of a countywide AMI system.

Therefore, the Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified consulting firms to provide professional consulting services to assist the County in its efforts to transition to the next stage of its AMI implementation. The firm selected will be expected to perform the following services at a minimum. Items listed are not comprehensive for the effort to be undertaken, nor do they represent priorities or chronology.:

Task 1: Review of current system, documentation of current state, creation of full AMI deployment implementation plan

1. System Evaluation

a. Review survey of existing meters infrastructure

b. Review 2018 and 2021 completed AMI feasibility studies to verify previous recommendations

2. Future-State Visioning

a. Capture County current needs and expectations for an AMI system

b. Apply those expectations to create an overview of AMI systems that best meet the needs of the County

c. Perform a systems assessment – Map out current IT systems capabilities and interactions, provide direction for the integration of AMI support systems including AMI head-end, meter installation, meter data management (MDM), and customer data portal software, data analytics, and customer data portal capabilities

d. Create list of proposed business process changes when the AMI system would be operational

e. Assessment of distribution system infrastructure and any needed enhancements

3. Implementation Plan Development

a. Detailed project scope and schedule

b. Project support (internal - roles, level of effort, timelines; recommended external support)

c. Capital and life cycle cost estimates

d. Meter type recommendation

e. Meter communications system recommendation

f. Meter data management recommendation

g. Meter change-out recommendation

h. System interface strategy and requirements

i. Data Migration Planning

j. Regulatory Compliance

k. Procurement strategy recommendation

l. Customer communication strategy and adoption recommendation

m. Implementation schedule, including phased approach suggestions; and

n. Other recommendations

4. Final AMI Implementation presentation to staff with fatal flaw review

Task 2: Procurement

1. The Consultant will facilitate the drafting of procurement documents to create a RFP for the AMI technology, water meter supply, installation and deployment services of meters and endpoints, any required system software integration (including meter data management and customer engagement portal). The specifications will reflect the business requirements defined in Task 1 above.

2. This phase will include:

a. Facilitation with drafting of procurement documents (final approval and release of solicitation documents will be completed by the County’s Purchasing Division)

b. AMI technology specifications

c. Draft water meter specifications

d. Draft installation specifications

RP015-23 PAGE 4

e. Meter installation, meter data management, meter data analytics and customer portal software specifications (as necessary)

f. Negotiation support; and

g. Recommendation report

III. Proposal Submission Instructions

Content

If any of these requirements are being met by a sub-contractor, that firm should be listed specifically under the section related to that experience in the proposal and on the Sub-Contractor List form included in this Bid Invitation.

Executive Summary – Consultant should include a description of the highlights, features, and distinguishing points of the response. Within this summary a list of individuals and their contact information for the response should be included.

Consultant may include additional sections to the required sections if the consulting firm believes these to be beneficial to further explain the services offered relative to this project.

Tab A - Consulting Firm Experience and Qualifications – 15 Points - The response to the RFP should include the following regarding the Consulting firm’s profile:

1. Business Organization – the type of business the Consulting firm is registered as (i.e. LLC, Chapter S Corporation, etc.)

2. Length of time in business – include the date the business started and any name changes, mergers and acquisitions that have taken place since inception.

3. Locations – list headquarter and location information, including numbers of employees at each location.

4. Customer base – the total number of AMI engagements and customers to date and number currently active on open projects broken down by state and jurisdictions. Separately note water utility specific AMI implementations.

5. Writing Experience – show evidence that the Consulting Firm has a minimum of (2) two projects within the last (10) ten years of documented experience in writing business and technical requirements and developing requests for proposals for AMI solutions for utilities. This is in addition to the references requested in Tab A and on the Reference Sheet.

6. Requirements and gap analysis experience – provide evidence that the Consulting Firm has conducted, at a minimum, (2) two complete requirement and/or gap analyses for AMI and meter data management (MDM) requirement studies in the last (10) ten years.

7. Project management experience – provide evidence that the Consulting Firm has project management experience within the last (10) ten years in managing all phases of the project life cycle in implementing an AMI and/or meter data management systems.

8. Capacity and Stability of Firm - a description of the Consulting Firm’s capacity to meet the requirement including but not limited to the financial capacity of the firm, size of relevant technical staff and the ability to meet the timelines outlined in this document.

Tab B - Personnel and Dedicated Staffing – 15 Points - include the following:

1. Profiles, bios and resumes for all personnel that will be working on the project should the Consulting Firm be chosen.

2. Projected amount of time all personnel will dedicate to the project (full-time and part-time).

3. Projected amount of time Consulting Firms will be spending at Gwinnett County facilities throughout the various stages of the project.

4. Statement on how the Consulting Firm staff plans to communicate and engage throughout the project (i.e. web conferencing hosted by Consulting Firm, Skype, etc.).

RP015-23 PAGE 5

Tab C – Understanding & Approach – 30 Points

Deliverables

Project Timeline Assurance - Consultant should include a projected timeline with milestones that will meet Gwinnett County’s overall timeline of 6 months as indicated below:

1. Consulting Firm to provide an AMI system feasibility study that includes a current state assessment, marketplace assessment, options analysis, recommendation of next steps, and rollout plan.

2. Consulting Firm will provide an RFP ready to publish for the AMI Solution for Gwinnett County.

3. Consulting Firm (if chosen to further assist with the solicitation and selection process) will be able to support selection.

This should include specifics on number of staff needed and time to complete each phase. If Consultant chooses to include additional services, then those projected timelines and service descriptions should also be included in the response.

Gwinnett County Strategic and Project Goals – Consultant should include an explanation as to how the Consulting Firm understands how the Gwinnett County AMI Solution fits into the County’s strategic plan, goals and objectives.

THE GWINNETT STANDARD

The Gwinnett Standard is an expectation of excellence in all that we do. That standard, set over decades, has made Gwinnett a preferred community where everyone can thrive. We make it our mission to deliver superior services that support our vibrantly connected community, and as an extension of the County, we expect our business partners to do the same. Beyond just executing the work, we expect our partners to be standard bearers; to act with integrity; to innovate and adapt; to be accountable and transparent; to be fair and respectful to everyone; and to engage, embrace, and unify our community. The successful consultant will incorporate into their response their commitment to upholding and promoting the Gwinnett Standard.

The AMI services proposal shall be developed, and recommendations shall be formulated, to match the County’s Mission Statement, Vision Statement, and Values:

Mission Statement: Gwinnett proudly supports our vibrantly connected community by delivering superior services.

Vision Statement: Gwinnett is the preferred community where everyone thrives!

Values:

Integrity: We believe in being honest, building trust, and having strong moral principles.

Accountability: We believe in stewardship, transparency, and sustainability.

Equity: We believe in fairness and respect for all.

Inclusivity: We believe in engaging, embracing, and unifying our communities.

Innovation: We believe in continual adaptation of technology, process, and experience.

Tab D – Technical Knowledge – 20 Points

Consulting Scope – Consultant should include a description of the proposed services that the Consulting Firm will offer to ensure Gwinnett County has a comprehensive proposal ready for publication for a new AMI Solution that includes, but is not limited to:

1. Subject matter expertise – a description of the Consulting Firm’s understanding of the following AMI system deployment subjects:

a. Water utility focused integrated solutions;

b. Operational efficiency;

c. Reliability, including battery life and replacement options;

d. Scalability and flexibility;

e. Customer benefits and user features (such as portal, alerts, and analytics);

f. Equipment longevity;

g. Systems integration ability;

h. Maintainability of equipment and systems software;

i. Communications (cellular and fixed network);

RP015-23 PAGE 6

j. Value added meter features (shut off valves, temperature and pressure sensors, etc.); and

k. Availability of alerts (continuous flow, leaks on utility side, tampering, backflow).

Tab E - References – 10 Points - Consultant shall include at least three (3) different references of county organizations of the same size and complexity of Gwinnett County that have worked with the Consulting Firm in a professional consulting capacity specific to creation of a proposal for their complete AMI ecosystem as defined in the Project Overview of this document.

The references provided should all be from like engagements that took place in their entirety within the last ten (10) calendar years.

For each project/engagement used to provide proof of experience, the following should be included:

1. Jurisdiction or Agency Name;

2. Contact Information;

3. Brief description of each project, including the project objective;

4. Start and completion dates

5. Total project cost;

Cost Proposal (Sealed Separately) – 10 Points - Consultant should include a description of the proposed Consulting engagement broken down by the service categories/phases listed below (at a minimum). Pricing (sealed separately) should reflect distinct costs associated with each element/phase of this work such that Gwinnett County can select to engage the Consulting Firm in each phase individually, in part or in total. Pricing should include cost for travel and expenses of consulting personnel called out specifically and include the estimated travel details that support that cost estimate. A not-to-exceed amount that would be contained in a potential agreement with Gwinnett County should be included. Consultant shall include details about the implementation schedule including milestones and costs.

1. Perform AMI business and technology analysis.

2. Gather requirements (business, technical and financial);

3. Create a request for proposal(s);

4. Assist in the proposal solicitation & management processes; and

5. Assist in the proposal evaluation process.

RP015-23 PAGE 7

IV. SELECTION PROCESS

Proposals will be evaluated based on their relative responsiveness to the criteria described above and with the following values assigned:

Criteria Tab Points Phase I 1 Consulting Firm Experience and Qualifications

Experience in Writing, Requirements and Gap Analysis, Project Management. This should also include an executive summary, Consulting Firm profile and qualifications, Subject Matter Expertise, and Description of Capacity and Stability.

A 15

2 Personnel and Dedicated Staffing Qualifications of staff performing the required work, Staff Dedication, and Communication Plan

B 15

3 Understanding & Approach Demonstrate the ability to meet the Scope of Services within the required timeframes specified in the proposal. This will include the project schedule and understanding of the project and objectives Strategic Plan and Goals.

C 30

4 Technical Knowledge Consulting Scope and AMI Process Analysis D 20

5 References E 10 Sub-Total 90

Phase II 6 Cost Proposal (Sealed Separately) 10

TOTAL 100

Phase III Optional Interview 10

Potential TOTAL with Optional Interview 110

Phase I: Evaluation Committee will evaluate responses according to criteria 1-5 listed above, scoring and ranking the proposals. The Evaluation Committee may short list the highest-ranking proposers, opening only the fee schedules of the firms making the short list.

Phase II: Fee proposals will be opened and scored, and the results will be combined with the results of Phase I scoring.

After this scoring, a number of the highest-ranking proposers may then be short listed. This would be at the discretion of the Evaluation Committee.

Phase III: At the discretion of the Evaluation Committee, interviews may be requested to offer a brief explanation of the firm’s services and how the firm proposes to provide these services for the County. All costs associated with the interview (if required) will be at the expense of the proposing firm. The proposals will be evaluated to select the firms that rate the highest according to the criteria as indicated. The selection of the awarded firm shall be the combined highest scores from all the evaluation criteria. The County reserves the right to negotiate with the selected firms for rates and concessions that are in the best interest of the County.

If an agreement with the highest-ranked firm cannot be reached, Gwinnett may then negotiate with the second-ranked firm and so on until a satisfactory agreement has been reached.

RP015-23 PAGE 8

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

COST PROPOSAL

(to be submitted in a separate sealed envelope)

ALL OVERHEAD, PROFIT AND DIRECT CHARGES SUCH AS, BUT NOT LIMITED TO DOCUMENT REPRODUCTION, PHOTOGRAPHIC WORK, PHOTO REPROGRAPHIC SERVICES, POSTAGE AND SHIPPING, COMPUTER USAGE EXPENSES TRAVEL AND/OR TRANSPORTATION (INCLUDING MILEAGE) MUST BE INCLUDED IN THE LUMP SUM FEE FOR EACH

TASK OR SUB TASK ON FEE SCHEDULE.

Certification of Non-Collusion in Bid 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 one hundred and twenty (120) 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

Representative Signature

Print Authorized Representative's Name

Item Project Task Completion Time # of Staff Lump Sum Fee

1. Perform AMI business & technology analysis

2. Gather requirements (business, technical & financial)

3. Create Request for Proposal Document and Management

4. Assist in the proposal solicitation & management processes

5. Assist in Proposal Evaluation Process

TOTAL $

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

RP015-23 PAGE 9

CONSULTANT INFORMATION

***Please include this page as part of the proposal document and NOT with the Cost Schedule.***

Consultant has examined the proposal package, and following addenda:

No. Dated No. Dated

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

RP015-23 PAGE 10

REFERENCES

Gwinnett County requests a minimum of three (3) different references of county organizations of the same size and complexity of Gwinnett County that have worked with the Consulting Firm in a professional consulting capacity specific to creation of a Proposal for a complete AMI ecosystem as defined in the Project Overview of this document within the past ten (10) years.

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

1. Customer Name/Address

Brief Description of Project

Completion Date

Contract Amount $ Start Date

Contact Person Telephone

E-Mail Address

2. Customer Name/Address

Completion Date

Contract Amount $ Start Date

3. Customer Name/Address

Completion Date

Contract Amount $ Start Date

Company Name

RP015-23 PAGE 11

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

RP018-22 PAGE 12

RP015-23, Provision of Advanced Metering Infrastructure (AMI) System Requirements, Implementation Plan and RFP Development

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: ______________________

RP018-22 PAGE 13

RP015-23, Provision of Advanced Metering Infrastructure (AMI) System Requirements, Implementation Plan and RFP Development

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

RP015-23 PAGE 14

PROFESSIONAL SERVICES 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) $1,000,000 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, nonowned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Professional Liability Insurance - $1,000,000 (project specific for the Gwinnett County project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $2,000,000 aggregate or a claim/aggregate limit of $3,000,000 per occurrence and $3,000,000 aggregate.

Insurance company must be authorized to do business in the State of Georgia.

Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04 or some other form)

5. Gwinnett County Board of Commissioners (and any applicable Authority) should be shown as an additional insured on General Liability and Auto Liability policies.

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

7. Certificate Holder should read:

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

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit.

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

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

RP015-23 PAGE 15

*See above note regarding Professional Liability

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.

Surety Bonds (If Required)

All of the surety requirements will stay the same except the Surety Company must have the same rating as item 8 above.

RP015-23 PAGE 16

GENERAL CONDITIONS

TO CONSULTANT AGREEMENT

TABLE OF CONTENTS

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 CONSULTANT to Cooperate with other Consultants

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 Consultant

22 Notices

RP015-23 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 CONSULTANT signed by COUNTY and accepted by CONSULTANT, 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 CONSULTANT executes and enters into a Agreement with COUNTY to perform the Work.

1.5 Agreement Price-means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement.

1.6 Contract Time-means the period of time stated in this Agreement for the completion of the Work.

1.7 CONSULTANT-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 COUNTY, listed in this Agreement, and also such supplementary drawings as the CONSULTANT 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 Subconsultant-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with

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any of its subconsultants 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 CONSULTANT under this Agreement.

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

COUNTY and the CONSULTANT for all matters pertaining to this Agreement, including review of CONSULTANT's plans and work.

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

2.0.1 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 CONSULTANT's compensation, which are mutually agreed upon by and between the COUNTY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the

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4. PERSONNEL AND EQUIPMENT

The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT and responsible for the work prescribed by this Agreement.

5. ACCURACY OF WORK

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

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

6. FINDINGS CONFIDENTIAL

The CONSULTANT 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 CONSULTANT pursuant thereto shall become the property of the COUNTY and be delivered to 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.

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It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the CONSULTANT without prior approval from the COUNTY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the COUNTY or by the CONSULTANT 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 CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT 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 CONSULTANT 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 schedule 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 CONSULTANT under this Agreement shall become the property of the COUNTY, and the CONSULTANT 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 CONSULTANT. If the Agreement is terminated by the COUNTY as provided in this Article 8, the CONSULTANT 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 CONSULTANT 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 Director or his designee for processing and payment. The Gwinnett County Board of Commissioners shall be the final authority in the event of any disputes over authorized costs between the Director and the CONSULTANT.

9. CONSULTANTS TO COOPERATE WITH OTHER CONSULTANTS

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If the COUNTY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other consultants 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 CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by COUNTY employees.

10. INDEMNIFICATION

CONSULTANT 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 CONSULTANT. CONSULTANT'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.

CONSULTANT 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 CONSULTANT.

11. COVENANT AGAINST CONTINGENT FEES

The CONSULTANT 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 CONSULTANT for the purpose of securing business and that the CONSULTANT 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 CONSULTANT 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

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COUNTY and CONSULTANT 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 CONSULTANT during the term of this Agreement. The liability under such insurance policy shall be not less than in the attached.

The CONSULTANT 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 CONSULTANT shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that shown in the attached

Additionally, CONSULTANT shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that shown in the attached.

The policies shall be written by a responsible company(s), to be approved by the COUNTY, and shall be noncancellable 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.

13. PROHIBITED INTERESTS

13.1 Conflict of Interest: The CONSULTANT 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, unless disclosed per O.C.G.A.36-80-28. The CONSULTANT further agrees that, in the performance of the Agreement, no person having any such interest shall be employed.

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 CONSULTANT 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 subconsultant. The Department will not approve any subconsultant for work covered by this Agreement that has not been recommended for approval by the Department Director.

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All subcontracts in the amount of $10,000 or more shall include the provisions set forth in this Agreement.

15. ASSIGNABILITY

The CONSULTANT 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 CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT 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 CONSULTANT 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 subconsultant, 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 CONSULTANT 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…