Monroe PHMSA RFP Final.pdf

CITY OF MONROE

REQUEST FOR PROPOSAL

ENGINEERING & MANAGEMENT SERVICES

STEEL NATURAL GAS MAIN REPLACEMENT

September 21, 2026

The City of Monroe is located between Atlanta and Athens metro areas with a diverse population of about 16,270 per the most recent census, and serves as the county seat of Walton County. Monroe has a Council/Administrator form of government with a mayor elected at large and eight (8) councilmembers, who are elected by district or super-district. The mayor and members of the Council serve four-year terms, which are staggered by election.

The City of Monroe will be accepting proposals to contract services for a professional & licensed services firm (also referred to as the “consultant”) to provide engineering and design, permitting, contractor procurement, resident construction inspection services, project management, and NGDISM Grant administration services for the replacement of approximately 3.5 miles of pre-code ineffectively coated steel natural gas main within the City of Monroe’s service area with new polyethylene natural gas main.

The scope of this natural gas replacement project will be in accordance with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program. Firms shall submit a Proposal to the City which will be based on instructions and specifications provided within this document.

When downloading this document, please notify the City of Monroe at purchase@monroega.gov of your company name and contact information, so that you may be copied on any additional addendums during the process. Any questions about this Request for Proposal should be in writing only and directed to purchase@monroega.gov prior to 5:00 pm on October 13, 2026, at which point no other questions will be allowed (all times referenced are considered Eastern Standard Time). A full list of questions and answers will be provided to companies of record and posted on the website as an addendum no later than 5:00 pm on October 15, 2026.

This project will be administered by the City of Monroe through the Central Services Supervisor and Director of Water, Sewer, Gas, and Electric being the main points of contact for all questions during preliminary procedures and the proposal process. After contract award a project manager will be designated.

REQUEST FOR PROPOSAL SCHEDULE

The following outlines the timeline of dates to be followed for this specific proposal process.

Request for Proposal Issuance September 21, 2026 9:00 am Question Due Date (EMAIL) October 13, 2026 5:00 pm Answers October 15, 2026 5:00 pm Submission Deadline October 29, 2026 2:00 pm Contract Award November 10, 2026 6:00 pm Notice to Proceed November 11, 2026 9:00 am mailto:purchase@monroega.gov mailto:purchase@monroega.gov

SCOPE OF SERVICES REQUESTED

The following details the scope of services requested for the steel natural gas replacement project as proposed.

Design and construction shall include the alignment and installation of a complete natural gas system including, but not limited to, new natural gas main, connections to existing gas main, abandonment of existing gas mains to be replaced, and connection to existing natural gas services. The existing natural gas system must remain operational at all times during construction. Design and construction shall be in accordance with all applicable PHMSA requirements as well as those of authorities having jurisdiction over the applicable right-of-way for each project area.

The scope of work as described herein shall be completed under a single contract (reference Exhibit D:

Sample Consultant Contract) and in accordance with the requirements of PHMSA and the NGDISM Grant Program. The following is a basic overview of the work to be performed in this proposal; it is not an all-encompassing, scope of work. The final scope of work and price proposal shall be negotiated with the City of Monroe and the most qualified, responsive consultant.

1. Design & Bidding Phase A. Design & Bidding Phase will consist of the design of the proposed gas main replacement alignments, construction drawings, specifications, permitting, and coordination with required jurisdictions and City staff for project bidding.

B. The natural gas replacement included in the NGDISM Grant Program include the following areas within the City of Monroe’s natural gas system. All areas listed shall be designed and constructed as a single project and contract. The City will not break this list into multiple projects:

i. Midland Avenue

ii. Bold Spring Avenue

iii. North Madison Avenue

iv. Williams Street

v. East Highland Avenue

vi. Edwards Street

vii. Ford Street

viii. Colonial Drive

ix. Northview Drive

x. East Spring Street

xi. Hubbard Drive

xii. Baker Street

xiii. Bryant Road

C. Reference Exhibit A: Natural Gas Main Replacement Details for proposed gas main replacement details including existing material to be replaced, proposed PE gas main diameter, and estimated length of replacement along each roadway.

D. Reference Exhibit B: Project Location Map for an overall map locating the various parts of the project.

E. Detailed Construction Plans shall include, but are not limited to the following:

i. Proposed gas main alignments;

ii. Roadway edge of pavement, centerlines, names, etc.;

iii. Existing right-of-way boundaries;

iv. Existing facilities;

v. Waterways and associated buffers;

vi. Erosion and sedimentation control measures and narrative.

F. All gas main replacement will take place within the existing road rights-of-way.

G. Design Phase shall also include all permitting for installation with applicable jurisdictions for respective road right-of-way.

H. The selected consultant will manage the construction bid advertisement, bid opening and evaluation, and contract document preparation and execution.

2. Project Management & Contract Administration Phase A. Consultant shall be responsible for the completion and submittal of reporting requirements as set forth in the NGDISM Grant Program; reference Exhibit E: PHMSA FY24 Grant Terms and Conditions. Reports and documentation to be submitted include, but may not be limited to, the following:

i. Payment Reimbursements;

ii. Quarterly Project Progress Reports and Re-certifications;

iii. Final Progress Reports and Financial Reporting.

B. Consultant is also responsible for coordination with the City of Monroe and/or PHMSA Administrative in the event of budgetary, scheduling, and scope changes.

3. Resident Project Representation Services A. Resident Project Representative (RPR) services will be furnished by consultant to observe progress, quality of the work, and verify adherence to the contract documents and all applicable PHMSA requirements and regulations. The RPR delegate will serve as the consultant’s representative at the Site, as directed by, and under the supervision of the consultant.

B. The consultant shall have a RPR onsite at all times while construction activities are in progress.

C. Subject to the scope of RPR's observations of the Work which may include field checks of materials and installation, consultant shall endeavor to identify defects and deficiencies in the Work. The consultant or their designated RPR shall not supervise, direct, inspect, or have control over the Work.

D. The RPR shall not have authority over, or any responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Contractor, for security or safety at the Site, for safety precautions and programs incident to the Work or any Contractor's work in progress, for the coordination of the Contractors' work or schedules, or for any failure of any Contractor to comply with Laws and Regulations applicable to the performing and furnishing of its work.

E. The consultant (including RPR) neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents.

F. The duties and responsibilities of the RPR shall include, but is not be limited to the following:

i. Monitor construction contractor’s project status and project schedules;

ii. Attend all project related meetings, not including contractor’s safety meetings;

iii. Inform consultant of any work that does not comply with construction plans and specifications;

iv. Observe, record, and report to consultant appropriate details relative to the test procedures;

v. Accompany visiting inspectors representing public or other agencies having jurisdiction over the work, record the results of the inspections, and report to the consultant;

vi. Maintain orderly files for correspondence, meeting minutes, contract documents, contractor’s operations and qualification documentation, and all applicable project documentation;

vii. Prepare a daily report recording the contractor’s hours on the site, locations of work, subcontractor’s present onsite, weather conditions, daily activities, amount of facilities installed including street names, stations, and street addresses as applicable, and visitors;

viii. RPR shall submit maintained records to the consultant upon completion of construction.

SUBMISSION FORMAT

The following outlines the formatted order of items required for proposal submissions. All items should be included, clearly defined, and cross-referenced for ease of evaluation. Failure to include any requested items may result in the disqualification of the proposal submission. The format for submission is as follows:

1. Company Information

A. Brief history of the company, date of incorporation, number of full-time employees, financial statements of the last fiscal year. Submit Appendix B: Contractor Affidavit

Form in this section.

2. Project Team A. Provide an organizational chart of the project team that would be assigned to the project that would include, but not limited to the following team members:

i. Project Manager;

ii. Lead Engineer(s);

iii. Resident Project Representative;

iv. Other Key Personnel (If required)

v. Key Sub-Consultant Personnel (If required).

B. Provide one-page resumes for the project manager, lead engineer(s), resident project representative, key personnel and sub-consultants identified above (maximum ten pages total.) Each resume should indicate:

i. Individual’s location;

ii. Descriptive role on the project;

iii. Length of employment with this firm, or others within the last five years;

iv. Years of experience;

v. License or accreditation;

vi. Examples of specific and relevant experience.

3. Project Approach and Deliverables A. Discuss approach to the scope of work detailing the methodology of the tasks.

B. Discuss the strategies for achieving the project objectives.

C. Discuss the project end result deliverables.

4. Technical Experience

A. Provide detail of three (3) similar natural gas replacement projects that best illustrate the team’s ability to provide the requested services. Explain how these projects are similar to this request, and what the anticipated differences may be.

B. For each example, identify the specific roles played by the project team members.

C. Discuss the scope of the work, the work products provided, and outcome of the project.

Describe the team’s previous grant reporting and management experience. Provide insight on any hindrance or additional needs from the city that may be anticipated with serving this PHMSA grant. Reference Exhibit E: PHMSA FY24 Grant Terms and Conditions for more details.

D. Provide a minimum of five (5) client references with name, e-mail, telephone number, and reason for the reference. Do not include City of Monroe personnel as references.

Indicate the consultant’s ability to provide the insurance requirements as indicated on Exhibit C: Professional Services Insurance Requirements.

5. Project Schedule

A. Deadline for completion of construction per NGDISM Agreement is April 3, 2030.

B. Anticipated date for issuance of construction Notice to Proceed is November 11, 2026.

C. Based on the above, provide an estimated schedule for the completion of services. As a minimum, include the following phases:

i. Design Phase;

ii. Permitting;

iii. Milestone Reviews with City of Monroe;

iv. Bidding;

v. Construction.

6. Cost Proposal

A. Provide a proposed cost for project completion. Submit using Appendix A: Cost Proposal form.

B. Include your firm’s recent rate sheet with the cost proposal form.

7. Deviations A. Explanation of any deviations to the specifications as outlined in this document.

SUBMISSION

Provide three (3) copies of the proposal submission, including one (1) original as provided in the Submission Format section. Proposals may be submitted in person to the City of Monroe or by mail, but must be received no later than 2:00 pm on October 29, 2026. All submissions must be provided in a completely sealed package, and addressed to:

City of Monroe

REQUEST FOR PROPOSAL

Engineering & Management Services Steel Natural Gas Replacement Attn: Mark Harrison 215 North Broad Street Monroe, GA 30655

EVALUATION PROCESS

Evaluation of submitted proposals will be based on the criteria as listed below in the Evaluation Scoring section. The selection team may shortlist the highest-scoring firms and may invite any number of the highest-rated firms to participate in onsite interviews, or rank the submittals without an interview process. All expenses related to the submittal of this RFP or participation in any onsite interviews are the responsibility of the consultant with no obligation to the City. The decision to interview and the number of firms to interview is at the sole discretion of the evaluation team. The interview (if required) will be evaluated and scored, and this score will be added to the overall score.

The City reserves the right to negotiate the price and scope of work with the consultant scoring highest in an attempt to reach an agreement. If negotiations with the highest-scoring consultant are unsuccessful, the City may then negotiate with the second-highest-scoring consultant and so on until a satisfactory agreement has been reached.

EVALUATION SCORING

The following items are evaluation criteria for all qualifying proposals and will be rated on a point basis (100 points maximum, 120 points maximum with optional short list interview) by the evaluation team.

Firms must provide all information as required in Submission Format section.

i. Project Team/Management Qualifications/Experience (0-10 points)

ii. Project Approach and Deliverables (0-50 points)

iii. Technical Experience (0-20 points)

iv. Project Schedule (0-10 points)

v. Cost Proposal (0-10 points)

vi. Optional Interview (0-20 points)

CONTRACT AWARD

Award of contract(s) shall be made to the highest scoring responsive and responsible Proposal submission that is determined to be the most advantageous for the City, taking into account all of the evaluation factors set forth in this RFP and the ability to reach an agreement. No other factors or criteria shall be used in the evaluation. The City of Monroe reserves the right to reject any and all Proposals submitted in response to this RFP.

CONSIDERATIONS

The City of Monroe reserves the right to withdraw this Request for Proposal, reject any or all responses, and to waive any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City of Monroe. This proposal submission plus the resulting agreement, shall be consistent with all terms and conditions associated with contracts entered into by the City of Monroe.

The City of Monroe is not liable or responsible for any cost(s) incurred during the preparation, presentation, or submission as a response to this proposal request.

The City of Monroe may, at its discretion, change, add or remove features and functions from final contract for the installation/relocation of natural gas mains at any time.

Any terms such as shall, must, will, or is required that are used in the RFP, the reference is a mandatory requirement and failure to provide any mandatory requirement will result in the rejection of the submitted proposal. Any terms such as can, may, or should that are used in the RFP, the reference is a desirable requirement and failure to provide any desirable requirement will not result in the rejection of the submitted proposal, but may cause a reduction in scoring.

Any unauthorized contact regarding the proposal with staff or elected officials may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of

Monroe. All communication should be to Mark Harrison through written communication only to the email address provided in this document.

We thank you in advance for your submission and welcome any questions you may have during the process.

Mark Harrison Central Services Supervisor, City of Monroe 215 North Broad Street, P.O. Box 1249 Monroe, GA 30655

(770) 266-5415

APPENDIX REFERENCE

APPENDIX A Cost Proposal - Complete & Include in Appropriate Section APPENDIX B Contractor Affidavit Form - Complete & Include in Appropriate Section

EXHIBIT REFERENCE

EXHIBIT A Natural Gas Main Replacement Details EXHIBIT B Project Location Map EXHIBIT C Professional Services Insurance Requirement EXHIBIT D Sample Consultant Contract EXHIBIT E PHMSA FY24 NGDISM Grant Terms & Conditions

APPENDIX A: Cost Proposal

NOT TO EXCEED PRICE for ALL Requirements

_________________________________(Number Format)

_______________________________________________________________________(Written Format)

Cost Proposal MUST include all general and administrative costs, profits, travel, per diem, and ALL costs associated with this contract. This cost is to be considered the NOT TO EXCEED PRICE that will be used in the evaluation process. Consultant may be contacted for cost proposal negotiations.

POTENTIAL ADDITIONAL Scope and/or Services

In order to allow for additional work beyond the initial scope of services, please include hourly rate schedules for all applicable project team positions and external consultants (if applicable).

APPENDIX B: Contactor Affidavit Form

Engineering and Project Management Services associated with the Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program

Company Name: _______________________________________________________________________ Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor Name of Public Employer

Street Address City/State/Zip Code

Executed on _________________, 2026 in ________________________ (city), ______________ (state).

Printed Name & Title of Authorized Officer/Agent Signature of Authorized Officer/Agent

SUBSCRIBED AND SWORN BEFORE ME NOTARY PUBLIC

ON THIS THE ____ DAY OF ___________, 2026. My Commission Expires: ____________

EXHIBIT A: Natural Gas Main Replacement Details

Street Name Existing Material

Pipe Size (Inches)

Proposed Material

Estimated Linear Feet of

Replacement

Midland Avenue Steel 6 Polyethylene 1,921

Bold Spring Avenue Steel 2 Polyethylene 1,626

North Madison Avenue Steel 4 Polyethylene 1,558

Williams Street Steel 2 Polyethylene 500

East Highland Avenue Steel 2 Polyethylene 730

Edwards Street Steel 2 Polyethylene 2,345

Ford Street Steel 2 Polyethylene 1,117

Colonial Drive Steel 2 Polyethylene 250

Northview Drive Steel 2 Polyethylene 270

East Spring Street Steel 4 Polyethylene 4,131

Hubbard Street Steel 2 Polyethylene 750

Baker Street Steel 2 Polyethylene 1,475

Bryant Road Steel 2 Polyethylene 1,100

EXHIBIT B: Project Location Map

EXHIBIT C: Professional Services Insurance Requirements

1. Statutory Workers' Compensation Insurance

a. Employers Liability:

i. Bodily Injury by Accident - $100,000 each accident;

ii. Bodily Injury by Disease - $500,000 policy limit;

iii. 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:

i. 1986 (or later) ISO Commercial General Liability Form;

ii. Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04);

iii. Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations);

iv. Blanket Contractual Liability;

v. Broad Form Property Damage;

vi. Severability of Interest;

vii. Underground, explosion, and collapse coverage;

viii. Personal Injury (deleting both contractual and employee exclusions);

ix. Incidental Medical Malpractice;

x. Hostile Fire Pollution Wording.

3. Auto Liability Insurance

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

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

c. Additional Insured Endorsement.

d. Contractual Liability.

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

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

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

5. City of Monroe 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 as Additionally Insured should read:

City Of Monroe 215 North Broad Street Monroe, Georgia 30655

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.

See above note regarding Professional Liability

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

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 the City as to form and content has been filed with the City. 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 City of Monroe, the Mayor, City Council members, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

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 City will be included as a Loss Payee in this coverage for City owned equipment, tools, supplies, and contents.

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

EXHIBIT D: Sample Consultant Contract

CONSULTANT CONTRACT (Sample) Engineering and Project Management Services associated with the Natural Gas Distribution

Infrastructure Safety and Modernization (NGDISM) Grant Program

This CONTRACT made and entered into this _____day of ______________, 2026 by and between the City of Monroe, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia (Party of the First Part, hereinafter called the CITY), and (Party of the Second Part, hereinafter called the Consultant).

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 upon execution of contract.

2. ATTACHMENTS

Copies of the Consultant's proposal, including all drawings, specifications, price lists, Instructions to Submitters, General Conditions, Special Provisions, and Detailed Specifications submitted to the City during the Proposal process (hereinafter collectively referred to as the "Proposal") are attached hereto (Exhibit A) and are specifically incorporated herein by reference. In the event of a conflict between the City's contract documents and the Proposal, the City's contract documents shall control.

3. PERFORMANCE

Consultant 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 Proposal.

4. PRICE

As full compensation for the performance of this Contract, the City shall pay the Consultant for the actual quantity of work performed, which shall in no event exceed $______________. The fees for the work to be performed under this Contract shall be charged to the City in accordance with the rate schedule referenced in the Proposal (Exhibit A). The City agrees to pay the Consultant following receipt by the City of a detailed invoice, reflecting the actual work performed by the Consultant.

5. INDEMNIFICATION AND HOLD HARMLESS

CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its Mayor, City Council members, 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 CITY, its Mayor, City Council members, 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.

6. TERMINATION FOR CAUSE

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

7. TERMINATION FOR CONVENIENCE

The CITY may terminate this Contract for its convenience at any time upon 30 days written notice to the Consultant. In the event of the CITY's termination of this Contract for convenience, the Consultant 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 Consultant, which shall itemize each element of performance.

8. CONTRACT NOT TO DISCRIMINATE

During the performance of this Contract, the Consultant 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 Consultant 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 Consultant 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 sub-consultant, providing that the foregoing provisions shall not apply to contracts or sub-consultants for standard commercial supplies of raw materials.

9. ASSIGNMENT

The Consultant 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 City in writing.

10. WAIVER

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

11. SEVERABILITY

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

12. GOVERNING LAW

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

13. MERGER CLAUSE

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

CITY OF MONROE, GEORGIA

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

MONROE, GEORGIA

By: ________________________________ John Howard, Mayor City of Monroe, Georgia

Attest: ________________________________ Laura Powell, City Clerk City of Monroe, Georgia

Approved As To Form: ________________________________ City of Monroe Attorney

CONSULTANT: ___________________________________

Signature

Print Name

Title

Attest/Signature

Print Name

Corporate Secretary (Seal)

PHMSA FY24 NGDISM Grant Terms and Conditions

Table of Contents

ARTICLE 1 - PURPOSE

1.1 Purpose

ARTICLE 2 - PHMSA ROLE

2.1 PHMSA Responsibilities

ARTICLE 3 - RECIPIENT ROLE

3.1 Statements on the Project

3.2 Statements on Authority and Capacity

3.3 PHMSA Reliance

3.4 Project Delivery

3.5 Rights and Powers Affecting the Project

ARTICLE 4 - AWARD AMOUNT, OBLIGATIONS, AND TIME PERIODS

4.1 Federal Award Amount

4.2 Budget Period

4.3 Period of Performance

ARTICLE 5 - STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES

5.1 Notification Requirement

5.2 Scope and Statement of Work Changes

5.3 Schedule Changes

5.4 Budget Changes

5.5 PHMSA Acceptance of Changes

ARTICLE 6 - GENERAL REPORTING TERMS

6.1 Report Submission

6.2 Alternative Reporting Methods

6.3 Paperwork Reduction Act Notice

ARTICLE 7 - PROGRESS AND FINANCIAL REPORTING

7.1 Quarterly Project Progress Reports and Recertifications

7.2 Final Progress Reports and Financial Reporting

ARTICLE 8 - PERFORMANCE MEASUREMENT

8.1 Site Visits and Desk Audits

8.2 Compliance with Pipeline Safety Regulations

ARTICLE 9 - NONCOMPLIANCE AND REMEDIES

9.1 Noncompliance Determinations

9.2 Remedies

9.3 Other Oversight Entities

ARTICLE 10 - AGREEMENT TERMINATION

10.1 PHMSA Termination

10.2 Closeout Termination

10.3 Post-Termination Adjustments

10.4 Non-Terminating Events

10.5 Other Remedies

EXHIBIT E:

ARTICLE 11 - MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND

RECORDS

11.1 Recipient Monitoring and Record Retention

11.2 Financial Records and Audits

11.3 Internal Controls

ARTICLE 12 - CONTRACTING

12.1 Procurement Standards

12.2 Buy America

12.3 Prohibition on Certain Telecommunications and Video Surveillance Services or

Equipment

12.4 Government-wide Debarment and Suspension (Non-Procurement)

ARTICLE 13 - COSTS, PAYMENTS, AND UNEXPENDED FUNDS

13.1 Limitation of Federal Award Amount

13.2 Project Costs

13.3 Timing of Project Costs

13.4 Recipient Recovery of Federal Funds

13.5 Unexpended Federal Funds

13.6 Timing of Payments to the Recipient

13.7 eInvoicing

13.8 Payments

13.9 Information Supporting Expenditures

13.10 Indirect Cost Rate

ARTICLE 14 - LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY

14.1 Liquidation of Recipient Obligations

14.2 Funds Cancellation

ARTICLE 15 - AGREEMENT MODIFICATIONS

15.1 Bilateral Modification

15.2 PHMSA Unilateral Modifications

15.3 Other Modifications

ARTICLE 16 - FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND

NATIONAL POLICY REQUIREMENTS

16.1 Uniform Administrative Requirements for Federal Awards

16.2 Federal Law and Public Policy Requirements

16.3 Federal Freedom of Information Act

16.4 History of Performance

16.5 Whistleblower Protection

16.6 Prohibition on Awarding to Entities that Require Certain Internal Confidentiality

Agreements

16.7 Executive Orders

16.8 National Environmental Policy Act

16.9 Labor and Work

16.10 Critical Infrastructure Security and Resilience

16.11 811, Call Before You Dig Program

16.12 External Award Terms and Condition

16.13 Incorporated Certifications

ARTICLE 17 - ASSIGNMENT

17.1 Assignment Prohibited

ARTICLE 18 - WAIVER

18.1 Waivers

ARTICLE 19 - ADDITIONAL TERMS AND CONDITIONS

19.1 Disclaimer of Federal Liability

19.2 Relocation and Real Property Acquisition

19.3 Equipment Disposition

19.4 Notice of News Releases, Public Announcement, and Presentations

19.5 Reporting Fraud, Waste, or Abuse

ARTICLE 20 - MANDATORY AWARD INFORMATION

20.1 Information Contained In a Federal Award

20.2 Federal Award Identification Number

20.3 Recipient’s Unique Entity Identifier

ARTICLE 21 - CONSTRUCTION AND DEFINITIONS

21.1 Incorporation by Reference

21.2 Construction

21.3 Integration

21.4 Definitions

ARTICLE 22 - AGREEMENT EXECUTION AND EFFECTIVE DATE

22.1 Counterparts

22.2 Effective Date

GENERAL TERMS AND CONDITIONS

The Infrastructure Investment and Jobs Act, Publ. L. No. 117-58, Div. J (Nov. 15, 2021)

(the “IIJA”) made funds available to the Pipeline and Hazardous Materials Safety Administration

(“PHMSA”) to carry out the Natural Gas Distribution Infrastructure Safety and Modernization

(“NGDISM”) Grant Program by providing Federal financial assistance to municipality-owned or community-owned utilities (not including for-profit entities) to repair, rehabilitate, or replace their natural gas distribution pipeline systems or portions thereof or to acquire equipment to (1) reduce incidents and fatalities and (2) avoid economic losses.

These General Terms and Conditions govern the rights and obligations of PHMSA, and the entity named in PHMSA’s Assistance Agreement’s, Box 5 Awarded To of (the “Recipient”) with respect to the Recipient’s Fiscal Year 2024 NGDISM award.

ARTICLE 1 - PURPOSE

1.1 Purpose. The purpose of this award is to fund an eligible Fiscal Year 2024 NGDISM project to repair, rehabilitate, or replace a municipality-owned or community-owned natural gas distribution pipeline system or portions thereof or to acquire equipment to (1) reduce incidents and fatalities and (2) avoid economic losses. The parties will accomplish that purpose by achieving the following objectives:

(a) timely completing the Project; and

(b) ensuring that this award does not substitute for non-Federal investment in the

Project.

ARTICLE 2 - PHMSA ROLE

2.1 PHMSA Responsibilities. PHMSA will administer this agreement on behalf of the

United States Department of Transportation (“USDOT”). PHMSA is responsible for the overall administration of the NGDISM program and any modifications to this agreement.

ARTICLE 3 - RECIPIENT ROLE

3.1 Statements on the Project. The Recipient represents that:

(a) all material facts in the Recipient’s Initial Application (as defined in Section 21.4) were accurate when that application was submitted; and

(b) if the Recipient submitted a Final Application (as defined in Section 21.4), all material facts in the Recipient’s Final Application are accurate as of the date of this agreement, and that the Final Application documents all material changes in the information contained in the Initial Application.

3.2 Statements on Authority and Capacity. The Recipient represents that:

(a) it has the authority to receive Federal financial assistance under this agreement;

(b) it has the legal authority to complete the Project;

(c) it has the ability or capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;

(d) it has sufficient funds available to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement, applicable Federal law, and applicable pipeline safety regulations; and

(e) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the representations in this Article 3 and in section

16.13 on behalf of the Recipient.

3.3 PHMSA Reliance. The Recipient acknowledges that:

(a) PHMSA relied on statements of fact in the Initial Application to select the Project to receive this award;

(b) PHMSA relied on statements of fact in the Initial Application to determine that the Recipient and the Project are eligible under the terms of the NOFO and the program statute;

(c) PHMSA relied on statements of fact in the Initial Application and/or the Final

Application, and this agreement to establish the terms of this agreement; and

(d) PHMSA’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.

3.4 Project Delivery.

(a) The Recipient shall complete the Project under the terms of this agreement.

(b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all Federal and State laws, regulations, and policies that are applicable to PHMSA projects.

3.5 Rights and Powers Affecting the Project.

(a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement, or any action that would affect the Recipient’s eligibility for the NGDISM program, without PHMSA’s prior written approval.

(b) The Recipient shall act promptly, in a manner acceptable to PHMSA, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.

ARTICLE 4 - AWARD AMOUNT, OBLIGATIONS, AND TIME PERIODS

4.1 Federal Award Amount. PHMSA hereby awards a NGDISM Grant to the Recipient in the amount described in PHMSA Assistance Agreement Box 12, Total Amount.

4.2 Budget Period. This award will have one budget period, which will run concurrently with the Period of Performance described in section 4.3. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.

4.3 Period of Performance. The Period of Performance for this award begins and ends on the dates stated in PHMSA’s Assistance Agreement’s Box 7, Period of Performance. In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.

ARTICLE 5 - STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES

5.1 Notification Requirement. The Recipient shall notify PHMSA in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the

Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. As described in sections 5.2 through 5.4, the Recipient shall request a modification of this agreement as necessary.

5.2 Scope and Statement of Work Changes. If the Project’s scope or activities differ from the scope or activities described in the Recipient’s Initial and/or Final Application, then the Recipient shall request a modification of this agreement to update the Recipient’s

Initial and/or Final Application.

5.3 Schedule Changes. If one or more of the following conditions are satisfied, then the

Recipient shall request a modification of this agreement to update the Period of

Performance or the project schedule in the Recipient’s Initial and/or Final Application, as applicable:

(a) a completion date for the overall Project or a milestone of the Project is listed in the Recipient’s Initial and/or Final Application, and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in the Recipient’s Initial and/or Final Application; or

(b) a schedule change would require the Period of Performance to continue after the

Period of Performance listed in section 4.3.

5.4 Budget Changes.

(a) The Recipient acknowledges that if the cost of completing the Project increases:

(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project;

(2) PHMSA will not increase the amount of this award to address any funding shortfall; and

(3) the Recipient shall notify PHMSA, in writing, if the Recipient anticipates being unable to fully complete the Project due to the increased cost.

(b) If there are Project Cost Savings, then the Recipient may propose to PHMSA, in writing consistent with PHMSA’s requirements, to include in the Project specific additional activities that are within the scope of the Recipient’s approved National

Environmental Policy Act (“NEPA”) document, and that the Recipient could complete with the Project Cost Savings.

In this agreement, “Project Cost Savings” means the difference between the actual allowable project costs and the Federal Award Amount listed in section 4.1, but only if the actual allowable project costs are lower than the Federal Award

Amount.

(c) If there are Project Cost Savings and either the Recipient does not make a proposal under section 5.4(b) or PHMSA does not accept the Recipient’s proposal under section 5.4(b), then:

(1) the Recipient shall request a modification of this agreement to reduce the

Federal Award Amount listed in section 4.1 by the amount of the Project

Cost Savings; and

(2) if PHMSA had reimbursed costs exceeding the reduced Federal Award

Amount, the Recipient shall refund to PHMSA the difference between the reimbursed costs and the reduced Federal Award Amount.

(d) The Recipient acknowledges that amounts that are required to be refunded under section 5.4(c)(2) constitute a debt to the Federal Government that PHMSA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31

C.F.R. parts 900–999).

5.5 PHMSA Acceptance of Changes. PHMSA may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the NGDISM program and PHMSA. The Recipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement this agreement unless PHMSA accepts that modification request and the parties modify this agreement under section 15.1.

ARTICLE 6 - GENERAL REPORTING TERMS

6.1 Report Submission. The Recipient shall send all reports required by this agreement to

PHMSA using the process required by PHMSA.

6.2 Alternative Reporting Methods. PHMSA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by PHMSA.

6.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Notwithstanding any other term of this agreement, the due date for any information collections required under this agreement, including the reporting requirements in articles 7 and 8, is the later of (1) the due date stated with the requirement and (2) the 30th day after OMB approves that information collection.

ARTICLE 7 - PROGRESS AND FINANCIAL REPORTING

7.1 Quarterly Project Progress Reports and Recertifications. Recipient quarterly reports shall be submitted by the 30th calendar day after the quarterly reporting period ends (Q1

Jan 30th; Q2 April 30th; Q3 July 30th and Q4 October 30th) each calendar year quarter and until the end of the Period of Performance. The Recipient shall submit to PHMSA a

Quarterly Project Progress Report in the format and with the content required by

PHMSA.

7.2 Final Progress Reports and Financial Reporting. No later than 120 days after the end of the Period of Performance, the Recipient shall submit:

(a) a Final Project Progress Report in the format and with the content required by

PHMSA; and

(b) any other information required under PHMSA’s award closeout procedures.

ARTICLE 8 - PERFORMANCE MEASUREMENT

8.1 Site Visits and Desk Audits. There will be at least one site visit per recipient during the

Period of Performance, with the option of additional site visits/desk audits if needed to address deficiencies and/or more complex issues that require face-to-face technical assistance.

8.2 Compliance with Pipeline Safety Regulations. The Recipient must ensure that the

Project is completed in accordance with applicable pipeline safety laws and regulations, including the notification requirements in 49 C.F.R. 191.22(c) as applicable.

ARTICLE 9 - NONCOMPLIANCE AND REMEDIES

9.1 Noncompliance Determinations.

(a) If PHMSA determines that the Recipient may have failed to comply with the

United States Constitution, Federal law, or the terms and conditions of this agreement, PHMSA may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and PHMSA must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the

Recipient may respond to the notice.

(b) If PHMSA notifies the Recipient of a proposed determination of noncompliance under section 9.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:

(1) accept the remedy;

(2) acknowledge the noncompliance, but propose an alternative remedy; or

(3) dispute the noncompliance.

To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance.

(c) PHMSA may make a final determination of…