RP001_25Inv.pdf

July 1, 2024

REQUEST FOR PROPOSAL

RP001-25

The City of Lawrenceville is soliciting competitive sealed proposals from qualified consultants to provide Engineering and Project Management Services associated with the Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program for the Lawrenceville Natural Gas Department.

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 3:00 P.M. local time on Monday, August 5, 2024, at Lawrenceville Finance Department, 70 S. Clayton Street, Main Level, Room M46A, 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.

Proposals are legal and binding upon the bidder when submitted. One (1) unbound original, three

(3) bound copies, and one (1) PDF electronic copy without FEE SCHEDULE should be submitted. The FEE SCHEDULE & RATE SHEET should be in a separate sealed envelope.

Questions regarding proposals should be directed to Steve Murray, Purchasing Director, at steve.murray@lawrencevillega.org, no later than 3:00 P.M. on July 18, 2024.

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

Selection criteria is outlined in the request for proposal documents. The City of Lawrenceville 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 sent to companies submitting a proposal via email.

We look forward to your proposal and appreciate your interest in the City of Lawrenceville.

Steve Murray, CPPB Purchasing Director mailto:steve.murray@lawrencevillega.org

RP001-25 - Engineering and Project Management Services - NGDISM Page 2

REQUEST FOR PROPOSAL

1.0 INTRODUCTION

1.1 Purpose of Procurement

The purpose of this Request for Proposal (RFP) is to select a professional & licensed services firm (also referred to as the “consultant”) to provide engineering and design, permitting, assisting with contractor procurement, resident construction inspection services, project management, and NGDISM Grant administration services for the replacement of approximately 21.11 miles of pre-code ineffectively coated steel and vintage polyethylene natural gas main within the City of Lawrenceville’s service area with new polyethylene gas main. The scope of natural gas replacements will be in accordance with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the NGDISM Grant Program. Offerors shall submit a Proposal to the City which will be based on instructions and specifications provided herein.

1.2 Basic Guidelines

All proposals shall be evaluated in accordance with the evaluation criteria set forth in this Request for Proposals (RFP). Individuals, firms and businesses seeking an award of a City of Lawrenceville contract may not initiate or continue any verbal or written communications regarding a solicitation with any City officer, elected official, employee or other City representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the City Council.

It is the intent of the City of Lawrenceville to award a contract agreement to the responsible offeror whose proposal is determined in writing to be the most advantageous for the City, taking into account all of the evaluation factors outlined in this RFP. No other factors or criteria shall be used in the evaluation. The City of Lawrenceville reserves the right to reject any and all proposals submitted in response to this request.

2.0 DESCRIPTION OF REQUIREMENTS

2.1 Definition of Terms

The City of Lawrenceville has established certain requirements with respect to the submission of proposals.

Whenever the terms "shall", "must", "will", or "is required" are used in the RFP, the specification being referred to is a mandatory requirement of this RFP. Failure to meet any mandatory requirement will cause rejection of Offeror's proposal.

Whenever the terms "can", "may", or "should" are used in the RFP, the specification being referred to is a desirable requirement and failure to provide any items so termed may not be cause for rejection, however, may cause a reduction in score awarded/ranking.

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2.2 Scope of Work

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 mains, 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 and in accordance with the requirements of PHMSA and the NGDISM Grant Program. The following is a basic overview of the work to be bid on for completion; it is not an all-encompassing, scope of work. The final scope of work and price proposal shall be negotiated with the City of Lawrenceville and the most qualified, responsive consultant.

A. Design & Bidding Phase

1. 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.

2. The natural gas replacement included in the NGDISM Grant Program include the following areas within the City of Lawrenceville’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:

a. Azelea Drive

b. Black Oak Subdivisions – Phase 2

c. Calvin Davis Circle

d. Industrial Park Drive and Harris Drive

e. La Mesa Drive

f. Lendon Lane

g. Morningside Drive and SR 124

h. Pine Valley Trailer Park

i. Russel Road

j. Sandalwood Circle

k. Village Way

l. Winder Industrial Way

m. Grayland Hills

n. SR 20 – Davis Road to Plantation Road

o. US Hwy 29

p. Mill Ridge Court

q. Stoneshyre Court

r. Tig Knight Road

3. See 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.

RP001-25 - Engineering and Project Management Services - NGDISM Page 4

4. See Exhibit B “Project Location Map” for an overall map locating the various parts of the project.

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

a. Proposed gas main alignments

b. Roadway edge of pavement, centerlines, names, etc.

c. Existing right-of-way boundaries

d. Existing facilities

e. Waterways and associated buffers

f. Erosion and sedimentation control measures and narrative.

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

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

8. The City of Lawrenceville will manage the construction bid advertisement, bid opening and evaluation, and contract document preparation and execution. Design consultant may be involved to address bidder questions, requests for information, and/or to create addenda during the Bid Phase.

B. Project Management & Contract Administration Phase

1. Consultant shall be responsible for the completion and submittal of reporting requirements as set forth in the NGDISM Grant Program (See Exhibit E “PHMSA FY22 Grant Terms and Conditions”). Reports and documentation to be submitted include, but may not be limited to, the following:

a. Payment Reimbursements

b. Quarterly Project Progress Reports and Recertifications

c. Final Progress Reports and Financial Reporting

2. Consultant is also responsible for coordination with the City of Lawrenceville and/or

PHMSA Administrative in the event of budgetary, scheduling, and scope changes.

C. Resident Project Representation Services

1. Resident Project Representative (RPR) services will be furnished by the 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.

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

3. Subject to the scope of RPR's observations of the Work which may include field checks of materials and installation, the consultant shall endeavor to identify defects

RP001-25 - Engineering and Project Management Services - NGDISM Page 5 and deficiencies in the Work. The consultant or their designated RPR shall not supervise, direct, inspect, or have control over the Work.

4. 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 Constructor, for security or safety at the Site, for safety precautions and programs incident to the Work or any Constructor's work in progress, for the coordination of the Constructors' work or schedules, or for any failure of any Constructor to comply with Laws and Regulations applicable to the performing and furnishing of its work.

5. The consultant (including RPR) neither guarantees the performance of any

Constructor nor assumes responsibility for any Constructor's failure to furnish and perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents.

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

a. Monitor construction contractor’s project status and project schedules.

b. Attend all project-related meetings, not including contractor’s safety meetings.

c. Inform the consultant of any work that does not comply with construction plans and specifications.

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

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

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

g. 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.

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

3.0 PROPOSAL SUBMISSION AND EVALUATION

3.1 Economy of Presentation

Proposals shall be prepared simply and economically, providing a straightforward, concise delineation of the Offeror's capabilities to satisfy the requirements of this RFP. Fancy bindings, colored displays, and promotional material are not required. Emphasis on each statement must be on completeness and clarity of content. To expedite the evaluation of proposals, it is essential that Offerors follow the format and instructions contained herein.

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3.2 Organization and Content of Proposals

The proposal package shall be organized in a manner such that the following requirements in the RFP are cross-referenced in the proposal. The locations within the proposal where each requirement is met must be identified.

The offeror should provide information on the following which will be evaluated and assigned points as determined by the evaluation team by preparation of an evaluation worksheet(s) that will follow the RFP stated requirements. Evaluation worksheets are not available during the solicitation process.

Present your response in the following manner:

1. Project Approach and Deliverables:

A. Discuss the 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.

2. Technical Experience:

A. Provide detail on three (3) similar natural gas replacement projects (1-page maximum per example) 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 hinderance or additional needs from the city that may be anticipated with serving this PHMSA grant. See Exhibit E “PHMSA FY22 Grant Terms and Conditions” for more details.

D. Provide a maximum of three (3) client references with name, e-mail, telephone number and reason for the reference. Do not include City of Lawrenceville personnel as references.

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

3. Project Team:

A. Provide an organizational chart (1 page) of the project team that would be assigned to the project that would include, but not limited to the following team members:

1. Project Manager

2. Lead Engineers

3. Resident Project Representative

4. Other Key Personnel (If required)

5. Key Sub-Consultant Personnel (If required)

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

1. Individual’s location

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2. Descriptive role on the project

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

4. Years of experience

5. License or accreditation

6. Examples of specific and relevant experience

4. Project Schedule

A. Deadline for completion of construction per NGDISM Agreement is 5/1/2027.

B. Anticipated date for issuance of construction Notice to Proceed is 1/10/2025.

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

1. Design Phase

2. Permitting

3. Milestone Reviews with City of Lawrenceville

4. Bidding

5. Construction

5. Cost Proposal

A. Provide a proposed cost for project completion. Submit using Appendix A “Cost Proposal” form (separate sealed envelope).

B. Include your firms recent rate sheet with the cost proposal form.

3.3 Proposal Submittal

Proposals must be submitted at the specified location no later than the date and time specified herein:

a Technical Proposal (original and three copies) and a Cost Proposal (original). The proposal packages shall be sealed in separate envelopes and identified as follows:

Technical Proposal or Cost Proposal (as applicable):

Engineering and Project Management Services; RP001-25 Submittal Date and Time:

The Proposal Letter and Certification, included as page two of this RFP, should be included in the package and must be signed by a person authorized to legally bind the company. FAILURE TO

INCLUDE THIS SIGNED PROPOSAL LETTER MAY RESULT IN THE REJECTION OF

YOUR RESPONSE.

3.4 Evaluation Criteria and Process

3.4.1 Review and Ranking of Proposals

During the first phase of the evaluation, the Evaluation Team will have access to all proposal materials except the separately sealed Cost Proposal. Proposals will initially be scored based on the technical criteria and references. The selection team may shortlist the highest-scoring firms before opening Cost Proposals. The number of respondents shortlisted will be at the sole discretion of the selection team. The selection team may invite any number of the highest-rated firms to participate in onsite interviews, or rank the submittals without an interview process.

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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.

3.4.2 Scoring Criteria

The following items are evaluation criteria for all qualifying proposals and will be rated on a point basis by the evaluation team. Offerors must provide all information as required in Section 3.2.

A. Project Approach and Deliverables (0-50 points) B. Technical Experience (0-20 points) C. Project Team Qualifications / Project Management Experience (0-10 points) D. Cost Proposal (0-10 points) E. Project Schedule (0-10 points)

Total – 100 points

F. Optional Interview (Additional 0-20 points)

3.4.3 Award of Contract

Award of contract(s) shall be made to the highest scoring responsive and responsible Offeror(s) who’s Proposal 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 Lawrenceville reserves the right to reject any and all Proposals submitted in response to this RFP.

APPENDICES:

Appendix A Cost Proposal - Complete & include in a separate envelope Appendix B Contractor Affidavit Form - Complete & include in RFP package appendix

EXHIBITS:

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 FY22 NGDISM Grant Terms & Conditions

RP001-25 - Engineering and Project Management Services - NGDISM Page 9

APPENDIX A

COST PROPOSAL

I. NOT TO EXCEED PRICE for ALL Requirements (including G & A*)

$ (Numbers)

(Words)

*G & A = all General and Administrative Costs, Profits, Travel, per diem, and ALL costs associated with this contract. This is the not to exceed price that will be used in the evaluation. Consultant may be contacted for cost proposal negotiations.

II. POTENTIAL ADDITIONAL SCOPE AN/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 required).

Submit Cost Proposal & Rate Sheet in Separate Sealed Envelope

RP001-25 - Engineering and Project Management Services - NGDISM Page

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 _________, _____, 20_____ in _______________ (city), __________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 20______. NOTARY PUBLIC

My Commission Expires: __________________

APPENDIX B

CONTACTOR

AFFIDAVIT

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EXHIBIT A

NATURAL GAS MAIN REPLACEMENT DETAILS

Street Name Exist. Gas

Main Material

Proposed PE Gas Main Diameter (inches)

Total Estimated Linear Feet of Proposed Main

Azelea Drive Pre-Code Steel 4 5,000 Black Oak Subdivision (Phase 2) Pre-Code Steel 2 17,000 Calvin Davis Circle Pre-Code Steel 2 1,000 Industrial Park Drive & Harris Drive Pre-Code Steel 2 7,900 La Mesa Drive Pre-Code Steel 2 5,900 Lendon Lane Pre-Code Steel 2 2,300 Morningside Drive Pre-Code Steel 2 7,500 SR 124 Pre-Code Steel 4 7,800 Pine Valley Drive Pre-Code Steel 2 4,900 Russell Road Pre-Code Steel 4 4,300 Sandalwood Circle Pre-Code Steel 2 7,000 Village Way Pre-Code Steel 2 5,800 Winer Industrial Way Pre-Code Steel 2 1,300 Grayland Hills Vintage PE 2 11,500 SR 20 (Davis Road to Plantation Road) Vintage PE 4 4,600 US Hwy 29 (West Crogran Street) Vintage PE 4 13,000 Mill Ridge Court Vintage PE 2 1,200 Stoneshyre Court Vintage PE 2 600 Tig Knight Road Vintage PE 2 2,900

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EXHIBIT B

PROJECT LOCATION MAP

REV. 5.18.2015

EXHIBIT C

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 City of Lawrenceville project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $2,000,000 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. City of Lawrenceville 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:

City of Lawrenceville 70 S. Clayton St.

P.O. Box 2200 Lawrenceville, Georgia 30046

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/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 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 Lawrenceville, 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.

Rev. 05/15

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 , 20 by and between the City of Lawrenceville, 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 Bidders, General Conditions, Special Provisions, and Detailed Specifications submitted to the City during the Proposal process (hereinafter collectively referred to as the "Bid 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 Bid 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 Bid 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 Bid 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 subconsultant, providing that the foregoing provisions shall not apply to contracts or subconsultants 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.

(Signature Next Page)

CITY OF LAWRENCEVILLE, GEORGIA

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

LAWRENCEVILLE, GEORGIA

By:

David R. Still, Mayor City of Lawrenceville, Georgia

ATTEST:

Signature Karen Pierce, City Clerk City of Lawrenceville, Georgia

APPROVED AS TO FORM:

City of Lawrenceville Attorney Pereira, Kirby, Kinsinger & Nguyen, LLP

CONSULTANT:

BY:

Signature

Print Name

Title

ATTEST:

Print Name Corporate Secretary (Seal)

REV. 5/21/2015

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 CITY

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

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 CITY-means Lawrenceville, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia.

1.2 Supplemental Agreement-means a written order to CONSULTANT signed by CITY 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 an Agreement with CITY 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 CITY 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 CITY, 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 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 CITY who shall act as Liaison between the CITY 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 CITY 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 CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement.

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 CITY. Primary liaison with the CITY 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 CITY 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 CITY 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 CITY, 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 CITY 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 CITY.

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 CITY, 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 CITY 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 CITY 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 CITY, 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 CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the CITY.

8. TERMINATION FOR CONVENIENCE OF THE CITY

The CITY 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 CITY 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 CITY 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

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

10. INDEMNIFICATION

CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, 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 CITY, 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-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY 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 CITY 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 CITY, and shall be noncancellable except on thirty (30) days' written notice to the CITY. Such policies shall name the CITY 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. 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 CITY 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.

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 CITY.

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…