RP005_24 INV.pdf

RP005-24 Page 1

April 17, 2024

REQUEST FOR PROPOSAL

RP005-24

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified vendors for the Provision of Engineering Design Services and Construction Document Development for Loop Trail from Sugarloaf Parkway to Saint Ives Court for the Department of Transportation.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 P.M. local time on May 8, 2024 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 3:00 P.M. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

A WebEx Pre-Bid Meeting is scheduled for 10:00 A.M. on April 22, 2024. To access, dial 1-408-418-9388, enter Access code 23448154501##. All interested parties are urged to attend. The pre-bid conference is to be utilized by contractors and subcontractors to ask any questions in order to submit a bid for this project.

Questions regarding proposals should be directed to Michael Milstein, Purchasing Associate II at michael.milstein@GwinnettCounty.com or by calling 770-822-7811, no later than 3:00 pm April 23, 2024.

Proposals are legal and binding upon the vendor when submitted. One unbound single sided original and four (4) bound copies should be submitted. All copies must be identical to the original. The Proposal Fee should be submitted in a separately sealed container and should NOT be included in the individual proposals submitted.

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

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

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

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

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

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

Michael Milstein Purchasing Associate II http://www.gwinnettcounty.com/ mailto:michael.milstein@GwinnettCounty.com http://www.gwinnettcounty.com/

RP005-24 Page 2

I. Introduction

A. Overview

Gwinnett County is soliciting responses from qualified firm(s) or organization(s) to provide consultant services for a bicycle and pedestrian multi-use path and boardwalk project that begins at the intersection of Sugarloaf Parkway and Satellite Boulevard and ends at just north of St. Ives Court along Suwanee Creek Road.

This project consists of designing and developing construction documents for a bicycle and pedestrian multi-use path and boardwalk that begins at the intersection of Sugarloaf Parkway and Satellite Boulevard. The project will travel north along Satellite Boulevard from Sugarloaf Parkway to the traffic signal at Sugarloaf Centre. From there, a boardwalk is proposed through a portion of the Georgia Baptist Mission Board property. The multi-use path will then transition back along Satellite Boulevard to the intersection of Old Peachtree Road. The multi-use path will run along Satellite Boulevard from Old Peachtree Road to Wildwood Road into Peachtree Ridge Park. Some portions of the multi-use path are already in place along Satellite Boulevard and in Peachtree Ridge Park, and this project must tie into those existing portions. From Wildwood Road at Peachtree Ridge Park, the multi-use path will continue along Suwanee Creek Road and end just north of St. Ives Court. There are portions of the proposed boardwalk that will enter the wetlands and floodplain at Suwanee Creek and Bennett Creek. Additional information regarding this project can be seen at The Loop Trail Study (gwinnettcounty.com). Please see the project location map, and aerial image below:

https://www.gwinnettcounty.com/static/departments/communityservices/gwinnett_trails/pdf/loop-trail-feasibility-study.pdf

RP005-24 Page 3

The project will include crosswalks and crosswalk visibility enhancements, street lighting, and installation of traffic control devices at midblock crossings, as needed. A traffic study will be required to consider the best location and proper implementation of safe crossings. The project will also include adding enhancements to Ride Gwinnett bus stops located along the project limits and on the same side of the road as the proposed multi-use path. These enhancements include concrete pads, canopies, among others. The selected firm is responsible for all environmental documentation and permitting associated with the project.

The consultant shall obtain environmental documentation approval to comply with the National Environmental Policy Act (NEPA) and stream buffer variance permits for the development of the proposed design if needed.

There may be wetlands within the development area. The consultant will delineate them as part of the design process and provide all required data and exhibits to obtain all project permits, including, but not limited to, from the U.S. Army Corps of Engineers (USACE) and the Federal Emergency Management Agency (FEMA).

If the design of the path or boardwalk has a potential impact on the flood plain, the consultant shall be responsible for securing adequate data in the form of a hydrological study to satisfy FEMA requirements. All bridges crossing FEMA studied streams must be designed for a no-rise condition of flow.

Geotechnical services and analysis may be required during design. The consultant shall provide all geotechnical services. The consultant shall determine the areas requiring subsurface

RP005-24 Page 4 evaluation for soil suitability to support all structures, walls and/or bridges, in order to assure a high level of confidence in the consultant’s estimated costs.

The Prime Consultant is defined as the firm submitting the Statement of Qualifications and the firm with whom Gwinnett County will contract. The Team is defined as the Prime Consultant and their sub-consultants, who are considered team members. The Prime Consultant must be prequalified in the area classes identified below. The Prime Consultant or sub-consultant team members must be prequalified in the area classes identified below for the team. Respondents should submit a copy of the approval of the pre-qualification by GDOT for the area classes identified below. The area classes must be listed on the organizational chart with the prime and sub-consultants on a single 11”x17” page. The Prequalification Expiration Date must be current by the deadline stated for this RFP.

This project is funded with federal funds administered by the Atlanta Regional Commission (ARC) and with local funds from Gwinnett County’s Special Purpose Local Option Sales Tax (SPLOST) program. The GDOT project number is 0019215, and it is currently in ARC’s Transportation Improvement Plan. Therefore, the consultant and/or sub-consultants must be pre-qualified by GDOT for the area classes listed below.

The Prime Consultant MUST be prequalified by GDOT in the area classes listed below:

Number Area Class

3.02 Two-Lane or Multi-lane Urban Roadway Design

3.03 Complex Urban Roadway Design

3.13 Facilities for Bicycles and Pedestrians

The Team (either the Prime Consultant and/or one or more of their sub-consultant team members) MUST be prequalified by GDOT in the area classes listed below:

Number Area Class 1.06(a) NEPA Documentation 1.06(b) History 1.06(c) Air Studies 1.06(d) Noise Studies 1.06(e) Ecology 1.06(f) Archaeology 1.06(g) Freshwater Aquatic Surveys 1.06(h) Bat Surveys

1.07 Attitude, Opinion, and Community Value Studies (Public Involvement)

1.10 Traffic Projections

1.13 Non-Motorized Transportation Planning

3.06 Traffic Operations Studies

3.07 Traffic Operations Design

3.08 Landscape Architecture

3.10 Utility Coordination

3.12 Hydraulic and Hydrological Studies (Roadway)

3.15 Highway Lighting and Outdoor Lighting

4.01(a) Minor Bridge Design

4.04 Hydraulic and Hydrological Studies (Bridges)

5.01 Land Surveying

5.02 Engineering Surveying

5.08 Overhead-Subsurface Utility Engineering SUE

RP005-24 Page 5

6.01(a) Soil Survey Studies

6.02 Bridge Foundation Studies

6.03 Hydraulic and Hydrologic Studies (Soils & Foundation)

6.05 Hazardous Waste Site Assessment Studies

9.01 Erosion, Sedimentation, and Pollution Control Plan

II. Scope of Work A. Upon receiving the Notice to Proceed, the consultant shall provide survey of property, preliminary and final engineering, which is defined as performing sufficient work to develop a concept, preliminary layout including preliminary field plans, final engineering to include final field plans, right-of-way plans, utility coordination, develop sufficient environmental documentation to receive approval of the project, and development of documents. The selected firm is also responsible for all environmental permitting associated with the project.

B. Engineering Consulting Services shall be furnished in accordance with the current GDOT Plan

Development Process (PDP), as well as any applicable GDOT requirements. The consultant is to offer specific descriptions of methods and approaches applicable to this project for streamlining and expediting current and future project phases.

C. Detailed requirements of scope are as follows: The consultant shall provide concept development, field surveys, and database enhancements, development of the environmental document including all required special studies, preliminary construction plans, signing and marking plans, final right-of-way plans (including revisions), erosion control plans, utility plans, staging plans and final construction plans (including revisions through project final acceptance). All required engineering studies are considered part of the scope of services. All deliverables shall be in accordance with PDP, Electronic Data Guidelines, Plan Presentation Guide, NEPA and the GDOT Environmental Procedures Manual.

D. The consultant shall provide:

1. Project Management The consultant is to clearly identify the proposed project manager for the project and provide an accurate availability for which the project manager will be dedicated to this project to ensure responsible project management.

2. Initial Kick-Off Meeting Upon receiving the Notice to Proceed, the Consultant is expected to review base data provided by the County and other available data of existing conditions and prepare for an initial kick-off meeting with the County and GDOT’s Office of Program Delivery project manager. This will be an in-person meeting, and it will ensure complete understanding of the purpose of the project, scope and budget of the project, confirm the initial schedule for the development of the construction documents, discuss PDP and all required permits, and discuss any known utility conflicts.

3. Concept

a. The Consultant shall reference the Gwinnett Trails Master Plan to develop the

Concept Report

b. Traffic Studies

c. Conceptual Right-of-Way Cost Estimate Utilizing Vendor from GDOT’s Right-of-Way

Services Prequalified Contractor List

d. Conceptual Construction Cost Estimate

e. Prepare Concept Layouts and Alignments Alternatives

f. Concept Design Data Book https://www.gwinnettcounty.com/static/departments/communityservices/gwinnett_trails/pdf/GwinnettCountywideTrailsMasterPlan_ExecutiveSummary_DigitalViewing.pdf

RP005-24 Page 6

g. Concept Team Meeting Preparation and Attendance

h. Identify Environmentally Sensitive Areas

i. Practical Alternatives Review (PAR) as needed

j. Public Involvement

k. Conceptual Utility Cost Estimate by a GDOT Prequalified Consultant

l. Project Description

m. Project Justification Statement

n. Environmental Survey Boundary

o. Early Coordination

p. Environmental Early Coordination

q. Physical Fieldwork

i. Archaeology

ii. History

iii. Ecology

r. Phase 1 Environmental Site Assessment (ESA) UST (Underground Storage Tank)/Hazardous Waste (HW)

s. Environmental Resource ID

i. Archaeology Short Report or Archaeology Management Summary

ii. History Resource Survey Report

iii. Ecology Resource Survey Report

t. Approved Concept Report

4. Survey

a. Survey Control Package

b. Complete Survey Database, including Overhead-Subsurface Utility Engineering SUE

(Quality Level B).

c. Property Information and Owners Report (where needed)

d. Extended Survey Limits, if needed

e. Survey Package Report

5. Environmental Document

a. Necessary Environmental Special Studies Survey Reports, and Assessment of Effects for Air, Noise, Ecology, Aquatics, Archaeology, History, and NEPA

b. Agency Coordination Including Multiple Meetings to Ensure Consistency of Expectation, Design, and Clearance limits

c. NEPA Documents:

i. Environmental Approval

ii. NEPA Re-evaluations, as required

d. Public Involvement

e. Prepare for and attend the Preliminary Field Plan Review (PFPR) and constructability review.

f. TPro Updates

g. Preparation of Environmental Commitments Table “Green Sheet” and

Environmental Resource Impact Table (ERIT).

6. Preliminary Field Plan

a. Complete Preliminary Roadway Plans:

i. Preliminary Signing and Marking Plans

ii. Preliminary Staging and Erosion Control Plans

b. Provide Preliminary Cost Estimate with Annual Updates using GDOT most current cost estimate tool.

c. Quality Assurance/Quality Control (QA/QC) Reviews

d. Location and Design Report for Approval

RP005-24 Page 7

e. PFPR Participation, Report, and Responses (all plan sets, and other information requested by Engineering Services)

f. Preliminary Construction Plans

g. UST and Monitoring Wells, if needed

h. Preliminary Hydraulic Studies (as required)

i. Preliminary Bridge Design

j. Constructability Review Meeting

k. List of anticipated permits required for the project on research by the selected firm

l. Presentation to the County to discuss design, cost estimates, budget, right-of-way and any comments

7. Right-of-Way Plans

a. Prepare, revise and deliver Final Right-of-Way Plans

b. Coordinate Field Review of Right-of-Way Plans and Staking

c. Right-of-Way Revisions during acquisition

d. Coordination with GDOT Right-of-Way Office and Gwinnett County during acquisition

e. Provide Preliminary Cost Estimates with annual updates until right-of-way authorization using GDOT most current cost estimate tool.

f. Attend Property Owners Meetings

Note: No advance ROW/easements acquisitions have been completed by

Gwinnett County or GDOT.

8. Utility Coordination

a. The consultant shall manage all coordination with the applicable utilities including first contact through the final design and construction.

9. Final Design

a. Final Field Plan Review (FFPR) Participation, Report, and Responses (all plan sets, and other information requested by Engineering Services)

b. Erosion Control Plans

c. Quality Assurance/Quality Control Reviews

d. Corrected FFPR Plans

e. Provide final Cost Estimate using GDOT most current cost estimate tool.

f. Final Plans, Specifications, and Estimates (PS&E) Package

g. Amendments and Revisions

h. Final Design Data Book

i. Complete Final Roadway Plans:

i. Final Signing and Marking Plans

ii. Final Staging and Erosion Plans

j. Utility Plans, including street lighting

k. Update Environmental Special Studies Reports and NEPA Re-evaluation, as required:

i. History

ii. Ecology

iii. Archaeology

iv. Air

v. Noise

vi. Freshwater Aquatic and other protected species surveys, as needed

l. Special provisions

m. Prepare, reproduce, and distribute Field Plan Review (FPR) Packages, address/respond to comments, and make changes. The Consultant shall provide

RP005-24 Page 8 written responses to all Field Plan Review Reports to the Department’s project manager no later than 48 hours prior to the distribution deadline.

n. Certification for Right-of-Way

o. Certification for Let

p. Presentation to the County for input and final decisions on design and budget

10. Construction

a. Attend a pre-bid conference to answer any technical questions

b. Use on Construction Revisions

c. Site Condition Revisions

d. 7-day ESPC Plan Initial Inspection

11. Quality Assurance/Quality Control Reviews for all deliverables.

12. Attendance in and meeting minutes of monthly meetings to discuss progress and/or issues (additional meetings may be required to resolve major project issues). Attend the preconstruction meeting with construction contractor.

13. Prepare, reproduce, and distribute preliminary and final plans and all supporting disciplines (signing and marking, erosion control, right-of-way, utilities) as well as all special provisions, all design files, and supporting documentation.

14. Prepare all special provisions, design files, supporting documentation, analyses, and studies.

E. Related Key Team Leaders:

1. Design

2. Environment

3. Traffic

4. Utilities

5. Survey

6. Bridge

7. Geotechnical

8. Landscape Design

III. PROPOSAL SUBMISSION INSTRUCTIONS

Consultants are requested to submit one (1) original unbound, four (4) copies of the proposal package to meet the requirements below.

Area Class Requirements and Certification

Presented teams must be prequalified in the indicated Area Class(es) in order to be evaluated.

Required proof of prequalification should be submitted as indicated in Section VI.B.4. below. All Submittals will be pre-screened to verify that the Prime consultant has the required Area Class(es) and that the overall team has the required Area Class(es). Any submittal in which the Prime consultant or the overall team area class requirements are not met will be disqualified from further consideration.

Each submittal will require a certification to allow Gwinnett County to analyze risks in determining if any Firm should be ineligible for award. The certification shall cover a wide variety of information. Any firm which responds in any potentially concerning manner must provide additional information as directed herein for consideration by Gwinnett County to determine if Firm is eligible for award.

RP005-24 Page 9

A. EXPERIENCE – 20 Points Provide a description of the experience of the firm or team in performing design services for projects of similar size and scope of work including but not limited to Georgia over the past five

(5) years. Indicate the extent of the firm’s involvement, whether as lead, sub-consultant or partner.

Firms may do a chart as a summary and/or full write-up on key relative projects. If full project write-ups are provided, provide no more than five (5) specific projects. Consultant shall submit a copy of the approval of the pre-qualification by GDOT for all classifications identified previously.

Limit this section to no more than 4 pages (8½” x 11”).

B. QUALIFICATIONS – 25 Points

Provide a description of the qualifications and experience of the key team members that will be working on this project. Describe the experiences of the team members with regard to similar federally funded projects that were managed by GDOT and followed the GDOT PDP. Describe any special skills or experience that key personnel might contribute to the successful completion of this particular project. Provide a project organizational chart describing all key personnel including point of contact with the County's agents, personnel responsible for quality control, personnel responsible for coordination of all sub-consultants, and personnel responsible for performance of the project manager. The key personnel identified are expected to perform the work on this project. Any deviations must be approved in advance by the County. Organizational charts may be printed on 11” x 17” provided it is folded to 8½” x 11” size (portrait and landscape formats are acceptable). Experience gained with an employer different from current must be identified as such. Only key personnel resumes are required. Limit the resumes of key personnel to a maximum of two (2) pages (8½” x 11”).

C. SCHEDULE – 10 Points

Provide a preliminary schedule indicating the time necessary for each phase of work identified in these documents: Concept Development and Database Preparation, Environmental Documentation and Permitting, Preliminary Design, Right of Way Plan Development, Utility Coordination and Final Design. Utilize actual dates based on an anticipated design contract with notice to proceed date of August 26, 2024. This schedule will be evaluated in terms of the consultant's estimation of the total time frame for project design, the state and federal permitting process, GDOT review process and environmental documentation approval process. Refer to any similar government project where a similar schedule was accomplished. The schedule may be printed on 11” x 17” provided it is folded to 8½” x 11” size (portrait and landscape formats are acceptable).

D. UNDERSTANDING – 40 Points

Provide a written project approach to identify how the consultant will proceed with all aspects of the process to develop the final construction documents, including experience and creative methods with regard to permitting issues, GDOT review issues, and sequencing/staging to construct the project as limited by funding. Describe how your team will incorporate staging/sequencing of construction directions into the construction documents. Consultant is urged not to simply repeat the process included in Section II of this RFP. This section should not be more than 20 pages (8½” x 11”) including tables, text and graphics.

E. REFERENCES – 5 Points

Provide a total of three (3) references for similar work completed within the last five (5) years complete with names, addresses, current telephone number, email address and project identifying information for that reference. All references should be verified for current contact information prior to submission. Gwinnett County will make no more than two (2) email attempts.

If a reference does not respond to attempts at verification, the consultant shall receive no points for that reference. It is the responsibility of the proposing consultant to verify the contact

RP005-24 Page 10 information and availability of references prior to submission of proposal(s). Provide references only for the prime consultant. The projects submitted on the Reference Sheet must be projects completed by the proposing firm.

IV. SELECTION PROCEDURE

Proposals will be evaluated based on their relative responsiveness to the criteria described above and with those criteria's values weighted as shown.

Part I Technical Evaluation (MAXIMUM 100 POINTS):

A. Experience of the firm or team proposed to work on this project as they relate to projects of a similar nature and scope of work. 20 points

B. Qualifications, experience, and availability of proposed key personnel as they relate to projects of a similar nature and scope of work.

25 points

C. Complete schedule, including design and permitting of the project. 10 points D. The consultant's understanding of the variety and progression of work tasks from Concept through Final Design, as explained in the scope of work.

40 points

E. References 5 points

Sub Total 100 points

F. Interview (if needed) 20 points

Total 120 points

Proposers are encouraged to submit clear and concise responses, and excessive length or extraneous information is discouraged. In an effort to ensure our ability to evaluate and choose a successful consultant, proposing firms are encouraged to be responsive to the specific range of issues requested in this solicitation. Submission of “boiler plate” information, including sales brochures, is discouraged.

Proposing firms should not submit website links in lieu of written responses. Website links and any information contained within may not be reviewed or considered by Gwinnett County.

The proposals will be evaluated in order to select the firms or teams which rate highest according to the criteria elaborated in above items. The selection committee then, at its discretion, may short list the highest scoring firms. Should the County choose to short list the firms, those making the list may be invited to participate in an oral presentation at the discretion of Gwinnett County. The full cost of the proposal preparation and all costs incurred to participate in the oral presentation/ interview/ demonstration are to be borne by the proposing firm.

Upon completion of the qualifications-based evaluation and ranking of proposals, the County will initiate negotiations with the most highly qualified consultant to arrive at a fair and reasonable compensation for the solicited services which considers the scope, complexity, professional nature and estimated value of the services to be rendered. If the County and the most highly qualified consultant are unable to negotiate a fair and reasonable contract, the County may formally terminate negotiations and undertake negotiations with the next most qualified consultant, continuing the process until an agreement is reached.

RP005-24 Page 11

V. INSURANCE REQUIREMENTS

The successful consultant shall provide adequate coverage for the entire term of the contract per the attached requirements.

A. Individuals, firms, and business seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative 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 Board of Commissioners. Violations will be reviewed by the Purchasing Director. If it is determined that such communication has compromised the competitive process, the offer submitted by the individual, firm, or business may be disqualified from consideration for award.

B. Proposals shall be addressed to Gwinnett County Purchasing Division, Gwinnett County

Justice & Administration Center, Second Floor, 75 Langley Drive, Lawrenceville, Georgia 30046 and shall be identified with the proposal number, date of opening, and company name.

C. Proposals submitted are not publicly available until after award by the Gwinnett County

Board of Commissioners. All technical proposals and supporting materials submitted, as well as correspondence relating to this RFP, become property of Gwinnett County when received.

D. Gwinnett County reserves the right to reject any or all proposals, in whole or in part, to negotiate changes in the scope of services and to waive any technicalities as deemed in its best interest.

E. Successful vendor is required within ten (10) days of the Notice to Proceed to provide the following:

i. Certificate of Insurance as specified in the proposal documents.

ii. Two (2) properly executed contract documents.

Failure to provide the above documents within ten (10) days may be just cause for the annulment of the award. At the discretion of the County, the award may then be made to the next highest scoring responsible proposer.

RP005-24 Page 12

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

OF PROPOSAL.

PROPOSAL FEE SCHEDULE (MUST BE RETURNED IN A SEPARATE ENVELOPE)

NOTE: The proposing firm must submit the estimated cost for the project from concept to final plans using the below fee schedule. Changes to the table below are not allowed. The provided rates will be fixed for the duration of the project. Once the highest scoring firm has been identified, their fee schedule will be opened. It will not be scored. All other proposers’ cost submittals will remain sealed.

Item

# Billing Category Number of

Hours Hourly Rates Total

1. Principal-In-Charge

2. Project Manager

3. Engineer, Senior

4. Engineer

5. Engineer, Associate

6. Technician

7. CADD Technician

8. Administrative Support

9. Landscape Architect, Senior

10. Landscape Architect

11. Surveyor, Principal

12. Surveyor, Senior

13. Surveyor, Project

14. Survey Crew

15. Aerial Survey

16. Mobile Scanner

17. SUE Crew

18. Vacuum Excavation Crew

19. Planner, Principal

20. Geotechnical Engineer, Senior

21. Geotechnical Engineer

22. Geotechnical Field Crew

23. Planner, Senior

24. Planner

25. Scientist, Principal

26. Scientist, Senior

27. Scientist

28. Scientist, Associate

TOTAL PROJECT COST $

RP005-24 Page 13

Company Name

RP005-24 Page 14

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

PROPOSAL.

FIRM INFORMATION

(THIS FORM SHOULD BE SUBMITTED ONCE WITHIN PROPOSAL SUBMITTAL AND ONCE WITHIN THE SEPARATE SEALED COST)

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

Addendum No. Date Addendum No. Date

Certification Of Non-Collusion in Proposal Preparation (Signature) (Date)

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Vendors" and all documents referred to therein. offers and agrees, if this proposal is accepted by the Board of Commissioners within one hundred twenty (120) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the fee schedule.

Legal Business Name

Address

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

Representative Signature

Print Authorized Representative's Name

Telephone Number Fax Number

E-Mail Address

Contact Person (if someone other than the authorized representative listed above) _________________________________

Telephone Number Fax Number

E-Mail Address

RP005-24 Page 15

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

PROPOSAL.

REFERENCES

Gwinnett County requests a total of three, (3) references where work of a similar size and scope has been completed within the last five (5) years.

1. Company Name

Brief Description of Project

Completion Date

Contact Person

Telephone Facsimile

2. Company Name

3. Company Name

Company Name

RP005-24 Page 16

INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

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

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

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

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

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

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

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

7. Certificate Holder should read:

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

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

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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 County to verify the compliance with these insurance requirements.

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

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

14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County.

The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

15. The Contractor shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the County.

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

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

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

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of

1970, Public Law 91-956, and any other laws that may apply to this Contract.

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

RP005-24 Page 18

GENERAL CONDITIONS

TO CONSULTANT AGREEMENT

TABLE OF CONTENTS

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 CONSULTANT to Cooperate with other Consultants

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Consultant

22 Notices

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1. DEFINITIONS

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

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

Georgia.

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

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

1.4 Agreement Execution-means the date on which CONSULTANT executes and enters into a Agreement with COUNTY to perform the Work.

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

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

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

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

1.9 Drawings-means collectively, all the drawings, receipt of which is acknowledged by COUNTY, listed in this Agreement, and also such supplementary drawings as the CONSULTANT may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

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

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

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

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

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

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2. CONTRACT DOCUMENTS

2.1 List of Documents

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

2.2 Conflict and Precedence

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

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3. CHANGES AND EXTRA WORK

The COUNTY may, at any time, request changes in the work to be performed hereunder.

All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the COUNTY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the 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 COUNTY. Primary liaison with the COUNTY will be through its designee. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

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

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

5. ACCURACY OF WORK

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

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

RP005-24 Page 21

6. FINDINGS CONFIDENTIAL

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

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

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

7. TERMINATION OF AGREEMENT FOR CAUSE

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

8. TERMINATION FOR CONVENIENCE OF THE COUNTY

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

All such expenses shall be properly documented and submitted to the Director or his designee for processing and payment. The Gwinnett County Board of Commissioners shall be the final authority in the event of any disputes over authorized costs between the Director and the CONSULTANT.

9. CONSULTANTS TO COOPERATE WITH OTHER CONSULTANTS

If the COUNTY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other consultants and the COUNTY

RP005-24 Page 22 employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the COUNTY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by COUNTY employees.

10. INDEMNIFICATION

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

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

11. COVENANT AGAINST CONTINGENT FEES

The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non- COUNTY fee related to this Agreement without the prior written consent of the COUNTY.

For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.

12. INSURANCE

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

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

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

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

RP005-24 Page 23

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

13. PROHIBITED INTERESTS

13.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder, unless disclosed per O.C.G.A.36-80-28. The CONSULTANT further agrees that, in the performance of the Agreement, no person having any such interest shall be employed.

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

14. SUBCONTRACTING

The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the Department’s prior written approval of the subconsultant.