RP006_26 INV.pdf

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Attached to
RP006-26 Planning & Development Land Disturbance Permits (Annual Contract)
Solicitation number
PE-66751-NONST-2026-000000089
Issued by
Gwinnett County, Georgia

About this file

Request for Proposal Summary: RP006-26 On Demand Plan Review Services for Land Disturbance Permitting

This Request for Proposal document is issued by the City of Lawrenceville's Planning and Development Department in Georgia for on-demand professional plan review services related to land disturbance permitting. The City seeks competitive sealed proposals from qualified consultants to provide technical review of land disturbing activity permit applications, construction plans, and supporting documentation for compliance with federal, state, and local regulations, including the Municipal Separate Storm Sewer System Permit, Floodplain Management and Flood Damage Prevention Ordinance, Soil Erosion and Sedimentation Control Ordinance, Stream Buffer Protection Ordinance, Gwinnett County Stormwater Management Manual, and City Subdivision Regulations. The scope encompasses review of erosion, sedimentation, and pollution control plans; grading, drainage, and stormwater management reports; floodplain studies; hydrologic and hydraulic analyses; and stream buffer impacts. Proposals must be submitted in sealed envelopes by 2:00 P.M. on May 28, 2026, to the Lawrenceville City Hall Finance Office Front Desk at 70 S. Clayton Street, Lawrenceville, Georgia 30046. Submissions must include one unbound original, three bound copies, and one PDF electronic copy (excluding cost proposal), with the fee schedule in a separate sealed envelope. The City anticipates approximately two to three plan sets per month and requires initial plan reviews completed within five to ten business days of submittal, with responses to inquiries within one business day. This is an annual contract with up to four renewal options. Questions must be directed to Kenneth Morris, Purchasing Director, by 3:00 P.M. on May 14, 2026.

The City will evaluate proposals on technical qualifications (25 points), experience with similar projects (25 points), staff qualifications (20 points), ability to perform and control costs (20 points), fee schedule (10 points), and optional interviews (20 points). Plan reviewers must be registered Professional Engineers in Georgia or work under a P.E.'s direction as an EIT, hold Level II Certification through the Georgia Soil and Water Conservation Commission, and have minimum three years of plan review experience. The cost proposal shall be fixed fee based on time and materials with a not-to-exceed maximum presented for each task, with overhead factors identified. The City requires all pricing to remain firm for the initial contract term and firm for four renewal periods unless percentage increases are specified. Contractors must comply with O.C.G.A. 13-10-91 regarding E-Verify worker authorization verification and maintain comprehensive insurance coverage including workers' compensation, commercial general liability of $1,000,000, auto liability of $500,000, and professional liability of $1,000,000, with insurance companies holding an A.M. Best rating of A-5 or higher. The City reserves the right to award to single or multiple contractors, reject any or all proposals, and negotiate price and scope with the highest-scoring firm.

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May 4, 2026

REQUEST FOR PROPOSAL

RP006-26

The City of Lawrenceville’s Planning and Development Department is seeking competitive sealed proposals from qualified Consultants to provide On Demand Plan Review Services for Land Disturbance Permitting. This will be an annual contract with up to four (4) renewal options supporting the Planning and Development Department.

Proposals must be returned in a sealed envelope marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:00 P.M. local time on Thursday, May 28, 2026, at the Lawrenceville City Hall – Finance Office Front Desk - 70 S.

Clayton Street, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only the names of submitting firms will be read. Proposals are legal and binding upon the bidder when submitted. Please submit one (1) unbound original, three (3) bound copies, and one (1) PDF electronic copy, excluding the FEE SCHEDULE/ COST PROPOSAL. The FEE SCHEDULE/ COST PROPOSAL should be in a separate sealed envelope/container.

Questions regarding proposals should be directed to Kenneth Morris, Purchasing Director, in writing at purchasing@lawrencevillega.org, no later than 3:00 P.M. on Thursday, May 14, 2026.

The successful consultant(s) will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-5 or higher.

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

Selection criteria are outlined in the request for proposal documents. The City of Lawrenceville’s Planning and Development Department reserves the right to reject any or all proposals to waive technicalities and to make an award deemed in its best interest. Proposals may be split or awarded in their entirety.

Award notification will be sent to companies submitting a proposal via email.

We look forward to receiving your proposal and appreciate your interest in providing Land Disturbance Permitting Review Services for the City of Lawrenceville’s Planning and Development Department.

Kenneth Morris Purchasing Director mailto:purchasing@lawrencevillega.org

REQUEST FOR PROPOSAL

1.0 INTRODUCTION

1.1 Purpose of Procurement

The City of Lawrenceville is soliciting professional services from one (1) or more qualified Consultants with demonstrated experience to provide On Demand Plan Review Services for Land Disturbance Permits. The Planning and Development Department is responsible for reviewing Development Plans; however, due to the anticipated higher volume of submissions, the City intends to supplement its workload through the use of Consultants.

1.2 Basic Guidelines

All proposals shall be evaluated in accordance with the evaluation criteria set forth in this 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 representatives 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.

Buyer of Record named below:

Name: Kenneth Morris Title: Purchasing Director City of Lawrenceville P.O. Box 2200 Lawrenceville, Georgia 30046 Telephone: 678.407.6420 E-Mail: purchasing@lawrencevillega.org

It is the intent of the City of Lawrenceville to award a contract agreement to the responsible offeror(s) whose proposal is determined in writing to be the most advantageous for the City, taking into account all of the evaluation factors set forth 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. The City may award contracts to multiple firms.

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 the Offeror's proposal. Whenever the terms "can", "may", or "should" are used in the RFP, the specification being referred to as a desirable mailto:purchasing@lawrencevillega.org requirement and failure to provide any items so-termed may not be cause for rejection, however, may cause a reduction in score awarded/ranking.

2.2 Scope of Work

The Consultant(s) shall provide On Demand professional services to support the review of Land Disturbing Activity (LDA) permit applications, construction plans, and supporting documentation for compliance with all applicable federal, state, and local regulations. Reviews shall ensure consistency with the Municipal Separate Storm Sewer System (MS4) Permit administered by the Georgia Environmental Protection Division for the City of Lawrenceville, as well as the City’s Floodplain Management and Flood Damage Prevention Ordinance; Soil Erosion, Sedimentation, and Pollution Control Ordinance; Stream Buffer Protection Ordinance;

the Gwinnett County Stormwater Management Manual (2020 Edition); and the City of Lawrenceville Subdivision Regulations.

The scope of services includes the technical review of erosion, sedimentation, and pollution control (ES&PC) plans; grading, drainage, and stormwater management reports; floodplain studies; hydrologic and hydraulic analyses; and stream buffer impacts, using applicable ES&PC Common, Infrastructure, and Standalone Construction Project Checklists (Attached to Scope).

The Consultant shall provide written review comments, coordinate with the Planning and Development staff and applicable agencies, and, as requested, participate in Pre-Submittal Meetings to provide technical assistance. The Consultant will also assist in resolving technical issues to ensure compliance and facilitate timely permit processing. Initial and subsequent Plan Reviews shall be completed within five (5) to ten (10) business days of receiving a complete submittal, unless an extension is approved. Clear and timely communication with applicants is essential throughout the review process, and the Consultant shall respond to inquiries from the Planning and Development Department or applicants within one (1) business day.

The volume of work will vary based on the number of submittals; however, historical data indicates that approximately two (2) to three (3) plan sets per month can be expected. Reviews may include, but are not limited to: stormwater management requirements, soil erosion and sediment control plans, hydrology reports, and as-built plans.

The Consultant shall provide a Weekly Status Report summarizing all plans under review. Plan Reviewers may also be required to attend Pre-Construction Meetings, either in person or virtually.

Full Scope of Work Expectations as described by tasks along with Performance Metrics and Standards – On-Call Professional Services and Erosion, Sedimentation, & Pollution Control (ES&PC) Plan Checklist for Standalone Construction Projects are attached.

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.

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.

A. Submission Requirements

1. Title Page - List the RFP subject, the name of the firm, address, telephone number, name of the contact person, email address, and the date.

2. Letter of Transmittal - Make a positive commitment to perform the required work within the time period. Also, give the name(s) of the person(s) who will be authorized to represent the firm, their title, address, email address, and telephone number.

3. Qualifications

a) Name, address, email address, and telephone number of the firm’s owners, and full information about the submitting firm.

b) Location of the firm’s primary place of business and any subsidiary offices, years of business, and types of services offered.

c) Names and qualifications of personnel to be assigned to the project.

d) Description of similar project experience and the names, addresses, and telephone numbers of owners for all projects described.

e) Resumes of principal associates and key personnel proposed to have primary responsibility for the project.

f) Indicate your understanding of the scope of work by describing your firm’s approach, including specific illustrations of the procedures to be followed.

g) Your firm’s experience, background, staff capabilities, and examples of work, where your work will actually take place, and why the City should hire your firm.

h) Plan Reviewers should meet these minimum requirements:

a) Registered as a Professional Engineer in the State of Georgia or working under the direction of a P.E. as an EIT.

b) Plan Reviewer shall be a Level II Certified Plan Reviewer through the

GSWCC.

c) Plan Reviewer should have a minimum of three (3) years of plan review experience.

4. Project References - Provide project information for a minimum of four (4) similar projects.

5. Proposed contract fees shall be submitted containing a schedule of the estimated man-hours required and are to be broken down by type of personnel to be used for the proposed services.

a) The cost proposal shall be a fixed fee based on time and materials with a not-to-exceed maximum presented for each task. Overhead factors and other multipliers shall be identified.

b) The consultant shall be responsible for all required resources to include but not limited to computers, surveys, outside (sub) consultants, etc.

c) While cost will not be the sole determining factor, the cost will be considered.

6. Any additional information that will allow the City to accurately evaluate the firm’s capability.

B. Cost Proposal This section should contain a complete breakdown of all costs relating to the content of the proposal, including the maximized total cost, as well as an itemized breakdown of the compensation required to accomplish the full performance of all tasks outlined in the proposal.

The FEE SCHEDULE/COST PROPOSAL should be in a separate sealed envelope.

3.3 Proposal Submittal

Proposals must be submitted at the specified location no later than the date and time specified herein in two (2) parts: a Technical Proposal (original and three [3] copies) and a single Cost Proposal (original). The proposal packages shall be sealed in separate envelopes.

3.4 Evaluation Criteria and Process

During the first phase of the evaluation, the Evaluation Team will have access to all proposal materials except the separately sealed Pricing. Proposals will initially be scored based on the technical criteria and references. The Evaluation Team may shortlist the highest-scoring firms.

The number of respondents short-listed will be at the discretion of the Evaluation Team. The Evaluation Team may invite any number of the highest-rated firms to participate in onsite interviews. All expenses related to the participation in the 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 are 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 with one or more consultants to be selected.

3.4.1 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. Consultant’s understanding and approach to the City’s required tasks and needs as demonstrated in the response to the scope of services (0-25 points) B. Consultant’s experience with similar projects comparable in type, size, and complexity (0-25 points) C. Qualifications of the Consultant’s staff assigned to perform the work with this project (0-20 points) D. Demonstrated ability of the Consultant to perform high-quality work, control costs, and meet project schedules (0-20 points) E. Fee Schedule (0-10 points) F. Optional Interview (0-20 points)

3.4.2 Award of Contract

Award of contract(s) shall be made to the highest scoring Offer and Proposal submissions 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’s Planning and Development Department reserves the right to reject any and all proposals submitted in response to this RFP.

COST PROPOSAL

I. HOURLY RATES

State Hourly Rate for Key Positions:

PROJECT TEAM POSITIONS HOURLY RATE

1 $

2 $

3 $

4 $

5 $

Other Personnel may be submitted on an additional sheet.

The City of Lawrenceville requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for the City to declare the bid non-responsive.

Unless otherwise noted below, quote prices will remain firm for four (4) additional one-year renewal periods. If a percentage increase or decrease will be a part of the renewal periods, please note this in the space provided together with an explanation.

Renewal Option 1:

Renewal Option 2:

Renewal Option 3:

Renewal Option 4:

Termination for Cause: The City may terminate this agreement for cause upon ten (10) days prior to written notice to the supplier of the consultant’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City’s rights or remedies by law.

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

Certification of Non-Collusion in Proposal Preparation

Signature Date

The City requires that all who enter into a contract for the physical performance of services with the City must satisfy O.C.G.A. § 13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract.

In compliance with the attached specifications, the undersigned offers and agrees, if this bid is accepted by the City Council 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.

Legal Business Name

Federal Tax ID

Address

Representative Signature

Printed Name

Telephone Number Fax Number

E-mail Address

Solicitation Name & No.: RP006-26 On Demand Plan Review Services for Land Disturbances Permitting (Annual Contract)

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

The undersigned consultant ("Consultant") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Consultant 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 Consultant 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 Consultant will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

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

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

Contract;

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

f) The Consultant 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 Consultant is a party after the date hereof without further action or consent by Consultant; and

g) Consultant 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 (5) business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Consultant

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:

REV. 5.18.2015

Scope of Work – On Demand Professional Services

The Consultant shall provide on-call professional services to support the review and processing of land disturbing activity (LDA) permit applications and associated construction documents for the City of Lawrenceville, in accordance with applicable federal , state, and local regulations, including the Municipal Separate Storm Sewer System (MS4) Permit administered by the Georgia Environmental Protection Division, the City’s Floodplain

Management and Flood Damage Prevention Ordinance, Soil Erosion, Sedimentat ion, and

Pollution Control Ordinance, Stream Buffer Protection Ordinance, the Gwinnett County

Stormwater Management Manual (2020 Edition), and the City of Lawrenceville Subdivision

Regulations.

Task 1 – Plan Review

• Review LDA permit applications, construction plans, and supporting documentation for regulatory compliance.

• Evaluate erosion, sedimentation, and pollution control (ES&PC) plans; grading, drainage, and stormwater management reports.

• Review floodplain studies, hydrologic and hydraulic analyses, and stream buffer impacts.

• Apply ES&PC Common, Infrastructure, and Standalone Construction Project

Checklists.

• Deliverable: Written review comments identifying deficiencies, required revisions, and compliance status.

Task 2 – Regulatory Compliance Verification

• Ensure consistency with all applicable ordinances, manuals, and state permitting requirements.

• Verify adherence to best management practices (BMPs) and accepted engineering standards.

• Deliverable: Compliance confirmation or detailed correction comments incorporated into plan review responses.

Task 3 – Coordination and Communication

• Coordinate with City staff and applicable agencies as needed.

• Participate in and provide technical assistance during pre -submittal meetings, as requested.

• Provide clarification and guidance to applicants during the review process.

• Deliverable: Meeting participation, technical input, and coordinated review comments.

Task 4 – Review Timeline Compliance

• Complete initial reviews within five (5) to ten (10) business days of a complete submittal.

• Perform subsequent (resubmittal) reviews within a timeframe established by the

City.

• Deliverable: Timely completion of reviews consistent with established performance standards.

Task 5 – Technical Support

• Assist in resolving technical issues and responding to applicant inquiries.

• Provide interpretation of applicable codes, ordinances, and design standards.

• Deliverable: Ongoing technical support to facilitate compliance and timely permit issuance.

Task 6 – As-Built Stormwater Management Review

• Review as-built stormwater management documentation for consistency with approved plans and applicable regulations.

• Evaluate hydrology reports, as-built surveys, and master BMP documentation.

• Verify construction and performance for projects with any stormwater best management practices (BMPs).

• Apply applicable stormwater BMP checklists and ensure compliance with the

Gwinnett County Stormwater Management Manual (2020 Edition) and the requirements of the Georgia Environmental Protection Division.

• Deliverable: Written as-built review comments identifying discrepancies, required corrections, and confirmation of compliance prior to final acceptance.

Performance Metrics and Standards – On Demand Professional Services

The Consultant’s performance shall be evaluated based on the following measurable standards:

1. Turnaround Time

• Initial Reviews: Completed within five (5) to ten (10) business days of a complete submittal.

• Resubmittal Reviews: Completed within three (3) to five (5) business days, unless otherwise authorized by the City of Lawrenceville.

• Metric: ≥ 95% of reviews completed within required timeframes.

2. Review Quality and Compliance

• Review comments shall be clear, accurate, and consistent with applicable regulations, including requirements of the Georgia Environmental Protection

Division and local ordinances.

• Comments shall consolidate all identified deficiencies to minimize multiple review cycles.

• Metric:

o ≤ 10% of submittals require a third review cycle due to missed or incomplete comments.

o ≥ 90% of reviews accepted by the City without significant revision.

3. Completeness of Reviews

• Reviews shall address all applicable disciplines, including ES&PC, stormwater management, floodplain, and buffer requirements.

• Metric: ≥ 95% of review comments deemed complete upon City audit or spot -check.

4. Responsiveness and Coordination

• Timely responses to City staff and applicant inquiries.

• Participation in meetings as requested, including pre -submittal coordination.

• Metric:

o Responses provided within two (2) business days.

o ≥ 95% attendance for requested meetings with adequate preparation.

5. As-Built Review Timeliness

• Completion of as-built stormwater management reviews within timelines established by the City (typically five (5) to ten (10) business days).

• Metric: ≥ 95% compliance with as-built review timelines.

6. Reporting and Accountability

• Maintain records of review timelines, comment letters, and project status.

• Provide periodic performance summaries if requested

• Metric: Monthly or quarterly reporting with documented compliance rates.

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

CONSULTANT CONTRACT (Sample)

On-Call Plan Review Services for Land Disturbance Permitting on an Annual Contract

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

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

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

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…

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