RP007_26 INV.pdf

April 27, 2026

REQUEST FOR PROPOSAL

RP007-26

The City of Lawrenceville is soliciting competitive sealed proposals from qualified contractors for Transformer Repair and Reconditioning Service on an Annual Contract with four (4) options to renew. The City reserves the right to select multiple vendors to participate with this contract.

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 2:00 P.M. local time on Thursday, May 21, 2026, at 70 S. Clayton Street, Main Level, Room M46A Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 2:00 P.M. Proposals are legal and binding upon the bidder when submitted. One (1) unbound original, two (2) bound copies, and one (1) PDF Electronic Copy without RATE PROPOSAL should be submitted.

The RATE PROPOSAL should be in a separate sealed envelope.

Questions regarding proposals should be directed to Kenneth Morris, Purchasing Director, at purchasing@lawrencevillega.org, no later than 3:00 P.M. on May 7, 2026.

The successful service provider(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.

Evaluation criteria are outlined in the request for proposal documents. The City of Lawrenceville reserves the right to reject any or all proposals to waive technicalities and to make an award deemed in its best interest.

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

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

Kenneth Morris Purchasing Director

Lawrenceville Electric Department – Transformer Repairs & Reconditioning

Project Overview

The City of Lawrenceville Electric Department is soliciting proposals from qualified providers for transformer reconditioning and repair services on an annual contract with options to renew for an additional four (4) years for a total of five (5) years.

Provider companies should be experienced in providing transformer repair and reconditioning service to public or municipal utility providers.

The Electric department constructs and maintains the City’s electric distribution system. This includes overall system analysis, infrastructure improvements, and coordination with consultants, engineers, contractors, developers, and other utilities regarding existing and future projects that impact the City’s electric infrastructure and system improvements. The Electric department works directly with state agencies such as the Municipal Electric Authority of Georgia (MEAG), which provides wholesale electric power support to the City, and the Electric Cities of Georgia (ECG) which provides support and consultations.

Scope of Work Service repair requests placed by the City Electric Department may consist of any combination of: Reconditioning or repairs that involve: testing, sanding, painting, leak repair, replacing decals, replacing any damaged nonworking parts to bring the transformer back to working condition. Reconditioning work would be classified by work that would increase value and prolong the life of the transformer.

1) General Requirements

The Contractor shall provide transformer inspection, testing, repair, reconditioning, and return-to-service certification for overhead and pad-mounted distribution transformers owned by the City.

All work shall comply with:

• ANSI/IEEE standards (C57 series)

• NETA testing standards (latest edition)

• Applicable EPA and State of Georgia environmental regulations

The Contractor shall furnish all labor, materials, equipment, transportation, and documentation required to complete the work.

2) Inspection & Diagnostic Requirements Upon receipt, each transformer shall undergo a documented inspection and diagnostic evaluation including:

a) Electrical Testing

• Turns Ratio Test (TTR)

• Insulation Resistance (Megger)

• Winding Resistance

• Core Excitation Current / Core Loss

• Polarity and phase verification

b) Oil Testing

• Dielectric Strength

• Moisture Content

• Dissolved Gas Analysis (DGA) for units ≥ 167 kVA

• PCB screening (as required by regulation)

c) Mechanical Inspection

• Tank integrity and leak detection (pressure/vacuum test)

• Bushing condition

• Tap changer condition

• Gasket and seal condition

• External hardware condition

d) Condition Report

• Contractor shall provide a written report including:

• Test results (before repair)

• Identified deficiencies

• Recommended repair scope

• Repair vs. replacement recommendation

• Cost estimate

No repair work shall proceed without City approval.

3) Repair & Reconditioning Requirements

a) Standard Repair Activities

• May include but are not limited to All repairs shall restore the transformer to safe, reliable operating condition consistent with original design.

(1) Leak repair and minor tank restoration

(2) Bushing replacement

(3) Tap changer repair/replacement

(4) Lead repair/replacement

(5) Internal connection repair

b) Reconditioning Activities

• May include but are not limited to any of the following activities that increase the value of or extend the expected working life of the transformer:

(1) Major Tank Restorations

(2) Gasket and seal replacement

(3) Cleaning, drying, and reprocessing of insulation system

(4) Oil processing, replacement, or reclamation

c) Materials

• All parts shall be new and meet or exceed OEM specifications

• Use of refurbished parts requires prior City approval

d) Rewind Criteria

• If winding failure is identified:

• Contractor must provide cost comparison:

• Repair vs. rewind vs. replacement

• City must approve before proceeding

4) Repair and Reconditioning of various make and model Overhead Transformers, based on Electric Department Request.

The City acknowledges that prices may vary based on pick up, delivery and assessment of transformer repair or reconditioning needs while on site with service provider. The following list of transformer specifications may be requested by the Electric Department:

a) 1.5 KVA

b) 10 KVA

c) 15 KVA

d) 25 KVA

e) 37.5 KVA

f) 50 KVA

g) 75 KVA

h) 100 KVA

i) 167 KVA

j) 250 KVA

120/240, 102/208 and 277/480. 7200 straight and 14.4 dual voltage.

5) Repair and Reconditioning of various make and model Underground, single phase pad mount transformers, based on

Electric Department Request. The City acknowledges that prices may vary based on pick up, delivery and assessment of transformer repair or reconditioning needs while on site with service provider. The following list of transformer specifications may be requested by the Electric Department:

a) 10 KVA

b) 15 KVA

c) 25 KVA

d) 37.5 KVA

e) 50 KVA

f) 75 KVA

g) 100 KVA

h) 167 KVA

120/240. 7200 straight and 14.4 dual voltage

6) Repair and Reconditioning of various make and model Underground, 3 phase pad mount transformers, based on Electric Department Request. The City acknowledges that prices may vary based on pick up, delivery and assessment of transformer repair or reconditioning needs while on site with service provider. The following list of transformer specifications may be requested by the Electric Department:

a) 75 KVA

b) 100 KVA

c) 175 KVA

d) 250 KVA

e) 300 KVA

f) 500 KVA

g) 750 KVA

h) 1000 KVA

i) 1500 KVA

j) 2500 KVA

k) 2550 KVA

l) 2600 KVA

120/208 and 277/480. 7200 straight and 14.4 dual voltage.

7) Scrap / Non-Repairable Determination A transformer shall be classified as non-repairable when:

• Repair cost exceeds a defined threshold (recommended: 60% of replacement cost)

• Core or structural damage makes repair impractical

Contractor must provide:

• Written failure analysis

• Supporting test data

• Scrap recommendation justification

Final determination rests with the City.

8) Post-Repair Testing & Certification All repaired units shall undergo the same testing as Section 3.

Additionally:

• Final oil testing must meet ANSI/IEEE acceptable limits

• Leak test must pass

• Unit must be certified ready for service

Contractor shall provide a Final Test Report and Certification Package, including:

• Before/after test results

• Description of repairs performed

• Parts replaced

• Oil test results

• Certification of readiness for energization

9) Painting & Corrosion Protection

• Surface prep: SSPC standard (minimum commercial blast or equivalent)

• Coating: epoxy or utility-grade equivalent

• Minimum coating thickness: specified mil standard

• Color: per City specification

10) Environmental & Regulatory Compliance

• Contractor shall:

• Properly handle, store, and dispose of transformer oil

• Provide disposal manifests where applicable

• Comply with PCB regulations (40 CFR Part 761)

• Assume responsibility for environmental compliance during handling

11) Transportation & Logistics Contractor shall:

• Provide pickup and delivery services

• Ensure proper handling to prevent damage

• Be responsible for equipment while in transit and custody

11) Service Levels (SLA REQUIREMENTS) Contractor must meet the following:

• Emergency Repair Turnaround: ___ days (proposed by vendor, evaluated)

• Standard Repair Turnaround: ___ days

• Pickup Response Time: ___ hours from request

Contractor shall describe capacity to handle storm or high-volume events.

12) Warranty Requirements

• Minimum 12-month warranty on all repairs

• Covers workmanship and replaced components

• Failed units under warranty shall be repaired or replaced at no cost to the City

13) Pricing Requirements

Contractor shall provide:

• Standard repair pricing by transformer class

• Unit pricing for common repairs

• Pickup/delivery rates

• Not-to-exceed estimates prior to work

No work exceeding estimate may proceed without City approval.

Proposal Requirements

Section 1 – Relevant Experience

Provide examples of the company’s experience with repair and reconditioning service offerings for utility providers.

• Experience specifically with:

o Municipal or utility transformer repair programs o Similar kVA ranges (you listed them already)

• Description of:

o Types of repairs performed (minor, major, rewind) o Annual volume handled

• 3–5 references. For each contract provide:

o Client name and location o Agreement period o Client contact information for reference

Only contracts that are directly relevant to the scope of this solicitation should be included.

Section 2 – Services

Provide a clear description of the service offerings provided by your company in relation to the scope of work. Ensure the following is included:

Step-by-step process from pickup → return

• Detailed testing procedures:

o TTR, insulation, winding resistance, oil testing, etc.

o Sample condition report (huge signal)

• Repair decision methodology:

o How they determine repair vs. scrap vs. rewind o Quality control process before release

Proposals should demonstrate a thoughtful and structured approach to completing the work described in the Scope of Work.

Section 3 – Capacity/ Availability

Identify the proposed project team and describe the role and responsibilities of each team member. Include the following about your facilities:

Description of repair facility:

• Location(s)

• Equipment (dry-out ovens, oil processing systems, etc.)

• Capabilities:

o Leak repair o Rewind capability (in-house vs subcontracted) o Oil processing/reclamation

• Materials standards (OEM, ANSI compliance)

• Environmental handling procedures

Provide availability to work on city requests and proposed timeliness for work order requests and anticipated time for repaired and reconditioned units to be made ready/available for service again.

• Guaranteed turnaround times:

o Emergency o Standard

• Pickup/delivery response time

• Fleet/logistics capability

• Storm/event surge capacity

• Average monthly throughput (how many units they can handle)

Include relevant experience demonstrating each team member’s qualifications to perform the work described in this solicitation.

Resumes for key personnel may be included as an appendix.

This section will be evaluated based on the qualifications, experience, and availability of the proposed team.

Section 5 – Fees

Provide a (separate) detailed fee proposal including the total proposed costs for completion of requested services as listed in the Scope of Work.

The proposal should include:

• Standard repair pricing by:

Transformer type (OH, 1-phase padmount, 3-phase) Size bands

• Unit pricing for:

Bushings Gaskets Oil processing

• Rewinds (or methodology) o Pickup/delivery rates

• Not-to-exceed structure

• Any escalation factors

• Total request cost (provide base estimate)*

• Hourly billing rates for key personnel, if applicable

• Any reimbursable expenses

* The City acknowledges that prices may vary based on pick up, delivery and assessment of transformer repair or reconditioning needs while on site with service provider.

The City will evaluate cost proposals based on overall value and the proposer’s ability to complete the work within the proposed budget.

Page Limit (Recommended)

Proposals should not exceed 10 pages, excluding fee proposal forms.

Evaluation Criteria (100 points)

- Relevant Experience (25 points)

- Services (25 points)

- Capacity Availability (25 points)

- Fees/Rates Schedule. (25 points)

- References and past performance (Reference checks may be used to verify past performance and may inform final selection.).

PROPOSAL RATE SCHEDULE

(Submit Proposal Rate Schedule in Separate Sealed Envelope with Company Fees/Rates Schedule)

*See Section 5-Fees Description Above

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 proposal 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, at the price set opposite each item, delivered to the designated point(s) within the time specified in the Rate Schedule.

Legal Business Name _________________________________________________________________

Federal Tax ID ______________________________________________________________________

Address ___________________________________________________________________________

Representative Signature_____________________ Printed Name _____________________________

Telephone Number _________________________ Fax Number

E-mail address _______________________________________________________________

Solicitation Name & No. RP007-26 - Electric Transformer Reconditioning & Repair on an Annual Contract

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR

SUBMITTAL)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Reform Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Lawrenceville has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the City of Lawrenceville, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Lawrenceville at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date

(Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

DAY OF , 20

Notary Public My Commission Expires:

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

Rev. 12.3.19

LAWRENCEVILLE, GEORGIA

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

(For projects less than $5,000,000)

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 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.

PO 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

SAMPLE CONTRACT

ANNUAL

CONSULTANT CONTRACT

Electric Transformer Reconditioning & Repair 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 , for a one year period with four (4) options to renew for an additional one year period.

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. 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) is the total obligation of the City pursuant to OCGA section 36-60-13 (a) (3). 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, expenses, 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 negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT or other persons employed or utilized by the CONSULTANT in the performance of the contract. 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.

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.

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 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 Lawrenceville, 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)

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

By:

David 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:

Print Name

Title

ATTEST:

Print Name Corporate Secretary

(Seal)

REV. 5.18.2015

Article

GENERAL CONDITIONS

TO CONTRACTOR AGREEMENT

TABLE OF CONTENTS

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 a 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

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

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3. CHANGES AND EXTRA WORK

The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement.

4. PERSONNEL AND EQUIPMENT

The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. Primary liaison with the CITY will be through its designee. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

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

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

5. ACCURACY OF WORK

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

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

6. FINDINGS CONFIDENTIAL

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

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

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

7. TERMINATION OF AGREEMENT FOR CAUSE

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

8. TERMINATION FOR CONVENIENCE OF THE CITY

The CITY may terminate this Agreement for its convenience at any time upon 30 days notice in writing to the CONSULTANT. If the Agreement is terminated by the CITY as provided in this Article 8, the CONSULTANT will be paid compensation for those services actually performed.

Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the CONSULTANT which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

All such expenses shall be properly documented and submitted to the Director or his designee for processing and payment. The CITY COUNCIL 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 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 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 Purchasing Department at the time of the execution of this Agreement.

13. PROHIBITED INTERESTS

13.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having any such interest shall be employed.

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

14. SUBCONTRACTING

The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the Department’s prior written approval of the subconsultant. The Department will not approve any subconsultant for work covered by this Agreement that has not been recommended for approval by the Department Director.

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

15. ASSIGNABILITY

The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY.

16. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subconsultant, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.

17. ANTI-KICKBACK CLAUSE

Salaries of architects, draftsmen, technical engineers and engineers, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement.

18. AUDITS AND INSPECTORS

At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY to audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subconsultant, assignee, or transferee.

19. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE

All documents and materials prepared pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT'S knowledge and consent.

20. VERBAL AGREEMENT OR CONVERSATION

No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.

21. INDEPENDENT CONSULTANT

The CONSULTANT shall perform the services under this Agreement as an independent consultant and nothing contained herein shall be construed to be inconsistent with this relationship or status.

Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY.

22. NOTICES

All notices shall be in writing and delivered in person or e-mail.

CITY OF LAWRENCEVILLE

PURCHASING DEPARTMENT

GENERAL INSTRUCTIONS FOR PROPOSERS, TERMS AND CONDITIONS

I. PREPARATION OF PROPOSALS

A. Each proposer shall examine the drawings, specifications, schedule and all instructions. Failure to do so will be at the proposer’s risk.

B. Each proposer shall furnish all information required by the proposal form or document. Each proposer shall sign the proposal and print or type his or her name on the schedule. The person signing the proposal must initial erasures or other changes. An authorized agent of the company must sign proposals.

C. Individuals, firms and businesses seeking an award of a City of Lawrenceville contract may not initiate or continue any verbal or written communications regarding a solicitation with any City officer, elected official, employee or other City representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the City Council. Violations will be reviewed by the Purchasing Manager. If 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.

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal submittal, but are contained for informational purposes only. If awarded, the successful proposer(s) will be required to complete them prior to contract execution.

E. Effective, July 1, 2013 and in accordance with the Georgia Illegal Reform and Enforcement, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with your bid/proposal submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

A. Each proposer should state time of proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are…