RP017_24 INV.pdf

RP017-24 Page 1

April 10, 2024

REQUEST FOR PROPOSAL

RP017-24

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified consultants to Singleton Road Corridor Technology Improvements Project for the Department of Transportation.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 P.M. local time on May 10, 2024 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 3:00 P.M. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

A Web-Ex pre-proposal conference is scheduled for 3:00 P.M. on April 23, 2024. To access, dial 1-408- 418-9388 and enter conference ID, 2346 258 8008##. All consultants are urged to attend. Questions regarding proposals should be directed to Michael Milstein, Purchasing Associate II at michael.milstein@gwinnettcounty.com or by calling 770-822-7811, no later than 3:00 PM on April 24, 2024.

Proposals are legal and binding upon the vendor when submitted. Consultants are requested to submit one (1) original unbound single sided, four (4) bound copies and one electronic copy on a flash drive of the proposal package to meet the requirements below. All copies must be identical to the original.

Successful supplier will be required to meet insurance requirements, submit a one hundred percent (100%) performance bond and a one hundred percent (100%) payment bond. Insurance and Bonding Company should be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by The Georgia Insurance Department, listed in the Department of Treasury's Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The payment bond and performance bond must have an A.M. Best rating of A-5 or higher.

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

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

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

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

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

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

RP017-24 Page 2

I. Introduction

Gwinnett County is excited to announce an invitation for sealed proposals targeting the Singleton Road Corridor Technology Improvements project, an endeavor supported by the U.S. Department of Transportation's Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program.

The heart of this initiative is the seamless incorporation of Intelligent Transportation Systems (ITS) and cutting-edge technologies into our existing infrastructure.

Central to this project is the well-being and accessibility of those who utilize our transportation system.

Our aim is to elevate the safety and convenience of pedestrians and transit users on our roadways and optimize the daily commutes of our diverse populace. Our commitment goes beyond just meeting these benchmarks; we aim to pioneer innovations that cater to every member of our community, prioritizing even the most marginalized sections.

We invite partners equipped with an in-depth grasp of technological potentialities and an acute vision for pragmatic, community-oriented implementation. This venture offers a chance to cohesively design a future where technology is harnessed to forge a safer, closely-knit community.

Stage I Planning and Strategy: Funding is earmarked to tackle pedestrian safety concerns along Singleton Road. Initially, we will revamp the county’s Connected Vehicle Master Plan (CVTMP) to reflect technological progress since its inception and distill the most probable solutions for our county.

Subsequently, the County will assess a range of technological solutions to boost safety and mobility on Singleton Road, including utilizing technology to understand pedestrian and vehicular behavior along the corridor. Notably, the CVTMP has pinpointed smart corridor deployment comprising connected traffic signals and pedestrian safety measures.

Likely features include additional mid-block pedestrian crossings. However, supplementary enhancements, such as heightened visibility to mitigate pedestrian-vehicle encounters and streamlining transit services to decrease wait times, are also in contemplation. The strategy will delve into pedestrian hybrid beacons, rectangular rapid flashing beacons, and other Federal Highway Administration endorsed safety tactics to aid mid-block transits. Crucially, these pedestrian signals and beacons will utilize passive pedestrian detection, eliminating any manual action by the pedestrian.

Furthermore, technologies under review include transit treatment interfacing with a transit signal priority. This informs drivers of bus stops experiencing heightened boarding and alighting activity, thereby refining transit efficacy. Other potential solutions emphasize pedestrian safety, leveraging cutting-edge tech to identify non-motorized traffic and gather this data on a unified platform. This enables efficient information dissemination via platforms such as active managed traffic beacons, dynamic message signs, and Connected Vehicle (CV) applications engaging directly with travelers. The County also aims to venture into technology that can pinpoint individuals and obstacles on roads, alerting drivers accordingly. Buses along the corridor could be fitted with detectors identifying individuals at stops, ensuring no missed pickups and optimal transit timings. These novel ideas, once recognized, should be methodically introduced on Singleton Road to tackle pedestrian mishaps.

II. Background

Gwinnett County confronts intricate transportation challenges related to consistent development and population growth over the last four decades. The Singleton Road corridor, indispensable to our mobility, has been grappling with the pressures of this development. Increased traffic has underlined the imperative need for a revamped approach to pedestrian safety and transport efficiency.

Past incidents, though regrettable, have steeled our determination to curate a safer space for our inhabitants. They underline the fact that our endeavors go beyond infrastructure; they're about the lives that depend on them. This campaign is a testament to our allegiance to visionary, sustainable, and

RP017-24 Page 3 inclusive strategies. We're looking beyond ephemeral solutions, setting our sights on transformative changes that promise safety, inclusivity, and prosperity for future generations.

III. Scope of Work:

A. Project Objectives:

1. Enhance pedestrian safety through technology-driven solutions.

2. Improve transportation (i.e. transit) efficiency and access, particularly for underserved communities through passive detection of riders.

3. Implement ITS and connected vehicle technologies, including new or untested technologies, provided they present a compelling case for reliability and effectiveness.

4. Ensure the inclusivity of solutions for all roadway users, including technologies not reliant upon user input

(i.e. passive detection systems, warning beacons, directed lighting, etc.).

5. Preference for technologies that can be hosted and managed directly by the existing county infrastructure, ensuring seamless integration and efficient management.

B. Tasks and Responsibilities:

Task 1: Connected Vehicle Master Plan Update

1. Amend the county’s 2019 Connected Vehicle Master Plan (CVTMP) to reflect updates in technologies, including considerations for operations, maintenance, inclusivity, potential integration with existing county infrastructure, and the potential integration of new or untested technologies.

Task 2: Assessment and Planning

1. Study the movement and behavior of all transportation modes (vehicular, bicycle, pedestrian, and transit) along and across the corridor. This may include assessment of near misses, speed, volumes, and other relevant metrics that provide context for safety concerns along the corridor.

2. Conduct a feasibility assessment, including a benefit-cost analysis, ensuring solutions address the needs of all roadway users (with a specific focus on increasing the visibility of vulnerable road users) and can integrate with existing county infrastructure where possible (i.e. the county’s fiber optic network and camera technologies).

Task 3: Public Engagement

1. Develop and execute a comprehensive public outreach plan that involves direct, intentional engagement strategies.

2. Engagement should include discussions on any proposed technologies and their ability to integrate with existing county infrastructure, gathering community feedback, and providing clear, understandable information on these aspects.

Task 4: Strategy Development & Project Design

1. Formulate a project strategy, potentially incorporating the deployment of a prototype test site.

Technologies that can be hosted and managed directly by the existing county infrastructure are strongly encouraged. Proposals should provide a compelling argument for their potential effectiveness, reliability, and ease of integration.

2. Conduct pre-design activities and conceptual engineering design, with a strong emphasis on solutions that can be directly integrated into and managed by existing county infrastructure.

RP017-24 Page 4

Task 5: Deployment & Implementation

1. Fully deploy and integrate the selected technologies within the existing infrastructure, ensuring it addresses the needs of all user groups and aligns with county systems.

Task 6: Documentation, Reporting, and Evaluation

1. Document systems engineering comprehensively, detailing the technologies used and their integration with Gwinnett County's existing infrastructure. Emphasize how these technologies complement and enhance the county's current systems.

2. Report results and lessons learned post-deployment. This report must include an in-depth analysis of the integration process with existing infrastructure, highlighting any efficiencies or improvements realized.

3. Ensure ongoing project evaluation aligns with the Gwinnett County SMART Transportation Initiative Evaluation Plan. Proposals should demonstrate this alignment, showcasing how the suggested technologies and methodologies will advance the overall objectives of the SMART Transportation Initiative.

4. Harmonize data collection, analysis, and dissemination strategies with the Gwinnett County SMART Data Management Plan. Documentation must detail these processes, tools, and technologies, showing their alignment with the principles and strategies of the Data Management Plan.

C. Project Completion Deadline: All project activities must be completed, and final deliverables submitted by April 1, 2025 due to grant funding expiration. Proposals should include a detailed timeline demonstrating the vendor's ability to meet this deadline.

IV. PROPOSAL SUBMISSION INSTRUCTIONS

A. Proposal Requirements

Proposals must clearly identify the following requirements:

1. Proposed methodology and technical approach.

2. Team qualifications and experience, including resumes of key project management personnel and their designated backups. Any changes in key project management personnel after the contract award must be approved by Gwinnett County.

3. Project management plan, including a timeline that adheres to the completion deadline. The contracted firm will be mandated to organize consistent interactions with the County, whether face-to-face, via telephonic means, or video conferences, based on the County's preference. The project management plan shall also include regular updates detailing progress and highlighting specific areas of interest as stipulated by the County. A contingency plan detailing the roles of designated backups to ensure project continuity in case of any unforeseen changes in personnel shall also be provided.

4. Detailed budget breakdown based upon the awarded amount of $1,053,400.00

5. References and evidence of past performance that showcase your team’s capabilities and experience.

6. Description of the feasibility, capability, and innovative aspects of any potential technological solutions.

7. Proof of compliance with the SMART Grant's terms and conditions.

Consultants are requested to submit one (1) original unbound single sided, four (4) bound copies and one electronic copy on a flash drive of the proposal package to meet the requirements below. All copies must be identical to the original.

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V. SELECTION PROCEDURE

A. EXPERIENCE – 25 Points Provide a description of the experience of the firm or team in performing comprehensive services for projects of similar size and scope of work over the past five (5) years.

Indicate the extent of the firm’s involvement, whether as lead, sub-consultant or partner. Firms may do a chart as a summary and/or full write-up on key relative projects. If full project write-ups are provided, provide no more than five (5) specific projects.

B. QUALIFICATIONS – 25 Points Provide a description of the qualifications and experience of the key team members that will be working on this project. Describe the experiences of the team members with regard to similar federally funded projects. Describe any special skills or experience that key personnel might contribute to the successful completion of this particular project. Provide a project organizational chart describing all key personnel including point of contact with the County's agents, personnel responsible for quality control, personnel responsible for coordination of all sub-consultants, and personnel responsible for performance of the project manager. The key personnel identified are expected to perform the work on this project. Any deviations must be approved in advance by the County. Organizational charts may be printed on 11” x 17” provided it is folded to 8- 1/2” x 11” size. Experience gained with an employer different from current must be identified as such.

C. SCHEDULE – 15 Points Provide a preliminary schedule indicating the time necessary for each phase of work identified in this document and relevant attachments. Utilize actual dates based on an anticipated contract award date of June 18, 2024. Refer to any similar government project where a similar schedule was accomplished.

D. UNDERSTANDING & APPROACH– 25 Points Provide a written project approach to identify how the consultant will proceed with all aspects of the process to develop the SMART Corridor, including experience and creative methods with regard to use of technology to create safer corridors.

Consultant is urged not to simply repeat the process included in Section III of this RFP.

E. REFERENCES – 10 Points Provide at least three (3) references for similar work completed within the last five (5) years complete with names, addresses, current telephone number, email address and project identifying information for that reference. All references should be verified for current contact information prior to submission. Gwinnett County will make no more than two (2) email attempts. If a reference does not respond to attempts at verification, the consultant shall receive no points for that reference. It is the responsibility of the proposing consultant to verify the contact information and availability of references prior to submission of proposal(s). Provide references for any sub-consultants, if used.

RP017-24 Page 6

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

Part I Technical Evaluation (MAXIMUM 100 POINTS):

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

25 points

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

25 points

C. Complete schedule. 15 points D. The consultant's understanding of the variety and progression of work tasks from Concept through Implementation, as explained in its Project Approach.

25 points

E. References 10 points

Sub Total 100 points

F. Interview (if needed) 20 points

Total 120 points

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

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

VI. INSURANCE REQUIREMENTS

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

VII. ADDITIONAL INFORMATION

A. All work must comply with the requirements outlined in the U.S. Department of Transportation Grant Agreement and General Terms and Conditions under the Fiscal Year 2022 Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program.

B. The total funding available for this project is $1,053,400, as per the grant agreement. No additional funding is anticipated.

C. Those from outside the county’s organizational structure are anticipated to work in tandem with County personnel throughout the project's duration. The County retains the right to make the final decision on

RP017-24 Page 7 all matters. All associated materials, i.e., work papers, correspondence, documents, or other forms of evidence, are the property of the County.

VIII. GENERAL INFORMATION/REQUIREMENTS

A. Individuals, firms, and business seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If it is determined that such communication has compromised the competitive process, the offer submitted by the individual, firm, or business may be disqualified from consideration for award.

B. Proposals submitted are not publicly available until after award by the Gwinnett County Board of

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

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

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

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

ii. Two (2) properly executed contract documents.

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

RP017-24 Page 8

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

PROPOSAL FEE SCHEDULE (RETURN IN A SEPARATE ENVELOPE)

Item # Billing Category Number of Hours

Hourly Rates Total

1. Principal-In-Charge $ $

2. Project Manager $ $

3. Engineer, Senior $ $

4. Engineer $ $

5. Engineer, Associate $ $

6. Technician $ $

7. CADD Technician $ $

8. Administrative Support $ $

9. Landscape Architect, Senior $ $

10. Landscape Architect $ $

11. Surveyor, Principal $ $

12. Surveyor, Senior $ $

13. Surveyor, Project $ $

14. Survey Crew $ $

15. Aerial Survey $ $

16. Mobile Scanner $ $

17. SUE Crew $ $

18. Vacuum Excavation Crew $ $

19. Planner, Principal $ $

20. Geotechnical Engineer, Senior $ $

21. Geotechnical Engineer $ $

22. Geotechnical Field Crew $ $

23. Planner, Senior $ $

24. Planner $ $

25. Scientist, Principal $ $

26. Scientist, Senior $ $

27. Scientist $ $

28. Scientist, Associate $ $

TOTAL PROJECT COST $

Company Name

RP017-24 Page 9

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

FIRM INFORMATION

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

Addendum No. Date Addendum No. Date

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

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Vendors" and all documents referred to therein. offers and agrees, if this proposal is accepted by the Board of Commissioners within sixty (60) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the fee schedule.

Legal Business Name

Address

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

Representative Signature

Print Authorized Representative's Name

Telephone Number Fax Number

E-Mail Address

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

Telephone Number Fax Number

E-Mail Address

RP017-24 Page 10

REFERENCES

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

1. Company Name

Brief Description of Project

Completion Date

Contact Person

Telephone Facsimile

2. Company Name

3. Company Name

Company Name

RP017-24 Page 11

STANDARD INSURANCE REQUIREMENTS

(Design/Build)

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) $500,000 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, non-owned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) The following additional coverage must apply Additional Insured Endorsement Concurrency of Effective Dates with Primary Blanket Contractual Liability Drop Down Feature Care, Custody, and Control - Follow Form Primary Aggregates: Apply Where Applicable in Primary Umbrella Policy must be as broad as the primary policy

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

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

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

6. Gwinnett County Board of Commissioners (and any applicable Authority) should be shown as an additional insured on

General Liability, Auto Liability and Umbrella Liability policies.

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

8. Certificate Holder should read:

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

9. 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

RP017-24 Page 12 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.

10. Insurance Company should be licensed to do business by the Georgia Department of Insurance.

11. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

12. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the County to verify the compliance with these insurance requirements.

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

14. 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.

15. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

16. The Contractor shall agree to waive all rights of subrogation against the County, the Board of Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the County.

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

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

19. 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.

20. 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.

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

RP017-24 Page 13

GENERAL CONDITIONS

TO CONSULTANT AGREEMENT

TABLE OF CONTENTS

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 CONSULTANT to Cooperate with other Consultants

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Consultant

22 Notices

RP017-24 Page 14

1. DEFINITIONS

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

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

1.2 Supplemental Agreement-means a written order to CONSULTANT signed by COUNTY and accepted by

CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

RP017-24 Page 15

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

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3. CHANGES AND EXTRA WORK

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

4. PERSONNEL AND EQUIPMENT

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

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

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

5. ACCURACY OF WORK

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

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

6. FINDINGS CONFIDENTIAL

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

DEPARTMENT.

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

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the CONSULTANT without prior approval from the COUNTY, the release of

RP017-24 Page 16 same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the COUNTY or by the CONSULTANT with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

7. TERMINATION OF AGREEMENT FOR CAUSE

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

8. TERMINATION FOR CONVENIENCE OF THE COUNTY

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

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

9. CONSULTANTS TO COOPERATE WITH OTHER CONSULTANTS

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

10. INDEMNIFICATION

CONSULTANT agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the CONSULTANT.

CONSULTANT's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

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

11. COVENANT AGAINST CONTINGENT FEES

The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent

RP017-24 Page 17 fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non- COUNTY fee related to this Agreement without the prior written consent of the COUNTY. For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.

12. INSURANCE

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

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

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

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

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

13. PROHIBITED INTERESTS

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

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

14. SUBCONTRACTING

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

COUNTY.

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

RP017-24 Page 18 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 COUNTY may deem necessary, the

CONSULTANT shall make available to the COUNTY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the COUNTY 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 COUNTY 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 COUNTY. The COUNTY 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 COUNTY shall hold harmless and indemnify 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 COUNTY, 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 COUNTY.

22. NOTICES

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

RP017-24 Page 19

**Gwinnett County requires that all Contracts between parties be entered into via the following documents. If any exceptions are taken to any part of this document, each must be stated in detail and submitted as part of your proposal/bid document. If no exceptions are noted it is assumed that the party fully agrees to the contract in its entirety. Exceptions to the sample contract provided in this request for proposal will be considered in terms of responsiveness when making award.**

**SAMPLE** CONSULTANT CONTRACT

RP017-24, Singleton Road Corridor Technology Improvements This CONTRACT made and entered into this day of , 20 by and between Gwinnett County, Georgia (Party of the First Part, hereinafter called the COUNTY), 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:

This Contract shall consist of the Service Provider's bid/proposal and all Invitations to Bid/Proposals including all drawings, specifications, price lists, Instructions to Bidders, General Conditions, Special Provisions, Detailed Specifications, addenda, and change orders issued after execution of the Contract (hereinafter collectively referred to as the "Bid"), which are specifically incorporated herein by reference (Exhibit A). In the event of a conflict between the County's contract documents and the Service Provider’s bid/proposal, the County'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 County 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 County in accordance with the rate schedule referenced in the Bid Proposal (Exhibit A).