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RP019-17 Page 1 RP016-16 Page 1 June 28, 2017 REQUEST FOR PROPOSAL RP019-17 The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified Firms for Control System Integration Services under the DWR SCADA Conversion Program on an Annual Contract with four (4) Options to Renew for the Department of Water Resources. Proposal submittal date and location: 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 July 31, 2017 at the Gwinnett County Purchasing Office, 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. Pre-proposal Date and Location: A pre-proposal conference is scheduled for 10:00 a.m. July 13, 2017 at the Gwinnett County Purchasing, above address. All firms are urged to attend. Instructions on Submitting Questions Questions regarding proposals should be directed to Shelley McWhorter at [email protected] or by calling 770-822-8734, no later than July 18, 2017. Proposals are legal and binding upon the bidder when submitted. One unbound original and 8 copies should be submitted. Insurance and Bonding Requirements All suppliers must submit with bid, a bid bond, certified check or cashier's check in the amount of five percent (5%) of the total bid. Failure to submit a bid bond with the proper rating will result in the proposal being deemed non-responsive. 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 bid bond, payment bond, and performance bond must have an A.M. Best rating of A-10 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 Michael Plonowski, Gwinnett County Justice and Administration Center, 770-822-8015. 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. Shelley McWhorter Shelley McWhorter, CPPB Purchasing Associate III

REQUEST FOR PROPOSAL - Gwinnett County, Georgia...The written proposal documents supersede any verbal or written prior communications between theparties. Selection criteria are outlined

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Page 1: REQUEST FOR PROPOSAL - Gwinnett County, Georgia...The written proposal documents supersede any verbal or written prior communications between theparties. Selection criteria are outlined

RP019-17 Page 1

RP016-16 Page 1

June 28, 2017 REQUEST FOR PROPOSAL

RP019-17 The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified Firms for Control System Integration Services under the DWR SCADA Conversion Program on an Annual Contract with four (4) Options to Renew for the Department of Water Resources. Proposal submittal date and location:

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 July 31, 2017 at the Gwinnett County Purchasing Office, 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.

Pre-proposal Date and Location:

A pre-proposal conference is scheduled for 10:00 a.m. July 13, 2017 at the Gwinnett County Purchasing, above address. All firms are urged to attend.

Instructions on Submitting Questions

Questions regarding proposals should be directed to Shelley McWhorter at [email protected] or by calling 770-822-8734, no later than July 18, 2017. Proposals are legal and binding upon the bidder when submitted. One unbound original and 8 copies should be submitted.

Insurance and Bonding Requirements

All suppliers must submit with bid, a bid bond, certified check or cashier's check in the amount of five percent (5%) of the total bid. Failure to submit a bid bond with the proper rating will result in the proposal being deemed non-responsive. 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 bid bond, payment bond, and performance bond must have an A.M. Best rating of A-10 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 Michael Plonowski, Gwinnett County Justice and Administration Center, 770-822-8015. 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.

Shelley McWhorter Shelley McWhorter, CPPB Purchasing Associate III

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RP019-17 Page 2

I. Invitation to Submit Proposals A. The Gwinnett County Department of Water Resources (GCDWR) hereby requests Proposals from firms

for Control System Integration Services on an Annual Contract with four options for renewal. This submission will assist GCDWR in selecting a firm or a short-list of firms qualified to provide services for GCDWR in its implementation of its capital improvement and operating programs.

GCDWR needs sufficient information to determine that selected firms are adequately staffed and can

demonstrate they are capable of providing the annual professional services required to support a range of Control System Integration Services. Qualified firms will have broad expertise in the design, integration, and installation of SCADA system-related equipment and shall have a demonstrated capacity to implement replacement SCADA systems in the municipal wastewater collection and treatment industries.

Following award of the selected firms, each firm will execute a task order based general services

contract. As project needs arise, one or more firms will be contacted based upon their qualifications and experiences to develop an approach and fee for each specific project task order. The County will select the most qualified firm to finalize the task order proposal that it deems to provide the best service/value for the specified project and/or is in the best interest of the County. No minimum or maximum amount of work is guaranteed for the selected firm under this solicitation, and work will be procured on an as-needed basis via Work Authorization approvals per request.

B. Partnering, and/or teaming is not be permitted as part of the proposal. C. GCDWR will not pay any firm for work done in preparation of this proposal submittal. D. One (1) unbound original (designated as the original), eight (8) bound copies, and one (1) electronic

version on CD of your proposal should be submitted. All copies of the proposal must be identical. The full cost of proposal preparation is to be borne by the proposing firm. The original proposal must be signed in ink by a company official who has authorization to commit company resources. These officials will also be individuals noted as authorized to sign Work Authorizations.

Proposals shall be submitted in a sealed envelope/package. Envelope/package shall be addressed to

Gwinnett County Purchasing Division, Gwinnett Justice and Administration Center, Second Floor, 75 Langley Drive, Lawrenceville, Georgia 30046 and shall be identified with the proposal number and company name on the outside.

E. The Proposer is to submit, in a separately sealed envelope, one (1) original and five (5) exact copies of

Proposal Fee Schedule. Envelopes should be labeled with the “FEE SCHEDULE”, Proposer’s name, and RFP number.

F. Sole responsibility rests with the firm to ensure that their proposal(s) are received on time at the above

stated location. G. Proposals submitted by alternate means other than those specified in this solicitation will be rejected

and disposed of accordingly. This includes proposals sent by facsimile, email, or any other electronic or telegraphic means. If the County receives a proposal through such alternate means, the County does not assume any burden or liability to notify the Firm that the proposal has been rejected.

Proposers are to follow the instructions outlined in this solicitation and failure of the Proposer to do so

may result in the County deeming the Proposer’s submittal as non-responsive. Firms are expected to allow adequate time for delivery of their proposals either by hand delivery, postal service or other means. Late proposals will not be accepted and will be returned to the Proposer.

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H. All questions concerning this RFP should be directed IN WRITING by July 18, 2017 to Shelley McWhorter, Purchasing Associate III, Gwinnett County - Purchasing Division, 75 Langley Drive, Lawrenceville, Georgia 30046 either by email to [email protected] or Fax: 770- 822-8728. Where appropriate, GCDWR responses to formal questions will be in writing and will be distributed to all firms on our record as having received a copy of this RFP.

Please note that it is the respondent’s responsibility to confirm with the Purchasing Associate that the

Proposer is on record as having received a copy of this RFP. In each case of formal questions, GCDWR will determine whether a response is appropriate or necessary.

I. Between the date of the issuance of the solicitation and the date of the final contract award by the

Board of Commissioners, individuals, firms and businesses 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. Violations will be reviewed by the Purchasing Director. 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. This process is to ensure that all prospective respondents have the same level of knowledge relative to the RFP, as well as ensuring any additional data is made available to all proposers.

J. Submitted proposals and all documentation regarding the proposals will not be made available to the

public until such time that an official action has been taken by the Gwinnett County Board of Commissioners to award or reject this solicitation. All proposals and supporting materials, as well as correspondence relating to this RFP, become property of Gwinnett County when received and will be subject to the Georgia Open Records Act.

K. All applicable State of Georgia and Federal laws, City and County ordinances, licenses and regulations of

all agencies having jurisdiction shall apply to the firms and services throughout and incorporated herein by reference. The Agreement with the selected firm, and all questions concerning the execution, validity or invalidity, capacity of the parties, and the performance of the Agreement, shall be interpreted in all respects in accordance with the Charter and Code of Gwinnett County and the laws of the State of Georgia.

II. Instructions to Firms

A. Firm Qualifications No proposal shall be accepted from and no contract will be awarded to any person, firm, or

corporation that is in arrears to Gwinnett County, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to Gwinnett County or that is deemed irresponsible or unreliable by Gwinnett County. If requested, firms shall be required to submit satisfactory evidence that they have a practical knowledge of the particular service proposed upon and that they have the necessary financial resources to provide the proposed service called for as described in Section III of this RFP “Description of Services”.

B. Control Systems Integration Services Agreement for Professional Services The firms will be expected to sign a Services Agreement for Professional Services developed by

Gwinnett County (Sample Agreement included). The proposal must contain a statement that the firm has carefully reviewed the agreement, can meet all insurance and other requirements, and if selected, will sign the agreement. If any exceptions are taken to any part of this document, each must be stated in detail and submitted as part of your proposal document. This information will be included in the cover letter referenced in Section IV of this RFP “Preparation of Proposals”.

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Selected firm(s) are required within ten (10) days of the Notice of Award to provide the following: • Certificate of Insurance specified in proposal • Two (2) sets of properly executed contract documents.

III. Description of Services A. Scope of Services - To accomplish its mission of providing quality water and sewer services to its

customers, the County owns and GCDWR operates various facilities for the production, treatment, and distribution of water, and the collection and transportation of wastewater. Supervisory Control and Data Acquisition (SCADA) system support and related integration services are required to assist GCDWR with its operations and with particular system improvement projects. Services needed may include but not necessarily be limited to the following: SCADA systems design, Programmable Logic Controller (PLC) programming and controls integration into SCADA systems, and SCADA system installation services.

B. Troubleshooting & Repair – Address issues with SCADA, PLC, instrumentation equipment and software.

Emergencies require response time to request for service within 2 hours through phone and/or remote access support and as required physical response to the site within 4 hours during normal business hours and 12 hours (24/7) for after-hours, holidays and weekends from receipt of notification.

C. System Software Updates – Inform GCDWR of any SCADA software updates that would be of benefit to

GCDWR. Install system software and equipment firmware updates at the request of GCDWR as needed. D. Hardware Engineering and Design Layout – Provide SCADA, control and instrumentation design services

for any new processes or sites and all system-related equipment, including power and signal wiring, control panels, computer software and hardware, radio configuration, Programmable Logic Controller (PLC) programming, computer-based SCADA Human-Machine Interface (HMI) and PLC Operator Interface Terminal (OIT) graphics development, and SCADA databased configuration per GCDWR SCADA HMI / OIT standards and applications requirements.

E. Hardware Upgrades – Provide recommendations and, when authorized, make improvements to

GCDWR’s SCADA, control and instrumentation system. F. Software Programming – Provide recommendations and, when authorized, make software programing

modifications or additions to improve operations. G. Parts and Supplies – Any equipment, parts or supplies directed by GCDWR to be provided by firm shall

be the same manufacturer as existing GCDWR equipment and shall be the equivalent model unless approved otherwise by GCDWR. Reimbursement for firm supplied equipment shall be billed as a direct cost plus a standard markup.

H. Installation – Provide SCADA, control and instrumentation installation services including installation of

software modules, SCADA software programming and configuration, PLC programming and configuration, and on-site services in support of commissioning control systems at County facilities.

I. User Training and Documentation - Provide applicable user training for any software or hardware

upgrades and replacements. Ensure required user operation and maintenance manuals and supporting documents are updated and provided to GCDWR per project requirements and GCDWR documentation standards.

All work shall be authorized by GCDWR as needed. Upon request for specific project task orders, the contractor will be required to submit a project-specific total not-to-exceed project task order cost to GCDWR.

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IV. Minimum Requirements for the Control Systems Integrator A. Minimum Qualifications: For standardization and quality purposes, the following criteria should be met

by the Control Systems Integrator. In addition, a number of preferences have been identified which will be considered in the evaluation process for System Integrators who demonstrate these requirements. Certain minimum requirements should be met for the proposal to be further evaluated. Failure to demonstrate, to the satisfaction of the selection committee, any of the following will be taken into consideration during evaluation.

1. Control Systems Integrator shall at a minimum be listed by Schneider Electric as a Wonderware

Certified Systems Integrator (SI) Partner well experienced with Wonderware software and databases. A Schneider Electric Endorsed SI Partner designation with Wonderware will be preferred but not required for consideration. An Endorsed SI Partner designation indicates that a Control Systems Integrator has the highest level of experience with the Wonderware software, County’s SCADA software.

2. Control Systems Integrator shall have a minimum of five (5) years’ experience in the design, construction, installation and successful startup of PLC-based SCADA systems of comparable size, type, and complexity to the proposed projects described under Section V Tab F. At least two (2) of the SCADA system installations (preferably for water/wastewater applications) shall utilize Rockwell Automation (Allen- Bradley) ControlLogix PLCs documented under Section V. Tab D. At least two (2) of the SCADA system installations (preferably for water/wastewater applications) shall utilize Schneider Electric Wonderware SCADA software documented under Section V. Tab. D.

3. Control Systems Integrator shall have been in business a minimum of five (5) years’ operating under the same company name with a minimum of four (4) full time technical staff (design engineers, service engineers, and technicians) specifically trained and qualified for design and support of SCADA systems, water/wastewater control systems, and instrumentation.

4. Control Systems Integrator shall have expertise in industrial communications protocols, networking equipment and computer operating systems such as Windows and Unix, including Cisco and /or Microsoft certified qualifications. Should able to administer, manage and troubleshoot – operating system, Database, Network software, network communication, network security, network services and network traffic .

5. The Control Systems Integrator shall employ design engineers, service engineers, and technicians for the work on the County’s system who have a minimum of five (5) years of work experience or a 2 year associate degree.

6. The Control Systems Integrator headquarters or local engineering office shall be located within a 250-mile radius of the GCDWR office location. No contract or part-time employees shall be used for any portion of any project.

7. Each Control System Integrator must include a schedule of charges for services that are good for the contract period. These should include standard charges for requested services and also overtime or after hours rates.

8. The Control System Integrator must use in house staff personnel for the completion of any services performed for the County. No part-time staff or sub-contractors shall be used.

9. Bonding capacity by June 2017 of at least $2,000,000 for a single project. Please provide maximum bonding capacity as part of the bid response.

10. The Control System Integrator submitting shall provide documentation to show license(s) to conduct business in the state of Georgia.

11. The Control System Integrator submitting shall provide documentation to show what license(s) are held authorizing the firm to perform engineering in the state of Georgia.

12. The Control System Integrator shall provide documentation of experience in integrating SCADA systems on Water Filtration Plants, Wastewater Treatment Plants, Water Distribution, Wastewater Collection, and Pump Stations.

13. The Control System Integrator shall be a member of the Rockwell Automation Systems Integrator Program and have access to the Rockwell Automation products, services, and the tools needed to support Rockwell Automation products utilized on GCDWR project task order.

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14. The Control System Integrator shall provide documentation certifying firm as a Drug Free Work Place

B. GCDWR will give preference to Control System Integrators who can demonstrate experience in the

following: 1. Control System Integration firms that are a Certified Member in good standing with the Control

System Integrators Association (CSIA). 2. Maintain a UL-508A certified control panel assembly shop. 3. Staff includes a minimum of three (3) Service Technicians that are recognized as Certified Control

Systems Technicians, Level 1, by ISA. 4. Design engineers have a 4 year baccalaureate technical degree from an accredited university. 5. Producing and modifying 3-D graphic displays. 6. Ladder logic, Function block, Sequential and structured programming, communication techniques

and protocols. 7. High level Programing experience in RSLogix 5000, RSLogix 500, Schneider PLC programing –

Unitypro, Siemen’s PLC Programing etc. 8. Interfacing multi-platform SCADA Systems such as Foxboro and Wonderware and or Dynac and

Wonderware. 9. Configuring and running parallel SCADA platforms through the duration of the project. 10. Training and Certification in MS Server 2014 installation, configuration, management and

maintenance with 5 plus years of proven experience 11. Programming and configuration of SCADA software packages, PLC platforms, OPC, SQL, and OLE

clients and servers. 12. High level experience configuring and managing Industrial routers and switches such as Cisco and/or

Stratix managed switches with redundant ring network infrastructure. 13. Training & Certification from Cisco for networking and administration with 5 plus years of industrial

experience 14. 5 plus years of experience Configuring PLCs in a Distributed Control System environment for large

water facilities 15. Training and Certification in MS Server 2014 - installation, configuration, management and

maintenance with 5 plus years of proven experience. 16. Data & storage management. 17. Implementing disaster recovery and COOP programs 18. Configuring Redundant multi-thread AI servers in hot stand by failover with Wonderware SCADA

platform 19. Design, development and deployment of Situational awareness graphics 20. Configuring in display, graphics and report generation. 21. Developing Dashboards focused on performance management and operational efficiency 22. Developing Operational and Maintenance Manuals 23. Developing training contents for operation and Maintenance 24. Delivering training to operational and maintenance group. 25. Configuring and maintenance of Virtual environment – VM machines, cluster and Virtual networks. 26. Hyper-convergence Technology. 27. Implementing backup servers and change management tools. 28. Design and development of PLC panels.

C. GCDWR will give preference to Control System Integrators who are a certified NPI with Corning Cable

Systems (CCS) LANscape Network of Preferred Installers (NPI) programs.

V. Preparation of Proposals Each Firm shall read all sections of this RFP including the instructions, and all attachments hereto. Failure to do so will be at the respondent’s risk. The respondent must sign the proposal with their usual signature by an authorized representative.

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RP019-17 Page 7

Proposals do not have a page limit. Proposals should be letter size, single-sided written pages using an Arial font size no smaller than 12 point. Figures, charts and exhibits shall be included under the appropriate tabs as described below. Resumes are to be included under Tab F, should be limited to no more than 2 pages per individual, and should be project relevant. The following information shall be submitted in the proposal in the format as specified herein.

Cover Letter A proposal cover letter should be provided presenting an Executive Summary of the Firm’s proposal. Please limit this cover letter to 2 pages or less. Tab A – Firm Identification A Firm is defined as the Controls Systems Integrator that will perform work equal to the total design contract dollar value. Per Section I. Tab B. teaming with other Firm(s) is not permitted as part of the proposal. Include the following information for the Firm:

1. Corporate ownership and history. 2. Affiliates and subsidiaries. 3. Operating philosophy. 4. Principal business office and local office locations, inside or outside Gwinnett County. 5. List of full time employees who are registered as Professional Engineers (PE) in the State of Georgia

performing direct related engineering work. Include a table that lists name, years of experience, PE number and registration fields (e.g. Electrical, I&C, Controls, or others), two representative projects, roles and responsibilities, and home office locations.

6. List of full time employees with license or certification other than PE in the State of Georgia performing direct related professional services. Include a table that lists names, years of experience, professional registration or certification area (e.g. PG, BCEE, PMP or others), two representative projects, roles and responsibilities, and home office locations.

7. List of other full time employees (other than items #5 and #6 above) in your local office performing direct related professional services.

8. Provide ranges of services, capabilities and strengths of the Firm. 9. Reasons and benefits of this teaming provided to GCDWR. 10. Provide Firm’s certifications (where applicable)

Tab B - Experience of Firm on Similar Potential Projects Describe the relevant past experience of the Firm on two (2) relevant projects of similar size and scope required as documentation of Firm’s minimum qualifications under Section IV including experience in performing professional services for State, County and municipal governments.

GCDWR and ENGINEER will review and evaluate information provided during the evaluation. Once awarded, GCDWR reserves the right to remove and disqualify any Control System Integrator personnel from working on a project (at any time) at the sole discretion of the County. Failure to furnish all information requested or entering more than one manufacturer's name for any item in this Instrumentation and Control System Integrator Questionnaire may be cause for rejection of the Bid.

The Control Systems Integrator should demonstrate compliance with the minimum experience requirements indicated in Section IV. This shall be demonstrated through submittal of the following information: (use the following format)

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A. Control System Integrator

B. Complete Address

C. Phone #

D. Number of full-time design personnel on staff

E. Name(s) (resume/ qualifications/certifications attached) of personnel assigned to project, including individuals responsible for system integration, Rockwell Automation ControlLogix PLC application programming, and Wonderware HMI development

F. Number of full-time service personnel on staff (not including personnel in Item 2)

G. Geographic location of fabrication/ testing facility for this project

H. Geographic location of service personnel for this Project

I. Number of years Firm has successfully provided Schneider Electric Wonderware SCADA systems

J. Number of years Firm has successfully provided Rockwell Automation ControlLogix PLC on SCADA Systems

K. REFERENCE INFORMATION FOR SCHNEIDER ELECTRIC WONDERWARE SCADA SYSTEMS

1. a. Project Reference- Project and Owner’s Name b. Complete Address c. Contact Person’s Name

d. Telephone Number e. Contact Email Address

f. Date Project Started g. Date Project Completed h. Dollar value of each contract both for design and construction ($USD)

i. Comparison of the project’s final budget and schedule with the initial budget and schedule - explain negative variances (i.e., exceeded budget or schedule)

j. Specific details that indicate where the Firm’s approach saved either cost or time for the client k. Project description including description of control technology l. List of services m. Description of the major roles and responsibilities of the Firm n. Indicate the people who worked on the project that will be assigned to this project o. Description of the major roles and responsibilities of the Firm 2. a. Project Reference- Project and Owner’s Name

b. Complete Address

c. Contact Person’s Name

d. Telephone Number

e. Contact Email Address

f. Date Project Started

g. Date Project Completed

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h. Dollar value of each contract both for design and construction ($USD) i. Comparison of the project’s final budget and schedule with the initial budget and schedule -

explain negative variances (i.e., exceeded budget or schedule) j. Specific details that indicate where the Firm’s approach saved either cost or time for the client

k. Project description including description of control technology

l. List of services

m. Description of the major roles and responsibilities of the Firm

n. Indicate the people who worked on the project that will be assigned to this project

o. Description of the major roles and responsibilities of the Firm

L. REFERENCE INFORMATION FOR ROCKWELL AUTOMATION CONTROLLOGIX PLC ON SCADA SYSTEMS

1. a. Project Reference- Project and Owner’s Name

b. Complete Address

c. Contact Person’s Name

d. Telephone Number

e. Contact Email Address

f. Date Project Started

g. Date Project Completed

h. Dollar value of each contract both for design and construction ($USD)

i. Comparison of the project’s final budget and schedule with the initial budget and schedule - explain negative variances (i.e., exceeded budget or schedule)

j. Specific details that indicate where the Firm’s approach saved either cost or time for the client

k. Project description including description of control technology

l. List of services

m. Description of the major roles and responsibilities of the Firm

n. Indicate the people who worked on the project that will be assigned to this project

o. Description of the major roles and responsibilities of the Firm

2. a. Project Reference- Project and Owner’s Name

b. Complete Address

c. Contact Person’s Name

d. Telephone Number

e. Contact Email Address

f. Date Project Started

g. Date Project Completed

h. Dollar value of each contract both for design and construction ($USD)

i. Comparison of the project’s final budget and schedule with the initial budget and schedule - explain negative variances (i.e., exceeded budget or schedule)

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j. Specific details that indicate where the Firm’s approach saved either cost or time for the client

k. Project description including description of control technology

l. List of services

m. Description of the major roles and responsibilities of the Firm

n. Indicate the people who worked on the project that will be assigned to this project

o. Description of the major roles and responsibilities of the Firm

Employee experience cannot be substituted for Firm experience. The project experience sheets must demonstrate the Firm’s experience and not an individual employee’s experience. All project experience sheets should have been completed within the past five (5) years.

In addition to the above information, the Firm should provide a separate table listing all projects/task orders (past and current) with GCDWR within the last five (5) years A. Project Name

B. GCDWR project manager and/or primary contact

C. Project Type

D. Prime or Sub?

E. Contract Value

F. Project completion date: The project performance from GCDWR project manager and/or primary contact will be requested and may be part of the evaluation. The Firm should be regularly engaged in the business of supplying computer-based monitoring, control, and data acquisition systems. The Firm shall coordinate all control system related items to commissioning and check-out for all existing instruments, and to perform all testing, training, and startup activities specified to be provided. The Firm should be an experienced (factory trained and certified) provider of Rockwell Automation ControlLogix Platform Programmable Logic Controller (PLC) systems and Schneider Electric Wonderware Human Machine Interface (MHI) systems who has been respectively certified to OWNER & ENGINEER by Rockwell Automation and Schneider Electric for such work. For each project, the Firm shall provide to OWNER and ENGINEER documentation that each team member of the proposed system integration team has of a minimum of two (2) successful installed Supervisory Control and Data Acquisition (SCADA) systems of comparable size or complexity (including hardware assembly and software configuration, field installation, commissioning, and training) utilizing Schneider Electric Wonderware software and two (2) SCADA systems utilizing Rockwell Automation ControlLogix PLC hardware.

Tab C - Key Staff Qualifications, Experiences, Location and Availability Provide an overall services organization chart for the integration services annual contract. The proposer should identify the roles/positions/responsibilities of each proposed team member. The proposed organization chart should include the Client Services Manager, Services Coordinator/Contract Manager, Project Manager(s), Subject Matter Expert(s), QA/QC Manager(s), Lead Design Engineer(s), Programmer(s), and Technician(s) for each discipline. Provide a table to show all key members of the project team, their degree, professional registrations, years of experience, levels of responsibility and availability. This table should also include two representative projects for each key member, their roles and responsibilities, control technology expertise (including Rockwell Automation / Allen Bradley ControlLogix, Schneider Electric Wonderware InTouch and

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System Platform) including documentation of any applicable manufacturers’ training and certifications, and their home office locations. The Client Services Manager should have the Authority to commit the necessary resources of the company. Also, the proposer should describe and demonstrate how each key individual will add the most value toward achieving the key objectives for implementing and providing professional services and is the best choice for GCDWR to meet this service contract. Tab D – Potential Project Understanding and Technical Approach GCDWR has developed a list of potential projects that the County may wish to incorporate into future control systems integration services task orders. All services will be per executed in accordance with GCDWR standards, and engineering drawing and specifications developed for each specific project task order. Please provide the following for each potential project task order: • Summarize and describe your understanding of the selected potential project(s) • Identify the key problems and technical issues to be anticipated, prevented and/or managed • Identify stakeholders affected by this problem • Indicate the proposed solution and list key benefits • Provide technical approach to show your value to GCDWR. The example should include use of Rockwell

Automation ControlLogix application software library and Wonderware HMI operator display(s) developed for control and monitoring of the process and support documentation associated with display development.

Potential project task orders are: 1. F. Wayne Hill Water Reclamation Facility (FWH) - North Chemical Process Area DCS Conversion to PLC

The FWH North Chemical Building control and automation system consists of a Rockwell Automation / Allen-Bradley PLC control panel connected to FWH’s Foxboro Distributed Control System (DCS). The PLC control panel was recently upgraded to the ControlLogix PLC platform including a replacement Operator Interface Terminal (OIT). The North Chemical PLC system controls the odor control system including chemical feed pumps, fans, with valves, pH and ORP monitoring. The Foxboro DCS monitors the odor control process through a data communications network connection to the PLC system. The existing Foxboro DCS directly monitors and controls other chemical feed, eye wash stations, sump pumps and abandoned lime system using Foxboro DCS process control hardware and a Foxboro DCS Human-Machine Interface (HMI) workstation located in the North Chemical Process Area. The Foxboro DCS communication network (connecting the North Chemical Building DCS hardware and PLC control panel to the existing FWH Operations Center and FWH DCS workstations located throughout the FWH facility) consists of a ‘multimode’ type fiber optic Foxboro DCS ‘mesh’ data network with (DCS dedicated) Ethernet ‘Edge’ and ‘Root’ type network data switches. The County recently installed ‘single-mode’ type fiber optic cabling to replace the existing ‘multimode’ type fiber optic cabling between the DCS Ethernet network data switches.

This project will require replacement of the North Chemical Process Area Foxboro DCS hardware and DCS HMI with additional ControlLogix PLC’s control cabinet(s) and a North Chemical Process Area Wonderware-based HMI workstation. The North Chemical Process Area DCS replacement PLC system will comply with P&IDs, control narratives, and GCDWR Integration Standards and seamlessly integrate with the existing ControlLogix PLC control panel. Data communications for monitoring and control of North Chemical Process Area PLC’s shall be established over the new fiber-optic cabling data network to a new Schneider Electric Wonderware (System Platform-based) SCADA host computer system located in FWH’s Operations Center and new Wonderware-based remote HMI workstations.

System integration and commissioning of the DCS replacement PLC system shall not impact ongoing FWH operations throughout the duration of the project.

Control System Integration engineering services to implement the above references scope of supply to

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include but not limited to the following services:

• Verification / coordination of the design elements with GCDWR and GCDWR’s design engineer(s) • Conduct Field Investigation services • Conduct the preliminary and final control system integration design services • Provide engineering, installation and integration services • Include implementation of segmentation with SCADA networks (Business / SCADA / Process),

implementing Firewalls as required for segmented network • Include I/O Checks form field to termination cabinet to PLC • Implement DMZ zone • PLC Network must remain independent from existing Foxboro network and both systems must run in

parallel until final commission • Include Factory Acceptance Testing (FAT) and Site Acceptance Testing (SAT) including Functional test

and operational test • Provide commissioning, start-up, and training services

2. F. Wayne Hill Water Reclamation Facility (FWH) - Headworks DCS Conversion to PLC

The FWH Headworks control and automation system consists of a Foxboro Distributed Control System (DCS). The Foxboro DCS monitors and controls the screenings, grit removal, and primary clarification processes. Rotork ‘Pakscan’ Controllers directly monitor and control process Motor Operated Valves (MOVs) over a serial communications network via Modbus protocol and are integrated via serial communications to the Foxboro DCS for FWH remote monitoring and control functions. The Foxboro DCS communication network (connecting the Headworks Building DCS hardware to the existing FWH Operations Center and FWH DCS workstations located throughout the FWH facility) consists of a ‘multimode’ type fiber optic Foxboro DCS ‘mesh’ data network with (DCS dedicated) Ethernet ‘Edge’ and ‘Root’ type network data switches. The County recently installed ‘single-mode’ type fiber optic cabling to replace the existing ‘multimode’ type fiber optic cabling between the DCS Ethernet network data switches.

This project will require replacement of the DCS with a ControlLogix PLC system including necessary control cabinets, workstations, and integration with the existing Rotork Pakscan MOV control system. The FWH Headworks DCS replacement PLC system will comply with P&IDs, control narratives, and GCDWR Integration Standards and seamlessly integrate with the existing Rotork Pakscan MOV control system. Data communications for monitoring and control of Headworks Process Area PLC shall be established over the new fiber-optic cabling data network to a new Schneider Electric Wonderware (System Platform-based) SCADA host computer system located in FWH’s Operations Center and new Wonderware-based remote HMI workstations.

Control System Integration engineering services to implement the above references scope of supply to include but not limited to the following services:

• Verification / coordination of the design elements with GCDWR and GCDWR’s design engineer(s) • Conduct Field Investigation services • Conduct the preliminary and final control system integration design services • Provide engineering, installation and integration services • Include implementation of segmentation with SCADA networks (Business / SCADA / Process),

implementing Firewalls as required for segmented network • Include I/O Checks form field to termination cabinet to PLC • Implement DMZ zone and reconfiguration of Rotork Pakscan with upgrades implementing smaller sized

loops for easier trouble shooting • PLC Network must remain independent from existing Foxboro network and both systems must run in

parallel until final commission • Include Factory Acceptance Testing (FAT) and Site Acceptance Testing (SAT) including Functional test

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and operational test • Provide commissioning, start-up, and training services

3. F. Wayne Hill Water Reclamation Facility (FWH) - Phased Foxboro DCS Conversion to PLC

Overall automation and control of FWH wastewater treatment processes is provided by an existing Foxboro DCS. The FWH Foxboro DCS is integrated with multiple Rockwell Automation / Allen Bradley PLCs located throughout the facility, Rotork Pakscan Controllers, and other ancillary FWH systems such as HACH WIMS. The

Foxboro DCS communication network between Foxboro DCS hardware located within various FWH process areas to the FWH Operations Center and DCS workstations located throughout the FWH facility) consists of both ‘single-mode’ (recently installed by the County) and ‘multimode’ type fiber optic Foxboro DCS ‘mesh’ data network with (DCS dedicated) Ethernet ‘Edge’ and ‘Root’ type network data switches. Existing PLC to DCS communications is local within each FWH process area and no FWH facility-wide PLC data network exists.

This project will require replacement of the remaining Foxboro DCS process hardware located within various FWH process areas with Rockwell Automation / Allen-Bradley ControlLogix PLC’s deploying process control strategies provided to the Control System Integrator by GCDWR’s design engineers in a fashion analogous to scope of supply described for the North Chemical Building and Headworks area projects. All remaining FWH PLCs will be upgraded to Rockwell Automation / Allen-Bradley ControlLogix PLC platform with seamless integration to existing Rotork Pakscan MOV controllers. The new FWH PLC-based process control system will be integrated with a new Schneider Electric Wonderware (System Platform) SCADA system incorporating similar DCS redundancy functionality and latest control, monitoring, alarming and historian data collection capabilities in compliance and conformance with GCDWR’s HMI Standards and process control specifications. The phased implementation for project execution will be detailed and include both testing and commissioning schedules and suggested procedures for Maintenance of Plant Operations.

Control System Integration engineering services to implement the above references scope of supply to include but not limited to the following services:

• Verification / coordination of the design elements with GCDWR and GCDWR’s design engineer(s) • Conduct Field Investigation services • Conduct the preliminary and final control system integration design services • Provide engineering, installation and integration services • Include implementation of segmentation with SCADA networks (Business / SCADA / Process),

implementing Firewalls as required for segmented network • Include I/O Checks form field to termination cabinet to PLC • Implement DMZ zone and reconfiguration of Rotork Pakscan with upgrades implementing smaller

sized loops for easier trouble shooting • PLC Network must remain independent from existing Foxboro network and both systems must run

in parallel until final commission • Include Factory Acceptance Testing (FAT) and Site Acceptance Testing (SAT) including Functional test

and operational test • Provide commissioning, start-up, and training services

Tab E – Organizational Management Describe how the Firm will manage the Control Systems Integration services contract. Describe how the Firm will select the team members for different types of task order assignments, as well as how to coordinate the design team and how the design team will work and interact with GCDWR. Specifically address issues such as schedule management, cost control, scope management and communications. Describe the Firm’s in-house procedures for ensuring the quality, accuracy and integrity of its work. Provide clarity on Quality Assurance

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versus Quality Control. Describe the equipment, software, tools and technology, if any, that would be used or proposed for use on these integration services and indicate how these add value to GCDWR. Tab F – Resumes of Individuals Provide two (2) page maximum resumes of the Client Services Manager, Services Coordinator/Contract Manager, Project Managers, Subject Matter Experts and other key personnel, describing their qualifications and experience. The resumes should include education, registrations/certifications, professional affiliations, and the time of employment. Resumes should also include the address of the office where the individual is based, as well as a photo of the individual. Separate Envelope – Proposal Fee Schedule Complete Attachment 1 – Proposal Fee Schedule and enclose it in a separate and distinct envelope. One (1) unbound original and Five (5) exact bound copies should be submitted. The Control System Integration Firm shall be compensated on a direct reimbursement basis for certain work-related expenditures not covered by fees for system integrator services defined here, provided such expenditures are reasonable and approved in advance by the County. To be compensated, the Control System Integration Firm shall maintain accurate records and submit said records with their invoices. Reimbursable expenses typically are not considered the cost of doing day-to-day business and may include: • Expenses for out-of-town travel such as lodging, food, rental car, vehicle mileage, airline ticket. These

expenses shall be in line with the General Services Administration (GSA) per diem rates. • Items not listed shall be reviewed on a case-by-case basis and shall require approval in advance by the

County. In no case shall the maximum rate of compensation exceed two hundred forty dollars ($240) per hour. Anyone with more than two hundred forty dollars ($240) per hour billing rate must be pre-approved by the County. Reimbursable expenses shall be identified on a direct cost basis with no mark-ups allowed for the Firm. VI. Proposal Evaluation Criteria

The proposals will be reviewed by a selection team composed of County personnel. During the first phase of the evaluation, the Selection Team will have access to all proposal materials except the separately sealed envelope with hourly rates. Table 1 is a list of the criteria that will be used in the evaluation of the proposals and their relative weights shown as point values (Maximum total = 100 not including the optional presentation). The selection team will use these criteria to select the Firm.

Table 1

Criteria Tabs Points Phase I 1. Firm’s identification and qualification A 10 2. Firm’s experience on similar types of potential projects B 20

3. Availability, experience, location and qualification of key staff C, F 20

4. Demonstration of potential project understanding and technical approach

D 20

5. Project execution and organizational management E 10 Sub-Total 80

Phase II

6. Proposal Fee Schedule Separate Envelope

20

Total 100 Optional Interview/Presentation

20

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Basis of Short-Listing / Selection GCDWR will select the highest scoring firms that best demonstrate that they would add the most value toward achieving the key objectives for implementing and providing professional services for the Control Systems Integration services annual contract. Gwinnett County’s selection teams will review proposals using a three-part process as follows: Part I – Initially, proposals will be evaluated based on their relative responsiveness to the criteria described in

Tabs A-H and will be scored based on the point values as shown on Table 1 for items 1 through 5. Part II – Firms may be short-listed for further consideration. The Proposal Fee Schedules of the short-listed firms

from Part I will be opened, evaluated, and scored Part III – At GCDWR’s discretion or as deemed in GCDWR’s best interest, firms may be short-listed a second time

for an interview. At this time, GCDWR may request further information, explanations, clarifications, presentations, interviews and/or meetings with some or all of the remaining firms.

If interviews are necessary for selection, evaluation will be performed using a 0-20 point scoring system.

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FAILURE TO RETURN THIS PAGE AS YOUR FEE SCHEDULE MAY RESULT IN REJECTION.

ATTACHMENT 1 CONTROL SYSTEM INTEGRATOR SERVICES FEE

SCHEDULE

Item # Rate Description Proposed Hourly Rate

1A Senior Design Engineer Proposed Office Rate

1B ** Senior Design Engineer Proposed Field Rate

1C Lead Consultant Audited Overhead Rate (*Total Indirect Cost/Direct Cost)

2A PLC Programmer Proposed Office Rate

2B ** PLC Programmer Proposed Field Rate

2C PLC Programmer Audited Overhead Rate (*Total Indirect Cost/Direct Cost)

3A HMI Programmer Proposed Office Rate

3B ** HMI Programmer Proposed Field Rate

3C HMI Programmer Audited Overhead Rate (*Total Indirect Cost/Direct Cost)

4A Field Service Technician Proposed Office Rate

4B ** Field Service Technician Proposed Field Rate

4C Field Service Technician Audited Overhead Rate (*Total Indirect Cost/Direct Cost)

5A Training Service Technician Proposed Office Rate

5B ** Training Service Technician Proposed Field Rate

5C

Training Service Technician Audited Overhead Rate (*Total Indirect Cost/Direct Cost)

*Total Indirect Costs include fringe benefits and general overhead

** Proposed Field Rates mean the person will have more than one year full time located at the job site with the office supplies, office space, phone, desk, utilities provided by the County

Firm Name

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FAILURE TO RETURN THIS PAGE AS YOUR FEE SCHEDULE MAY RESULT IN REJECTION.

FIRM INFORMATION

Unless otherwise noted, quoted prices will remain firm for four (4) additional one (1) year periods.

• If a percentage decrease will be a part of this quote, please note this in the space provided together with an explanation.

1st renewal 2nd Renewal

3rd renewal 4th Renewal

• If a percentage increase will be a part of this quote, please note this in the space provided together with an explanation. 1st renewal 2nd Renewal

3rd renewal 4th Renewal

Certification of Non-Collusion in Quote Preparation Signature Date In compliance with the attached specifications, the undersigned offers and agrees, within ninety (90) days of the date of quote 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 quote schedule. By submission of this quote, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

Legal Business Name Federal Tax ID Complete Address Does your company currently have a location within Gwinnett County? Yes No Representative Signature Printed Name Telephone Number Email Address

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Gwinnett County, Georgia BID BOND

KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto Gwinnett County Board of Commissioners (Name of Obligee) 75 Langley Drive, Lawrenceville, Georgia 30046 (Address of Obligee) Thereinafter referred to as Obligee: in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted, to Gwinnett County, Georgia, a proposal for furnishing materials, labor, and equipment for: WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal. NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Gwinnett County, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Gwinnett County, Georgia, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Gwinnett County, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Gwinnett County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

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Gwinnett County, Georgia PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof. Signed, sealed and dated this day of , A.D., 20 . ATTEST:

(Principal)

(Principal Secretary)

By: (SEAL)

(Address)

(Witness as to Principal) (Address)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent (Address) (SEAL)

(Witness as to Surety) (Address) NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

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BOND # PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto Gwinnett County Board of Commissioners (Name of Obligee) 75 Langley Drive, Lawrenceville, Georgia 30046 (Address of Obligee) hereinafter called Obligee; for the use and protection of all subcontractors and all persons supplying labor, services, skill, tools, machinery, materials and/or equipment in the prosecution of the work provided for in the contract hereinafter referred to in the full and just sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum, will and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well, truly, and faithfully perform said Contract according to its terms, covenants, and conditions, and shall promptly pay all persons furnishing labor, materials services, skill, tools, machinery and/or equipment for use in the performance of said Contract, then this obligation shall be void; otherwise it shall remain in full force and effect. ALL persons who have furnished labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract shall have a direct right of action on this Bond, provided payment has not been made in full within ninety (90) days after the last day on which labor was performed, materials, services, skill, tools, machinery, and equipment furnished or the subcontract completed. PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder.

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PROVIDED, HOWEVER, that no suit or action shall be commenced hereunder by any person furnishing labor, materials, services, skill, tools, machinery, and/or equipment having a direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the Principal: Unless such person shall have given notice to the Principal within ninety (90) days after such person did, or performed the last of the work or labor, or furnished the last of the materials, services, skill, tools, machinery and/or equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, services, skill, tools, machinery and/or equipment were furnished, or for whom the work or labor was done or performed. Such a notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer, and a copy of such notice shall be delivered to the Obligee, to the person and at the address provided for in the Contract, within five (5) days of the mailing of the notice to the Principal. PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year after the acceptance of the public works covered by the Contract by the proper authorities. PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be construed as a bond in compliance with the requirements thereof.

[Signatures Next Page]

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ATTEST: (Principal)

(Principal Secretary)

By: (SEAL)

(Address)

(Witness as to Principal) (Address)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent (SEAL)

(Address) (Witness as to Surety) (Address)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must

appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

BONDING AGENT CONTACT INFO

Print Name

Company Name

E-Mail

Phone

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BOND # PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual)

hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Gwinnett County Board of Commissioners (Name of Obligee)

75 Langley Drive, Lawrenceville, Georgia 30046 (Address of Obligee) hereinafter referred to as Obligee, are held and firmly bound unto said Obligee and all persons doing work or furnishing skill, tools, machinery, supplies, or material under or for the purpose of the Contract hereinafter referred to, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well, truly, fully and faithfully perform said contract according to its terms, covenants, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder. PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be construed as a bond in compliance with the requirements thereof.

(Signatures Next Page)

SAMPLE

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ATTEST: (Principal)

(Principal Secretary)

By: (SEAL)

(Address)

(Witness as to Principal) (Address)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent (SEAL)

(Address) (Witness as to Surety) (Address)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

BONDING AGENT CONTACT INFO

Print Name

Company Name

E-Mail

Phone

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PROFESSIONAL SERVICES INSURANCE REQUIREMENTS 1. Statutory Workers' Compensation Insurance

(a) Employers Liability: Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage (b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate

endorsement covering Completed Operations) Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage (b) Comprehensive form covering all owned, nonowned, leased, hired, and borrowed vehicles (c) Additional Insured Endorsement (d) Contractual Liability

4. Professional Liability Insurance - $5,000,000 (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.

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)

Coverage which meets or exceeds the minimum requirements shall be maintained, purchased annually, in full force and effect until three (3) years past completion of the entire construction phase unless such coverage becomes unavailable in the market on a commercially reasonable basis, in which case the ENGINEER shall notify the Insurance Manager. If the Director of the Department for which the ENGINEER is doing the work and the Insurance Manager both agree that such coverage is not commercially reasonably available (such agreement not to be unreasonable upheld, the ENGINEER may for the period such coverage is not commercially reasonably available, elect not to provide such coverage.

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

policies. 6. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation. 7. Certificate Holder should read:

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

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain

Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-10 or better.

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

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*See above note regarding Professional Liability 10. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and

project/bid number. 11. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the

insurance company (ies) if requested by the County to verify the compliance with these insurance requirements. 12. All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by

the County. 13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with

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

14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements

contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

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

officials, employees, and volunteers from losses arising from work performed by the contractor for the County. 16. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies,

and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

17. The Contractor shall make available to the County, through its records or records of their insurer, information regarding a

specific claim related to any County project. Any loss run information available from the contractor or their insurer relating to a County project will be made available to the county upon their request.

18. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not

relieve the Contractor and all Subcontractors of their liability provisions of the Contract. 19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-

956, and any other laws that may apply to this Contract. 20. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

Surety Bonds (If Required) All of the surety requirements will stay the same except the Surety Company must have the same rating as item 8 above.

Rev. 06/11

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***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 ANNUAL PROFESSIONAL SERVICES AGREEMENT

STATE OF GEORGIA } }

COUNTY OF GWINNETT}

THIS AGREEMENT, made and entered into as of the day of , 2017, by and between Gwinnett

County, Georgia, a political subdivision of the State of Georgia with address at Justice and Administration Center, 75

Langley Drive, Lawrenceville, Georgia 30045-6900 (hereinafter referred to as the COUNTY), and,

(hereinafter referred to as the FIRM).

W I T N E S S E T H T H A T:

WHEREAS, the COUNTY desires to engage a qualified and experienced FIRM to provide professional

services for Control Systems Integration Services related to the activities and programs for which the

DEPARTMENT OF WATER RESOURCES (hereinafter referred to as the DEPARTMENT) has responsibility, and

WHEREAS, the FIRM represented to the COUNTY that it is experienced and qualified to perform those

services and the COUNTY has relied upon such representation.

NOW THEREFORE, the COUNTY and the FIRM, in consideration of the promises and mutual obligations

contained herein and under the conditions herein set forth, do agree as follows:

The above Recitals are true, correct and form a material part of this Agreement.

SECTION 1 - EMPLOYMENT OF FIRM

The COUNTY hereby engages the FIRM to perform, and the FIRM hereby agrees to perform the

services hereinafter set forth.

SECTION 2 - SCOPE OF SERVICES

2.1 The FIRM, upon the written authorization to proceed from the Director of the DEPARTMENT, agrees

to perform such services as described in EXHIBIT A. The scope of each work authorizations shall be

determined by the DEPARTMENT with assistance from the FIRM.

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2.2 Each specific work authorization to be performed under this Agreement shall be specifically defined

and its cost presented as a not-to-exceed total. The specific work task to be performed shall be set

forth in the letter of work authorization. The not-to-exceed fee amount will be determined in

accordance with the fee schedule described in EXHIBIT B.

SECTION 3 - PERIOD OF SERVICES

3.1 The completion schedule for each phase or work task of the project shall be mutually agreed to by the

DEPARTMENT and the FIRM prior to written authorization to proceed. The FIRM shall recognize

that time is of the essence.

3.2 The effective date of this Agreement shall be the date said Agreement is signed by the Chairman of the

Gwinnett County Board of Commissioners. The term of this Agreement shall be twelve months from

the effective date of this Agreement at which time it shall terminate with no further obligation of the

COUNTY, unless renewed as provided herein.

This Agreement is renewable for up to one additional one-year period provided that both parties are

willing to renew and upon approval by the Gwinnett County Board of Commissioners.

The County's total obligation under this Agreement during the base year shall not exceed $1,000,000.00.

The County's total obligation under this Agreement during each of the renewal years shall not exceed

$1,000,000.00.

This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise

unobligated funds or other revenues are no longer available to satisfy the obligations of the COUNTY

under this Agreement.

SECTION 4 - SERVICES PROVIDED BY THE COUNTY

It is agreed and understood that certain services, if required, will be performed and furnished by the

DEPARTMENT in a timely manner so as not to delay the FIRM unduly in his performance of said

obligations. The services shall include the following:

Information to the FIRM: Providing to the FIRM all criteria, standards and full information as to

the DEPARTMENT'S requirements for the project including pertinent data from other consultants

working on similar projects, if applicable.

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DEPARTMENT Staff Responding to FIRM Expeditiously: Examining all studies, reports,

sketches, drawings, specifications, proposals and other documents presented by FIRM, obtaining

advice of an attorney, insurance counselor and other consultants as DEPARTMENT deems appropriate

for such examination and rendering written decisions pertaining thereto within a reasonable time so as

not to delay the services of the FIRM.

4.1 DEPARTMENT Staff Giving Notice of Problems: Giving prompt written notice to the FIRM

whenever the DEPARTMENT observes or otherwise becomes aware of any defect in the project or

changed circumstances.

4.2 Access to Property: Upon request by the FIRM, guaranteeing access to and making necessary

provisions for the FIRM to enter upon public and private property as required for the FIRM to perform

his services under this AGREEMENT.

SECTION 5 - COMPENSATION FOR CONTROL SYSTEM INTEGRATION SERVICES

5.1 For each specific work authorized under Section 2 above, the DEPARTMENT shall pay the FIRM on

the basis of actual time worked on the project, times the hourly rates for the particular categories of

personnel working on the project. The FIRM shall not perform work on any phase or task of the

project that will result in costs that will exceed the estimated budget specified for such work

authorization without the written consent of the DEPARTMENT.

5.2 All invoices submitted by the FIRM shall be detailed to reflect hours per task by personnel category at

the billing rates as referenced in EXHIBIT B attached hereto and made a part hereof by reference. The

billing rates shall include all other direct charges. There shall be no lump sum billing for any work

performed.

5.3 There will be no payments for overtime billing. Overtime may be performed at the discretion of the

FIRM but the premium time portion of the overtime will not be billed.

5.4 The FIRM shall bill for its services on a monthly basis for work completed in accordance with Section

5.1 for each work authorization. Requests for payment shall be submitted in the form required by the

DEPARTMENT. It is agreed that monthly progress payments for fees earned under this Agreement

are due and payable to the FIRM within thirty (30) working days of submission by the FIRM of

invoices approved by the DEPARTMENT. If the DEPARTMENT objects to all or any portion of an

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invoice, the DEPARTMENT shall so notify the FIRM within thirty (30) working days after receipt of

invoice, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in

dispute. Payment will be made in the amount of sums earned less previous partial payments. For

the purposes of this Section 5.4, “working day” shall mean any day other than Saturday, Sunday, any

legal holiday or any day where the DEPARTMENT may be closed to business for the public due to an

emergency.

5.5 Final Payment: Upon completion by the FIRM of the work, including the receipt of any final written

submission of the FIRM and the approval thereof by the authorized DEPARTMENT representative,

the DEPARTMENT will pay the FIRM all amounts earned. The COUNTY incurs no obligation to pay

the FIRM for 100 percent of the not-to-exceed amount. Payment will only be made for the amounts

earned. The DEPARTMENT will notify the FIRM when final payment is made.

The FIRM agrees that acceptance of final payment shall be in full and final settlement of all claims

arising against the COUNTY for work done, materials furnished, costs incurred, or otherwise arising

out of this Agreement and shall release the COUNTY from any and all further claims of whatever

nature, whether known or unknown for and on account of said Agreement, and for any and all work

done, and labor and materials furnished, in connection with same.

If the COUNTY fails to make any payment due the FIRM for services and expenses within sixty (60)

days after receipt of the FIRM's bill, the FIRM may, after giving seven (7) days written notice to

COUNTY, suspend services under this Agreement until it has been paid in full all amounts due it for

services and expenses.

5.6 In the event of termination by the DEPARTMENT or the COUNTY upon the completion of any phase

or part thereof the basic services, progress payments due the FIRM for services rendered through such

phase or part thereof shall constitute a total payment of such services. In the event of such termination

by the DEPARTMENT or the COUNTY during any phase of the basic services, the FIRM will be paid

for services rendered during that phase to date of termination.

SECTION 6 - GENERAL CONDITIONS

6.1 ACCURACY OF WORK

The FIRM shall be responsible for the accuracy of the work in accordance with the standards

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customarily provided by an experienced and competent professional organization rendering the same

or similar services and shall promptly correct its errors and omissions without additional

compensation.

6.2 TERMINATION OF AGREEMENT FOR CAUSE

If through any cause, the FIRM shall fail to fulfill in a timely and proper manner its obligations under

this Agreement, or if the FIRM 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 FIRM of such termination, and specifying the effective date thereof, at least five (5) 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

DEPARTMENT, shall constitute cause for termination. In such event, all finished or unfinished

documents, maps, data, studies, work papers and reports prepared by the FIRM under this Agreement

shall be promptly turned over to the DEPARTMENT, and the FIRM shall be entitled to receive just

and equitable compensation for any satisfactory work completed on such documents, as determined by

the DEPARTMENT.

6.3 TERMINATION FOR CONVENIENCE OF THE COUNTY

The COUNTY may terminate this Agreement for its convenience at any time by giving 30 days notice

in writing to the FIRM. If the Agreement is terminated by the COUNTY, the FIRM 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 FIRM 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 DEPARTMENT for processing and

payment. The COUNTY shall be the final authority in the event of any disputes over authorized costs.

6.4 INDEMNIFICATION

The FIRM agrees to indemnify, defend and save harmless the COUNTY and its respective agents,

officers, employees and directors from and against any and all liability, loss, damages, interests,

judgments and liens growing out of any and all costs and expenses (including but not limited to

reasonable attorney fees and disbursements) arising out of or incurred in connection with any and all

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claims, demands, suits, actions or proceedings which may be brought against the COUNTY by reason

of or as a result of (a) any negligent act(s) error(s) or omission(s) of the FIRM, its agents, officers,

employees or directors; and/or (b) any illegal labor practices or violations by the Firm of applicable

collective bargaining agreements, and/or (c) any alleged breach of contract by the FIRM with any

contractor or vendor in the performance of FIRM's services hereunder. The FIRM's obligation to

indemnify the COUNTY shall only be to the extent of the FIRM's culpability for the alleged claim.

6.5 INSURANCE

The FIRM shall, at all times that this Agreement is in effect, cause to be maintained in force and effect

an insurance policy(s) that will insure and indemnify both the COUNTY and the FIRM against

liability or financial loss resulting from injuries occurring to persons or property or occurring as a

result of any negligent acts, errors or omissions of the FIRM during the term of this Agreement. The

FIRM shall provide the COUNTY with the appropriate insurance limits as set forth in EXHIBIT C,

which is incorporated herein by reference.

6.6 SUBCONTRACTING

The FIRM shall not subcontract any part of the work covered by this Agreement or permit

subcontracted work to be further subcontracted without the Director of Water Resources’ prior written

approval.

6.7 VERBAL AGREEMENT OR CONVERSATION

No verbal agreement or conversation with any officer, agent, or employee of the DEPARTMENT or

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 FIRM to any additional payment whatsoever under the terms of this Agreement. All

changes to this Agreement shall be in writing.

6.8 INDEPENDENT COMPANY

The FIRM shall perform the services under this Agreement as an independent company 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 FIRM or any of its agents or employees

to be the agent, employee, or representative of the COUNTY.

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6.9 NOTICE

All notices that may be required by this Agreement shall be provided to the DEPARTMENT and to the

FIRM at the following address

DEPARTMENT FIRM Gwinnett County Department of Water Resources Attn: Albert R. Seibenhener, Director 684 Winder Highway Lawrenceville, Georgia 30045 Phone: (678) 376-6700

All notices that may be required or provided hereunder shall be in writing and may be delivered by

U.S. Mail or by private courier service. No electronic, facsimile or oral notice shall be effective to

meet the requirements of this AGREEMENT.

6.10 CHANGE OF ADDRESS

Each party to this AGREEMENT within Thirty (30) days after the effective date of any change of the

addresses set forth in Paragraph 6.9 shall provide written notice of such change of address to the other

party.

6.11 SUCCESSORS AND ASSIGNS

The FIRM binds itself, its successors, executives, administrators and assigns to the COUNTY and to

the DEPARTMENT pursuant to the terms of this AGREEMENT.

The FIRM shall not assign, sublet, or transfer its interest in this AGREEMENT without the written

consent of the DEPARTMENT. Nothing herein will be construed as creating any personal liability on

the part of any officer or agent of any public body, which may be a party hereto.

6.12 NON WAIVER

Any failure by either party at any time, or from time to time, to enforce or require strict performance of

any of the terms and conditions of this AGREEMENT will not constitute a waiver of such terms and

conditions.

6.13 GOVERNING LAW

The provisions of this AGREEMENT will be construed in accordance with and governed by the laws

of the State of Georgia.

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6.14 VENUE

Venue to enforce this AGREEMENT shall lie solely in the Gwinnett Superior Court. Any and all

defenses to such Venue by FIRM, its successors and assigns are hereby waived.

6.15 ENTIRE AGREEMENT

This AGREEMENT constitutes the entire agreement among the Parties and supersedes all prior

negotiations, representations or agreements either oral or written, regarding the subject matter of this

AGREEMENT. There are no conditions, agreements or representations between the parties except

those expressed in this AGREEMENT. Except as otherwise expressly provided herein, this

AGREEMENT may not be altered, amended, repealed or otherwise extended except by duly executed

written instruments signed by each of the Parties.

6.16 MULTIPLE ORIGINALS

This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed to

be an original.

{SIGNATURES NEXT PAGE}

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IN WITNESS WHEREOF, the parties hereto acting through their duly authorized agents have caused this

Agreement to be signed, sealed and delivered.

Dated this day of , 201 .

FIRM:

BY:

ATTEST: Printed Name

(SEAL) Title

GWINNETT COUNTY BOARD OF ATTEST: COMMISSIONERS

(SEAL) BY: County Clerk Charlotte Nash, Chairman

APPROVED AS TO FORM: Gwinnett County Staff Attorney

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Solicitation Name & No. Control System Integration Services under the DWR SCADA Conversion Program on an Annual Contract, RP019-17 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 Gwinnett County Board of Commissioners 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 Gwinnett County Board of Commissioners, 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 Gwinnett County Board of Commissioners 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 ______________________, 201__ ____________________________________________ 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. 6.20.13

For Gwinnett County Use Only: Document ID #___________________ Issue Date:______________________ Initials: _________________________

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Bid # & Description RP019-17, Control System Integration Services under the DWR SCADA Conversion Program on an Annual Contract

CODE OF ETHICS AFFIDAVIT (THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION) In accordance with Section 60-33 of the Gwinnett County Code of Ordinances the undersigned bidder/proposer makes the following full and complete disclosure under oath, to the best of his/her knowledge, of the name(s) of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or with the bidder/proposer, its affiliates or its subcontractors:

1. (Company Submitting Bid/Proposal)

2. (Please check one box below) No information to disclose (complete only section 4 below) Disclosed information below (complete section 3 & section 4 below)

3. (if additional space is required, please attach list)

Gwinnett County Elected Official Name Gwinnett County Elected Official Name Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. Sworn to and subscribed before me this BY: day of , 20

Authorized Officer or Agent Signature Printed Name of Authorized Officer or Agent Notary Public Title of Authorized Officer or Agent of Contractor (seal)

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 60-33. The ordinance will be available to view in its’ entirety at www.gwinnettcounty.com

1.16.13

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GWINNETT COUNTY DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

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. With the exception of solicitations for the sale of real property, individuals, firms and businesses 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 other than 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. The Purchasing Director will review violations. 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. Solicitations for the sale of real property may allow for verbal or written communications with the appropriate Gwinnett County representative.

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 Act, 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 used, include Saturday, Sunday and holidays in the number).

III. EXPLANATION TO PROPOSERS

Any explanation desired by a proposer regarding the meaning or interpretation of the request for proposals, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all proposers before the close of the proposal. Any information given to a prospective proposer concerning a request for proposal will be furnished to all prospective proposers as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed proposers. The written proposal document supersedes any verbal or written communication between the parties. Receipt of addenda should be acknowledged in the proposal. It is the proposer’s responsibility to ensure that they have all applicable addenda prior to proposal submittal. This may be accomplished via contact with the assigned Procurement Agent prior to proposal submittal.

IV. SUBMISSION OF PROPOSALS A. Proposals shall be enclosed in a sealed package, addressed to the Gwinnett County Purchasing Office with the

name and address of the proposer, the date and hour of opening, and the request for proposal number on the face of the package. Telegraphic/faxed proposals will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to

the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized company representative.

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C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the proposer’s request and expense if testing does not destroy items.

D. Items offered must meet required specifications and must be of a quality that will adequately serve the use and

purpose for which intended.

E. Full identifications of each item proposed, including brand name, model, catalog number, etc. must be furnished to identify exactly what the proposer is offering. Manufacturer’s literature may be furnished.

F. The proposer must certify that items to be furnished are new and that the quality has not deteriorated so as to

impair its usefulness.

G. Unsigned proposals will not be considered except in cases where proposal is enclosed with other documents that have been signed. The County will determine this.

H. Gwinnett County is exempt from federal excise tax and Georgia sales tax with regard to goods and services

purchased directly by Gwinnett County. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

I. Information submitted by a proposer in the proposal process shall be subject to disclosure after proposal award in

accordance with the Georgia Open Records Act. V. WITHDRAWAL OF PROPOSAL DUE TO ERRORS

No proposer who is permitted to withdraw a proposal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was submitted. To withdraw a proposal after proposal opening, the supplier has up to forty-eight (48) hours to notify the Gwinnett County Purchasing Office of an obvious clerical error made in calculation of proposal. Withdrawal of bid bond for this reason must be done in writing. Suppliers who fail to request withdrawal of proposal by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid bond may not be withdrawn otherwise. Proposal withdrawal is not automatically granted and will be allowed solely at Gwinnett County’s discretion.

VI. TESTING AND INSPECTION

Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of the tests are determined. Cost of inspections and tests of any item that fails to meet the specifications shall be borne by the proposer.

VII. F.O.B. POINT

Unless otherwise stated in the request for proposal and any resulting contract, or unless qualified by the proposer, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS

(IF REQUIRED, FORMS WILL BE PROVIDED IN THIS DOCUMENT) A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond must be furnished to Gwinnett County for any proposal as required in the proposal package or document.

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Failure to submit a bid bond with the proper rating will result in the proposal being deemed non-responsive. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper an A.M. Best rating as stated in the proposal when required in the proposal package or document.

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in award of proposal. Offers of discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is deemed to be made for the purpose of earning the discount, on the date of the County check.

XI. AWARD

A. Award will be made to the highest scoring responsive and responsible proposer according to the criteria stated in the proposal documents. The County may make such investigations as it deems necessary to determine the ability of the proposer to perform, and the proposer shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the County that such proposer is properly qualified to carry out the obligations of the contract.

B. The County reserves the right to reject or accept any or all proposals and to waive technicalities, informalities and minor irregularities in the proposals received.

C. The County reserves the right to make an award as deemed in its best interest, which may include awarding a proposal to a single proposer or multiple proposers; or to award the whole proposal, only part of the proposal, or none of the proposal to single or multiple proposers, based on its sole discretion of its best interest.

D. In the event scores rounded to the nearest whole number result in a tie score, the award will be based on lowest cost.

E. In the event that negotiations with the highest ranked firm are unsuccessful the County may then negotiate with the second ranked firm and so on until a satisfactory agreement has been reached.

XII. DELIVERY FAILURES

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacements of rejected articles/ services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.

XIII. COUNTY FURNISHED PROPERTY The County will furnish no material, labor or facilities unless so provided in the RFP.

XIV. REJECTION OF PROPOSALS

Failure to observe any of the instructions or conditions in this request for proposal shall constitute grounds for rejection of proposal.

XV. CONTRACT

Each proposal is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the proposer and the County which shall bind the proposer on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted proposal. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered. Upon receipt of a proposal containing a Gwinnett County “Sample Contract” as part of the requirements, it is understood

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that the proposer has reviewed the documents with the understanding that Gwinnett County requires that all agreements between the parties must be entered into via these documents. If any exceptions are taken to any part, each exception must be stated in detail and submitted as part of the proposal document. If no exceptions are stated, it is assumed that the proposer fully agrees to the “Sample Contract” in its entirety.

When the contractor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. In the event that Gwinnett County fails to pay the contractor within sixty (60) days of receipt of a pay request based upon work completed or service provided pursuant to the contract, the County shall pay the contractor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The contractor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

XVI. NON-COLLUSION Proposer declares that the proposal is not made in connection with any other proposer submitting a proposal for the same commodity or commodities, and that the proposal is bona fide and is in all respects fair and without collusion or fraud. Each proposer, if included in proposal documents, shall execute an affidavit of non-collusion. Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XVII. DEFAULT The contract may be canceled or annulled by the Purchasing Director in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms. An award may be made to the next highest rated responsive and responsible proposer, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on his proposal, unless extended in writing by the Purchasing Director, shall constitute contract default.

XVIII. TERMINATION FOR CAUSE The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the County’s rights or remedies by law.

XIX. TERMINATION FOR CONVENIENCE The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

XX. DISPUTES Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Director who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Purchasing Director shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

XXI. SUBSTITUTIONS:

Proposers offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their proposal. The absence of such a substitution list shall indicate that the proposer has taken no exception to the specifications contained therein.

XXII. INELIGIBLE PROPOSERS The County may choose not to accept the proposal of one who is in default on the payment of taxes, licenses or other

monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in removal from the list under that commodity.

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XXIII. OCCUPATION TAX CERTIFICATE Each successful proposer shall provide evidence of a valid Gwinnett County occupation tax certificate if the proposer maintains an office within the unincorporated area of Gwinnett County. Incorporated, out of County and out of State proposers are required to provide evidence of a certificate to do business in any town, County or municipality in the State of Georgia, or as otherwise required by County ordinance or resolution.

XXIV. PURCHASING POLICY AND REVIEW COMMITTEE: The Purchasing Policy and Review Committee has been established to review purchasing procedures and make recommendations for changes; resolve problems regarding the purchasing process; make recommendations for standardization of commodities, schedule buying, qualified products list, annual contracts, supplier performance (Ineligible Source List) and other problems or requirements related to Purchasing. The Purchasing Policy and Review Committee have authority to place suppliers and contractors on the Ineligible Source List for reasons listed in the Gwinnett County Purchasing Ordinance.

XXV. AMERICANS WITH DISABILITIES ACT: All contractors for Gwinnett County are required to comply with all applicable sections of the Americans with Disabilities Act (ADA) as an equal opportunity employer. In compliance with the Americans with Disabilities Act (ADA), Gwinnett County provides reasonable accommodations to permit a qualified applicant with a disability to enjoy the privileges of employment equal to those employees without disabilities. Disabled individuals must satisfy job requirements for education background, employment experience, and must be able to perform those tasks that are essential to the job with or without reasonable accommodations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County should be directed to Michael Plonowski, Human Relations Coordinator, 75 Langley Drive, Lawrenceville, Georgia 30046, 770-822-8015.

XXVI. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS:

Alterations of County documents are strictly prohibited and will result in automatic disqualification of the firm’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may make notes to those areas, but may not materially alter any document language.

XXVII. TAX LIABILITY:

Local and state governmental entities must notify contractors of their use tax liability on public works projects. Under Georgia law, private contractors are responsible for paying a use tax equal to the sales tax rate on material and equipment purchased under a governmental exemption that is incorporated into a government construction project: excluding material and equipment provided for the installation, repair, or expansion of a public water, gas or sewer system when the property is installed for general distribution purposes. To the extent the tangible personal property maintains its character (for example the installation of a kitchen stove), it remains tax-exempt. However, if the installation incorporates the tangible personal property into realty, e.g., the installation of sheetrock, it becomes taxable to the private contractor. See O.C.G.A. 48-8-3(2) and O.C.G.A. 48-8-63

XXVIII. STATE LAW REGARDING WORKER VERIFICATION

Effective July 1, 2013 State Law requires that all who enter into a contract 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) for the County, must satisfy the Illegal Immigration Reform and Enforcement Act, in all manner, and such are conditions of the contract.

The Purchasing Division Director with the assistance of the Performance Analysis Division shall be authorized to conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform and Enforcement Act and the rules and regulations of the Georgia Department of Labor. The contractor and subcontractors shall retain all documents and records of its compliance for a period of five (5) years following completion of the contract. This requirement shall apply to all contracts for all labor or service contracts 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. Whenever it appears that a contractor’s or subcontractor’s records are not sufficient to verify the work eligibility of any individual in the employ of such contractor or subcontractor, the Purchasing Director shall report same to the Department of Homeland Security and may result in termination of the contract if it is determined at any time during the work that the contractor/or subcontractor is no longer in compliance with the Illegal Immigration Reform and Enforcement Act.

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XXIX. SOLID WASTE ORDINANCE No individual, partnership, corporation or other entity shall engage in solid waste handling except in such a manner as to conform to and comply with the current Gwinnett County Solid Waste Ordinance and all other applicable local, state and federal legislation, rules, regulation and orders.

XXX. GENERAL CONTRACTORS LICENSE Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law (O.C.G.A. Section 43-41-17).

XXXI. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, satisfy all judgments, and hold harmless the County, the engineer, and their agents and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless whether such claim is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any of the rights or obligations of indemnity which would otherwise exist as to any party or person described in this agreement. In any and all claims against the County, the engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation contained herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Worker's Compensation Acts, disability benefit acts, or other employee benefit acts.

XXXII. CODE OF ETHICS: “Proposer/Bidder” shall disclose under oath the name of all elected officials whom it employs or who have a direct or indirect pecuniary interest in the business entity, its affiliates, or its subcontractors. The “Proposer/Bidder” shall execute a Code of Ethics affidavit. Failure to submit the affidavit during the bid or proposal process shall render the bid or proposal non-responsive.

The act of submitting false information or omitting material information shall be referred to the Purchasing Policy & Review Committee for action pursuant to the Purchasing Ordinance or to the District Attorney for possible criminal prosecution.

Any business entity holding a contract with Gwinnett County that subsequent to execution of the contract or issuance of the purchase order employs, subcontracts with, or transfers a direct or indirect pecuniary interest in the business entity to an elected official shall within five (5) days disclose such fact in writing under oath to the Clerk of the Board of Commissioners. Failure to comply shall be referred to the Purchasing Policy & Review Committee for action pursuant to the Purchasing Ordinance or to the District Attorney for possible criminal prosecution.

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 60-33. The ordinance will be available to view in its entirety at www.gwinnettcounty.com

XXXIII. PENDING LITIGATION:

A proposal submitted by an individual, firm or business who has litigation pending against the County, or anyone representing a firm or business in litigation against the County, not arising out of the procurement process, will be disqualified.

XXXIV. ELECTRONIC PAYMENT

Vendors accepting procurements should select one of Gwinnett County’s electronic payment options. A. A vendor may select ePayables payment process which allows acceptance of Gwinnett County’s virtual credit card as

payment for outstanding invoices. The authorized vendor representative must send an email to: [email protected] and indicate the desire to enroll in Gwinnett County’s virtual credit card payment process.

B. A vendor may select Direct Deposit payment process and the payment will be deposited directly into an account at their designated financial institution. To securely enroll in Direct Deposit, either access your online Vendor Login and

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Registration on the County’s web site and update the requested information on the Direct Deposit tab or mail a Direct Deposit Authorization Agreement form.

The County will send a Payment Advice notification via email for both payment types. For more information about Electronic Payments, please go to the Treasury Division page on the County’s Web Site or click here -> Gwinnett County Electronic Payments.

DIRECTIONS TO GJAC BUILDING FROM I-85 Take I-85 north to Georgia Highway 316 (Lawrenceville/Athens exit). Exit Highway 120 (Lawrenceville/Duluth exit) and turn right. At sixth traffic light, turn right onto Langley Drive. Cross Highway 29 through the traffic light to the 4-way stop sign. The public parking lot is on the left. The Purchasing Division is located in the Administrative Wing-2ND Floor.

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FAILURE TO RETURN THIS PAGE MAY RESULT IN REMOVAL OF YOUR COMPANY FROM COMMODITY LISTING. Buyer Initials: SM

IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE BY CHECKING ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN. Do not offer this product or service; remove us from your bidder's list for this item only. Specifications too "tight"; geared toward one brand or manufacturer only. Specifications are unclear. Unable to meet specifications Unable to meet bond requirements Unable to meet insurance requirements Our schedule would not permit us to perform. Insufficient time to respond. Other

COMPANY NAME AUTHORIZED REPRESENTATIVE SIGNATURE

REV. 12.28.06