RP009_26Inv.pdf

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RQ009-26 Design Management and Production Services (Request for Qualifications)
Solicitation number
PE-66751-NONST-2027-000000100
Issued by
Gwinnett County, Georgia

About this file

RQ009-26 Design Management and Production Services – Request for Qualifications

This Request for Qualifications (RFQ) is issued by the City of Lawrenceville, Georgia, seeking qualified marketing and graphic design firms to provide Design Management and Production Services on an annual contract basis in support of the City's Office of Communications and Marketing. The services encompass creative and production support including literature development, print material design, logo and brand asset development, web graphics, copywriting, photography selection, strategic campaign development, advertising management, programmatic digital campaigns, and specialized departmental projects. The City intends to establish a Qualified Vendor Pool that may include a primary full-service design partner and one or more on-call graphic design support firms. This two-phase procurement process requires firms to submit a Statement of Qualifications by 2:00 P.M. on Thursday, August 6, 2026, at 70 S. Clayton Street, Room M46A, Lawrenceville, Georgia 30046. Only pre-qualified firms will be invited to participate in a subsequent Request for Proposals phase. Submissions must include one unbound original, two bound copies, and one PDF electronic copy. Questions must be submitted in writing to Kenneth Morris, Purchasing Director, at purchasing@lawrencevillega.org no later than 3:00 P.M. on Thursday, July 23, 2026. The contract term is one year with four renewal options based on satisfactory performance reviews.

Compensation will be determined through negotiation and may utilize various contract structures, including monthly retainers (typically 20-40 hours per month) supplemented by project-based or task-based assignments, with no guaranteed minimum hours or projects. Evaluation criteria include Firm Experience and Qualifications (30 points), Portfolio and Relevant Project Experience (25 points), Team and Capacity (20 points), Approach and Understanding of Services (15 points), and Alignment with City Needs and Service Category Fit (10 points), totaling 100 points. All service providers must meet professional liability insurance requirements of $1,000,000 per claim/aggregate with insurance companies authorized to do business in Georgia and holding an A.M. Best rating of A-5 or higher. The City reserves the right to reject any proposals, award to multiple firms, make partial awards, establish a vendor pool, or cancel the solicitation. Contractors must comply with Georgia's Illegal Immigration Reform and Enforcement Act (O.C.G.A. 13-10-91) through E-Verify participation and provide notarized affidavits confirming compliance. The City may terminate the contract for cause with ten days' notice or for convenience with thirty days' notice.

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July 8,2026 REQUEST FOR QUALIFICATIONS Design Management and Production Services

RQ009-26

The City of Lawrenceville is soliciting Statements of Qualifications from qualified marketing firms to provide Design Management and Production Services on an annual contract in support of the Lawrenceville Office of Communications and Marketing. Contracts will be for a one (1) year period with four (4) renewal options based on regular satisfactory performance reviews.

The City intends to establish and maintain a Qualified Vendor Pool from which assignments may be made throughout the contract term. This may include a primary full-service design partner and one or more firms providing on-call graphic design and production support. Firms may be considered for one or both roles based on size (# of employees), qualifications, and demonstrated expertise.

This Request for Qualifications (RFQ) is the first phase of a two-step procurement process. Only firms determined to be pre-qualified through this RFQ will be invited to participate in a subsequent Request for Proposals (RFP) that will be graded by a city designated scoring committee.

Qualifications must be returned in a sealed container marked on the outside with the Request for Qualifications (RQ) number and Company Name. Proposals will be received until 2:00 P.M. local time on Thursday, August 6, 2026, at 70 S. Clayton Street, Main Level, Room M46A Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted.

Submissions will be publicly opened and only names of submitting firms will be read at 2:00 P.M. Submissions are legal and binding upon the bidder upon receipt. One (1) unbound original, two (2) bound copies, and one (1) PDF Electronic Copy should be submitted.

Questions regarding this RFQ shall be submitted in writing to Kenneth Morris, Purchasing Director, at purchasing@lawrencevillega.org no later than 3:00 PM on Thursday, July 23, 2026. Responses will be issued in writing as an addendum.

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

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

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

The City of Lawrenceville appreciates your interest in this opportunity.

Kenneth Morris Purchasing Director mailto:purchasing@lawrencevillega.org

INTRODUCTION

The City of Lawrenceville is located in Northeast Georgia, less than an hour north of Atlanta. The city government serves a rapidly growing population of nearly 30,000 and provides a host of local and state-funded services, including public safety, utilities, and courts.

This solicitation is being conducted as a two-phase Qualifications-Based Selection process for professional services for the purpose of establishing a Qualified Vendor Pool. Firms determined to be qualified may be invited to participate in a subsequent Best Value Request for Proposals or negotiations as determined by the Purchasing Director and designated scoring committee. The City will award contracts to multiple firms to support varying levels of service and project complexity, which may include a primary full-service design partner and one or more firms providing on-call graphic design and production support. The City may add or remove firms under established procedures.

The purpose of this Request for Qualifications (RFQ) is to identify and pre-qualify firms with the experience, capacity, and approach necessary to support the City’s communications and marketing efforts. Firms may be considered for multiple projects, assignments, and support tasks based on qualifications and demonstrated expertise.

CONTRACT STRUCTURE

This solicitation is administered pursuant to the City's Procurement Ordinance, Procurement Governance Manual, and applicable Standard Operating Procedures. The City anticipates utilizing a combination of contract structures to support ongoing communications and marketing needs, which may include a monthly retainer for certain services, supplemented by project-based or task-based assignments as required. All work will be assigned and managed by the Office of Communications and Marketing and may include both recurring services and project-based deliverables.

For firms engaged on a retainer basis, previous contracts have typically ranged between 20 and 40 hours per month, depending on workload and project needs. The City reserves the right to adjust workload, assign projects as needed, and is not obligated to guarantee a minimum number of hours or projects.

The City reserves the right to establish a pool of pre-qualified firms as a result of this solicitation to support different categories of work or varying levels of complexity.

The City anticipates utilizing a combination of firms, which may include a full-service design partner to support strategic and high-visibility initiatives, as well as one or more firms to provide on-call graphic design and production support. Work assignments will be determined based on the role of the selected firm and the specific needs of each project. Not all selected firms will be engaged under the same contract structure.

Selected firms may be engaged in different capacities depending on their role, and the scope and expectations of services may vary accordingly. Specific contract terms, including pricing and compensation structure, will be established in a subsequent phase or through negotiation with selected firms.

SCOPE OF SERVICES

All services under this contract shall be directed and coordinated through the City’s Office of Communications and Marketing. The selected firm shall not initiate or perform work directly for individual departments without coordination and approval from the Office of Communications and Marketing.

The City intends to establish and maintain a Qualified Vendor Pool from which assignments may be made throughout the contract term.. Proposers shall clearly identify the service categories and types of work for which they are best suited. Work may be assigned across firms based on the nature, complexity, and priority of each project. The city may add or remove firms under established procedures.

The following represents the general categories of services for which the City is seeking qualified firms. Specific tasks and deliverables will be assigned on an as-needed basis and may vary depending on project priorities.

Services will exclude event marketing materials but will encompass a range of tourism and City marketing services, including, but not limited to, the following:

1. Creative and Production Services (This category includes ongoing graphic design and production support.)

• Literature development and design as needs are identified

• Design and production of print materials, including coordination of printing and fulfillment

• Logo design and brand asset development

• Online design services, including web graphics, microsites, and related digital assets

• Design updates and refinement of existing materials

• Point of purchase and point of sale item design, including promotional products

• Copywriting and content development for marketing materials and websites

• Selection and thoughtful application of photography from City-provided assets, with careful consideration of composition, context, and overall visual impact

2. Strategic and Campaign Support (This category requires a higher level of strategic planning, campaign development, and coordination.)

• Collaboration with the Office of Communications and Marketing on advertising strategy and campaign development

• Management of advertising schedules and associated creative execution

• Management of programmatic digital campaigns with defined audiences and performance goals

• Collaboration on high-visibility and complex City initiatives, including but not limited to parking, sanitation services, and infrastructure projects

3. Special Projects and Departmental Support (Work in this category is assigned based on subject matter expertise or project-specific needs.)

• Collaboration with City departments on specialized projects, coordinated through the Office of Communications and Marketing

• Design and production of City-branded materials for use across multiple departments

• Project management of major annual print and design projects

4. General Services

• Other related marketing, design, and communications services as directed and coordinated through the Office of Communications and Marketing in support of City initiatives

• Design and production support for recurring City publications and reports, including but not limited to the Annual Budget Report

The items listed above are representative of the services currently supported by the Office of Communications and Marketing. As the City has grown, so has the need for marketing and communications materials supporting tourism, advertising, and customer-facing initiatives across utilities, elections, facilities, planning and zoning, code enforcement, and other City operations. Additional needs may arise across multiple departments for the design and production of City-branded materials. All such work will be coordinated through the Office of Communications and Marketing.

Previous contracts have included a combination of graphic design, marketing and strategy, and copywriting services, with varying levels of effort depending on project needs. The City places a strong emphasis on high-quality graphic design as a core component of this contract.

METHOD OF ASSIGNMENT

All work will be assigned through and managed by the Office of Communications and Marketing.

The City will assign projects at its discretion based on the specific needs of each project and what is considered Best Value to the City based on Article IX - Purchasing Ordinance determinations. Factors may include, but are not limited to, firm expertise, capacity, responsiveness, demonstrated performance, continuity, and the complexity or visibility of the work.

The City will maintain a Qualified Vendor Pool from which assignments may be made throughout the contract term. No minimum volume of work is guaranteed to any firm.

The City reserves the right to adjust assignments as needed to best support City priorities.

SUBMISSION REQUIREMENTS

Firms interested in providing services shall submit a Statement of Qualifications that includes the following:

a) Qualifications Cover Page (Attached)

b) Firm Qualifications A brief overview of the firm’s history, overall staff size, relevant strengths, qualifications, and experience. The summary should describe the services the firm is able to provide.

c) References Three – Five references from governmental, commercial, or institutional projects completed in the past four years. Include the name, title, address, phone number, and email address of a contact for each project.

d) Relevant Project Experience A brief description, with examples of work, of four recent projects completed for organizations. Include information regarding the size, type, and scope of each project. Digital links are encouraged.

e) Team and Capacity Identify key personnel who will be assigned to this contract, including roles, relevant experience, and availability.

Resumes may be attached to your proposal.

f) Approach and Understanding of Services Provide a brief description of the firm’s approach to managing ongoing communications and marketing work in a municipal environment, including coordination, responsiveness, and project management. Firms should demonstrate their ability to support the type of work associated with their proposed service category.

g) Service Category Identification Proposers shall indicate the service categories for which they are seeking consideration and describe their capacity to support those services. Proposers shall clearly identify whether they are seeking consideration as a full-service design partner, on-call design support, or both, and shall describe their experience, team structure, and capacity specific to each role.

h) Statement of Interest Provide a brief statement describing the firm’s interest in this engagement and how the firm would add value to the City.

From issuance through final award or cancellation, all communications regarding this solicitation shall be directed exclusively to the Purchasing Director or designated procurement contact. Unauthorized communications may result in disqualification.

EVALUATION CRITERIA

The City will evaluate firms based on overall qualifications as well as expertise within specific service categories.

Evaluation will consider each proposer’s alignment with the service category or role for which they are seeking consideration. Statements of Qualifications will be evaluated based on the following:

1. Firm Experience and Qualifications – 30 points

2. Portfolio and Relevant Project Experience – 25 points

3. Team and Capacity – 20 points

4. Approach and Understanding of Services – 15 points

5. Alignment with City Needs and Service Category Fit – 10 points

Total – 100 points

SELECTION PROCESS

The City will evaluate Statements of Qualifications based on the criteria outlined above. The City intends to invite firms to the RFP phase based on demonstrated alignment with one or more service categories. The City may request additional information, conduct reference checks, and invite one or more firms to participate in interviews or discussions.

Following evaluation, the City may identify one or more firms as pre-qualified. Only firms determined to be pre-qualified through this RFQ will be invited to participate in a subsequent Request for Proposals (RFP).

The City intends to establish and maintain a Qualified Vendor Pool from which assignments may be made throughout the contract term

Inclusion in the pre-qualified pool does not guarantee a contract award. City of Lawrenceville retains rights to reject any proposal that is not pursuant of Best Value to the City, waive informalities, request clarifications, request BAFO (if applicable), negotiate terms, award to multiple firms (as stated in RFQ), make partial awards, cancel solicitation, reissue solicitation, establish vendor pool, make no award.No City employee other than an authorized official may bind the City. Work performed without an executed contract or authorized purchase order is at the vendor's risk.

SUBMISSION INSTRUCTIONS

Statements of Qualifications must be submitted electronically to [INSERT EMAIL OR PORTAL] no later than [DATE AND TIME]. Submissions shall be provided in PDF format.

Late submissions will not be accepted. The City is not responsible for technical issues or delivery failures.

QUALIFICATIONS SUBMISSION COVER PAGE

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

In compliance with the attached specifications, the undersigned offers and agrees, if this proposal accepted by the City Council within one hundred twenty (120) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the Rate Schedule.

Legal Business Name _________________________________________________________

Federal Tax ID _____________________________________________

Address __________________________________________________

Representative Signature_____________________ Printed Name _________________

Telephone Number _________________________ Fax Number ________________

E-mail address _______________________________________________

• Number of Employees: _______

• Years in Business: _______

Briefly describe your firm's experience providing marketing, graphic design, communications, advertising, or related services. (Attach with other Submission Documents and Example Portfolio if additional Space is needed)

Indicate the service category(ies) for which your firm seeks consideration (check all that apply):

☐ Full-Service Design Partner ☐ On-Call Graphic Design Support ☐ Strategic Marketing & Campaign Support ☐ Print Production & Publication Design ☐ Copywriting & Content Development ☐ Other (Describe):_________________________________________

Certification

I certify that the information provided is true and accurate.

Authorized Representative: _________________________ Title: ___________________________________________ Signature: _______________________________________ Date: ___________________________________________

REV. 5.18.2015

RP009-26, Design Management and Production Services

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l) The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

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

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

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

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor Name of Public Employer

Street Address

City/State/Zip Code

Executed on _________, _____, 20_____ in _______________ (city), __________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 20______. NOTARY PUBLIC

My Commission Expires: ____________________

RP009-26

Termination for Cause: The City may terminate this agreement for cause upon ten (10) days prior written notice to the consultant’s default in the performance of any term of this agreement.

Such termination shall be without prejudice to any of the City’s rights or remedies by law.

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

Certification of Non-Collusion in Proposal Preparation

Signature Date

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

In compliance with the attached specifications, the undersigned offers and agrees, if this bid is accepted by the City Council within ninety (90) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the Bid Schedule.

Legal Business Name

Federal Tax ID

Address

Representative Signature

Printed Name

Telephone Number

E-mail address

Certification of Non-Collusion in Proposal Preparation

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

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

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

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

(b) The following additional coverage must apply:

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

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

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

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

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

5. City of Lawrenceville should be shown as an additional insured on General Liability and Auto Liability policies.

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

7. Certificate Holder should read:

City of Lawrenceville 70 S. Clayton St.

PO Box 2200 Lawrenceville, Georgia 30046

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

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

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

*See above note regarding Professional Liability

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

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

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

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

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

15. The Contractor shall agree to waive all rights of subrogation against the City of Lawrenceville, the Mayor, City Council members, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

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

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

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

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

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

Rev. 05/15

SAMPLE CONTRACT ANNUAL

CONSULTANT CONTRACT

Design management and Production Services on an Annual Contract

This CONTRACT made and entered into this day of , 20 by and between the City of Lawrenceville, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia (Party of the First Part, hereinafter called the City), and , (Party of the Second Part, hereinafter called the Consultant)

NOW THEREFORE, for and in consideration of the mutual promises and obligations contained herein and under the conditions hereinafter set forth, the parties do hereby agree as follows:

1. TERM:

This contract shall commence , for a one year period with four (4) options to renew for an additional one year period.

2. ATTACHMENTS:

Copies of the Consultant's proposal, including all drawings, specifications, price lists, Instructions to Bidders, General Conditions, Special Provisions, and Detailed Specifications submitted to the City during the Proposal process (hereinafter collectively referred to as the "Bid Proposal") are attached hereto (Exhibit A) and are specifically incorporated herein by reference. In the event of a conflict between the City's contract documents and the Bid Proposal, the City's contract documents shall control.

3. PERFORMANCE:

Consultant agrees to furnish all skill and labor of every description necessary to carry out and complete in good, firm and substantial, workmanlike manner, the work specified, in strict conformity with the Bid Proposal.

4. PRICE:

As full compensation for the performance of this Contract, the City shall pay the Consultant for the actual quantity of work performed. The fees for the work to be performed under this Contract shall be charged to the City in accordance with the rate schedule referenced in the Bid Proposal (Exhibit A) is the total obligation of the City pursuant to OCGA section 36-60-13 (a) (3). The City agrees to pay the Consultant following receipt by the City of a detailed invoice, reflecting the actual work performed by the Consultant.

5. INDEMNIFICATION AND HOLD HARMLESS:

CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its Mayor, City Council members, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, expenses, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT or other persons employed or utilized by the CONSULTANT in the performance of the contract. CONSULTANT's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

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

patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

6. TERMINATION FOR CAUSE:

The City may terminate this Contract for cause upon ten (10) days prior written notice to the Consultant of the Consultant's default in the performance of any term of this Contract. Such termination shall be without prejudice to any of the City's rights or remedies provided by law.

7. TERMINATION FOR CONVENIENCE:

The City may terminate this Contract for its convenience upon 30 days written notice to the Consultant. In the event of the City's termination of this Contract for convenience, the Consultant will be paid for those services actually performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Consultant, which shall itemize each element of performance.

8. CONTRACT NOT TO DISCRIMINATE:

During the performance of this Contract, the Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, or disability, which does not preclude the applicant or employee from performing the essential functions of the position. The Consultant will also, in all solicitations or advertisements for employees placed by qualified applicants, consider the same without regard to race, creed, color, sex, national origin, age, or disability which does not preclude the applicant from performing the essential functions of the job. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subconsultant, providing that the foregoing provisions shall not apply to contracts or subconsultants for standard commercial supplies of raw materials.

9. ASSIGNMENT:

The Consultant shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous consent of the City in writing.

10. WAIVER:

A waiver by either party of any breach of any provision, term, covenant, or condition of this Contract shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition.

11. SEVERABILITY:

The parties agree that each of the provisions included in this Contract is separate, distinct and severable from the other and remaining provisions of this Contract, and that the invalidity of any Contract provision shall not affect the validity of any other provision or provisions of this Contract.

12. GOVERNING LAW:

The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia. This Contract has been signed in Lawrenceville, Georgia.

13. MERGER CLAUSE:

The parties agree that the terms of this Contract include the entire Contract between the parties, and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this Contract.

(Signature Next Page)

LAWRENCEVILLE, GEORGIA

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

LAWRENCEVILLE, GEORGIA

By:

David Still, Mayor

City of Lawrenceville, Georgia

ATTEST:

Signature

Karen Pierce, City Clerk

City of Lawrenceville, Georgia

APPROVED AS TO FORM:

City of Lawrenceville Attorney

CONSULTANT:

BY:

Print Name

Title ATTEST:

Print Name Corporate Secretary

(Seal)

Article

GENERAL CONDITIONS

TO CONSULTANT AGREEMENT TABLE

OF CONTENTS

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the CITY

9 CONSULTANT to Cooperate with other Consultants

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Consultant

22 Notices

1. DEFINITIONS

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

1.1 CITY-means Lawrenceville, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia.

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

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

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

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

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

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

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

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

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

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

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

1.13 Liaison-Representative of the CITY who shall act as Liaison between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review of CONSULTANT's plans and work.

2. CONTRACT DOCUMENTS

2.1 List of Documents

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

2.2 Conflict and Precedence

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

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3. CHANGES AND EXTRA WORK

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

4. PERSONNEL AND EQUIPMENT

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

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

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

5. ACCURACY OF WORK

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

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

6. FINDINGS CONFIDENTIAL

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

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

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

7. TERMINATION OF AGREEMENT FOR CAUSE

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

8. TERMINATION FOR CONVENIENCE OF THE CITY

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

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

9. CONSULTANTS TO COOPERATE WITH OTHER CONSULTANTS

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

10. INDEMNIFICATION

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

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

11. COVENANT AGAINST CONTINGENT FEES

The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.

12. INSURANCE

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

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

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

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

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

13. PROHIBITED INTERESTS

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

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

14. SUBCONTRACTING

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

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

15. ASSIGNABILITY

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

16. EQUAL EMPLOYMENT OPPORTUNITY

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

17. ANTI-KICKBACK CLAUSE

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

18. AUDITS AND INSPECTORS

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

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

19. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE

All documents and materials prepared pursuant to this Agreement are the property of the CITY.

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