RP012_24 Inv.pdf

February 13, 2024

REQUEST FOR PROPOSAL

RP012-24

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified consultants to Provision of a Revised Gwinnett County Tree Ordinance for the Department of Planning and Development.

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 Thursday, March 7, 2024 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 3:00 P.M. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

A pre-proposal conference is scheduled for 10:00 A.M. on Tuesday, February 27, 2024 at the Gwinnett County Purchasing Division, inside the Dogwood Conference room, 75 Langley Dr, Lawrenceville, GA 30046. All consultants are urged to attend. Questions regarding proposals should be directed to Alexis Holland, Purchasing Associate at alexis.holland@gwinnettcounty.com or by calling 770-822-8741, no later than 3pm on Wednesday, February 28, 2024. Proposals are legal and binding upon the vendor when submitted. One unbound 8 ½” x 11” single sided marked “original”, five (5) exact copies minus the fee proposal, one (1) electronic copy on a flash drive (labeled Technical), one (1) hard copy and electronic copy of the cost proposal on a flash drive (labeled Financial) should be submitted. Cost Schedule should be submitted in a separate sealed envelope.

Successful consultant 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.

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

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

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

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

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

Alexis Holland Purchasing Associate II

The following pages should be returned as part of your proposal submittal:

Cost Schedule , Page 11 Consultant Information Page 12

References, Pages 13 Ethics Affidavit, Page 27 Contractor Affidavit, Page 28 http://www.gwinnettcounty.com/ mailto:alexis.holland@gwinnettcounty.com http://www.gwinnettcounty.com/

RP012-24 Page 2

Gwinnett County Buffer, Landscape and Tree Ordinance

I. PURPOSE

Trees are an essential part of the County’s infrastructure. The Gwinnett County Tree Ordinance has provided a solid foundation for the planting, preservation, and maintenance of trees since its adoption in 1987. To accommodate a 60% increase in the County’s population over the next 25 years, the protection of green space and trees is paramount as development continues. Retention, planting, and maintenance of our tree canopy is a high priority initiative. A sustainable approach is necessary and must be derived from analyzing data, both current and past, with specific goals and objectives to be established as a result of the process.

Gwinnett County is soliciting competitive sealed proposals from an individual, consultant, or team of consultants to assist in the development of cutting-edge tree and landscape regulations. Heavy emphasis should be placed on creating illustrative content through a progressive and sustainable approach taking into consideration the County’s population growth and growing land use diversity. With only an estimated 9% of County land undeveloped, Gwinnett is seeking to maximize opportunities for redevelopment and infill development. Progressive tree and landscape policies that result in regulations that recognize the unique needs and development trends of different areas of the County is essential to help maintain and grow Gwinnett’s tree canopy.

II. BACKGROUND INFORMATION

The Gwinnett County Tree Ordinance was adopted on June 23, 1987, and was later amended, retitled, and adopted as the Buffer, Landscape and Tree Ordinance on September 22, 1992. The ordinance was combined with the zoning ordinance and other development regulations into a Unified Development Ordinance (UDO) in 2014. An amendment to the UDO, including some limited revisions to the Buffer, Landscape and Tree Ordinance regulations was adopted by the County on September 26, 2023.

Gwinnett County is located thirty miles northeast of Atlanta and is one of the most ethnically diverse counties in the southeast boasting a nationally recognized park system. At 437 square miles and a population currently over 984,000 rising to an estimated 1.56 million by the year 2040, the County is experiencing a steady decline in tree canopy and seeking an ordinance that will champion our resources and incentivize redevelopment that grows the County’s tree canopy.

For more information on current regulations, growth and future land use, reference the links below:

UDO Amended September 26, 2023 Planning and Development - Gwinnett | Gwinnett County

Gwinnett County 2040 Unified Plan Executive Summary 2040 Unified Plan Executive Summary

Gwinnett County 2045 Unified Plan Webpage 2045 Unified Plan - Gwinnett | Gwinnett County

III. ORGANIZATION

General Expectations The consultant is required to carefully communicate and coordinate all aspects of work. The consultant is, at a minimum, responsible for preparing meeting agendas and minutes and distributing them to team members for all meetings referenced throughout this proposal. Meetings may be held virtually or in person depending on the best methods to convey information and obtain feedback, as determined by the County Project https://www.gwinnettcounty.com/web/gwinnett/departments/planningdevelopment https://www.gwinnettcounty.com/static/departments/planning/unified_plan/2040_Plan/ExecSummaryBrochure.pdf https://www.gwinnettcounty.com/web/gwinnett/departments/planningdevelopment/services/landuseplanning/2045unifiedplan

RP012-24 Page 3

Manager. The consultant team shall maintain a project status tracker at all times.

A project kickoff meeting with Gwinnett County Planning and Development staff shall occur within 30 days of contract execution to finalize the project scope, approach, and to answer any questions.

The following teams and committees will be established to guide the project:

Project Manager and Project Management Team (PMT) The Director of the Department of Planning and Development (“The Department”), or designee, shall serve as the County’s Project Manager (PM). Weekly updates shall be provided via email or over the phone to the Project Manager. A Project Management Team will be created by The Department, to include, at a minimum, the Director, Deputy Department Director, Development Division Director, Development Plan Review Manager, and Development Project Manager. This group shall meet on a biweekly basis throughout the process. The purpose of the PMT is to provide direction on the amendment preparation and approval process, community engagement, and preparation of deliverables.

Tree Ordinance Review Technical Committee (TORTC) A Tree Ordinance Review Technical Committee will be created by The Department in support of the project.

The TORTC shall include representatives from the Departments of Community Services, Transportation, and other internal County departments as determined by the Project Manager. The TORTC shall meet monthly throughout the amendment preparation and approval process. The purpose of the TORTC is to provide input on the analysis and research process, restructuring of the chapters, and preparation of deliverables.

Consultant Team In response to this proposal, the consultant should include a detailed overview of the team that will execute the project. The consultant is to provide background, qualifications, and experience of project team members.

It is the responsibility of the consultant to manage the project in its entirety under the general supervision of the County Project Manager.

Deliverables:

- Weekly Project Manager Progress Reports from consultant to the Project Manager.

- Bi-weekly PMT Agendas and Meeting Summaries from consultant to the Project Manager.

- Monthly TORTC Agendas and Meeting Summaries from consultant to the Project Manager.

IV. SCOPE OF SERVICES

Gwinnett County will issue one contract to complete the work described herein. The expected final product includes the following: 1). Tree canopy assessment; 2). Report of Findings and Recommendations; 3). Draft Amendments to the Unified Development Ordinance (UDO); 4.) Appendix of supporting documents. All content should be strongly supported by leading edge illustrative graphics and industry best practices.

The following minimum steps are required:

1. Conduct a tree canopy assessment and supporting documents. (See Task 1)

2. Develop and manage a comprehensive stakeholder and community engagement program. (See Task 2)

3. Complete a comprehensive analysis of the entire Unified Development Ordinance (UDO) to identify duplication and redundancy and to centralize tree and landscape code regulations. This includes examining details in the UDO Appendices and any regulations included by reference.

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4. Research tree and landscape regulations of other similar sized jurisdictions both regionally and nationally for comparison and contrast to Gwinnett County’s. Evaluate successful best practices and methods through comparative case studies. Research progressive approaches and sustainable best practices for trees and landscaping within spaces such as, but not limited to, public gathering places, parking lots, common areas, streetscapes, redevelopment sites, infill development sites, and stormwater management facilities.

5. Restructure Chapters 600, 610, 620, 630, and 640 of the UDO by consolidating into one Chapter 600 while assuring cross references to the green infrastructure details within the Gwinnett County Stormwater Management Manual; Countywide Trails Masterplan and Appendix of the UDO do not conflict, are aligned, and correct.

6. Create leading edge, innovative graphics and details that illustrate best practices from the concepts derived from the research, analysis, and evaluation listed above.

7. Prepare a written summary, and supporting documents to the UDO, that will be considered and adopted by the Gwinnett County Board of Commissioners.

The selected consultant shall provide services sufficient to accomplish the goals of each distinct task awarded under this overall project and present findings to staff in various formats appropriate to convey the ideas and results (written, graphically, electronically, audio, and video).

Task 1: Tree Canopy Assessment Prior to preparing the report of findings and recommendations and draft UDO Amendments a tree canopy assessment, as outlined below, must be completed. This process also includes the establishment of The County goals and expectations regarding tree canopy retention and future vegetative measures to promote tree canopy growth.

Phase 1:

Conduct a tree canopy assessment of unincorporated Gwinnett County that includes five types of land cover:

trees/forest/shrub; grass/meadows; impervious surfaces; bare soil; and open water. This should include measurements with comparisons of land cover by tax parcel district (ex: R1234), census tract, land use, zoning district, population density, and/or other means to accurately analyze tree canopy.

The assessment, at a minimum, shall establish the following:

1. Historical tree canopy percentage every five years beginning with 2005 (based on available data).

2. Current tree canopy percentage and location.

3. Projected rate of tree canopy loss at historical and current development rates.

4. Amount, location, and suitability of land currently available for the establishment of tree canopy.

Phase 2:

Document the benefits of sustaining and/or adding to the tree canopy long-term based on, but not limited to, the following minimum factors:

1. Socio-demographics;

2. Public health;

3. Economics;

4. Ecological; and

5. Stormwater.

Phase 3:

Provide an executive summary report that includes data, maps, and graphics, and establishes progressive, yet realistic, tree canopy goals and policies.

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At a minimum, the report should determine the following:

1. What should the future tree canopy percentage be overall and by specific geographic areas?

2. What policies should be considered to ensure equitable distribution of tree canopy?

3. What programs should the County establish for enhancement and maintenance of the tree canopy?

The results of the tree canopy assessment will allow the County to accomplish tree canopy goals that not only maintain current tree canopy levels but increase tree canopy levels in identified areas and assist with developing supportive policies. Once the tree canopy goals and policies are finalized and approved by the PMT, the consultant may move forward with the “Tasks” listed below.

Task 2: Stakeholder and Community Engagement Public participation, involvement, and community awareness is essential in developing a successful amendment. The consultant shall prepare informational material for all meetings and public workshops. The material will include but is not limited to flyers, handouts, storyboards, and PowerPoint presentations.

Coordination Meetings with Tree Advisory Committee The Tree Advisory Committee will be asked to review and comment on project deliverables throughout the completion of the project. The Committee is comprised of nine (9) members, four commission district appointees, one citizen-at-large, one registered forester, one, registered landscape architect, one Gwinnett County Clean and Beautiful representative, and one Development Advisory Committee representative. The consultant will prepare draft documents, presentations, interactive feedback tools, and summaries of these meetings.

Small Group Stakeholders The consultant should plan to manage at least 10 small group stakeholder meetings. Examples of stakeholder groups include Community Improvement Districts, Neighborhood Groups, Development Community, Development Advisory Committee, Business Owners, Planning Commission, and Sustainability Commission etc. The final list of stakeholder groups shall be developed and approved by the Project Management Team (PMT).

Other Public Engagement Activities The following list of other engagement activities is not exhaustive and should be considered the minimum required activities. Consultants are expected to propose creative, cutting-edge methods of engaging the community. The Board of Commissioners highly considers all public input in their decision-making process, so a thorough, effective public engagement program is required. At a minimum, the consultant should propose the following:

1. Survey: A survey shall be distributed and made available for completion online.

2. Project Website: The consultant team shall work with the Department of Communications to create a project website and create all content with information about the Amendment preparation and approval process and any other necessary information. A feedback tool will be incorporated into the page, and the consultant will be responsible for analyzing the feedback downloaded from the tool.

3. Workshops: At least three public meetings shall be in a workshop format with interactive sessions. The consultant is expected to develop creative, cutting-edge interactive sessions.

4. Individual Stakeholder Interviews: The consultant team should be prepared to interview up to 20 individual community stakeholders, including one-on-one interviews with the Chairwoman, District Commissioners, and County Administrator. Other stakeholders may include Department Directors, Community Leaders, etc., as determined by the PMT.

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5. Creative advertising: Efforts should be made to implement creative advertising of meetings and events to ensure maximum participation and to ensure participation from underrepresented individuals. The consultant team shall provide translation services at all events and of all written materials in the most spoken languages in the County, as determined necessary by the PMT.

6. Other: Submittals shall propose any additional or alternative public engagement methods that will be effective throughout the amendment preparation and approval process.

Board of Commissioners’ Briefing: The consultant will provide one progress update presentation at a Board of Commissioners’ Briefing.

Planning Commission Public Hearing: The consultant will attend up to one public hearing for proposed amendments to Title 2 and be available for questions.

Board of Commissioners’ Public Hearing: The consultant will attend one public hearing and be available for questions.

Prior to each meeting, the consultant team will arrange a meeting with the PMT to coordinate the content of the meetings. The County Project Manager, in coordination with the consultant, will send out agendas and associated documents. After each meeting, the consultant team will meet with PMT to review the input received and discuss how best to incorporate this input into the project.

Deliverables: The materials shall be provided at least one week prior to the scheduled activity. Items required as a result of a meeting such as meeting summaries, sign-in sheets, etc. must be provided no later than 7 days following the scheduled activity.

- Online Survey and Summary of Survey Results;

- Project Website in coordination with the Department of Communications;

- Community Workshop Agendas, Meeting Materials, Presentations, Comment Cards, Meeting

Summaries and Electronic Copies of any Resulting Sketches, Engagement Exercises, etc.;

- Presentation Materials for one Board of Commissioners’ Briefing;

- Presentation Materials for one Planning Commission Public Hearing;

- Presentation Materials for one Board of Commissioners’ Public Hearing;

- Stakeholder Interview Schedule, List of Questions and Summary of Findings for Groups and

Individuals;

- Public Meeting Agendas, Meeting Materials, Presentations, Meeting Summaries and Electronic

Copies of any Resulting Sketches, Engagement Exercises, etc.;

- Preliminary Reports and Project Updates as needed throughout the process.

Task 3: Research, Analysis, and Evaluation of Tree and Landscape Regulations The County expects the delivery of a cutting-edge and highly effective tree ordinance. This ordinance shall, at a minimum, be developed based on the following methods:

1. Research other similar sized jurisdictions both regionally and nationally for comparison and contrast to

Gwinnett County’s. This exercise should not only list comparisons it should be evaluated to identify successful outcomes and what didn’t work through comparative case studies.

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2. Research progressive approaches and sustainable best practices for tree and landscape regulations in jurisdictions experiencing urban growth who desire to incorporate trees and landscape into impervious areas.

3. Research infill development and redevelopment examples, what obstacles did jurisdictions face with this type of development when requiring trees and landscape and how did jurisdictions overcome the issues?

4. Research successful methods for existing tree preservation; evaluate what practices have been required to both maintain existing trees and provide incentives for development; and which practices were most successful? What would work to meet the current and future needs of Gwinnett County?

5. Complete a comprehensive analysis of the entire UDO to identify duplication and redundancy, to centralize tree and landscape code regulations. This includes examining details in Appendices and documents incorporated by reference.

Task 4: Restructure and Rewrite the Tree Ordinance and Other Tree-Related Regulations This task shall include but not limited to:

1. Consolidate and combine tree and landscape requirements from any other affected sections of the UDO into Chapter 600.

2. Replace Chapters 600, 610, 620, 630, and 640 by consolidating into one Chapter 600.

3. Revise, update and add planting details contained in the Appendix, Standard Drawings to current best practices.

4. Revise, update and add illustrative graphics and pictures contained in the Appendix, Design Guidelines, and Public Spaces. Encourage picture examples, and when used, pictures are to originate from within unincorporated Gwinnett County.

5. Create new innovative, illustrative graphics to convey the proposed material contained in the required amendment.

6. Update tree, shrub, and prohibited plant species lists contained in the Appendix, Buffers, Landscape and Tree Protection. Remove non-native trees and add native tree species.

Task 5: Amendment Development and Adoption of Amendment by the Board of Commissioners

1. Adoption by the County. The Board of Commissioners are charged with the responsibility to adopt the amendment. A resolution for adoption shall be prepared to be presented to the Board of Commissioners.

The consultant shall attend the meeting associated with the adoption process to respond to any questions or comments, and where appropriate, make presentations regarding the amendment. The consultant will make any changes to the amendment requested by the Planning Commission and Board of Commissioners at their public hearings.

2. Publicizing the amendment. The consultant will assist the County with creating draft press releases and other content related to notifying the public that the amendment has been finalized and adopted.

3. Training. The consultant shall develop draft training materials to be utilized by Department leadership to train staff on implementing the amended regulations.

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Deliverables:

- Public Hearing Presentation Materials;

- Planning Commission Presentation Materials;

- Board of Commissioners Presentation Materials;

- Draft Press Release and other Public Notification Content;

- Draft Training Materials.

Task 6: Preparation of Final Project Deliverables The goal of this task is to compile the results of the overall work effort, the research process, relevant findings, and recommendations into a final written summary with supporting documents. The final package shall, at a minimum, include the following (not necessarily in this order) in a user-friendly format:

1. Executive Summary of the amendment development process.

a. A description of the process and methodology, data gathering techniques, findings, and general outcomes.

b. Approach taken for this project with final recommendations sufficient for public presentation and posting to the website.

2. Draft of the amendment and its appendices, including:

a. Redlined documents

b. Final clean copy documents

3. Final draft document and appendices for Municode utilization.

4. Format of Final Deliverables.

a. PDF file of tree canopy assessment, summary, and appendices.

b. All electronic files in their original formats (e.g., MS Word, Excel, PowerPoint etc.) with supporting graphics and details that will allow County staff to modify and reproduce all information generated as part of this project including but not limited to the associated graphics, charts, maps, and forms.

c. Maps, GIS data from tree canopy assessment.

d. 15 hard copies of the tree canopy assessment, summary, and appendices.

V. PROCESS SCHEDULE

Based on the scope of work, Gwinnett County expects a thorough and complete outcome within one year.

Provide a proposed timeline and action plan. This plan should include the support of County staff to complete the effort on time and within budget. This will be finalized upon awarding of the contract and refinement of the scope of work.

VI PROPOSAL SUBMITTAL INSTRUCTIONS

The consultant’s proposal shall be responsive to the specific range of issues described in this Request for Proposal. Consultants are asked to read the Request for Proposal carefully to ensure that they address the specific requirements of this Request and submit all requested information. Proposal packages shall include the following information:

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A. EXPERIENCE – 20 Points Provide a description of the experience of the firm or team in performing similar size and scope of work over the past five (5) years. Indicate the extent of the firm’s involvement, whether as lead, sub-consultant, or partner. List the certifications and registrations of the firm’s team and sub-consultants participating in the project. Indicate all experience the firm and sub-consultants have in work arrangements similar to what is proposed such as tree canopy assessments; stakeholder meetings and public participation; and writing executive summaries.

B. QUALIFICATIONS – 10 Points Provide a description of the qualifications and experience of the key team members that will be working on this project. Describe the experiences of the team members with regard to similar projects.

Describe any special skills or experience that key personnel might contribute to the successful completion of this particular project. Provide a project organizational chart describing all key personnel including point of contact with the County's agents, personnel responsible for quality control, personnel responsible for coordination of all sub-consultants, and personnel responsible for performance of the project manager.

C. UNDERSTANDING – 15 Points From the consultant’s perspective and own words, describe the purpose of the project and what the end results will be.

D. PROJECT APPROACH – 25 Points Provide a written approach to outline and describe the steps the consultant will take to carry out each task. Include specific team members and/or subconsultants that will be involved.

E. SCHEDULE – 15 Points Understanding of and commitment to achieving project deliverables within the one year timeframe.

Provide a timeline of each task (weeks/months) showing applicable overlap and include lead time for adoption of the Amendment by the Board of Commissioners.

F. REFERENCES - 5 Points Provide at least three (3) references for similar work completed within the last five (5) years complete with names, addresses, current telephone number, email address and project identifying information for that reference. All references should be verified for current contact information prior to submission. It is the responsibility of the proposing consultant to verify the contact information and availability of references prior to submission of proposal(s).

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SCORING CRITERIA:

Evaluation Factors Maximum Points A. Experience of the firm or team proposed to complete this project as they relate to projects of similar name and scope of work.

20 points

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

10 points

C. Describe firm’s understanding and purpose of the project and end result. 15 points

D. Project Approach. Provide a written approach to outline and describe the steps your firm will take to carry out each task.

25 Points

E. Schedule. Provide a timeline of each task (weeks/months) showing applicable overlap and include lead time for adoption of the Amendment by the Board of Commissioners.

15 points

F. References 5 points Sub Total 90 points Fee Proposal 10 points Sub Total 100 Points Optional Interview Requirements 20 points

Total

120 points

RP012-24 Page 11

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

FEE PROPOSAL: RETURN IN SEALED ENVELOPE

Provision of a Revised Gwinnett County Tree Ordinance:

Please provide hourly rate and number of hours to complete each task along with the total.

Task 1:

Tree Canopy Assessment Phases 1, 2, and 3

Hourly Rate

Hours

Total Cost $

Task 2:

Stakeholder and Community Engagement

Hourly Rate

Hours

Total Cost $

Task 3:

Research, Analysis and Evaluation of Tree and Landscape Regulations

Hourly Rate

Hours

Total Cost $

Task 4:

Restructure and Rewrite Tree Ordinance and Other Tree-Related Regulations

Hourly Rate

Hours

Total Cost $ Task 5:

Amendment Development and Adoption of Amendment by the Board of Commissioners

Hourly Rate

Hours

Total Cost $

Task 6:

Preparation of Final Project Deliverables

Hourly Rate

Hours

Total Cost $

Total $

Consultant Name

RP012-24 Page 12

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

CONSULTANT INFORMATION

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

Addendum No. Date Addendum No. Date

Certification Of Non-Collusion in Proposal Preparation

(Signature) (Date)

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Vendors" and all documents referred to therein. offers and agrees, if this proposal is accepted by the Board of Commissioners within 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 fee schedule.

Legal Business Name

Address

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

Representative Signature

Print Authorized Representative's Name

Telephone Number Fax Number

E-Mail Address

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

RP012-24 Page 13

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

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Consultant Name

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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 Gwinnett County project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $2,000,000 aggregate or a claim/aggregate limit of $3,000,000 per occurrence and $3,000,000 aggregate.

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

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

5. Gwinnett County Board of Commissioners (and any applicable Authority) 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-5 or better.

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

*See above note regarding Professional Liability

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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.

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Sample Contract

RP012-24

Provision of a Revised Gwinnett County Tree Ordinance

This CONTRACT made and entered into this day of , 20 by and between Gwinnett County, Georgia (Party of the First Part, hereinafter called the COUNTY), and , (Party of the Second Part, hereinafter called the Consultant)

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

1. TERM:

This contract shall commence upon the date this contract is fully executed and be in effect for _____ consecutive calendar days.

2. ATTACHMENTS:

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

3. PERFORMANCE:

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

4. PRICE:

As full compensation for the performance of this Contract, the County shall pay the Consultant for the actual quantity of work performed, which shall in no event exceed $ The fees for the work to be performed under this Contract shall be charged to the County in accordance with the rate schedule referenced in the Bid Proposal (Exhibit A). The County agrees to pay the Consultant following receipt by the County 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 COUNTY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the CONSULTANT.

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

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

RP012-24 Page 17

6. TERMINATION FOR CAUSE:

The COUNTY 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 COUNTY's rights or remedies provided by law.

7. TERMINATION FOR CONVENIENCE:

The COUNTY may terminate this Contract for its convenience at any time upon 30 days written notice to the Consultant. In the event of the COUNTY'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 County in writing.

10. WAIVER:

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

11. SEVERABILITY:

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

12. GOVERNING LAW:

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

13. MERGER CLAUSE:

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

(Signature Next Page)

RP012-24 Page 18

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

GWINNETT COUNTY, GEORGIA

By:

Nicole L. Hendrickson, Chairwoman Gwinnett County Board of Commissioners

ATTEST:

Signature

Tina King, County Clerk Board of Commissioners

APPROVED AS TO FORM:

Gwinnett County Staff Attorney

CONSULTANT:

BY:

Signature

Print Name

Title

ATTEST:

Print Name Corporate Secretary (Seal)

RP012-24 Page 19

GENERAL CONDITIONS

TO CONSULTANT AGREEMENT

TABLE OF CONTENTS

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 CONSULTANT to Cooperate with other Consultants

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Consultant

22 Notices

RP012-24 Page 20

1. DEFINITIONS

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

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

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

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

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

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

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

1.7 CONSULTANT-means the party or parties contracting directly with the COUNTY to perform

Work pursuant to this Agreement.

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

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

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

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

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

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

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

RP012-24 Page 21

2. CONTRACT DOCUMENTS

2.1 List of Documents

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

2.2 Conflict and Precedence

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

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3. CHANGES AND EXTRA WORK

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

Minor changes to the Scope of Services that do not involve changes in compensation may be authorized in letter format by the County's Project Manager. Changes involving a change in compensation to the Consultant require the approval of the County's Board of Commissioners or the Board’s designee and execution of a Supplemental Agreement.

4. PERSONNEL AND EQUIPMENT

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

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

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

RP012-24 Page 22

5. ACCURACY OF WORK

The Consultant shall be responsible for the accuracy of its work and when it becomes aware of errors and omissions in its Drawings or Specifications, it shall promptly correct such errors or omissions without additional compensation from the County.

The County's acceptance of the Consultant's work at any phase of the Agreement shall not relieve the Consultant of the responsibility for the adequacy, fitness, suitability or coordination of its work product and for subsequent correction of any errors and clarifications of any ambiguities.

The Consultant shall be responsible to the County for additional construction costs that the County incurs on the Project as a result of rework, modifications of work in place or reconstruction by the Contractor or the County’s contractors where such rework, modifications, or reconstruction are due to mistakes, conflicts, omissions or other errors in the…