RP022-22 RFP

RP017-19

July 19, 2022

REQUEST FOR PROPOSAL

RP022-22

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified technical consulting firms for the Provision of a Customer Service Solution Consulting Service(s) Contract for the Department of Financial Services.

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 August 26, 2022 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 WebEx pre-proposal conference is scheduled for 10:00 A.M. local time on August 4, 2022 To access, dial 408- 418-9388, enter Access Code 23348890628##. All firms are urged to attend. Questions regarding proposals, specifications, and requirements should be directed to Dana Garland, CPPB at dana.garland@gwinnettcounty.com or by calling 770-822-8723 no later than 3:00 p.m. on August 19, 2022. Proposals are legal and binding upon the firm when submitted. One unbound single sided original, seven (7) copies, and one (1) electronic copy on a flash drive should be submitted.

Successful firms 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, 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 firms submitting a proposal will be notified via email.

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

Dana Garland, CPPB, FOII, NIGP-CPP Purchasing Associate III

The following pages should be returned with your proposal:

Fee Schedule (Return in a separate envelope) Page 8 Firm Information, Page 9 References, Pages 10-12 Contractor Affidavit and Agreement, Page 13 Code of Ethics Affidavit, Page 14 http://www.gwinnettcounty.com/ mailto:dana.garland@gwinnettcounty.com

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1.0 Overview, Background, and Current Solution

1.1. Overview

The purpose of this Request for Proposal is to obtain competitive proposals from qualified technical consulting firms capable of providing professional technical consulting services to write a Request for Proposal for an Open-Source Customer Service Solution.

The content of this request for proposal is not meant to be restrictive. Any constraints listed within this request for proposal that may limit a firm’s ability to respond should be communicated to Dana Garland at dana.garland@gwinnettcounty.com and may be addressed in an addendum.

1.2. County Background

Gwinnett County is a suburban county, located approximately 30 miles northeast of Atlanta, Georgia and has an estimated population of 966,874 for 2021. Currently, the County has a total of 5,804 authorized positions, including appointed and elected officials.

Governed by a five-member Board of Commissioners, Gwinnett’s local government is comprised of a chairwoman elected at-large and four district commissioners elected for four-year terms.

The Board of Commissioners appoints the County Administrator. To implement the Board’s directives, the County Administrator uses a management team consisting of members of his immediate staff and 13 department directors. The 13 departments that make up the executive side of the County government are Communications, Community Services, Corrections, Financial Services, Fire and Emergency Services, Human Resources, Information Technology Services, Law, Planning and Development, Police Services, Support Services, Transportation, and Water Resources. Each department director is charged with managing departmental operations in a manner which stresses efficiency, cost-effectiveness, and customer service.

In addition to the internal departments that comprise the executive side of County government, certain services are provided to citizens through constitutional officers and independent elected officials. These external offices are created by the Georgia Constitution or through state law as well as departments headed by elected officials and judicially appointed department directors.

The elected officials include Chief Magistrate, Clerk of Court, District Attorney, Probate Court Judge, Sheriff, Solicitor, State Court Judges, Superior Court Judges, and the Tax Commissioner.

The judicially appointed department heads include Juvenile Court Judges, Recorder's Court Judges and Court Administrator. There are also numerous boards, authorities, and committees within Gwinnett County that serve as indicators of public opinion and act in accordance with particular issues involving both the County’s future and the taxpayers’ dollars. County residents make up the membership of boards, authorities, and committees. The County government provides a wide array of services to its citizens including "traditional" county government functions such as construction and maintenance of roads and court-related activities, as well as municipal functions such as police, fire, recreation, emergency services and water and sewage.

1.3. Current Solution

Gwinnett County desires to restructure their existing customer service engagement processes at the department level, to a centralized customer-focused service platform to enhance the customer service experience provided by employees of the County. A thorough evaluation of the County services by all departments led the County to desire a citizen-centric customer service solution that engages the customer with bi-directional communications with the ability to address the customers’ most immediate essential needs, utilizing open-source data analytical tools.

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To advance the County’s commitment to Communication and Engagement, the Gwinnett County Administrator and the Board of Commissioners set as a strategic initiative review of our Customer Service Experience. Customer Experience is defined by interactions between a customer and the County. As a subset of the customer experience, customer service is the direct assistance provided to a customer by County personnel.

The County is seeking a firm with experience in procurement, development, and design of open-source solutions providing public sector services, to engage in making strategic recommendations for a County-wide, easy to use, open-source, and customer-focused solution that supports in-person, phone, email, text, and social communications with customer insight and transparency for status and workflow and resolution. The County seeks the firm to review existing data collections of the current customer service processes and procedures, including software and systems utilized in servicing the citizens, business applications, and employees of the County, to create a clear customer-focused vision that engages with the customer. The County will expect the firm to have expertise with true open-source solutions with similar use in servicing local municipalities and other government entities. The County desires a solution that is optimal, agile, open-source, and flexible to embrace the current needs of the County and adapt to future needs. Gwinnett’s future state of customer service needs to embrace innovative technology that continuously exceeds the customers’ expectations, with a more consistent, reliable, and informed experience that promotes the Gwinnett County Brand and Standard.

*The County’s core ERP System with various modules is currently being updated through a separate ERP proposal effort.

**Customer Relationship Management software replacement will occur in the future, timing not yet determined. SAP – CRM will be maintained for County’s CRM application until the County decides to move forward with CRM replacement.

***Website modernization project anticipated in 2022 to update and modernize the County website to operate at industry standards and with best practices.

2.0 Expected Scope of Technical Consulting Services

2.1 Project Scope

• Evaluate the provided data analysis of the operational scope of the services provided to the customers at all departmental levels including the documented department’s customer service journeys, current service delivery methods, current analytical data available and its accessibility to interpret and report the experiences of the customers.

• Review and understand the current technical state of existing software, systems, and processes, including the County’s homegrown Customer Relationship Management system, and make strategic recommendations of the technical future state of the preferred open-source customer service solution, supporting systems, internal support staff, and business processes.

• Understand the desires to restructure the County’s existing customer service engagement processes at the department levels to a centralized customer-focused service platform to enhance customer service and the customer service experience provided by employees of the County. In efforts to provide more transparency and engagement with the citizens of the County, the County desires to optimize the benefits of open-source technology. After a thorough evaluation of the County services provided to the citizens in all departments, the County desires a citizen centralized, customer service solution that engages the customer

RP022-22 Page 4 through bi-directional communications with the ability to identify and address the customers’ most immediate essential services by providing objective metrics with more data driven analysis, utilizing technology like an open-source data analytic tool.

• Recommend options for a strategic direction to develop the County’s open-source customer service solution that will create a 360-degree approach to efficiently and effectively provide services the County’s citizens, employees, businesses, and visitors.

• The selected firm is expected to make recommendations as to system requirements and assist in the development of the Request for Proposal to procure such recommendations.

2.2 Overall Evaluation Process

PROPOSAL SUBMISSION REQUIREMENTS

Content

Executive Summary – Firm should include a description of the highlights, features and distinguishing points of the response. Within this summary a list of individuals and their contact information for the response should be included.

Firm may include additional sections to the required sections if the consulting firm believes these to be beneficial to further explain the services offered relative to this project.

Tab A - Firm Experience and Qualifications – 35 Points - The response to the request for proposal should include the following regarding the Consulting firm’s profile:

1. Business Organization – the type of business the Consulting firm is registered as (i.e., LLC, Chapter S Corporation, etc.)

2. Length of time in business – include the date the business started and any name changes, mergers and acquisitions that have taken place since inception.

3. Locations – list headquarter and location information including numbers of employees at each location.

4. Customer base – the total number governmental or local government customers to date and number currently active on open projects broken down by state and jurisdictions.

5. Writing Experience – show evidence that the Consulting Firm has a minimum of (2) two projects within the last (5) five years of documented experience in writing business and technical requirements and developing a local government customer service solution with open-source technology for a county equivalent in size.

6. Contract negotiation experience – provide evidence that the Consulting Firm has contract negotiation experience on behalf of county agencies with one (or more) projects similar in initial purchase value as this proposal response.

7. Subject matter expertise – a description of the Consulting Firm’s subject matter expertise in A. Public sector Customer Service Systems and/or Solutions B. Implementing an Enterprise Open-Source platform FOR multiple department use C. Public sector focused integrated solutions D. Public sector focused federated (best-of-breed) solutions E. Software as a service (SaaS) and hosting (cloud) F. High Availability and Disaster Recovery G. Enterprise Application Integration H. Customer Relationship Management system I. Workflow

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J. Integrated Reporting and Analytics

8. Capacity and Stability of Firm - a description of the Consulting Firm’s capacity to meet the requirement including but not limited to the financial capacity of the firm, size of relevant technical staff and the ability to meet the timelines outlined in this document

Tab B - Personnel and Dedicated Staffing – 10 Points - include profiles, bios and resumes for all personnel that will be working on the project should the Consulting Firm be chosen. Projected amount of time all personnel will dedicate to the project (full time and part time). Projected amount of time Consulting Firms will be spending at Gwinnett County facilities throughout the various stages of the project. Statement on how the Consulting Firm staff plan to communicate and engage throughout the project (i.e., web conferencing hosted by Consulting Firm, Skype, etc.).

Tab C – Project Management – 15 Points

Deliverables

Project Timeline Assurance - Firm should include a projected timeline with milestones that will meet Gwinnett County’s overall timeline as indicated below:

• Consulting Firm to provide review existing data collection and analysis of the current state of Customer Services provided at department levels, processes, procedures, systems, accessible data for analytics, current homegrown CRM, customer communications, etc.

• The Consulting Firm will provide strategic recommendations as to the appropriate overall “best in breed” solution to achieve the County’s initiative to create an open-source clear customer-focused vision that’s communicated throughout our organization; to understand our customers and establish a plan for delivering exceptional customer service; and to implement any tools, process changes, or training our leaders and employees need to deliver an experience that sets Gwinnett apart in the eyes of its customers and promotes the Gwinnett County Brand and Standard.

• Consulting Firm will assist in the development of the Request for Proposal AND Proposed Fee Schedule for System Selection (Described as an “Optional” item in the proposal). It includes activities subsequent to the release of the request for proposal and culminating with the negotiations of a statement of work and contracts with the selected solution provider(s).

This should include specifics on number of staff needed and time to complete each phase. If firm chooses to include additional services such as implementation and training support post vendor selection, then those projected timelines should also be included in the response.

Gwinnett County Strategic and Project Goals – Firm should include an explanation as to how the Consulting Firm will understand Gwinnett County’s open-source solution to address the departmental and County’s desire to improve, enhance and engage the patrons of Gwinnett County with the Customer Service Solution project and strategic plan, goals, and objectives.

TAB D – TECHNICAL KNOWLEDGE – 20 Points

Firm Scope – Firm should include a description of the proposed services that the Consulting Firm will offer to ensure Gwinnett County has a comprehensive proposal ready for publication for a preferred Open-source Customer Service Solution, sponsored by the Office of Strategic Excellence and the County Administrator’s Office, to solicit strategic recommendations for design, support, and implementation of a clear customer-focused solution that’s communicated throughout our organization; to understand the impact and role of the open-source technology, to understand the County’s customers and to deliver

RP022-22 Page 6 exceptional customer service; and to implement any tools, process changes, or training the County’s leaders and employees need to deliver an experience that sets Gwinnett apart in the eyes of its customers and promotes the Gwinnett County Brand and Standard.

Tab E - References – 10 Points

Firm shall include at least three (3) different references of county organizations of the same size and complexity of Gwinnett County that have worked with the Consulting Firm in a professional consulting capacity specific to creation of a proposal for their complete Customer Service Solution ecosystem with open-source technology as defined in the Project Overview of this document.

The references provided should all be from like engagements that took place in their entirety within the last five (5) calendar years.

For each project/engagement used to provide proof of experience the following should be included:

• Jurisdiction or Agency

• Size of project and jurisdiction

• Contact Information

• Description of each project, including the project objective

• Role(s) of the Consulting Firm during the project

• Number of staff assigned to the project full and part time

• Timeline that includes the start and finish of project at a minimum

• Total project cost

• Any training or post implementation that was provided as part of the project

• Brief statement as to the firm’s adherence to the schedule and budget of the project

Information requested and evaluated from reference may include, but is not limited to, items such as project description, job performance information, functional and technical abilities, communications skills, timeliness of deliverables, accuracy, cost containment, dispute resolutions, collaboration skills, et cetera. Negative references will be reflected in the final score and may eliminate proposers from consideration for award. Typically, points are deducted for no response or negative responses.

Cost Proposal (Sealed Separately) – 10 Points

Firm should include a description of the proposed Consulting engagement broken down by the service categories/phases listed below (at a minimum). Pricing (sealed separately) should reflect distinct costs associated with each element/phase of this work such that Gwinnett County can select to engage the Consulting Firm in each phase individually, in part or in total. Pricing should include cost for travel and expenses of consulting personnel called out specifically and include the estimated travel details that support that cost estimate. A not-to-exceed amount that would be contained in a potential agreement with Gwinnett County should be included. Firm shall include details about the implementation schedule including milestones and costs.

• Evaluate, review, and perform a business and technical analysis utilizing the previous work study and the guidance the County’s Customer Service Committee’s had performed and documented to develop the system requirements.

• Gather requirements (business, technical and maintenance and support)

• Create a proposal

• Assist in the proposal solicitation & management processes

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• Assist in the proposal evaluation processes

SELECTION PROCESS

Proposals will be evaluated based on their relative responsiveness to the criteria described above and with the following values assigned:

Criteria Tab Points Phase I 1 Firm Experience and Qualifications

Experience in Writing, Requirements and GAP Analysis, Project Management, Contract Negotiation. This should also include an executive summary, Consulting Firm profile and qualifications, Subject Matter Expertise, and Description of Capacity and Stability.

A 35

2 Personnel and Dedicated Staffing Qualifications of staff performing the required work, Staff Dedication, and Communication Plan

B 10

3 Project Management Demonstrate the ability to meet the Scope of Services within the required timeframes specified in the proposal. This will include the project schedule and understanding of the project and objectives Strategic Plan and Goals.

C 15

4 Technical Knowledge Consulting Scope and Open-source Customer Service Solution Recommendations

D 20

5 References E 10 Sub-Total 90

Phase II 6 Cost Proposal (Sealed Separately) 10

TOTAL 100

Phase III Optional Interview 10

Potential TOTAL with Optional Interview 110

Basis of Short-Listing / Selection Phase I – Initially, proposals will be evaluated based on their relative responsiveness to the criteria described above and will be scored based on the point values as shown. References and subsequent reference checks are a required component of Phase I scoring.

Phase II – Firms may be short-listed for further consideration. The Cost Proposal of the short-listed firms from Phase I will be opened, reviewed, and scored with the lowest cost receiving the most points and the other firms receiving proportional points based on the differences in proposal costs.

Phase III – At the County’s discretion, or as deemed in the County’s best interest, firms may be short-listed a second time for the interview. At this time, Gwinnett may request further information, explanations, clarifications, presentations, interviews, or meetings with some or all of the remaining firms.

If interviews are necessary for selection, details on the scoring criteria for interviews will be provided along with notification of the scheduled interview. All interviews and demonstration sessions will be the sole responsibility of the proposing firms and at no cost to the County.

If an agreement with the highest-ranked firm cannot be reached, the County may then negotiate with the second-ranked firm and so on until a satisfactory agreement has been reached.

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(SUBMIT IN A SEPARATE SEALED ENVELOPE)

PROPOSAL FEE SCHEDULE

ALL OVERHEAD, PROFIT AND DIRECT CHARGES SUCH AS, BUT NOT LIMITED TO DOCUMENT REPRODUCTION, PHOTOGRAPHIC WORK, PHOTO REPROGRAPHIC SERVICES, POSTAGE AND SHIPPING, COMPUTER USAGE EXPENSES TRAVEL AND/OR TRANSPORTATION (INCLUDING MILEAGE) MUST BE INCLUDED IN THE LUMP

SUM FEE FOR EACH TASK OR SUB TASK ON FEE SCHEDULE.

Firm Name

Item Project Task Completion Time # of Staff Lump Sum Fee

1.

Evaluate, review, and perform a business and technical analysis utilizing the previous work study and the guidance the County’s Customer Service Committee’s had performed and documented to develop the system requirements.

2.

Gather requirements (business, technical and maintenance and support)

3. Create Proposal $

4.

Assist in the proposal solicitation & management processes

5. Assist in the proposal evaluation processes

TOTAL $

6. Hourly rate for services not included above

$ per hour

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Firm Information

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

REJECTION OF PROPOSAL.

The undersigned acknowledges receipt of the following addenda, listed by number and date as issued 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 Proposers" 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 (If your company is an LLC, you must identify all principals to include addresses and phone numbers in your submittal)

Federal Tax ID

Address

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

Representative Signature

Printed Name

Telephone Number

E-mail address

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References

REJECTION OF PROPOSAL.

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

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. Jurisdiction or Agency

Size of Project and Jurisdiction

Contact Person Telephone

E-Mail Address

Description of Project Including the Project Objective

Role(s) of the Consulting Firm During the Project

Number of Staff Assigned to the Project (full and part time)

Timeline that Includes the Start and Finish of Project at a Minimum

Total Project Cost

Training or Post Implementation Provided

Brief Statement as to the Adherence to the Schedule and Budget of the Project

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References Continued

2. Jurisdiction or Agency

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References Continued

3. Jurisdiction or Agency

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Contractor Affidavit and Agreement

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(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Immigration

Reform Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Gwinnett County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security] to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

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

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: _______________________

For Gwinnett County Use Only:

Document ID #________________ Issue Date: ___________________ Initials: ______________________

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

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Code of Ethics Affidavit

RP022-22 Provision of a Customer Service Solution Consulting Service(s) Contract

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION)

In accordance with Section 54-33 of the Gwinnett County Code of Ordinances the undersigned bidder/proposer makes the following full and complete disclosure under oath, to the best of his/her knowledge, of the name(s) of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or with the bidder/proposer, its affiliates, or its subcontractors:

1.

(Company Submitting Bid/Proposal)

2. (Please check one box below)

No information to disclose (complete only section 4 below)

Disclosed information below (complete section 3 & section 4 below)

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

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. Sworn to and subscribed before me this

BY: day of , 20

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent Notary Public

Title of Authorized Officer or Agent of Contractor (seal)

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 54-33. The ordinance will be available to view in its’ entirety at www.gwinnettcounty.com

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Professional Services Insurance Requirements

***Insurance Requirements are negotiable based on the proposed scope of services. Please direct any questions about these requirements to dana.garland@gwinnettcounty.com***

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, non-owned, 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.

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.

17. 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.

18. 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.

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

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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

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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

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.

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

4. PERSONNEL AND EQUIPMENT

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

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

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

5. ACCURACY OF WORK

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

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

6. FINDINGS CONFIDENTIAL

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

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

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

7. TERMINATION OF AGREEMENT FOR CAUSE

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

8. TERMINATION FOR CONVENIENCE OF THE COUNTY

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

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

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9. CONSULTANTS TO COOPERATE WITH OTHER CONSULTANTS

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

10. INDEMNIFICATION

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

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

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

11. COVENANT AGAINST CONTINGENT FEES

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

12. INSURANCE

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

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

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

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

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

13. PROHIBITED INTERESTS

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

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

14. SUBCONTRACTING

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

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

15. ASSIGNABILITY

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

COUNTY.

16. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3)…