RP022_24 Inv.pdf

March 28, 2024

REQUEST FOR PROPOSAL

RP022-24 Park Place Master Plan Project

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified consultant for the Park Place Master Plan Project 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 April 30, 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, April 16, 2024, at the Gwinnett County Purchasing Office, above address. All consultants are urged to attend. Questions regarding proposals should be directed to Alexis Holland, Purchasing Associate II at alexis.holland@gwinnettcounty.com or by calling 770-822- 8741, no later than 2:00 p.m. on Thursday, April 18, 2024.

Proposals are legal and binding upon the vendor when submitted. One unbound original and five (5) copies should be submitted. One unbound single-sided original, four (4) bound single sided copies and one electronic copy, flash drive or thumb drive, should be submitted. The fee schedule is to be submitted in a separate sealed envelope and should not be included in the copies mentioned above.

Successful firm 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:

Fee Proposal (Separate Sealed Envelope), Page 10 Firm Information, Page 11 References, Page 12 Code of Ethics, Page 25 Contractor Affidavit, Page 26 http://www.gwinnettcounty.com/ mailto:alexis.holland@gwinnettcounty.com http://www.gwinnettcounty.com/

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I. Background The Park Place Master Plan study area (at right, outlined in blue) is located at the southwest corner of Gwinnett County. The study area is bounded by the Gwinnett/DeKalb County Line to the west, generally by Corinth Drive to the north, by a line to the east crossing U.S. 78 between Lowes and Lake Lucerne, and the southern boundary follows a line opposite lots facing South Pounds Drive. The center of the study area is generally the commercial node at the U.S. 78 and East Park Place intersection. The area is prime for redevelopment based on future planned transit, proximity to major thoroughfares, and recent/ongoing public investment.

In early 2007, the Evermore Community Improvement District (CID) initiated the Park Place Activity Center Livable Centers Initiative (LCI) Study. On November 13, 2007, the Park Place Activity Center LCI Study was adopted by the Gwinnett County Board of Commissioners. In October 2009, the Board of Commissioners adopted the Park Place Redevelopment Plan and created Tax Allocation District #3 “Park Place.” In 2013, the Evermoore CID completed an update to the LCI study. Gwinnett County purchased the Stone Mountain Tennis Center site in 2019 within the study area to help facilitate redevelopment.

II. Purpose Gwinnett County is soliciting competitive sealed proposals from an individual, firm, or team of firms to assist in the development of a major update to the Park Place Activity Center LCI Study. The winning respondent will be responsible for developing a comprehensive Master Plan in compliance with the Atlanta Regional Commission’s (ARC) LCI study standards. Although LCI funding is not being utilized for this project, the winning respondent shall ensure the final plan is eligible for consideration as a major update to the current Park Place LCI study, including coordination with ARC during the creation of the plan.

All responses are to be signed by a duly authorized official of the firm and must be submitted in the time, manner, and form prescribed. No reimbursement will be made by Gwinnett County for any costs incurred prior to a formal notice to proceed, should an award of contract result from the solicitation.

III. Scope of Services Gwinnett County will issue one contract to complete the work described herein. Work completed under contract will adhere to the work described within this PROPOSAL. The Park Place Master Plan shall establish land use, transportation, housing, economic development, placemaking, open space, streetscape, and design standards to create a sense of place unique to this emerging node and that is commensurate with the scale and quality of the County, as well as guide the private sector in the amenities and character desired by the community. The County believes that an assortment of housing types combined with retail and dining destinations and public spaces within transit-oriented development, connected by transit and complete streets, will create a lifelong community.

The Park Place Master Plan shall contain the following six major components. Consultants submitting proposals may add additional items that are considered necessary to implementing a successful project.

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Task 1: Existing Conditions Assessment The Consultant shall assess the study area's demographics, land use, economic development characteristics, transportation system (vehicle, pedestrian, bicycle and transit access and accident data), public infrastructure, environmental conditions, and established design elements. This shall include identification of physical constraints such as topography, right-of-way, impacts to potentially historic properties, environmental features, and locations of utilities.

The analysis should consider all relevant existing studies and design concepts, including, but not limited to, the 2045 Unified Plan, the Comprehensive Transportation Plan, the Transit Development Plan, the Parks and Recreation Master Plan, Trails Master Plan, as well as approved capital transportation projects and recent development proposals.

Task 2: Market Feasibility Study The Consultant shall prepare a market feasibility study to determine the potential market for new residential (by types and units), retail and service commercial (including hotels), and office space uses in the study area in order to identify the most appropriate land use mix, patterns, intensity, and massing and ensure the plan recommendations are realistic.

The market feasibility study shall include, at a minimum, the following:

• Current market conditions, including current vacancy rates, rental rates, sales rates per square foot for retail, office, and residential uses and an analysis of realistic future rates;

• Demand and feasibility assessment for different housing types, including affordable housing, as well as retail, office, and other uses within the study area;

• Customer profile development, including detailed demographics, lifestyle segmentation data, actual customer spending habits, and other pertinent information;

• Characterizations of trends and conditions in competing commercial business districts within a reasonable radius of the study area;

• Best practices and development incentives for catalytic development;

• Identification of where new development/redevelopment should be located to catalyze further reinvestment most effectively;

• Prepare proformas for select catalytic redevelopment sites, and prepare a presentation or marketing materials highlighting the market potential based on these catalytic projects; and

• Identify best practices for development incentives or financing mechanisms for funding redevelopment of catalytic sites.

The County encourages the Consultant to explore infill development/redevelopment and to increase overall housing type diversity and ensure opportunities for affordable and workforce housing in the study area.

Task 3: Project Management and Public Participation The County values thorough public participation and community engagement in the formulation of all plans. The Consultants shall develop and implement a unique and cutting-edge public participation plan to ensure maximum involvement from the general public and stakeholders during the planning process including tactical urbanism, interactive games, combined social events, etc.

The public participation process shall, at a minimum, include the following:

• Project Management Team (PMT)

The Director of the Department of Planning and Development (“The Department”), or designee, will serve as the County’s Project Manager (PM). Weekly updates from the Consultant shall be provided

RP022-24 Page 4 via email to the PM. The Department will establish a Project Management Team that includes, at a minimum, the Department Director, Deputy Department Director, Planning Division Director, Deputy Planning Division Director, and Senior Long-range Planner. This group shall meet, at a minimum, on a bi-weekly basis throughout the planning process. The purpose of the PMT is to provide direction on the planning process, community engagement, and preparation of deliverables.

• Technical Advisory Committee (TAC)

A Technical Advisory Committee will be created by the Department to include staff from the County’s Planning and Development Department, Department of Community Services, Department of Transportation, Department of Water Resources, and others as determined by the PM. This team will meet, at a minimum, on a monthly basis throughout the planning process. The purpose of the TAC is to provide input on the planning process, community engagement, and preparation of deliverables.

• Community Advisory Committee (CAC)

The Department will establish a Community Advisory Committee that includes representatives from key stakeholder groups. The CAC shall, at a minimum, meet prior to each of the general public meetings described below. The key responsibility of the CAC is to review and comment on draft analyses and studies prior to public meetings and help advertise meetings and distribute information to the larger community.

• General Public

A minimum of four (4) General Public Meetings shall be conducted, as follows:

• Kick-off Meeting: to provide an overview of the plan process, solicit opinions on goals and objectives of the study, as well as strengths, weaknesses, opportunities, and threats in the study area;

• Preliminary Findings/Data Gathering Meeting: to share preliminary findings and collect information and opinions from the public on pertinent topics;

• Draft Presentation Meeting: to present a draft plan for review and comment prior to finalizing the study; and

• Final Presentation Open House: to present the draft final plan prior to Board of Commissioners adoption.

The Consultants shall make efforts and provide accommodations to engage low to moderate income citizens, minority citizens, non-native English speakers, and elderly and disabled citizens. The County encourages the Consultants to propose creative meeting locations, activities, and incentives that will draw public participation, foster improved public understanding of the study area, and inspire greater creative thinking by the public.

The Consultants shall provide meeting materials to the Project Management Team for review at least five business days prior to all PMT, CAC, and public meetings. The Consultants shall develop and transmit a summary memo, documenting meeting notes, public input (for public meetings), comments, and results, within five business days following these meetings.

The following list of other engagement activities is not exhaustive and should be considered the minimum required activities. The Consultant is 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:

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

• Project Website: The Consultant shall create all content with information about the planning process and any other necessary information to be placed on the County’s website. A feedback tool will be incorporated into the page, and the Consultant will be responsible for analyzing the feedback downloaded from the tool.

• Workshops: At least two of the public meetings shall be in a workshop format with interactive sessions. The Consultant is expected to develop creative, cutting-edge interactive sessions.

• Pop-up Events: The engagement process shall engage with participants in their communities and piggyback off other community events and activities.

• Small Group Stakeholder Meetings: The Consultant shall plan to manage at least 5 small group stakeholder meetings. Examples of stakeholder groups include Non-Profit Groups, Neighborhood Groups, Development Community, Business Owners, etc. The final list of stakeholder groups shall be developed and approved by the PMT.

• Individual Stakeholder Interviews: The Consultant shall be prepared to interview up to 20 individual community stakeholders, including one-on-one interviews with the Chairwoman, District Commissioners, District Planning Commissioners, and the County Administrator. Other stakeholders will include Department Directors, community leaders, school administrators, Community Improvement District (CID) representatives, etc., as determined by the PMT.

• Creative advertising: Efforts shall be made to implement creative advertising of meetings and events to ensure maximum participation and to ensure participation from underrepresented individuals. The Consultant shall coordinate with the Gwinnett County Communications Department to create a project logo, branding guidelines, and marketing materials. The Consultant shall provide translation services at all events and for all written materials in the most spoken languages in the County.

• Board of Commissioners’ Briefing: The Consultant shall provide one progress update presentation at a Board of Commissioners’ Briefing. The Consultant will be expected to present various illustrative portrayals of the proposed development, including 3D models, renderings, site plans, and maps that would aid the Board of Commissioners in a greater understanding of the recommendations.

• Other: The Consultant shall establish a sole method to receive feedback and capture public input throughout the process. Submittals shall propose any additional or alternative public engagement methods that will be effective throughout the planning process.

Task 4: Master Plan Development and Build-Out Analysis The Consultant shall provide a master plan focused on transit-oriented development, housing diversity, redevelopment and infill development with a recommended land use mix, patterns, intensity and massing to achieve the vision and goals of the area. The plan shall be based on the existing conditions, market feasibility study, and public input. The plan shall include 3D models and renderings of key sites that would contribute to a greater understanding of the recommendations. The Consultant shall also provide a subsequent build-out analysis to help determine the potential impact on transportation, public facilities, adjacent and nearby properties, and assess any infrastructure requirements.

The Consultant shall also conduct a thorough analysis of parking conditions based on the potential build-out and planned transit expansion in the area. The analysis shall include a determination of the viability of parking structure(s), including financing options, size, and preferred locations to facilitate future development/redevelopment.

The Plan shall include a comprehensive multi-modal transportation component that accommodates public transit, automobiles, bicyclists, and pedestrians through the application of “Complete Street”

RP022-24 Page 6 principles, trails, and transit centers. While there are ongoing and planned transportation projects in the study area, a more in-depth analysis is needed to identify potential streets and circulations that reflect the grid patterns, close connectivity gaps, and improve accessibility and safety for all users with a focus on alternative modes of transportation. The recently adopted Transit Development Plan envisions this area as a location for a multi-modal transit center due to its proximity to Stone Mountain Highway and easy access to Interstate 285.

The transportation component shall reflect the proposed future land use plan and build-out analysis. The Consultant shall also coordinate with Gwinnett County, Dekalb County, and the Georgia Department of Transportation to discuss potential projects prior to finalizing the transportation plan and recommended improvement list.

The Consultant shall identify key park/open space and placemaking activation locations through a level-of-service analysis and public input. Potential amenities could include regional detention ponds/parks, greens, plazas, squares, playgrounds, festival fields, etc. Placemaking plans should consider potential locations for amenities such as design elements, public art, wayfinding, and safety and decorative lighting. Open space and placemaking plans should help establish a sense of place that will instill neighborhood pride and ownership.

The final product should include a multitude of illustrative examples and detailed maps to convey the recommendations of the plan visually, including 3D models of at least 3 catalytic sites, as determined by the PMT. The final plan shall meet all requirements of the ARC’s LCI study program, including a detailed Implementation Plan with considerations for cost and funding.

Task 5: Implementation The Consultants shall provide a detailed implementation and action plan to assist the County in moving the Master Plan forward. The implementation and action plan, at a minimum, shall include:

• Short-term and long-term action items with responsible agencies, cost estimates, and funding sources. No-cost and very low-cost action items shall be included to keep momentum going and the stakeholders involved and sharing responsibility for the plan’s success. Catalytic projects shall also be identified.

• Design guidelines to ensure quality and sustainable development.

• Recommended code amendment and/or overlay districts/form-based code for consistency with the plan.

Task 6: Public Hearings The Consultants shall provide all required documents to support the Director’s presentation of the findings and recommendations in the draft final plan to the Board of Commissioners.

A. Key Project Deliverables

The final versions of all Key Deliverables, as listed in the preceding section, shall be provided to the County in both digital and paper format. Ten (10) printed copies of the Park Place Master Plan shall be provided, along with an electronic file in its original format and in Portable Document Format (PDF), and a separate digital file folder with all supporting graphics, illustrations and data contained in the report in their native format (GIS, Excel, InDesign, etc.).

The Consultants shall, at a minimum, provide a comprehensive document with the following work products:

• Existing Condition Analysis

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• Market Feasibility Study

• Visions, Goals, Policies, and Strategies

• Master Plan and Build-out Analysis, including transportation, open space, and placemaking components

• Implementation Plan

• Public Participation and Public Input Summary

• Appendix of any additional supporting material

B. Project Charter

The timeframe to complete this project is by December 31, 2024. Within two (2) weeks following commencement of work, the Consultant shall present a detailed project charter with project milestones, anticipated meeting dates, and other activities to the PM for approval. Milestones shall follow a logical phased approach and shall be consistent, in general, with the anticipated project tasks noted in this proposal.

C. Proposal Content

The Proposal shall be responsive to the specific range of issues described in this Request for Proposal.

Consultants are asked to read this document carefully to ensure that they address the specific requirements of this request and submit all requested information. Proposal packages should include the following information:

Understanding and Purpose – Up to 20 Points

From your firm’s perspective and in your own words, describe the purpose of the project and what the end results and deliverables will be.

Project Approach – Up to 25 Points

Provide a written approach to outline and describe the steps your firm will take to carry out each task. Include specific team members and/or subconsultants that will be involved. Include detailed schedule.

Experience of Project Staff (emphasis on project management of similar scope) – Up to 20 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.

Consulting Firm’s Experience on Similar Projects – Up to 15 Points

Provide a description of the experience of the firm or team in performing similar size and scope of work over the past five 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.

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Internal Quality Assurance – Up to 10 Points

Provide a description of your internal review and quality control for each task and deliverables.

References – Up to 10 Points

Provide at least three references for similar size and scope of work completed within the last five 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.

Fee Proposal – Up to 10 Points

Consultant should include in a separate sealed envelope a not-to-exceed fee proposal for the services that are being provided.

Cost proposals of the highest scoring firms from Part I will be opened, reviewed, and calculated.

Interview – Up to 10 Points

Upon completion of the first part of the selection process the short-listed firms will be notified of the requirements for a presentation/interview and will be provided information on schedule and subject matter for this evaluation item.

The County reserves the right to conduct interviews as part of the selection process. At the discretion of the selection committee, proposers may be requested to make an oral presentation prior to final selection.

The County makes no commitment that this process will lead to a contract of any kind and reserves the right to cancel this process at any time, short of executing an agreement with any firm.

Review and Rating of Evaluation Criteria Gwinnett's evaluation committee will review the proposals. Proposals will be evaluated based on their relative responsiveness to the criteria described above and with those criteria's values weighted as shown below:

Part 1 Criteria Points Allowed 1 Understanding and Purpose 20 2 Project Approach 25

3 Experience of Project Staff (emphasis on project management of similar scope) 20

4 Consulting Firm’s Experience on Similar Projects 15 5 Internal Quality Assurance 10 6 References 10

Subtotal 100 Phase II

6 Fee Proposal 10 7 Interview 10

Maximum Total 120

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A selection committee will carefully evaluate all responses to this proposal. Proposals will be evaluated by section based on the responsiveness to the requirements of this proposal and the evaluation criteria outlined above. Gwinnett County reserves the right to reject any or all proposals, in whole or in part; to negotiate changes in the scope of services; and to waive any technicalities as deemed in its best interest.

The Technical Proposals will be evaluated in order to select the firm(s) which rates highest according to the criteria elaborated above (Part 1, 1-6). The selection committee may then shortlist the highest scoring firm(s).

The Fee Schedule of the shortlisted firm(s) will then be opened and scored. The highest scoring firm may be selected at this point or the committee may invite a number of the highest scoring firm(s) to interview. The number of firms shortlisted and interviewed, if any, will be at the discretion of the selection committee.

If an interview is requested, it will be worth an additional 10 points in the selection process. The firm(s) will be responsible for any cost associated with the request for additional information and/or an interview. Dates and nature of the interview requirements will then be relayed to the invited firms. The selection committee also may request an opportunity to visit and tour facilities representative of the work of the short-listed firms. The proposing Consultants should be prepared to designate said facilities and contacts. The interviews/presentations will be conducted, and facilities visits made if determined necessary, and the selection committee will tabulate the results of the interviews and tours with the previous finalized scoring. This scoring will be the final element considered in selecting the Consultant for the required services. After this final scoring, the short-listed Consultants will again be ranked.

If unable to reach an agreement with the highest scoring firm, the County may then negotiate with the second ranked firm and so on, until a satisfactory agreement has been reached, or the County may terminate the negotiation process or will make a recommendation of award to the Purchasing Division.

VI. INSURANCE

The selected Consultant will be responsible for providing evidence of the insurance coverage as required in the provisions of the attached requirements and maintaining said insurance throughout the project.

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COST SCHEDULE

(SEPERATELY SEALED ENVELOPE)

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

REJECTION OF PROPOSAL

The consultant has carefully examined and fully understands the Contract, Plans and Specifications and other Documents hereto attached, and has made a personal examination of the Site of the proposed Work, and has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if proposal is accepted, he will contract with Gwinnett County according to solicitation Documents entitled as well as the existing conditions of the project, and conditions affecting the Work, the undersigned proposes to furnish all services, labor and materials required by them in accord with said documents, for the sum as follows:

Services on the Project, compensation shall be a Not-to-Exceed Fee of :

CONSULTANT NAME ____________________________________________________________________

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

REJECTION OF PROPOSAL.

Firm Information Page

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 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 (If your company is an LLC, you must identify all principals to include addresses and phone numbers in your submittal)

Address

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

Representative Signature

Printed Name

Telephone Number Fax Number

E-mail Address

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CONSULTANT NAME ____________________________________________________________________

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

REFERENCES

Gwinnett County requests a minimum of five (3) references where work of a similar size and scope has been completed. Please make sure the contact information (especially the E-mail) is correct. This will be taken into consideration during the evaluation.

1. Company Name

Brief Description of Services or Project

Completion Date (Or Dates of Service)

Contact Person

Telephone Facsimile

E-Mail Address

Team members on this project

2. Company Name

Completion Date (Or Dates of Service)

Contact Person

Telephone Facsimile

3. Company Name

Completion Date (Or Dates of Service)

Contact Person

Telephone Facsimile

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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.

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*See above note regarding Professional Liability

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

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

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

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

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

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

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

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

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

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

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

Surety Bonds (If Required)

All of the surety requirements will stay the same except the Surety Company must have the same rating as item 8 above.

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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 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.

RP022-24 Page 17

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.

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.

RP022-24 Page 18

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.

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.

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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

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

RP022-24 Page 20 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…