RP031_26 RFP.pdf

September 9, 2026

REQUEST FOR PROPOSAL

RP031-26

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified service providers for the Provision of Examination and Testing for Protective Services on an Annual Contract with Four

(4) Options to Renew for the Department of Human Resources.

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 PM local time on September 28, 2026 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 service providers will be read at 3:00 PM. The opening will be virtual ONLY. To access the proposal opening, click here to join, or join by dialing 1-323-676-6170. Access Code is: 622 764 154#. A list of service providers submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

Questions regarding proposals should be directed to Diana Turner, Purchasing Associate II at Diana.

Turner@GwinnettCounty.com or by calling 770-822-8727 no later than 3:00 PM on September 17, 2026.

Proposals are legal and binding upon the proposer when submitted. One unbound single-sided original, seven

(7) copies, and one (1) digital copy on a flash drive should be submitted. Cost should be submitted in a separate sealed envelope.

Successful services providers 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-10 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity of Gwinnett County Government should be directed to 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 the 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.

Diana Turner Purchasing Associate II

The following pages should be returned with your proposal:

Provider Information Page, Page 9 Cost Proposal (Return in a separate envelope), Page 10 References, Pages 11-12 Code of Ethics Affidavit, Page 28 Conractor Affadavit and Agreement, Page 28 https://teams.microsoft.com/meet/222097098555374?p=LZyuCndvGmbG7WMHpy http://www.gwinnettcounty.com/ mailto:Diana.%20Turner@GwinnettCounty.com mailto:Diana.%20Turner@GwinnettCounty.com http://www.gwinnettcounty.com/

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1.0 INTRODUCTION

1.1 Background

The Board of Commissioners (the County) is soliciting responses from qualified service providers to assist in developing and administering promotional examinations for our public safety departments on an annual contract.

Hiring the most qualified candidates and promoting qualified individuals within the County’s Correctional Services, Fire & Emergency Services, Police Department, and Sheriff’s Department has always been one of the top priorities for the County. The County’s Human Resources Department has been using various validated competitive promotional processes to help the County’s public safety departments identify the most suitable individuals. To assess promotional candidates’ abilities, testing formats currently being used are job knowledge, written examination and assessment centers.

1.2 Statement of Work

The service provider is expected to research and develop validated testing methodology, process, and structure for promotions through the rank or career path of each public safety department, and to administer the entire promotional testing process.

At the time of preparing this request for proposal (RFP), the County is unable to provide a definite number of examinations and tests. However, in 2025, the County administered 14 promotional examinations to different levels of positions in the County’s public safety departments. There is no assurance of the number of examination processes to be awarded annually to the selected service provider(s) since this service is performed on an as-needed basis. A list of positions that could potentially require a promotional examination is included in this request for proposal.

The service provider is expected to design, develop and administer the entire promotional testing process. Depending upon the nature of the position and the results of the job analysis study, criteria to be measured shall include, but not be limited to job performance, job knowledge and job skills/abilities such as planning, organizing, decision making, problem solving, delegation, etc. The test results will provide quantifiable cut-off scores to be used to determine those candidates deemed qualified for promotion to the next rank or grade. This group or pool of qualified candidates will be used to make final decisions by department management for selections. Although there is no prior expectation with regard to the testing plan and format to be used, all phases of the process shall be quantifiable, measurable, valid, meet all legal requirements, be nondiscriminatory and provide for compliance with all pertinent federal, state and local requirements.

The service provider is expected to disclose any use of Artificial Intelligence (AI) during the design, develop and/or administration of the entire promotional testing process.

Departmental General Operating Guidelines, County Administrator/Human Resources Policies and the Gwinnett County Merit Rules & Regulations will be provided upon award.

The selected service provider(s) may be asked to produce technical reports covering the development of each task of the promotional testing process.

The service provider must be in compliance with the Gwinnett County Merit System Rules and Regulations regarding promotional examinations as follows:

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(330.701) Item Challenge Procedures (Written Promotional Test) Rev 6/04, 10/08

An item challenge is a challenge to the correctness, wording, interpretation, accuracy or sufficiency of the question or answer.

If the applicant wishes to present an item challenge, the following procedures/policies apply:

• The applicant will only be allowed to review the written examination and his/her answer sheet immediately following the administration of the examination for the testing time period and date that he/she is assigned. The applicant must complete and submit an item challenge form(s) to the test administrator immediately following the review.

• Item challenge(s) will be submitted by the test administrator or designee to the following two sources for review:

• The service provider under contract with the County that developed and administered the examination; and

• A committee of subject matter experts (SME) selected by the department for the purpose of evaluating item challenges. This committee will not be comprised of the SMEs that were utilized by the promotional testing service provider to aid in developing the examination.

• Following the review by the promotional examination sources, the sources will issue responses to the Human Resources Director. The Human Resources Director will review the responses of the promotional examination sources and issue a response to the applicant(s) indicating the decision and/or if additional action is warranted.

• Item challenge process ends with no further right of appeal.

(330.702) Challenge Procedures (Promotional Job Simulation Exercise and/or Assessment Center) Rev 6/04, 10/08

In the case of any promotional job simulation exercise or assessment center, the dimension forms used to rate a participant's performance and the actual dimension ratings of that participant will be made available for review by the participant following the completion of the data compilation.

A participant may only challenge the numerical calculation of the final score from the dimension form if they believe there is an error in the calculation. Individual dimensions and assessor ratings shall not be challenged by the candidate – simply the final numerical calculations made from these ratings. If, after reviewing the promotional job simulation exercises(s) and/or assessment center rating the candidate feels there may be a valid challenge, the following procedures/policies apply:

• Challenge(s) must be submitted to the Human Resources Director within seven (7) calendar days from the date noted on the results notification sent to the applicant.

• The Human Resources Director will issue a response to the applicant indicating the decision and/or if additional action is warranted.

• Challenge process ends with no further right of appeal.

The selected service provider will be required to provide written responses through Human

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Resources to each candidate item challenge within four working days of receiving the item challenge(s).

Please provide detailed information on the service provider’s approach/method and timeline of designing and developing a promotional examination. The detailed pricing will be included on the pricing schedule. The proposal must demonstrate the service provider has the credentials and experience to provide testing services for public safety departments.

2.0. GENERAL PROPOSAL REQUIREMENTS

2.1. Delivery and Submittal of Proposals

Proposals shall be submitted and identified by Section(s) submitted.

2.1.1 The proposing service provider is responsible for assuring delivery of the proposal on or before the stated date above as well as for any associated delivery costs. Proposal shall be submitted in sealed envelope/package. Envelope/package shall be addressed to Gwinnett County Purchasing Division, Gwinnett County Justice & Administration Center, Second Floor, 75 Langley Drive, Lawrenceville, Georgia, 30046, and shall be identified with the proposal number, date of opening and company name on the outside.

2.1.2 One unbound single-sided marked as original, seven (7) bound double-sided copies and one digital copy (flash 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. All copies of the proposal must be identical. The full cost for proposal preparation is to be borne by the proposing service provider. Proposals must be signed in ink by a company official that has authorization to commit the company's resources.

2.1.3 Proposals submitted are not publicly available until an award is made by the the County

Board of Commissioners. All proposals and supporting materials, as well as correspondence relating to this proposal, become the property of the County when received. Information submitted by a proposer in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act.

2.1.4 References should be provided for each section being proposed on a previous project of similar size and scope. References should include company name, contact name and title, mailing address, phone number, email address and scope of work performed. All reference information provided must be current and verifiable.

2.2. Inquiries

Individuals, firms and businesses seeking an award of a the County contract may not initiate or continue any verbal or written communications, regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.

2.3. Contract

A copy of a sample contract is included in the proposal for review. Red line edits to the County’s standard contract language must be provided with the service provider’s proposal. The ability

RP031-26 Page 5 of the County to accept those edits will be included as part of the proposal evaluation. Any negotiation on contractual terms must be conducted as part of the proposal evaluation process, not after the business is awarded. The proposal submission will become part of the contract with the County.

Failure to execute the contract within ten (10) days after the date of Notice of Award of the contract may be just cause for the annulment of the award. At the discretion of the County, the award may then be made to the next highest scoring service provider, or the work may be re-solicited. The Notice to Proceed will be issued by the the County Purchasing Division once the contract has been fully executed.

3.0 REQUIREMENTS

3.1 Proposal Submittals: Proposals shall be submitted and identified by Section(s) submitted.

A - Proposed Methodology (30 points)

• Job analysis method & process.

• Promotional test and assessment procedures and methodology to be used develop and administer tests. Samples of similar work are required.

• Disclose the use of AI, specifically if used to create or assist in creating job analysis method and process or in any study aids.

• Explanations of how the proposer plans to set passing scores, score tests, and validate tests.

• Methods to familiarize candidates with the promotional testing processes.

• Recommendations for candidates’ review of testing materials.

• A listing and an explanation of the resources needed from the County.

B – Service Provider Qualifications/Ability to deliver services (20 points)

• A brief company history.

• Name of company and year incorporated.

• Number of personnel (national and in Atlanta).

• Locations of facilities (cities).

• Financial position, including annual financial statement.

• Provide resumes or documentation of experience for all key individuals involved in this project. Leading personnel of the project should have at least three years’ experience in conducting job analysis and designing and delivering assessment center activities.

• Provide a summary of all relevant cases, past or on going, which have been involved in litigation, including the outcome or resolution.

C - Responsiveness to Contract Requirements (20 points)

• A procedure for providing periodic status updates, to occur on request.

• We must receive the service provider item written exam challenge review responses within four working days of receiving them. Exceptions due to scheduling conflicts should be approved in writing before the test.

• Response time for scoring written exams to be no more than one business day after possible item challenge changes have been made. If there are no item challenges, written test scores must be received no more than five working days after the last written test.

• Response time for scoring assessment centers to be no more than five business days from the last day of the assessment center.

RP031-26 Page 6

• If service providers are unavailable, their support staff should be able to contact the service provider to receive an answer and relay to the County within 48 hours.

• Payment will not be made until services are invoiced correctly, therefore, it is imperative that the service provider(s) work closely with the County to understand our software program and its requirements.

• In the event multiple promotional processes are given simultaneously, the County requires the service provider to work within the time constraints of the Human Resources department and the specific department.

• Service provider will provide all office supplies necessary for written examinations and assessment centers. Pricing will be included in the pricing schedule.

• The service provider will provide all proctors needed for written examinations and assessment centers. The County Human Resources will provide the names of current the County temporary agencies to the successful service provider(s).

• Actors are to be provided by the service provider, when needed.

• The selected service provider may be asked to submit a final project report that includes documentation to substantiate the validity of the testing and assessment center process for the position.

• Individual assessment center feedback reports to be provided by the service provider.

D – Performance Guarantees (10 points)

• While performance guarantees are not specifically outlined in this RFP, the service provider will need to provide information on any performance guarantees, warranties, and service level agreements they are willing to offer. Please also include any additional performance guarantees the service provider offers that are not listed below.

• The service provider should answer the following in their response:

1. What performance guarantees does the service provider offer for error-free administration and scoring?

2. What performance guarantees does the service provider offer to ensure unbiased scoring metrics?

3. What performance guarantees does the service provider offer for timelines and deadlines that have been set by the Human Resources Department?

4. What performance guarantees does the service provider offer to ensure statisitical validity and accurate content mapping via job task analysis?

E – References (10 points)

• A minimum of four (4) customer references (1 for Fire, 1 for Police, 1 for Sheriff, 1 for Corrections) where the service provider has performed services of similar scope and size most recently.

F – Cost (20 points)

• Cost (to be submitted in a separate sealed and labeled envelope) The cost proposal should not be included in the technical portion of the submittal; it should be submitted in a separate sealed envelope. Provide the proposed cost for the technical services offered using the table below.

G – Optional Interview

• At the County’s discretion or as deemed in the County’s best interest, service providers may be short-listed for an interivew.

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4.0 PROPOSAL EVALUATION CRITERIA

A selection committee consisting of representatives from Human Resources and the public safety departments 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 as outlined below.

Basis of Short-Listing / Selection

Phase I – Initially, proposals will be evaluated based on the relative responsiveness to the criteria described above and will be scored based on the point values as shown. Please note that references, and subsequent reference checks, are a required component of Phase I scoring.

Phase II – Service providers may be short-listed for further consideration. The Proposal Fee Schedules of the short-listed service providers from Part I will be opened, reviewed, and scored with the lowest cost receiving the most points and the other service providers 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, service providers may be short-listed a second time for an interview. At this time, the County may request further information, explanations, clarifications, presentations, interviews, or meetings with some or all of the remaining service providers.

If interviews are necessary, details on the scoring criteria for interviews will be provided along with notification of the scheduled interview.

All presentations/interviews will be the sole responsibility of the proposing service providers and at no cost to the County.

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

Phase I Criteria Points Allowed

A Proposed Methodology 30 B Service Provider Qualifications/Ability to Deliver Services 20 C Responsiveness to Contract Requirements 20 D Performance Guarantees 10 E References 15

Sub-Total 90 Phase II

F Cost 20 Sub-Total 110

Phase III G Optional Interview 10

Total 120

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Current Gwinnett County Positions Requiring Promotional Testing

Department Promotional Test Job Analysis

Job Knowledge

Written Exam

Assessment Center

Corrections Corporal √ √

Corrections Sergeant √ √ √ Corrections Lieutenant √ √ √ Fire & Emergency Services Driver/Engineer √ √ √ Fire & Emergency Services Lieutenant √ √ √ Fire & Emergency Services Captain √ √ √ Police Corporal √ √

Police Sergeant √ √ √ Police Lieutenant √ √ √ Police Communications Officer III √ √

Police Communications Officer Shift Supervisor √ √

Police Communications Officer Supervisor √ √

Sheriff Deputy Sheriff Corporal √ √

Sheriff Deputy Sheriff Sergeant √ √ √ Sheriff Deputy Sheriff Lieutenant √ √ √ Sheriff Jailer Corporal Sheriff Jailer Sergeant Sheriff Jailer Lieutenant

Note: Any of these are subject to change due to business needs

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

REJECTION OF PROPOSAL

Service Provider Information

Certification Of Non-Collusion In Proposal Preparation Signature Date

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

Addendum No. Date Addendum No. 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)

Address

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

Representative Signature

Printed Name

Telephone Number

Email address

RP031-26 Page 10

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

DEEMED NON-RESPONSIVE.

FEE SCHEDULE

(TO BE SUBMITED IN A SEPARATE SEALED ENVELOPE)

Item # Description

Approx.

Annual

Qty.

Unit Price Total Price

1 Job analysis study 15 each

2 Job knowledge written exam (to include exam administration, scoring and make-up written exam) 15 each

5 Assessment center development/ administration (including assessor training and disclose use of AI) 9 each

6 Make-up assessment center 2 each

TOTAL $

7 Review and responses to item challenges hourly $

8 Technical reports each $

9 Assessment center (2 or more days) daily $

Notes:

The County will compensate assessors for their time and professional services.

Any itemized cost (i.e. travel, supplies, proctoring, etc.) shall be included in above pricing.

The County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for the County to declare proposal non-responsive. Contract will begin January 1, 2027 or upon award.

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

If a percentage increase or decrease will be a part of this bid, please note this in the space provided together with an explanation:

Option 1 Renewal _________________% Increase _________________% Decrease Option 2 Renewal _________________% Increase _________________% Decrease Option 3 Renewal _________________% Increase _________________% Decrease Option 4 Renewal _________________% Increase _________________% Decrease

Explanation: ________________________________________________________________________________________

SERVICE PROVIDER NAME _______________________________________________________________________

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

IN THE REJECTION OF THE PROPOSAL.

References

Gwinnett County requests a minimum of four (4) customer references (1 for Fire, 1 for Police, 1 for Sheriff, 1 for Corrections) where you have performed services of similar scope and size most recently.

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

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

SERVICE PROVIDER NAME

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

IN THE REJECTION OF THE PROPOSAL.

References Continued

Gwinnett County requests a minimum of four (4) customer references (1 for Fire, 1 for Police, 1 for Sheriff, 1 for Corrections) where you have performed services of similar scope and size most recently.

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.

4. Company Name

Contract Amount $ Start Dates

Alternate References

1. Company Name

2. Company Name

SERVICE PROVIDER NAME

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GWINNETT COUNTY

FINANCIAL SERVICES │ RISK MANAGEMENT

PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS

(FOR PROJECTS LESS THAN $5,000,000)

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners. The Contractor and their Subcontractor’s/Vendor’s Certificate of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification or non-renewal of any insurance policy listed on Certificate. Upon request, Contractor shall provide the County with certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

General Aggregate (other than Prod/Comp Ops Liability) $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsement CG 20 10 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) and CG 2037 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) must be provided with your Certificate of Insurance.)

• Primary and Non-Contributory Endorsement to be specified in writing

• Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

• 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

• Include Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

• If project or operations are within 50 ft of a railroad, Contractor is required to name the specific Railroad as an Additional Insured and provide a copy of the Additional Insured Endorsement CG2417 or its equivalent.

• In the event the General Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

RP031-26 Page 14

Automobile Liability to include:

Combined Single Limit – Each Accident $1,000,000

• Comprehensive form providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of all owned, non-owned, leased, hired, borrowed vehicles, and any other statutorily required automobile coverage.

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Coverage to include loading and unloading

• Contractual Liability

Worker’s Compensation & Employer’s Liability Coverage to include:

Workers Compensation Georgia State Statutory Limits Employers Liability

Bodily Injury by Accident – Each Accident $ 500,000 Bodily Injury by Disease – Policy Limit $ 500,000

Bodily Injury by Disease – Each Employee $ 500,000

• Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

Umbrella/Excess Liability Insurance with policy limits as determined by Contract Sums (higher limits may be required depending on the extent of contract):

Each Occurrence and Aggregate Limit $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

• Umbrella Policy must be as broad as the primary policy.

• Coverage excess over General Liability, Business Auto Liability, and Employers Liability

• In the event the Umbrella/Excess Liability insurance required by this Contract is written on a claims- made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Builder's Risk Insurance or Installation Floater Insurance (with the exception for work where the County secures project Builders Risk):

On all new structures, bridges, overpasses, culverts, and railroad crossings, the Contractor shall purchase and maintain insurance in an amount sufficient to cover the full contract amount, from a company licensed, and authorized to do business by the Office of the Insurance and Safety Fire Commissioner of Georgia (“Insurance Commissioner”), with the exception of non-admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner. All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non-resident.

Property Insurance:

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s

RP031-26 Page 15 work. Contractor agrees to waive its rights of recovery and cause its insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Professional Liability (Errors and Omissions): Claim/Wrongful Act: $1,000,000 limit of insurance General Aggregate: $2,000,000 limit of insurance

• In the event that any professional liability insurance required by this Contract is written on a claims- made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work, unless such coverage becomes unavailable in the market on a commercially reasonable basis, in which case the Contractor shall notify the Insurance Manager. If the Director of the Department for which the Contractor is doing the work and the Insurance Manager both agree that such coverage is not commercially reasonably available (such agreement not to be unreasonably withheld), the Contractor may for the period such coverage is not commercially reasonably available, elect not to provide such coverage.

Pollution Liability Insurance: Applies if scope of work requires the handling and/or transportation of hazardous materials including, but not limited to, asbestos, lead, silica, contaminated soil, or any other hazardous material as defined by applicable law. Could add “or scope of work involves grading, concrete, de-watering, underground utilities, exterior insulation and finish systems (EIFS); fire protection; HVAC; plumbing; roofing; exterior siding, stucco, or skin of any type, flashing, installation of skylights, windows, storefronts, or exterior doors;

waterproofing, exterior sheet metal; rough carpentry; or any other trades as The County may designate”, then the following Pollution Liability Insurance shall meet or exceed the following minimum requirements: Per Incident Limit $1,000,000 Aggregate Limit $2,000,000

• Limits for Bodily Injury, Property Damage, Environmental Damage or Clean-Up Costs, including coverage for Non-Owned Disposal Sites.

• For Subcontractors whose scope of work includes transportation of hazardous materials, the insurance must also include coverage for pollution conditions arising from the transportation of hazardous materials.

• Whether written on an “Occurrence” basis or on a “Claims Made” basis, coverage shall either be renewed continuously or shall provide an extended claims reporting period of five (5) years or applicable statute of limitation period following completion of the work.

• Gwinnett County and their respective officers, directors and employees, and any other parties required by The County shall be Additional Insureds during the term of the subcontract agreement and through all applicable statutes of limitation and repose.

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• The policy shall stipulate the insurance afforded to the Additional Insureds applies as primary insurance and that any other insurance carried by the Additional Insureds will be excess only.

Crane Insurance: Applies if any work to be performed involves the use of any owned, leased, chartered, or hired crane of any type:

Occurrence Limit $5,000,000

• Evidence of coverage in the form of a Certificate of Insurance shall be provided to The County prior to start of work.

• Gwinnett County Board of Commissioners and their respective officers, directors and employees, and any other parties required by the County shall be Additional Insureds.

• Additional Insured Endorsements must be provided with the Certificate of Insurance

RP031-26 Page 16

Riggers Liability Insurance:

If any work to be performed involves the rigging, lifting. lowering or moving of property or equipment, then those parties performing such work shall carry Rigger’s Liability Insurance in an amount adequate to insure against the physical loss or damage to the property or equipment in its care.

Crime or Fidelity Insurance:

Limit of Insurance $1,000,000

• The Contractor shall maintain employee dishonesty and computer fraud coverage including, but not limited to, dishonest acts of Contractor, its employees, agents, subcontractors and anyone under Contractor’s supervision or control.

• Contractor shall be liable for money, securities, or other property of County

• Such coverage shall include an owner coverage endorsement for County and County shall be included as a loss payee.

Cyber Liability Insurance: Applies if scope of work includes the storage or transfer of any County data or sensitive data, including but not limited to personally identifiable, health, or payment card data or the related hosting of database(s) or internet site(s):

Limit of Insurance per Claim $1,000,000 Aggregate Limit $1,000,000

• The Contractor shall maintain insurance coverage for network security and privacy risks, including, but not limited to, insurance for data breach or introduction of virus or malicious codes, consumer notification, whether or not required by law, forensic investigation, public relations and crisis management and credit or identity monitoring or similar remediation services, unauthorized access, failure of security information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties allowed by law.

Aviation Insurance: Applies if scope of work requires the use of aircraft, including helicopters, unmanned aircraft systems (e.g., drones) and/or fixed-wing aircraft:

Maintain (or require aircraft owner or operator to maintain), and Contractor shall furnish proof of Aircraft Liability insurance with minimum limits of $10,000,000 per occurrence for bodily injury and property damage of all aircraft.

Unmanned aircraft systems, minimum limits of $2,000,000 for bodily injury, property damage, and personal injury (including invasion of privacy) for unmanned aircraft systems, and guest voluntary settlement bodily injury coverage (for any aircraft except unmanned aircraft systems)

• Such policy shall include contractual liability covering all owned and non-owned aircraft

• If the party providing the Aircraft Liability insurance is not Contractor, then Contractor shall require such party to (a) waive any subrogation rights of recovery they and/or their insurance carriers may have against County and any other indemnified parties and (b) name County and such other parties as Additional Insureds

• The Contractor shall (or shall require aircraft owner or operator) to hire, employ, and utilize pilots certified by the Federal Aviation Administration to operate any such aircraft.

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an additional insured on General Liability, Auto Liability, Umbrella Liability, Pollution, Crane and Aviation (if applicable) policies.

C. Gwinnett County should be provided with a minimum of 30 days advance written

RP031-26 Page 17 notice of cancellation, material change, or non-renewal of policies required by the contract.

D. Certificate Holder should read:

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

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-10 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit.

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

F. Insurance companies providing coverage should be licensed, and authorized to do business by the Office of the Insurance and Safety Fire Commissioner of Georgia (“Insurance Commissioner”), with the exception of non- admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner. All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non- resident.

*See above note regarding Professional Liability

G. Certificates of Insurance, and any subsequent renewals, must reference each corresponding bid/contract by project name and project/bid number.

H. 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 compliance with these insurance requirements.

I. All insurance coverage required to be provided by the Contractor will state that it is primary over any insurance program carried by the County.

J. 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.

K. 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.

L. The Contractor and its insurer(s) 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.

M. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents is 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.

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

RP031-26 Page 18 request.

O. Compliance by the Contractor and all Subcontractors with the foregoing insurance requirements shall not relieve the Contractor and Subcontractors of liability under the Contract and any applicable law.

P. 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.

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

R. The Contractor shall advise the County if required limits of insurance become eroded or impaired.

Surety Bonds (if required) All of the surety requirements will stay the same except the Surety Company must have the same rating as set forth in item E above.

RP031-26 Page 19

GENERAL CONDITIONS

To Service Provider AGREEMENT

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 SERVICE PROVIDER to Cooperate with other SERVICE PROVIDERS

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 Service provider

22 Notices

RP031-26 Page 20

1 DEFINITIONS

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

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

1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by COUNTY and accepted by SERVICE PROVIDER, 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 SERVICE PROVIDER executes and enters into an Agreement with the COUNTY to perform the Work.

1.5 AGREEMENT PRICE-means the total monies, adjusted in accordance with any provision herein, payable to the SERVICE PROVIDER under this Agreement.

1.6 CONTRACT TIME-means the period of time stated in this Agreement for the completion of the Work.

1.7 SERVICE PROVIDER-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 the COUNTY, listed in this Agreement, and also such supplementary drawings as the SERVICE PROVIDER 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 SUBSERVICE PROVIDER-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with SERVICE PROVIDER or with any of its subservice providers 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 SERVICE PROVIDER under this Agreement.

1.13 LIAISON-Representative of the COUNTY who shall act as Liaison between the County and the SERVICE PROVIDER for all matters pertaining to this Agreement, including review of SERVICE PROVIDER'S plans and work.

2 CONTRACT DOCUMENTS

2.1 LIST OF DOCUMENTS

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

2.2 CONFLICT AND PRECEDENCE

RP031-26 Page 21

2.2.1 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 SERVICE PROVIDER'S compensation, which are mutually agreed upon by and between the COUNTY and the SERVICE PROVIDER, shall be incorporated in written Supplemental Agreements to the Agreement.

4 PERSONNEL AND EQUIPMENT

The SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER and responsible for the work prescribed by this Agreement.

5 ACCURACY OF WORK

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

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

6 FINDINGS CONFIDENTIAL

The SERVICE PROVIDER 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 SERVICE PROVIDER pursuant thereto shall become the property of the COUNTY and be delivered to the 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.

RP031-26 Page 22

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed…