RP057_24 INV.pdf

November 27, 2024

RP057-24

REQUEST FOR PROPOSAL

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified Consultants for the Provision of a Solid Waste Management Plan for the Gwinnett County Office of the County Administrator.

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 December 18, 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 Webex pre-proposal meeting is scheduled for 10:00 A.M. local time on December 4, 2024. To access, dial 1-408-418-9388, enter Access Code 173 532 1781. All interested parties are urged to attend. Questions regarding proposals should be directed to Jake Scarpone, Purchasing Associate II, at Jake.Scarpone@gwinnettcounty.com or by calling 770-822-8722 no later than December 5, 2024. Proposals are legal and binding upon the Consultant when submitted. One unbound single-sided original, five (5) exact copies, and one electronic pdf copy on flash drive should be submitted.

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

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

Jake Scarpone Purchasing Associate II

The following pages should be returned with your proposal:

Cost Proposal, Page 9

(To be submitted in a separate sealed envelope) Consultant Information, Page 10 References, Page 11 List of Subcontractors, Page 12 Contractor Affidavit, Page 13 Ethics Affidavit, Page 14 http://www.gwinnettcounty.com/ mailto:Jake.Scarpone@gwinnettcounty.com

RP057-24 PAGE 2

REQUEST FOR PROPOSAL

PROVISION OF A SOLID WASTE MANAGEMENT PLAN

I. INTRODUCTION

Gwinnett County is a suburban county located approximately 30 miles northeast of Atlanta, Georgia, and has an estimated population of 1,008,402 (Woods & Poole, 2024) and an area of 437 square miles.

Approximately 75% of the population resides in unincorporated Gwinnett County, and 25% resides in the incorporated areas currently consisting of 16 cities.

The governing authority of the County consists of a five-person Board of Commissioners, including a fulltime Chairwoman elected at large and four part-time Commissioners elected on a district basis. The County operates under the County Administrator form of management. The County Administrator reports directly to the Board of Commissioners and oversees the activities of the 14 appointed County department directors.

In addition, the County Administrator's Office acts as a liaison for the Board with other elected and appointed officials including the Chief Magistrate, Clerk of Court, District Attorney, Probate Court Judge, Sheriff, Solicitor, State Court Judges, Superior Court Judges, the Tax Commissioner, Juvenile Court Judges, Recorder's Court Judges, and the Court Administrator.

Gwinnett County government is the second largest service provider in the State of Georgia, second only to the State of Georgia. The County provides a wide array of services to its residents, businesses, and visitors, including construction and maintenance of roads, a robust court system, police, fire and emergency services, recreation, and water and sewerage services. Gwinnett County Solid Waste Management is a division within the Support Services Department, ensuring cleaner neighborhoods and environmental sustainability across the County. The section's functions include the management of solid waste and recycling for both residents and businesses.

The County contractually oversees the collection of residential solid waste and recycling in the unincorporated areas of Gwinnett County. The 16 municipalities manage their collection and recycling programs. Both Commercial and Construction and Demolition haulers complete an annual application to provide service in unincorporated Gwinnett County and are required to report quarterly tonnage and gross revenues to Gwinnett County Solid Waste.

A. BACKGROUND ABOUT GWINNETT COUNTY SOLID WASTE MANAGEMENT

Gwinnett County’s solid waste management program has evolved over time. The County’s Solid Waste Management Plan, located at https://www.gwinnettcounty.com/services/solidwastemanagement, provides historical information regarding the program. The remainder of the section provides background as to the current program in unincorporated Gwinnett County.

a. Residential Trash and Recycling Curbside Services

In 2010, the County transitioned from a subscription to the current County-wide system for residential trash and recycling services for the unincorporated areas. Under the current system, unincorporated Gwinnett County residents are included in one of the five service districts. Each of the service districts are served by a hauler that has the exclusive rights to provide solid waste and recycling services in the designated service district. Residents receive weekly collection of one 95-gallon trash cart and one 65-gallon recycling cart or 18-gallon recycle bin. In addition, residents receive pickup of bulk items and white goods is available on a scheduled basis. Residents may subscribe to yard waste service directly with their assigned hauler. Haulers provide quarterly reports of the amounts of solid waste, recyclables, and yard waste collected within each service district.

In 2020, Gwinnett County was awarded a $100,000 matching grant from The Recycling Partnership for recycling education to reduce contamination at the curb and to increase the number of 65-gallon curbside carts in the County’s residential solid waste management program. As a result of this grant, more than 25,000 65-gallon curbside containers were distributed within unincorporated Gwinnett County.

https://www.gwinnettcounty.com/services/solidwastemanagement

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The current County-wide system for residential trash and recycling services for the unincorporated areas is governed by both an agreement between the County and its residential solid waste haulers, and the Solid Waste ordinance. The agreements were amended in 2018, 2020, and the current program is governed by the 2022 amendment.

b. Residential Pilot Glass Recycling Drop-off Services

Gwinnett County implemented a pilot glass drop-off recycling drop-off program in December 2021.

Two additional locations were added in 2022, and more than 765 tons of glass have been collected to date. In 2023, the County was awarded a Recycling, Waste Reduction, and Diversion Grant from the Georgia Department of Natural Resources, Environmental Protection Division, to add 10 glass drop-off recycling locations throughout the County. By December 31, 2023, the County had 13 drop-off locations for glass in place. The grant is through May 2025.

c. Municipal Measurement Program

In 2019, Gwinnett County applied to become a participant in the Municipal Measurement Program (MMP). The MMP was designed by the Recycling Partnership and Re-Trac to create a central database of local government program information to improve recycling in the United States. The MMP promotes consistent measurement, analyzes program performance, and facilitates comparative analysis. The data is verified by The Recycling Partnership prior to inclusion in the nationwide dataset.

Gwinnett County became a participant in the MMP in 2020.

d. Green Communities program

The County has a history of success with sustainability. Atlanta Regional Commission has recognized this success by awarding the County the following certifications in their Green Communities Program:

Bronze status in 2010, Silver status in 2012, Gold status in 2014, and the highest status, Platinum, in 2018. At the time of achieving Platinum status, Gwinnett County was the first and only county in the state of Georgia to have achieved Platinum certification. Platinum status was achieved again in 2022.

e. Additional Sustainability Initiatives

In 2021, County leaders increased their focus on sustainability initiatives. In April 2021, the Board of Commissioners established a Sustainability Commission to provide advice and recommendations on matters related to the County’s sustainability practices and efforts. The same year, the County Administrator created an internal Sustainability Team to define the Gwinnett Standard for environmental sustainability practices, policies, and programs and to promote County-wide adoption of that standard. The County hired a Sustainability Officer in January 2024.

II. PURPOSE

Gwinnett County is seeking proposals from qualified individuals and consultants specializing in long- term planning for waste management and reduction and recycling and experienced with helping local governments achieve waste goals and solid waste management best practices. The successful consultant team will be experienced with innovations for waste goals and management that are being implemented in other jurisdictions, have excellent listening, speaking, facilitation, financial and program planning, and writing skills. The team must demonstrate a high level of ability in gathering and synthesizing large amounts of technical information and be able to translate programmatic solid waste management concepts into laypersons’ terms.

The County seeks a qualified consultant to provide the following:

• Update County’s Solid Waste Management Plan in compliance with the 1990 Georgia Comprehensive Solid Waste Management Act; and

• Develop a County Solid Waste Management Strategic Plan to enhance solid waste management in the County.

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In addition, the County, at its sole option, reserves the right to engage the qualified consultant to provide procurement assistance services related to the residential solid waste and recycling services in the County.

III. SCOPE OF SERVICES

A. Task 1: Update Solid Waste Management Plan

The 1990 Georgia Comprehensive Solid Waste Management Act requires local governments to complete and periodically update a solid waste management plan. Gwinnett County and many of the municipalities within the County developed a state-approved solid waste management plan in 1991. In 2007, the County’s solid waste management plan was amended addressing a 2005-2020 planning period. The new plan must comply with all applicable Georgia laws, regulations, and guidance related to Solid Waste management.

Task 1 scope of work includes, but is not limited to, the following:

1. Facilitation of kick-off, status meetings, and project management.

2. Development and implementation of public and other stakeholder engagement and outreach.

3. Provision of municipal outreach.

4. Inclusion of planning elements: waste disposal stream analysis; waste reduction; collection;

disposal; land limitation; education and public involvement; and an implementation schedule.

5. Inclusion of assurance of adequate solid waste handling capability and capacity for at least ten years.

6. Address adequate collection and disposal capability; enumerate the solid waste handling facilities as to size and type; and identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors.

7. Address five core elements: waste reduction, waste collection, waste disposal, land limitation, and education and public involvement.

8. Assistance with submittal and approval of plan by State, if required.

B. Task 2: Develop Solid Waste Strategic Plan

The County is seeking a strategic approach to determine how best to provide solid waste services and programs that meet the needs of unincorporated Gwinnett County. The purpose is to develop a comprehensive 10-year Solid Waste Strategic Plan that focuses on the short- and long-term future for solid waste management in unincorporated Gwinnett County and work with the County to implement recommendations. Topics to consider for inclusion in the Plan are identified in Appendix A.

Task 2 scope of work includes, but is not limited to, the following:

1. Facilitation of kick-off, status meetings, and project management.

2. Development and implementation of public and other stakeholder engagement and outreach that includes equitable input.

3. Current system assessment including evaluation of programs, practices, material flow, infrastructure, and end markets for materials generated in the County (municipal solid waste, construction and demolition debris, recyclables, organics, hard to recycle materials, household hazardous waste, electronics, etc.).

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4. Benchmark analysis a minimum of five comparable communities, to be approved by the County, as to programs, practices, infrastructure, end markets, waste composition, generation rate, disposal rate.

5. Current and projected characterization of municipal solid waste and construction and demolition debris waste composition, generation rate, and disposal rate by generator sector (single family residential, multifamily residential and commercial).

6. Current and projected characterization of municipal solid waste and construction and demolition debris waste composition, generation rate, and disposal rate by generator activity (new construction, renovation, demolition, roofing, etc.).

7. Current and projected characterization of recycling (glass, single stream, organics, etc.)

composition, generation rate, recycling rate and capture rates by generator sector (single family residential, multifamily residential and commercial).

8. Review of policy, legislative, and regulatory framework.

9. Review of statewide disposal and processing capacity.

10. Identify solid waste management strategies including, but not limited to:

a. Waste reduction, reuse, repurpose, and repair strategies.

b. Recycling strategies.

c. Collection, sorting and pre-sorting strategies.

d. Material processing and end market strategies.

e. Equipment and infrastructure strategies.

f. Technology strategies

g. Public education, outreach, and marketing strategies.

h. Targeted waste stream and generator strategies.

i. Disposal and processing capacity strategies.

j. Organizational and institutional strategies.

k. Policy, legislative, and regulatory strategies.

l. Enforcement strategies.

m. Partnership strategies.

n. Funding, including grant funding, strategies.

11. Evaluate solid waste management strategies based on criterion approved by the County such as waste minimization and diversion, environmental justice, environmental impact, community benefits analysis, cost and return on investment, etc.

12. Develop recommendations for a Plan, including goals, strategies, tactics, key performance metrics, budget, greenhouse gas emissions, waste minimization and diversion impact, and implementation plan.

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13. Prepare a Plan for County input with recommendations for implementation, updated goals, strategies, as well as a road map for implementation.

14. Provide guidance on implementing the recommendations, including identifying potential funding sources and community outreach strategies.

15. Prepare and present a final Plan, to County Administration and to the Gwinnett County Board of Commissioners, as requested.

16. Prepare a public education, outreach, and marketing plan for implementation of the Final Plan.

17. Prepare a final public and stakeholder engagement, outreach, and marketing documents and final Plan documents in English and Spanish.

18. Prepare a final public and stakeholder engagement and outreach and final Plan documents in accordance with County and Americans with Disabilities Act (ADA) guidelines.

C. Task 3: Assist with Solid Waste and Recycling Services Procurement

Currently, the County contracts with five haulers to provide residential solid waste and recycling services in assigned service areas. The current contracts expire on June 30, 2026. The County may elect to renew the current contracts for an additional two years. At the County’s sole option, the County may engage the consultant to assist with the procurement of solid waste and recycling services in unincorporated Gwinnett County.

Task 3 scope of work includes, but is not limited to, the following:

1. Draft Request for Proposal (RFP) including attachments, forms, etc.

2. Draft service contract to be included in RFP.

3. Draft amendments to the RFP.

4. Facilitate virtual pre-proposal meeting.

5. Conduct evaluation of proposals.

6. Facilitate in person proposer interviews.

7. Negotiate and draft final contract.

IV. SUBMITTAL REQUIREMENTS

All responses must be in writing with XX (X) copies submitted; one (1) marked ‘Original’ and X (X) marked ‘Copy’. Verbal responses or additions to responses will not be considered. All responses become the property of the Gwinnett County Board of Commissioners and will not be returned. The proposals shall contain the following information and shall be submitted in the following format:

1. Introductory Letter

• Firm Name

• Business Address

• Contact Name

• Overview of the proposal explaining why Gwinnett County should select your firm for this service. What differentiates your firm from other respondents?

RP057-24 PAGE 7

2. Firm Experience

• Detailed description of similar studies successfully completed by the firm in the past ten

(10) years and a detailed description of the results of that work. A minimum of five (5) similar studies is requested. Include the name and telephone number of a contact person for each client who can verify and act as references for the information provided.

• Listing of any studies completed for Gwinnett County in the last five (5) years.

• Capacity and Stability of Consultant - a description of the Consultant’s capacity to meet the requirement, including but not limited to the Consultant's financial capacity, size of relevant technical staff, and the ability to meet the timelines as outlined in this document.

• List any Conflicts of Interest that your consultant or personnel may have with Gwinnett County or its employees.

• List any litigations, arbitrations, or mediations which the Consultant has been involved in the past five (5) years against the Consultant or by the Consultant against the owner, and indicate the disposition of each claim, the name of the owner, and the nature of the claim.

• Statement that, if selected, Consultant shall negotiate in good faith with Gwinnett County.

3. Firm Personnel Experience

• Identification of project manager and key project team members who will be assigned to the project. Include an organizational chart that identifies the key team members.

• A resume and experience record for team members, including years of experience, education, role on project, and anticipated amount of time each will work on this project and location of each person. The resumes shall include references for job personnel.

4. Approach and Schedule

• Include an explanation as to how the Consultant understands project objectives.

• Statement on how the consultant’s staff will manage the project including quality control, budget, schedule, etc.

• Statement on how the consultant’s staff plan to communicate and engage throughout the project.

• Provide a detailed project plan, including timelines and milestones, methodologies, techniques, procedures, assumptions, and deliverables for each task referenced in the project scope.

• Provide a meeting list detailing the type, format (in person versus virtual), purpose, and proposed attendees with whom those meetings would be held for each task referenced in the project scope.

• Provide detailed description of the amount of time consultant will be spending in person in Gwinnett County or virtually for each task referenced in the project scope.

RP057-24 PAGE 8

5. Sustainability and Environmental Justice

• Detailed description on how project plan incorporates sustainability.

• Detailed description on how project plan incorporates environmental justice.

6. Cost Proposal (to be submitted in a separate sealed envelope)

A complete service cost proposal is requested in a separate sealed envelope for the purpose of reviewing costs after the selection committee has reviewed all proposals. Provide a cost proposal as outlined in the Cost Proposal within this Request for Proposal. Submit Fee Schedule in a separate sealed envelope clearly marked “COST PROPOSAL” and the Proposal number written on the outside of the envelope.

V. SELECTION PROCEDURES

Gwinnett County will select the consultant that adds the most value in achieving the key objectives related to the senior services assessment and strategic planning. The selection team will review proposals based on the following criteria:

Criteria Points

Phase I: Technical: Initially, proposals will be evaluated based on their relative responsiveness to the criteria described below and will be scored based on the point values as shown:

1 Introductory Letter, Firm Experience, and Firm Personnel Experience 30

2 Approach and Schedule 40

3 Sustainability and Environmental Justice 15

4 References 10

Sub-Total 95 Phase II: Cost Proposal: The Proposals will be evaluated in order to select the firms or teams which rate highest according to the criteria listed in Items 1-4 above. The selection committee may then short list the highest scoring firms. The fees of the shortlisted firms will then be opened and scored.

Sub-Total 110 Phase III: Optional Interviews: Firms may be short-listed for further consideration. At the Department’s discretion, interviews may be required of short-listed firms. If interviews are required, The County will issue information regarding format and desired areas of emphasis to all short-listed firms and 0-10 points will be assigned on the basis of interview results.

TOTAL 120

If a satisfactory Contract cannot be negotiated with the highest ranked proposer, negotiations may then be undertaken with the second ranked proposer and so on.

RP057-24 PAGE 9

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

PROPOSAL

COST PROPOSAL

(to be submitted in a separate sealed envelope)

Total lump sum fee to develop a solid waste management plan, per attached specifications.

This fee must include ALL costs associated with this project.

$______________________________________________________ LUMP SUM AMOUNT NOT TO EXCEED

***FOR INFORMATIONAL PURPOSES ONLY. Please attach a list of positions that will be used for this project and their hourly rates. This information will not be used in determining award.

Legal Business Name

Address

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

Representative Signature

Print Authorized Representative's Name

Telephone Number

Email Address

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

Telephone Number Email Address

RP057-24 PAGE 10

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

CONSULTANT INFORMATION

Please include this page as part of the proposal document and NOT with the Cost Proposal.

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

No. Dated No. Dated

Certification of Non-Collusion in Bid Preparation

(Signature) (Date)

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within one hundred and twenty (120) days of the date of quote 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 quote schedule. By submission of this quote, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

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 http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

RP057-24 PAGE 11

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

REFERENCES

Provide three (3) satisfactory references where a project with a scope and size similar as the proposed project has been completed within the past five (5) years. Each reference should include the customer name, address with current contact information, dates/duration of the project and a brief description of the project.

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. Customer Name/Address

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Customer Name/Address

Completion Date

Contract Amount $ Start Date

3. Customer Name/Address

Completion Date

Contract Amount $ Start Date

Company Name

RP057-24 PAGE 12

GWINNETT COUNTY, GEORGIA

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS

TYPE OF WORK

Company Name

RP018-22 PAGE 13

RP057-24, Provision of a Solid Waste Management Plan

CONTRACTOR AFFIDAVIT AND AGREEMENT

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

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

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

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

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: ___________________________

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

For Gwinnett County Use Only:

Document ID #________________

Issue Date: ___________________

Initials: ______________________

RP018-22 PAGE 14

CODE OF ETHICS AFFIDAVIT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION)

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

1.

(Company Submitting Bid/Proposal)

2. (Please check one box below)

No information to disclose (complete only section 4 below)

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

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

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. Sworn to and subscribed before me this

BY: day of , 20

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent Notary Public

Title of Authorized Officer or Agent of Contractor (seal)

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

RP057-24 PAGE 15

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

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.

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

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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 Insurance and Safety Fire Commissioner (“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 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

RP057-24 PAGE 17

• 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 Riggers Liability Insurance.

RP057-24 PAGE 18

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

RP057-24 PAGE 19

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

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 Insurance and Safety Fire Commissioner (“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 a 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.

RP057-24 PAGE 20

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 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.

RP057-24 PAGE 21

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

RP057-24 PAGE 22

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…