RP008_26 INV.pdf

RP008-26 Page 1

May 7, 2026

REQUEST FOR PROPOSAL

RP008-26

The City of Lawrenceville is soliciting competitive proposals from qualified contractors for the Community & Economic Development Department. The purpose of this RFP is to establish a contract, by means of a proposal, for a qualified provider of Aerial Drone Show for the America 250 event, in partnership with Gwinnett County.

Quotes should be typed or submitted in ink and returned to the Attention of Kenneth Morris, Purchasing Director. Quotes should be received by 2:00 P.M. local time on May 26, 2026 by e-mail to purchasing@lawrencevillega.org.

Questions regarding quotes should be directed in writing to Kenneth Morris, Purchasing Director, at purchasing@lawrencevillega.org. Quotes are legal and binding upon the bidder when submitted.

Successful contractor 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.

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

Award will be made to the contractor submitting a quote that’s in the best interest and value to the City including shell count, previous performance (if applicable), experience, etc. The City of Lawrenceville reserves the right to reject any or all quotes, to waive technicalities, and to make an award deemed in its best interest. All quotes may be split or awarded in entirety.

We look forward to your quote and appreciate your interest in the City of Lawrenceville.

Kenneth Morris, Purchasing Director

The following should be returned as your quote: Quote Schedule, Page 6-7 References, Page 8 Contractor Affidavit, Page 9 mailto:purchasing@lawrencevillega.org

RP008-26 Page 2

Scope of Work / Requirements

The City of Lawrenceville is seeking a contractor to design, produce, and execute a synchronized aerial drone light show at 9:30 PM on Saturday, August 1, 2026, as part of the City’s America 250 Celebration.

The anticipated budgeted amount for this display is $15,000.

The staging and launch area will take place at the Gwinnett County Justice & Administration Center located at 75 Langley Drive, Lawrenceville, GA 30046. The viewing area and site footprint will be similar to that utilized for the City’s annual fireworks display.

Proposer shall be responsible for all labor, machinery, tools, means of transportation, software, supplies, equipment, materials, services, FAA compliance, permitting, and incidentals necessary to perform the drone light show for the City of Lawrenceville.

The selected contractor shall design and execute a high-quality aerial drone light show consisting of 150 or more synchronized drones, creating animated formations in the sky through coordinated flight patterns and LED lighting.

Preference may be given to local or regional drone show providers capable of conducting an in-person site visit prior to proposal submission or contract award.

The proposals for Drone Displays must include the following:

Experience, Qualifications, and Past Performance

Proposers shall demonstrate at least three (3) years of experience providing professional drone light shows at large public events.

Bidders must provide the City with the names, addresses, telephone numbers, and email addresses of at least three (3) other organizations, municipalities, or government agencies for whom a similar type of drone show has been performed in the past twenty-four (24) months.

Experience coordinating drone operations within FAA regulations, local airspace restrictions, and large public event environments should be clearly described.

Preference may be given to firms with experience producing patriotic or civic celebration drone displays.

METHODOLOGY, APPROACH, AND QUALITY OF SHOW DESIGN/DISPLAY

Proposals shall include a detailed narrative describing the proposed drone light show design and execution.

The proposal must include:

• Total number of drones to be used (minimum 150 drones).

• 20–23 total animations or visual sequences throughout the show.

• 4–8 customized animations specifically designed for the City of Lawrenceville and the America

250 Celebration theme.

• A storyboard or description of each animation, including sequence order and approximate duration.

• Total length of the show (recommended duration: approximately 15 minutes).

• Description of synchronization with music, if included.

• Description of the control systems and redundancy protocols used to ensure safe and reliable drone operation.

• A detailed price breakdown including production, programming, travel, staffing, setup, flight operations, and teardown.

• All supplies and equipment necessary to perform the drone show as proposed.

• Transportation of equipment, supplies, and personnel necessary to present the display.

• A contingency plan in case technical issues arise during the drone show.

RP008-26 Page 3

PERFORMANCE STANDARDS: CONTRACTOR must:

• Observe and comply with all Federal Aviation Administration (FAA) regulations, including

Part 107 requirements, as well as any applicable state and local aviation or safety regulations governing drone flight operations.

• Provide a fully synchronized computer-controlled drone flight system capable of executing programmed animations with precision and safety.

• Provide a minimum of 150 drones capable of producing coordinated light animations visible to the public viewing area.

• Maintain appropriate flight safety zones and ensure safe operation throughout the duration of the show.

• Obtain all required FAA waivers, flight authorizations, airspace approvals, and local permits in accordance with federal, state, and local laws.

• All permits and approvals shall be the responsibility of the Drone Company and must be submitted to the City no later than four (4) weeks prior to the show (July 1, 2026).

• Allow access to operations by local public safety officials including Gwinnett County Fire Marshal and law enforcement on the day of the event.

• Contractor will be responsible for setup, testing, operation, teardown, and removal of all equipment, restoring the launch area to its original condition following the show.

SITE ACCESS AND EVENT OPERATIONS

• The drone launch area will be located at the Gwinnett County Justice & Administration Center

• If the launch site changes, we will discuss new launch locations with the company.

• A site visit is required for the selected contractor to confirm staging area, safety perimeter, and operational needs.

• The event footprint and required road closures will be similar to those used during the City’s annual fireworks display.

• Contractor must coordinate with the City regarding:

• Right of Entry to Gwinnett County property

• Launch zone setup

• Crowd safety perimeter

• Event timing and staging logistics

PERSONNEL / OPERATIONS

• The contractor shall provide a sufficient number of qualified drone pilots, technicians, and support personnel to safely conduct the show.

• All drone operators must possess appropriate FAA certifications and experience operating synchronized drone fleets at large public events.

• The contractor must designate a lead operations manager responsible for coordinating with City staff and public safety officials on the day of the event.

TIME OF DISPLAY

• The drone show shall begin promptly at 9:30 PM upon the Event Organizer’s signal to align with the conclusion of the live entertainment portion of the event.

CONTRACTOR RESPONSIBILITIES

• Contractor shall, at a minimum, ensure the following:

• Provide working cellular communications for the operations manager and designated CITY staff on the day of the show.

• Provide to the designated CITY staff, no less than two (2) weeks prior to the event, a finalized animation sequence list and show timeline.

• Provide to the CITY, as early as possible but no less than three (3) weeks prior to the event, copies of all required permits, FAA authorizations, and regulatory approvals.

• Provide written procedures outlining plans for weather delays, technical malfunctions, or operational interruptions.

• Allow access of contractor operations to the Gwinnett County Fire Marshal and public safety officials on the day of the display.

RP008-26 Page 4

CITY RESPONSIBILITIES

• The City shall, at a minimum, ensure the following:

• Police presence to be available for patrolling the display area to maintain a safety zone around the launch area.

• Coordination with Gwinnett County for Right of Entry and site access.

• A member from the CITY Community & Economic Development Department to coordinate with the contractor and act as the City’s representative.

• Assistance coordinating road closures and event logistics consistent with previous fireworks operations.

INCLEMENT WEATHER: In the event the show is postponed or canceled due to weather conditions (as determined by CITY personnel), the CITY reserves the right to reschedule or cancel the display.

• Contractor shall outline within the proposal any fees or conditions associated with postponement, rescheduling, or cancellation due to weather conditions.

BUDGET FOR DISPLAY

• The City budget for the drone display is $15,000

• Bidders may present the full value of the show; however, the total amount paid by the City shall not exceed $15,000.

Design Requirements

The proposed drone light show should prioritize visual fullness, fluid motion, and dynamic transitions throughout the performance. The animation sequences should maximize the visual impact of the drone formations while maintaining continuous audience engagement.

To achieve this effect:

• Minimal static formations: Drone animations that remain stationary for extended periods without movement or transformation will not be considered competitive. Formations should evolve, transition, or morph into new designs to maintain visual interest.

• Full-sky composition: Each animation sequence should utilize the drone fleet to create visually balanced formations that fill the viewing area of the sky. Displays should avoid sparse arrangements and instead focus on bold, clearly recognizable imagery.

• Layered motion and transformation: Vendors are encouraged to design animations that incorporate morphing shapes, expanding patterns, motion paths, and multi-stage transitions.

These layered movements should create depth, dimension, and fluid storytelling within the show.

• Rhythmic variation: Momentary pauses or slower animation sequences may be included for pacing but should be intentionally choreographed and limited in duration. Transitions between animations should feel smooth and purposeful.

• Thematic storytelling: The animation sequence should follow a cohesive narrative or theme appropriate for the America 250 Celebration, incorporating patriotic imagery, celebratory symbols, or custom graphics relevant to the City of Lawrenceville.

INSURANCE REQUIREMENTS – The selected Drone Company agrees to provide Liability Insurance containing contractual Indemnification Coverage in the amount of five million dollars ($5,000,000.00), in addition to Worker’s Compensation Insurance for operators and crew members no later than thirty days prior to the scheduled event, naming the following on the Certificate of Insurance as Additional Insured:

City of Lawrenceville 70 S. Clayton St.

PO Box 2200 Lawrenceville, Georgia 30046

Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, Georgia 30046

RP008-26 Page 5

REFERENCES

Offeror shall provide a list of references for the last three (3) clients/projects of similar size and scope as proposed in this Request for Proposal.

The City reserves the right to contact references and utilize any additional information deemed necessary to establish the ability of the offeror to perform the conditions of the contract.

The reputation of the Offeror regarding the adequacy of past performance on projects of this type and magnitude shall be considered when making the award.

ADDITIONAL CONSIDERATIONS

• The City will consider the following when awarding the contract:

• The ability, capacity, and skill of the bidder to perform the contract.

• The character, integrity, reputation, judgment, experience, and efficiency of the contractor.

• The quality of performance on previous contracts of similar size and budget.

• Ability to provide a creative, visually impactful drone show experience appropriate for the America

250 Celebration.

RP008-26 Page 6

Quote Schedule

Failure to return this page as part of your bid document may result in rejection of bid.

Delivery will be F.O.B. Destination to: City of Lawrenceville 70 South Clayton Street

P O Box 2200 Lawrenceville, GA 30046

ITEM # DESCRIPTION TOTAL PRICE

1 Aerial Drone Show for the America 250 event

TOTAL PRICE

• Item pricing should also include any additional shipping or freight costs associated with each individual item

The City of Lawrenceville 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 City to declare bid non-responsive.

Evaluation of Bids and Alternates

Bidders are fully responsible for submitting pricing for the base bid and all alternate and/or optional bid items as identified in the Bid Schedule. After bid opening, the City reserves the right to evaluate the base bid and any combination of alternates or optional items to determine the scope of work that best meets the City’s operational needs, project priorities, and available funding. The City will determine the lowest responsive and responsible bidder based on the base bid and those alternates or optional items selected by the City. The City is not obligated to accept all alternates or optional items and may award the contract based on the base bid only or the base bid plus any combination of alternates.

Termination for Cause: The City may terminate this agreement for cause upon ten (10) days prior written notice to the supplier of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City’s rights or remedies by law.

Termination for Convenience: The City may terminate this agreement for its convenience at any time upon thirty (30) days written notice to the contractor. In the event of the City’s termination of this agreement for convenience, the contractor will be paid for those services actually performed.

Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the supplier, RP008-26 Page 7 which shall itemize each element of performance.

Certification of Non-Collusion in Bid Preparation Signature Date

The City requires that all who enter into a contract for the physical performance of services with the City must satisfy O.C.G.A. § 13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract.

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the City Council within ninety (90) days of the date of bid 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.

Legal Business Name

Federal Tax ID

Address

Representative Signature Printed Name

Telephone Number Fax Number

E-mail address

RP008-26 Page 8

Failure to return this page as part of your quote document may result in the rejection of the quote.

REFERENCES

City of Lawrenceville requests a minimum of three, (3) references where work of a similar size and scope has been completed.

1. Company Name

Brief Description of Project

Completion Date

Contact Person

Telephone Facsimile

E-Mail Address

2. Company Name

3. Company Name

Company Name

RP008-26 Page 9

Solicitation Name & No.: RP008-26 America 250 Drone Show Display Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor

Name of Public Employer

Street Address

City/State/Zip Code

Executed on , , 20 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF , 20 . NOTARY PUBLIC

My Commission Expires:

RP008-26 Page 10

STANDARD INSURANCE REQUIREMENTS

(For projects less than $1,000,000)

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations) Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) The following additional coverage must apply Additional Insured Endorsement Concurrency of Effective Dates with Primary Blanket Contractual Liability Drop Down Feature Care, Custody, and Control - Follow Form Primary Aggregates: Apply Where Applicable in Primary Umbrella Policy must be as broad as the primary policy

5. The City of Lawrenceville (and any applicable Authority) should be shown as an additional insured on General

Liability, Auto Liability and Umbrella Liability policies.

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

7. Certificate Holder should read:

City of Lawrenceville 70 S. Clayton St.

P.O. Box 2200

Gwinnett County Board of Commissioners 75 Langley Drive

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain

Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

RP008-26 Page 11

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

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

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

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

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

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

15. The Contractor shall agree to waive all rights of subrogation against the City of Lawrenceville, the Mayor, City

Council members, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

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

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

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

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

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

Rev. 05/15

RP008-26 Page 12

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 CITY

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

RP008-26 Page 13

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 CITY-means Lawrenceville, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia.

1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by CITY 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 CITY 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 CITY 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 CITY, 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 CITY who shall act as Liaison between the CITY 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

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

RP008-26 Page 14 order:

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3 CHANGES AND EXTRA WORK

The CITY 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 CITY 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 CITY. Primary liaison with the CITY 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 CITY 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 CITY 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 CITY, 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 CITY 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

CITY.

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

7 TERMINATION OF AGREEMENT FOR CAUSE

If through any cause the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this

RP008-26 Page 15

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

8 TERMINATION FOR CONVENIENCE OF THE CITY

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

All such expenses shall be properly documented and submitted to the CITY for processing and payment. The CITY shall be the final authority in the event of any disputes over authorized costs between the CITY and the Service Provider.

9 SERVICE PROVIDERS TO COOPERATE WITH OTHER SERVICE PROVIDERS

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

10 INDEMNIFICATION

SERVICE PROVIDER agrees to protect, defend, indemnify, and hold harmless the CITY, its mayor, counsel, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the SERVICE PROVIDER. SERVICE PROVIDER'S obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

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

11 COVENANT AGAINST CONTINGENT FEE

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

12 INSURANCE

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

The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Worker's Compensation insurance in

RP008-26 Page 16 accordance with the laws of the State of Georgia.

The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that as stated in the Bid Proposal.

Additionally, SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that as stated in the Bid Proposal.

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

13 PROHIBITED INTERESTS

13.1 Conflict of Interest: The SERVICE PROVIDER agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder.

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

14 SUBCONTRACTING

The SERVICE PROVIDER shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the DEPARTMENT's prior written approval of the subservice provider, except as may have been specifically stated in the SERVICE PROVIDER'S response to proposal per Exhibit A. The DEPARTMENT will not approve any subservice provider for work covered by this Agreement that has not been recommended for approval by the Department Director.

All subcontracts in the amount of $5,000 or more shall include the provisions set forth in this Agreement.

15 ASSIGNABILITY

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

16 EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Agreement, the SERVICE PROVIDER agrees as follows: (1) the SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin;

(2) the SERVICE PROVIDER will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the SERVICE PROVIDER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subservice provider, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.

17 ANTI-KICKBACK CLAUSE

Salaries of architects, draftsmen, technical engineers and engineers, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The SERVICE PROVIDER hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement.

18 AUDITS AND INSPECTORS

At any time during normal business hours and as often as the CITY may deem necessary, the SERVICE PROVIDER shall make available to the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY to audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

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The SERVICE PROVIDER shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request. The SERVICE PROVIDER agrees that the provisions of this Article shall be included in any Agreements it may make with any subservice provider, assignee, or transferee.

19 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE

All documents and materials prepared pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless and indemnify the SERVICE PROVIDER against all claims arising out of such use of documents and materials without the SERVICE PROVIDER'S knowledge and consent.

20 VERBAL AGREEMENT OR CONVERSATION

No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the SERVICE PROVIDER to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.

21 INDEPENDENT SERVICE PROVIDER

The SERVICE PROVIDER shall perform the services under this Agreement as an independent service provider and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the SERVICE PROVIDER or any of its agents or employees to be the agent, employee, or representative of the CITY.

22 NOTICES

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

RP008-26 Page 18

ONE TIME

SERVICE PROVIDER CONTRACT

This CONTRACT made and entered into this day of , 20 by and between the City of Lawrenceville, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia (Party of the First Part, hereinafter called the "City"), and, (Party of the Second Part, hereinafter called the "Service Provider").

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

1. TERM:

This contract shall commence .

2. ATTACHMENTS:

Copies of the Service Provider's proposal, including all drawings, specifications, price lists, Instructions to Bidders, General Conditions, Special Provisions, and Detailed Specifications submitted to the City during the Bid process (hereinafter collectively referred to as the "Bid ") are attached hereto (Exhibit A) and are specifically incorporated herein by reference. In the event of a conflict between the City's contract documents and the Bid, the City's contract documents shall control.

3. PERFORMANCE:

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

4. PRICE:

As full compensation for the performance of this Contract, the City shall pay the Service Provider for the actual quantity of work performed, which shall in no event exceed $ . The fees for the work to be performed under this Contract shall be charged to the City in accordance with the rate schedule referenced in the Bid Proposal (Exhibit A). The City agrees to pay the Service Provider following receipt by the City of a detailed invoice, reflecting the actual work performed by the Service Provider.

5. INDEMNIFICATION AND HOLD HARMLESS:

Service Provider agrees to protect, defend, indemnify, and hold harmless the CITY, its mayor, city council members, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors, or omissions of the Service Provider. Service Provider's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

Service Provider further agrees to protect, defend, indemnify, and hold harmless the CITY, its Mayor, City Council members, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the Service Provider.

6. TERMINATION FOR CAUSE:

The City may terminate this Contract for cause upon ten (10) days prior written notice to the Service Provider of the Service Provider's default in the performance of any term of this Contract. Such termination shall be without prejudice to any of the City's rights or remedies provided by law.

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7. TERMINATION FOR CONVENIENCE:

The City may terminate this Contract for its convenience at any time upon 30 days written notice to the Service Provider. In the event of the City's termination of this Contract for convenience, the Service Provider will be paid for those services actually performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider who shall itemize each element of performance.

8. CONTRACT NOT TO DISCRIMINATE:

During the performance of this Contract, the Service Provider will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, or disability which does not preclude the applicant or employee from performing the essential functions of the position. The Service Provider will also, in all solicitations or advertisements for employees placed by qualified applicants, consider the same without regard to race, creed, color, sex, national origin, age, or disability, which does not preclude the applicant from performing the essential functions of the job. The Service Provider will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subservice provider, providing that the foregoing provisions shall not apply to contracts or subservice providers for standard commercial supplies of raw materials.

9. ASSIGNMENT:

The Service Provider shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous consent of the City in writing.

10. WAIVER:

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

11. SEVERABILITY:

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

12. GOVERNING LAW:

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

13. MERGER CLAUSE:

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

[Signatures Next Page]

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CITY OF LAWRENCEVILLE, GEORGIA

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

LAWRENCEVILLE, GEORGIA

By:

Chuck Warbington, City Manager City of Lawrenceville, Georgia

ATTEST:

Signature

Karen Pierce, City Clerk City of Lawrenceville, Georgia

SERVICE PROVIDER:

BY:

Print Name

Title

ATTEST:

Print Name (Seal)

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CITY OF LAWRENCEVILLE

PURCHASING DEPARTMENT

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

A. Each bidder shall examine the drawings, specifications, schedule and all instructions. Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response.

B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

C. Individuals, firms and businesses seeking an award of a City of Lawrenceville contract may not initiate or continue any verbal or written communications regarding a solicitation with any City officer, elected official, employee or other City 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 City Counsel. Violations will be reviewed by the Purchasing Manager.