RP025_25 Inv.pdf

RP025-25 Page 1

RP025-25

REQUEST FOR PROPOSALS (RFP)

2.105 Acre Site at Gwinnett County Airport- Briscoe

Field (LZU)

510 (Parking Lot) Briscoe Boulevard

SECTION I – INSTRUCTIONS

1. DESCRIPTION – STATEMENT OF NEED:

1.1 Gwinnett County (“County”) and the Gwinnett County Airport Authority

(“Authority”) invite responses to this Request for Proposals (RFP) from qualified firms (“Respondents”) desiring to finance, build, manage, and operate a commercial general aviation business or aircraft hangar facility at Gwinnett County Airport – Briscoe Field (“Airport” or “LZU”). The airport is offering a 2.105-acre parcel of land that contains existing ramp space and a parking lot.

The property must be leased and developed in accordance with the Proposed Airport Lease Agreement (“Lease”) appearing in Exhibit A – Sample Lease, and all other provisions of this RFP.

1.2 In addition to the Lease and the provisions of the RFP, proposers will also need to meet the responsibilities described below which include but are not limited to:

A. Adherence to the Airport’s Minimum Standards (Exhibit B) B. Adherence to the Airport’s Master Plan (Exhibit C) C. Adherence to the Airport’s Architectural Standards (Exhibit D) D. Adherence to the Federal Aviation Administration’s (FAA’s) standards for aviation use (e.g., residential, and non-aviation related retail development is prohibited), and the FAA’s Policy on Non-Aeronautical Use of Airport Hangars https://www.govinfo.gov/content/pkg/FR-2016-06-15/pdf/2016-14133.pdf

1.3 The County and Authority will not pay for the preparation of any information submitted by a Respondent or for the County’s and/or Authority’s use of that information.

2. SCHEDULE OF EVENTS:

Public Posting of RFP September 3, 2025

Pre-Proposal Conference https://www.govinfo.gov/content/pkg/FR-2016-06-15/pdf/2016-14133.pdf

RP025-25 Page 2

In person at 600 Briscoe Blvd., Lawrenceville, GA 30046 10:00 a.m. (EDT) September 12, Site Tour Immediately Following the Pre- Proposal Conference.

Site Tour Address: 520 Briscoe Blvd. Lawrenceville, GA 30046

Written Questions Due Date September 16, 2025 at 4:00 p.m.

RFP Due Date September 30, 2025 at 2:50 p.m.

The County and/or Authority reserves the right to change dates and/or locations as necessary.

3. PRE-PROPOSAL MEETING:

A Pre-Proposal Meeting will be held in person at 600 Briscoe Blvd., Lawrenceville, GA 30046 on the date and time listed above in Section 2 – Schedule of Events.

To request a reasonable accommodation or an alternative format for the pre-proposal meeting or the site tour (see below), please contact the County’s ADA coordinator, Mr.

Matthew Eason, 75 Langley Drive, Lawrenceville, GA 30046 at 770.822.8165 or at Matthew.Eason@GwinnettCounty.com no later than seven (7) working days prior to the meeting and/or site tour.

Attendance at the pre-proposal meeting or site tour (see below) is not required to submit a proposal.

4. SITE TOUR:

In addition to the Pre-Proposal Meeting, a site tour of the area will be offered immediately following the Pre-Proposal Meeting.

Questions will not be taken during the site tour. The site tour is an opportunity for Respondents to see the site in person, and to develop any questions that can then be submitted in writing to the Purchasing Representative.

5. INQUIRIES:

All questions that arise relating to this RFP should be directed in writing via e-mail or U.S.

Mail to the Purchasing Representative:

Mr. Michael Milstein, Purchasing Associate II

75 Langley Drive, Nash Building 4th Floor.

Lawrenceville, GA 30046 Michael.Milstein@GwinnettCounty.com mailto:Matthew.Eason@GwinnettCounty.com

RP025-25 Page 3

All questions must be received by the due date indicated in Section 2.

No informal contact initiated by Respondents on the proposed service will be allowed with members of the County or Airport Authority from the distribution of this RFP until after the closing date and time for the submission of responses. All questions concerning the RFP, or issues related to this RFP must be presented in writing to the Purchasing Representative.

The Purchasing Representative will answer written inquiries in an addendum and publish any addendums on the Purchasing Webpage to ensure all parties have the same information available to them.

6. PUBLIC RECORD:

All responses submitted in response to this RFP will become the property of Gwinnett County. All information submitted in response to this RFP will be kept confidential until final award or other public action by the Gwinnett County Board of Commissioners in accordance with the Georgia Open Records Act. By submitting a proposal, Respondent acknowledges that all hard copy and electronic documents, correspondence, and audio recordings will become part of the files subject to open records requests in accordance with the Georgia Open Records Act.

7. RESPONDENT EXPERIENCE:

The County and Authority encourages interested parties with a record of accomplishment in operating a commercial general aviation business or aircraft hangar facility to respond to this RFP.

8. GENERAL INFORMATION:

A. Disclaimer: There is no warranty or representation as to the accuracy of the information included in this RFP. Any site plans depicted herein are illustrative and include approximations which are subject to change. It is the responsibility of the Respondent to visit the site during the timeframe specified in the notice for information.

B. This RFP, submissions from Respondents to this RFP, and any relationship between the County/Authority and Respondent arising from or connected or related to this RFP, are subject to the specific limitations and representations expressed below, as well as the terms contained elsewhere in this RFP. By participating in the selection process, Respondents are deemed to accept and agree to these conditions. By submitting a response to this RFP, the entity acknowledges and accepts Gwinnett County’s rights as set forth in the RFP.

mailto:Michael.Milstein@GwinnettCounty.com

RP025-25 Page 4

C. County/Authority reserves the right, in its sole discretion, without liability, to qualify or reject any or all the RFP responses. This RFP shall not be construed in any manner to create an obligation on the part of the County/Authority to enter into any agreement, nor to implement any of the actions contemplated herein, nor to serve as a basis for any claim whatsoever for reimbursement of costs for efforts expended in preparing a response to the RFP or participating in the selection process.

D. County/Authority reserves the right in its sole discretion to hold discussions with, to obtain information from, to request presentations from, and to conduct negotiations with, any or all Respondents that County/Authority deems appropriate.

County/Authority reserves the right, as it deems its interests may require in its sole discretion, to accept or reject any or all submissions, to waive any informality, informalities or nonconformity in the submissions received, and to accept or reject any or all items in a submission.

E. Failure to respond to any of the items required by the RFP could result in a Respondent’s RFP response being rejected. In all events, County/Authority shall not be liable for any costs associated with the preparation, clarification, or negotiation of responses submitted to this RFP.

F. A response to this RFP is not an offer to enter into an agreement with any party and cannot be accepted to form a binding contract. This document is not an offer to enter into an agreement with any party. No agreements or understandings between County/Authority and the selected Respondent(s) shall be binding until after Gwinnett’s Board of Commissioners, in a public meeting, has authorized binding documents that will be executed by all appropriate parties. County/Authority reserves the right to reject any and all submittals and to waive any immaterial defects and irregularities in proposals at any time in its sole discretion.

G. County/Authority will not reimburse any party for costs incurred in responding to this RFP, including the development of architectural or planning documents or drawings.

RP025-25 Page 5

SECTION II – SCOPE OF PROPOSALS

1. INTRODUCTION:

Gwinnett County owns and operates LZU and is requesting proposals from qualified Respondents to operate a commercial general aviation business or private aircraft hangar facility.

2. BACKGROUND:

Gwinnett County is a cosmopolitan community in the northeast metropolitan Atlanta area that is home to a vibrant, diverse blend of people and places. It is the second most populous county in Georgia and has been one of the fastest growing counties in the United States for several decades.

LZU is a general aviation reliever airport for Hartsfield-Jackson International Airport (ATL). It is categorized by the FAA as an airport of national significance and is the third busiest airport in Georgia based on number of operations, trailing only DeKalb Peachtree (PDK) airport and Atlanta Hartsfield Jackson International Airport (ATL).

The airport is located on approximately 500 acres northeast of the city of Lawrenceville adjacent to Georgia State Route 316. The airport has a single 6,000-foot long by 100-foot-wide grooved asphalt runway with a dual wheel landing capacity of 120,000 lbs.

Runway 25 has a full Instrument Landing System (ILS). The airport has an Air Traffic Control Tower that is in operation from 7:00 a.m. to 9:00 p.m. year-round.

3. SITE DESCRIPTION:

The area available for lease is a 2.105-acre parcel of land that contains an existing ramp space, parking lot, and taxi lane. The site is located on the South side of the airfield and has access to the runways via Taxiway Whiskey.

RP025-25 Page 6

FIGURE 1

RP025-25 Page 7

FIGURE 2

RP025-25 Page 8

The height of any proposed developments on the leased area will be restricted by Federal Aviation Administration (FAA) airspace-related restrictions. It is up to the Respondent to do their due diligence on the requirements. The development area is offered “as is” and in its present condition. The County and Authority make no warrants regarding the condition of the parcel(s) including, but not limited to, its soil condition or existing utilities.

The successful Respondent must submit a Federal Aviation Administration (FAA) Form 7460 and receive a Determination of No Hazard from the FAA PRIOR TO BEGINNING ANY CONSTRUCTION ACTIVITIES. This requirement is to ensure the construction does not create an obstruction to air navigation, operationally impact the airport, or cause interference with any radio navigation aids.

4. PERMITTED USES

The lease shall permit the successful Respondent to use the leased premises for the operation of a commercial aviation-related business in accordance with the airport’s Minimum Standards, or to operate an aircraft storage hangar. Any stored aircraft shall be airworthy and comply with the FAA’s Policy on Non-Aeronautical Use of Airport Hangars. The successful Respondent may use the facility for general office purposes related to aircraft operations.

The successful Respondent may sublease use of the hangar(s) to third parties for aviation related purposes. Any sublease, sale, or transfer of the Lease will require written approval by the County and Authority.

The successful Respondent shall be responsible for and shall pay for maintenance and repair of land, structure, utilities, and facilities located upon the premises during the term of the subject Lease. The successful Respondent shall be responsible for all grass cutting, landscaping, and routine cleaning of the lease premises.

5. IMPROVEMENTS TO BE CONSTRUCTED BY SELECTED RESPONDENT:

As stated previously, Respondents must build, manage, and operate a commercial general aviation business or aircraft hangar facility

The Airport Authority has selected the following colors for all hangar construction:

Body Color (main building color) – Sherwin Williams Monorail Siver (SW 7663) Accent Color (hangar doors, eaves above doors or entrance ways, etc.) – Sherwin Williams Salty Dog (SW 9177) Trim Color (window trim, flashings, etc.) – Sherwin Williams Gauntlet Grey (SW 7019)

New hangar construction will be required to be painted in these colors. Hangar color selection is not negotiable.

A fuel farm or other permanent fueling facility will NOT be considered on this site.

RP025-25 Page 9

The selected Respondent will finance, design, and construct all required utility extensions including, but not limited to, water, sanitary sewer, telephone, and electric power at no cost to the County/Authority.

ALL proposed improvements to the leased area MUST be scheduled to be completed within 2 years of the start of the lease agreement. Proposals should include a timeline detailing when improvements will be completed. Permitting should not take longer than 6 months, and construction should begin no later than 12 months after the start of the lease.

6. LEASE TERMS:

The Lease is offered as a 25-year term. Up to three (3) additional 5-year renewals may be added to the lease term for a maximum term of 40 years. Any additional 5-year renewal, above the initial 25-year term, must be justified based on the improvements being made to the site or other investments being made that will benefit the airport and County/Authority to justify the additional term. For comparison/reference recent leases have required multi-million-dollar improvements to justify additional terms beyond 25 years.

40 years is the maximum lease term, and no further extensions will be provided beyond 40 years. At the conclusion of the lease term, the leasehold and ALL improvements shall revert to County ownership.

An appraisal of the property in an “as-is” condition has been prepared (Exhibit F), and a triple-net fair market value monthly rent of $5,732.00 per month was determined. The minimum rent offer accepted is $5,732.00 per month. Proposals offering a rate less than $5,732.00 per month will be deemed non-responsive.

The lease rate will include a Consumer Price Index increase every three (3) years, and every ten (10) years there will be a provision to have the rent set by a Market Rent Analysis.

The rental amount above is a “triple-net” rent with the tenant responsible for all expenses to include utilities, insurance, taxes, and all repairs and maintenance.

Therefore, the successful Respondent shall be responsible for and shall pay for all maintenance and repair of the land, structures, utilities, and facilities located upon the leasehold during the term of the Lease. The successful Respondent shall be responsible for all grass cutting, landscaping, trash removal, and routine cleaning of the lease premises. The Respondent shall be responsible for all taxes and assessments to the site.

In addition to paying rent, the Respondent may be required to make monthly deposits into a capital expenditure reserve account for capital improvements and renovations (a

RP025-25 Page 10 premises repair escrow account). This account will be held by the County but is intended to be used by Respondent to finance repairs required to be made to the premises over the life of the lease. The monthly deposit amount will be determined once the facility construction is completed, and an appraisal of estimated future repair costs can be made. The maximum monthly deposit shall not exceed $3,000.00 if the County elects to require use of a premises escrow account.

The respondent must meet the insurance requirements set forth in the Lease document.

Insurance requirements may vary depending on the type of activity proposed/value of aircraft being stored.

The successful Respondent will be required to certify that the hangar will serve as the Primary Home Base (as that term is defined by O.C.G.A. Section 48-5-16(e)) for all aircraft parked in the hangar or provide an explanation as to any aircraft for which such a certification cannot be made. The County shall solely decide whether such certification is acceptable.

7. EVALUATION CRITERIA

8. The selection committee will consist of five evaluators from Gwinnett County, and the

Gwinnett Airport Authority, with one (1) independent evaluator designated by the County's Purchasing Division. The “independent evaluator” will be a Gwinnett County staff member outside of the Department of Transportation. All information pertaining to this RFP will be subject to Open Records after award. The proposals will be evaluated to select the Respondent that rates highest according to the criteria listed in this document. The County will evaluate all proposals based on the first six criteria; then, if necessary, may invite several of the highest scoring firms for interviews and presentations.

If interviews/presentations are necessary, the number of firms invited will be at the discretion of the selection committee. If interviews are necessary, the dates and nature of the interview requirements will then be relayed to the invited firms. The interviews and presentations will be conducted, and the selection committee will tabulate the results of the interviews with the previous scoring. The highest scoring company/companies will be determined, and the selection committee will make a recommendation of award to the Purchasing Division.

Gwinnett County reserves the right to negotiate price, scope, and schedule with the highest scoring firm(s). If for any reason a recommended firm cannot execute the contract, the County may select a firm with the next highest scoring proposal, etc. until an agreement is reached, and a contract is executed.

Upon the County's award of the contract, the County will present an agreement for execution to the selected Company. If execution of this agreement with the selected

RP025-25 Page 11

Company is unsuccessful, the County will negotiate with the next highest ranked Company and so on until a satisfactory agreement has been reached.

Proposal Evaluation Criteria

Proposals will be evaluated based on the following criteria:

Criteria Points Terms of Lease 15 Qualifications of the Company and business approach 15 Rent and Financial Benefits to the County 20 Site improvements 25 Intangible Benefits 15 References 10

PROPOSAL TOTAL POINTS 100 Points Interview (If applicable) 15 Maximum Total Points 115

9. CONTRACT AWARD INFORMATION

If the selected Proposer(s) refuses or fails to enter contract negotiations within five (5) days after notification, then Gwinnett County may award the contract to the next highest scoring individual or company.

The period specified above, within which award of contract may be made, is subject to extension by agreement between Gwinnett County, the concerned Proposer, and the Proposer's surety, if applicable.

Gwinnett County will make no guarantees to any Proposer until such time as the Gwinnett County Board of Commissioners approves the negotiated contract.

10. EVALUATION CRITERIA

1) Terms of Lease:

The term of the lease will be for twenty-five (25) years. Options to extend the lease beyond 25 years may be considered if site improvements and other investments justify them. If a proposal requests a term greater than 25 years, Proposers should specifically identify the site improvements, investments, and reasons the term should be extended.

This justification should be provided in a narrative or other format to clearly indicate the reasons for an extended term.

Proposals asking for a term longer than 25 years but not providing justification for the additional term will be scored lower than proposals providing justification.

RP025-25 Page 12

Forty (40) years is the maximum lease term. No term greater than 40 years will be considered.

All improvements made during the term of the lease will revert to County ownership upon termination of the lease. Therefore, proposals with shorter proposed terms will be scored higher than proposals with longer terms.

2) Qualifications of Company and Business Approach:

The County is seeking a qualified individual or company to finance, build, manage, and operate a commercial general aviation business or aircraft hangar facility at Gwinnett County Airport – Briscoe Field. Each proposer must be able to prove their ability to finance, build, manage and operate a commercial general aviation business or aircraft hangar facility.

Financial ability, previous experience managing a general aviation business and/or aircraft hangar facility will be considered during the proposal evaluation.

Each proposal must contain adequate financial information to assure the County that any proposed aviation business will be successful and that any proposed site improvements/construction can be completed. This should include sources of funding.

Each proposer should also provide a narrative or other sources of information to demonstrate that they understand the Gwinnett County Standard and provide an explanation as to how their facility will meet that Standard.

3) Rent and Financial Benefits to the County:

An appraisal of the property in an “as-is” condition has been prepared (Exhibit F), and a triple-net fair market value monthly rent of $5,732.00 per month was determined. The minimum rent offer accepted is $5,732.00 per month. Proposals offering a rate less than $5,732.00 per month will be deemed non-responsive.

Proposals providing the greatest amount of rent to the County will be scored higher than proposals offering less. Respondents may propose changing the market rate adjustment period, the CPI adjustment period, propose a rental rate higher than the minimum rent, etc., to differentiate their proposals from others.

In addition to rent, the successful Respondent will be required to certify that the hangar will serve as the Primary Home Base (as that term is defined by O.C.G.A. Section 48-5- 16(e)) for all aircraft parked in the hangar and to provide an explanation as to any aircraft for which such a certification cannot be made. Proposals to park higher value aircraft in the hangar(s), or a larger number of aircraft, will be scored higher than proposals with lower value aircraft or less aircraft. An estimated value of aircraft to be parked in the hangar(s) should be provided in the proposal.

RP025-25 Page 13

4) Site Improvements:

Respondent acknowledges that they are leasing the area in a “as-is” condition.

Proposals must meet the airport’s Design and Development Guide, including, but not limited to, painting the exterior to match the following colors:

Body Color (main building color) – Sherwin Williams Monorail Silver (SW 7663) Accent Color (hangar doors, eaves above doors or entrance ways, etc.) – Sherwin Williams Salty Dog (SW 9177) Trim Color (window trim, flashings, etc.) – Sherwin Williams Gauntlet Grey (SW 7019)

This color palette was selected by the Gwinnett County Airport Authority with the intent that all airport buildings will eventually be painted this color. Any proposed exterior building colors that do not match this palette WILL NOT BE CONSIDERED.

Respondent is also required to provide landscaping, maintaining the building and other improvements and providing maintenance to the pavements.

Respondents should provide a narrative or other explanation of how they intend to improve the facility, bring it into compliance, landscape, etc., including their anticipated capital expenditures, a proposed timeline, and any rationale used to determine the phasing of different components. ALL proposed site improvements MUST be fully completed within two (2) years of a lease being enacted. In addition, permitting must be completed within 6 months of the lease being enacted, and construction of the new facility must be started within 12 months of the lease being enacted.

Respondents should provide a layout plan showing the proposed construction in relation to the layout of the parcel. Respondents are also encouraged to provide drawings or graphical depictions of proposed construction/maintenance to help reviewers visualize the proposed construction/maintenance.

The proposal containing the most site improvements with the least number of modified Lease terms will be scored higher than a proposal with less improvements but more requested Lease modifications.

All proposed improvements must comply with the airport’s Design and Development Guide, including, but not limited to, painting the hangar in a color palette approved by the Gwinnett County Airport Authority.

5) Intangible Benefits The County/Authority recognizes that tenants may provide benefits to the airport beyond tangible rental and fee payments. To try and foster a positive community relationship with the airport, to try and integrate the airport more completely with the community we serve, and to garner these intangible benefits for the community, proposals providing

RP025-25 Page 14 intangible benefits will be scored higher than proposals that do not provide this type of opportunity.

Provide a description of all programs, services, amenities, commitments, or other community participation projects Respondent participates in or provides. Provide an explanation of how the community, airport, or flying public benefits from the listed programs, services, etc.

As a part of this list please provide a brief narrative that explains the program, service, etc., and why it would be a benefit to the County, Authority, and airport. When writing the narrative, assume your audience has no knowledge of aviation, your organization, the program you participate in, etc.

Examples of intangible benefits could include, but are not limited to providing STEM educational opportunities, providing career opportunities to groups that are currently underrepresented, using aircraft to provide Angel Flights, providing employment opportunities to the community, etc.

6) References:

Both personal and professional references may be provided. References should be able to provide information on the financial ability of the proposer to complete proposed site improvements, information on the ability of the proposer to successfully manage an aviation commercial business (if applicable), and information on the proposer’s previous experience in aviation and operating a business and/or hangar on an airport.

A total of 3 references should be provided.

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 1 | 34

GWINNETT COUNTY

FINANCIAL SERVICES │ RISK MANAGEMENT

PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS

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

Insurance:

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

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

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

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

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

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

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

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

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

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

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

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 2 | 34

Automobile Liability to include:

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

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

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

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

• Coverage to include loading and unloading

• Contractual Liability

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

Workers Compensation Georgia State Statutory Limits Employers Liability

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

Bodily Injury by Disease – Each Employee $ 500,000

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

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

Each Occurrence and Aggregate Limit $1,000,000

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

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

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

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

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

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

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

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

Property Insurance:

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

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 3 | 34

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

• 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.

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 4 | 34

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

Riggers Liability Insurance:

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

Crime or Fidelity Insurance:

Limit of Insurance $1,000,000

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

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

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

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

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

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

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

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

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

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

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

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

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

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 5 | 34

C. Gwinnett County should be provided with a minimum of 30 days advance written notice of cancellation, material change, or non-renewal of policies required by the contract.

D. Certificate Holder should read:

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

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-10 or higher.

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

F. Insurance companies providing coverage should be licensed, and authorized to do business by the Office of the

Insurance and Safety Fire Commissioner of Georgia (“Insurance Commissioner”), with the exception of non-admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner.

All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non-resident.

*See above note regarding Professional Liability

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

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

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

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

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

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the County.

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

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

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS (FOR PROJECTS LESS THAN $5M) 6 | 34

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.

RP025-25

Buyer’s Initials: MM

IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE BY

CHECKING ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN.

Do not offer this product or service; remove us from your bidder's list for this item only.

Specifications too "tight"; geared toward one brand or manufacturer only.

Specifications are unclear.

Unable to meet specifications

Unable to meet bond requirements

Unable to meet insurance requirements

Our schedule would not permit us to perform.

Insufficient time to respond.

Other

COMPANY NAME

AUTHORIZED REPRESENTATIVE

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR VENDORS, TERMS AND CONDITIONS

***ATTENTION***

FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN SUBMITTAL BEING

DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. THE COUNTY SHALL BE THE SOLE

DETERMINANT OF TECHNICALITY VS. NON-RESPONSIVE SUBMITTAL:

1. FAILURE TO USE COUNTY FEE SCHEDULE.

2. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE

COMPLIANCE/SPECIFICATION SHEETS.

3. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

5. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN SUBMITTAL

BEING DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS

ARE NOT REQUIRED ON ALL SOLICITATIONS. BOND REQUIREMENTS ARE

CLEARLY STATED ON THE INVITATION PAGE. IF CLARIFICATION IS NEEDED,

CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION. IF BONDS

ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS SOLICITATION DOCUMENT.

6. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN

REQUIRED, MAY RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND

REJECTED. THE CONTRACTOR AFFIDAVIT AND AGREEMENT IS NOT REQUIRED

ON ALL SOLICITATIONS. IF CLARIFICATION IS NEEDED, CONTACT THE

PURCHASING ASSOCIATE LISTED IN THE INVITATION.

7. FAILURE TO PROVIDE AN ETHICS AFFIDAVIT WHEN REQUIRED, MAY RESULT IN

SUBMITTAL BEING DEEMED NON-RESPONSIVE AND REJECTED. THE ETHICS

AFFIDAVIT IS REQUIRED ON ALL FORMAL SOLICITATIONS OVER $100,000.00. IF

CLARIFICATION IS NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN

THE INVITATION.

I. PREPARATION OF SUBMITTAL

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

B. Each vendor shall furnish all information required by the solicitation form or document. Each vendor shall sign the submittal and print or type his or her name on the fee schedule. The person signing the submittal should initial erasures or other changes. An authorized agent of the vendor must sign the submittal.

C. Fee schedule pricing should have only two decimal places unless otherwise stated. In the event of a calculation error in total price, the unit pricing prevails.

D. Except for solicitations for the sale of real property, individuals, firms, and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative other than the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final award. The Purchasing Director will review violations. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award. Solicitations for the sale of real property may allow for verbal or written communications with the appropriate Gwinnett County representative.

E. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the submittal but are contained for informational purposes only. If awarded, the successful vendor(s) will be required to execute these documents prior to County execution.

F. Effective July 1, 2013 and in accordance with the Georgia Illegal Immigration Reform Enhancements for 2013, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with vendor’s submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your submittal may result in being deemed non-responsive and automatic rejection.

II. DELIVERY

A. Each vendor should state time of proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. should not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) should be stated. If calendar days are used, include Saturday, Sunday, and holidays in the number.

III. EXPLANATION TO VENDORS

Any explanation desired by a vendor regarding the meaning or interpretation of the solicitation, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation for a reply to reach all vendors before the deadline of the solicitation. Any information given to a prospective vendor concerning a solicitation will be furnished to all prospective vendors as an addendum to the solicitation if such information is necessary or if the lack of such information would be prejudicial to uninformed vendors. The written solicitation documents supersede any verbal or written communications between the parties. Receipt of addenda should be acknowledged in the submittal. It is the vendor’s responsibility to ensure they have all applicable addenda prior to their submittal. This may be accomplished by contacting the assigned Purchasing Associate prior to the submittal or visiting the Gwinnett County website.

IV. SUBMISSION OF FORMAL OFFERS/SUBMITTALS

A. Formal bid and proposal submittals shall be enclosed in a sealed package or envelope, addressed to the Gwinnett County Purchasing Division with the name of the vendor, the date and hour of opening and the solicitation number on the face of the package or envelope. Facsimile or emailed submittals will not be considered.