Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport

DeKalb County Department of Purchasing and Contracting JANUARY 4, 2021 REQUEST FOR PROPOSALS (RFP) NO. 20-500563 FOR WESTSIDE AVIATION TRACT W-3 DEVELOPMENT ON DEKALB PEACHTREE AIRPORT Procurement Agent: Jovan Hooper Email: jhooper@dekalbcountyga.gov NON-Mandatory Pre-Proposal Conference: Tuesday January 19, 2021 at 2:00PM EST Zoom: https://dekalbcountyga.zoom.us/j/82663517225 Please utilize audio conferencing if you are unable to access the Zoom Meeting, dial: 1-888-270-9936 Conference code 231079 Deadline for Submission of Questions: 5:00 PM EST, Tuesday January 26, 2021 Deadline for Receipt of Proposals: 3:00 PM EST, Thursday February 11, 2021 THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY

AND STRICTLY THE RESPONSIBILITY OF THE RESPONDER. __________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________ Page 1 of 98 https://dekalbcountyga.zoom.us/j/82663517225 TABLE OF CONTENTS Section Title Page I. Introduction .............................................................................................................................3 II. Scope of Work ........................................................................................................................4 III. Proposal Format ......................................................................................................................6 A. Cost Proposal .....................................................................................................................6 B. Technical Proposal .............................................................................................................6 C. DeKalb First Ordinance .....................................................................................................8 D. Federal Work Authorization Program................................................................................9 IV. Criteria for Evaluation ..........................................................................................................10 V. Contract Administration........................................................................................................10 A. Standard County Contract ................................................................................................10 B. Submittal Instructions ......................................................................................................10 C. Pre-Proposal Conference ..................................................................................................11 D. Questions ..........................................................................................................................11 E. Acknowledgement of Addenda ........................................................................................11 F. Proposal Duration .............................................................................................................11 G. Project Director/Contract Manager ..................................................................................11 H. Expenses of Preparing Responses to this RFP .................................................................12 I. Georgia Open Records Act ...............................................................................................12 J. First Source Jobs Ordinance .............................................................................................12 K. Business License ..............................................................................................................12 L. Ethics Rules .....................................................................................................................13 M. Right to Audit ..................................................................................................................13 N. Cooperative Procurement ................................................................................................13 VI. Award of Contract.................................................................................................................13 Attachment A. Proposal Cover Sheet ...................................................................................16 Attachment B. Contractor Reference and Release Form ......................................................17 Attachment C. Subcontractor Reference and Release Form .................................................18 Attachment D. LSBE Opportunity Tracking Form ...............................................................19 Attachment E. Responder Affidavit ......................................................................................28 Attachment F. First Source Jobs Ordinance & Exhibits 1 - 4 ...............................................29 Attachment G. Cost Proposal ................................................................................................42 Attachment H. Sample County Contract Lease Agreement without Fuel Farm .....................................................................................................44 Attachment I. Exceptions to the County Contract, if any ....................................................94 Attachment J. Lease Survey of Lease Tract “W-3” Revised 4-12-18 ..................................95 Attachment K. DeKalb Peachtree Airport Lease Tract “W-3” Tract Description ................................................................................................................96 Attachment L. Report of Subsurface Exploration and Geotechnical Engineering Evaluation ................................................................................97 Attachment M. Stormwater and Erosion Control Report for DeKalb Peachtree Airport (PDK)...........................................................................................98 Page 2 of 98 __________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________________________________ DeKalb County Department of Purchasing and Contracting Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030 JANUARY 4, 2021 REQUEST FOR PROPOSAL (RFP) No. 20-500563 FOR WESTSIDE AVIATION TRACT W-3 DEVELOPMENT ON DEKALB PEACHTREE AIRPORT DEKALB COUNTY, GEORGIA DeKalb County Government (the County) requests qualified and responsible firms (Consultant) with experience in providing comprehensive stormwater system master planning services to submit proposals for development of a Stormwater Master Plan at a competitive price. I. INTRODUCTION A. DeKalb Peachtree Airport (PDK) is the second busiest airport in Georgia in its number of annual operations or takeoffs and landings. PDK is classified in the National Plan of Integrated Airport Systems (NPIAS) as a General Aviation reliever airport for the Atlanta metropolitan area. B. The Project consists of approximately 0.333 acre (14,517 square feet) of unimproved property on the west side of the Airport with access to Taxilane Lima. C. The County has signed certain Grant Assurances and Certifications with the Federal Aviation Administration (FAA) for the receipt of federal funds. In doing so, property designated as “airport property” is to be used primarily for those projects supporting “direct aeronautical” activities. Direct aeronautical activities involve all those functions normally associated with actually basing, housing, and maintaining an aircraft or multiple aircraft on airport property. D. The following Required Documents Checklist includes a list of attachments which MUST be completed and returned with Responder’s technical proposal: Required Documents Attachment Proposal Cover Sheet A Contractor Reference and Release Form B Subcontractor Reference and Release Form (make additional copies as needed) C Responder Affidavit E First Source Jobs Ordinance (with Exhibits 1 – 4) F Cost Proposal Form G Sample County Contract Lease Agreement without Fuel Farm H Exceptions to the Standard County Contract, if any I *Failure to return these attachments with your proposal will render your proposal non-responsive. Page 3 of 98 A. The services shall commence within ten (10) calendar days after acknowledgement of receipt of written notice to proceed and shall be completed within seven hundred thirty (730) calendar days. B. The intent of this bid is to make an all-award; however, the County reserves the right to make one (1) award or multiple awards. The County may accept any item or group of items on any proposal, whichever is in the best interest of DeKalb County. II. SCOPE OF WORK A. The County desires proposals for the lease of Tract W-3 of undeveloped Airport property to be used for direct aeronautical activities. Refer to Attachment J, Lease Survey of Lease Tract “W- 3” Revised 4-12-18 and Attachment K, DeKalb Peachtree Airport Lease Tract W-3 Tract Description for the proposed layout and an overview of the unimproved Airport property. The undeveloped parcel is physically located at 3885 Clairmont Road, Chamblee, Georgia 30341. 1. The proposed project shall include but is not limited to proposed project design, construction, management, operation and maintenance of an aircraft hangar/hangar complex and must include the most current hangar structure technology and all details regarding the proposed hangar structure. 2. The proposed hangar development must include hangar doors facing east and must be constructed to hangar aircraft no larger than a Pilatus and with a wingspan of 53 feet and height of 15 feet. The hangar doors, when opened, must remain within the leasehold. 3. Successful Lessee is required to submit a 7460-1 to the Federal Aviation Administration (FAA) Office of Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) and must receive a favorable determination prior to commencing construction. A previous 7460-1 on adjacent parcels with a height limitation of 50 feet received a favorable determination. 4. The County has determined that a fuel facility will not be constructed on Tract W-3. 5. The description must include, but not be limited to the following: a) Terminal/Office bay b) Hangar aircraft support systems c) Ramps/aprons, and d) All available information. B. Responders shall provide Lease Rate per Square Foot on the Revenue Proposal Form, attached and identified as Attachment G to this RFP. The minimum rate of leased property is forty-five cents ($.45) per square foot. The Lease Rate per Square Foot is based on parcel size. C. Lease may be on a long-term basis, i.e. twenty (20) years, or more, depending upon the proposed project. Project may include but is not limited to the capital improvements proposed to be made to the Property. D. The County desires the result of the project to be all-inclusive from the architectural design to fit the property, through construction and issuance of a Certificate of Occupancy (CO) issued Page 4 of 98 by the City of Chamblee, Georgia. E. Lessee shall be responsible for the rate per square foot from the execution date of the Lease until such time as construction is completed, the CO is issued, and an actual metes and bounds survey is conducted by the Lessee that more accurately defines the exact property boundaries. The minimum rate of leased property shall be forty-five cents ($.45) per square foot. The lease when executed shall be a “triple net” lease for the Airport Enterprise wherein the Lessee is responsible for all maintenance, routine and/or emergency, of all facilities and capital improvements, maintenance of insurance, regular and unscheduled / unforeseen /emergency maintenance on any part of the facility, capital improvements, ramps, parking areas, access control gates, etc. F. The actual metes and bounds survey will be added to the final Lease by amendment, subject the approval of the County Board of Commissioners. The lease rate will then be adjusted accordingly by Lease Amendment citing the final survey plat information. Lessee shall be responsible for all costs associated with the metes and bounds survey. G. All permits shall be obtained for construction no later than 180 calendar days from the effective date of the Lease Agreement. Date of Lease shall be the date that the Lease is executed by the County and is the same date or a subsequent date to the date that the Lease is approved by the County Board of Commissioners. The actual construction of hangar and/or all facilities associated with this Project shall be completed within 550 calendar days after issuance of construction permits. The City of Chamblee is the permitting authority. Responders shall include with the Technical Proposal a proposed timeline for construction and progress reporting. Progress reporting will be audited through specific requirements set forth in the Lease. (Refer to Attachment H, Sample County Lease without Fuel Farm). H. All improvements, construction, renovations and long-term maintenance of any new facility shall be representative of similar existing and new construction projects currently existing on the Airport. I. Specific cost estimates for all proposed improvements must be provided in the Cost Proposal Form (Attachment G to RFP). All responders shall submit detailed milestone schedule with itemized cost estimates as an attachment to the Revenue Proposal Form. Failure to attach detailed milestone schedule in the Revenue Proposal with itemized cost estimates for all proposed improvements shall render the proposal non-responsive. J. Successful Responder shall comply with all current code requirements in regards to improvements to all parts of the leasehold area, in accordance with the terms of the Lease (Refer to Attachment F, Sample County Lease without Fuel Farm. Site shall be subject to performance inspection(s) by the Airport Director and/or his designee. K. Easements are available for review at DeKalb Peachtree Airport, 212 Administration Building, 2000 Airport Road, Atlanta, Georgia 30341. L. Report of Subsurface Exploration and Geotechnical Engineering Evaluation Westside Development and Future Hangar Expansion, is enclosed as Attachment L and is incorporated Page 5 of 98 herein by reference. Any additional geotechnical work will be the responsibility of the responder. M. Stormwater and Erosion Control Report for DeKalb Peachtree Airport (PDK) Westside Development Program January 2012 REVISED February 2012, is enclosed as Attachment M and is incorporated herein by reference. N. DeKalb County and DeKalb Peachtree Airport shall be responsible for the following: 1) Access road O. The successful Lessee shall be responsible for the following: 1) Maintenance of parking lot (number of spaces to be determined by Lessee based on hangar footprint) 2) Existing ramp 3) Compliance with Storm Water Protection Plan (Reference Attachment M Stormwater and Erosion Control Report) 4) All permitting, utilities location and connections; and 5) All legal and regulatory requirements. III. PROPOSAL FORMAT Responders are required to submit their proposals in the following format: A. Cost Proposal 1. The cost proposal must be submitted in a separate, sealed envelope with the responder’s name and “Cost Proposal for RFP No. 20-500563 - Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport” on the outside of the envelope. 2. The sealed envelope containing the cost proposal is requested to be included in the sealed package containing the technical proposal. 3. DO NOT INCLUDE FEES OR COSTS IN ANY AREA OUTSIDE OF THIS COST PROPOSAL. Including fees in any area outside of the Cost Proposal in its separate, sealed envelope shall result in Responder’s proposal being deemed non-responsive. 4. Responders are required to submit their costs on Attachment G, Cost Proposal Form. Responder shall not alter the cost proposal form. B. Technical Proposal DO NOT INCLUDE ANY COSTS OF ANY KIND IN THE TECHNICAL PROPOSAL OR ON THE DISCS CONTAINING THE TECHNICAL PROPOSAL. 1. Technical Proposals must be submitted in a sealed envelope(s) or box(es) with the responder’s name and “RFP No. 20-500563 - Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport” on the outside of each envelope or box. Page 6 of 98 2. Responder shall complete Attachment A, Proposal Cover Sheet, and include this as the first page of the technical proposal. 3. Technical Approach: a. Describe the procedures and methods that will achieve the required outcome of the project as specified herein; i.e., lease of property for direct aeronautical use, such as an aircraft hangar/hangar complex that supports direct aeronautical activity. b. Describe and include details regarding the proposed type of hangar structure. Description shall include, but not be limited to current hangar technology structure regarding: • Terminal/Office bay • Hangar aircraft support systems • Ramps/aprons c. Describe in detail your intentions for the use of an aircraft hangar/hangar complex. Is general storage for aircraft planned? d. Describe how you plan to maximize space and resources in your proposed hangar. e. Describe in detail how the proposed Lease will impact DeKalb County. f. Discuss “Curb Appeal.” Define how the proposed improvement will look and how appealing the appearance will be to the neighborhood and on the airport. g . Describe in detail all improvements to any and all parts of the existing leasehold area. h. Describe facility development and management of operations. i. Include a listing of the County’s responsibilities and the Responder’s responsibilities required to complete the project. j. Provide a project schedule at the task level starting with the receipt of the Notice to Proceed and ending with project completion. 4. Project Management: a. Describe how the project will be organized and managed; b. Describe progress reporting procedures for the project; c. Include the anticipated use of subcontractors or vendors; and d. Describe the resources necessary to accomplish the purpose of the project. e . Explain in detail how risks associated with the project will be mitigated. 5. Personnel: a. Identify the individuals who will be part of the project team; b. Include any outside personnel, such as subcontractors who will be performing services under the proposed Lease using the Subcontractor Reference and Release Form attached hereto as Attachment C. c. Provide detailed resumes of project managers, team members and subcontractors who will be directly working on the project. Page 7 of 98 6. Organizational Qualifications: a. Describe Responder’s experience, capabilities and other qualifications for this project. Include the development of similar projects of same size or scope. b. Provide your history of tenant/landlord working relationships at other locations. c. Provide your conflict resolution process with landlords and customers. d. How many years has Responder operated under current company name? e. Has Responder ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government? f. Include an audited financial statement for the last three (3) years. g. Responders shall provide three (3) references for projects similar in size or scope to the project specified herein using the Contractor Reference and Release Form attached hereto as Attachment B. 7. Financial Statements a. Responder must provide financial statements for the last three (3) years that evidences the responder’s financial capabilities to perform the scope of work. (Audited statements are preferable but a minimum of balance sheet, income statement and cash flow statement may be accepted.) Provide year of incorporation (if applicable). 8. References: a. Responder shall provide three (3) references for projects similar in size and scope to the project specified herein using the Contractor Reference and Release Form attached hereto as Attachment B. b. Provide three (3) references for each subcontractor proposed as a part of the project team. The references shall be for the same or similar types of services to be performed by the subcontractor on projects similar in size and scope to the project outlined in this RFP. Use Attachment C, Subcontractor Reference and Release Form. Make additional copies as needed. 9. Provide the following information: Are you a DeKalb County Firm? Yes / No C. DeKalb First Ordinance (LSBE PARTICIPATION HAS BEEN WAIVED FOR THIS SOLICITATION) 1. It is the objective of the Chief Executive Officer and Board of Commissioners of DeKalb County to provide maximum practicable opportunity for all businesses to participate in the performance of government contracts. The current DeKalb County List of Certified Vendors may be found on the County website at http://www.dekalbcountyga.gov/purchasing/pdf/supplierList.pdf. Page 8 of 98 http://www.dekalbcountyga.gov/purchasing/pdf/supplierList.pdf 2. It is required that all responding Responders attend the mandatory LSBE meeting within two-weeks of the solicitation’s advertisement, and comply, complete and submit all LSBE forms with the Responder’s response to remain responsive. Attendance can be in person, via video conference and teleconference. Video conferencing is available through Skype/Lync. Instructions for attendance via video conference can be found on the County’s website at https://www.dekalbcountyga.gov/purchasing- contracting/dekalb-first-lsbe-program. 3. For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact our LSBE Program representatives, at: DeKalbFirstLSBE@dekalbcountyga.gov or (404) 371-4770. D. Federal Work Authorization Program Contractor and Subcontractor Evidence of Compliance All qualifying contractors and subcontractors performing work with DeKalb County, Georgia must register and participate in the federal work authorization program to verify the work eligibility information of new employees. Successful responder(s) shall be required to register and participate in the federal work authorization program, which is a part of Attachment H, Sample County Contract Lease Agreement without Fuel Farm. In order for a Proposal to be considered, it is mandatory that the Responder Affidavit, Attachment E, be completed and submitted with responder’s proposal. Page 9 of 98 https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program IV. CRITERIA FOR EVALUATION The following evaluation criteria and the maximum points stated below will be used as the basis for the evaluation of proposals. A. Cost (25 points) B. Technical Approach to the Project (25 points) C. Project Management (20 points) D. Personnel (10 points) E. Organizational Qualifications (20 points) F. Optional Interview for Short-listed Responders (10 points) - Bonus The County reserves the right to conduct optional interviews with all responders or a short-listed group of responders. The Evaluation Committee may award a maximum of ten (10) points to each interviewed responder. If the County determines that it is in its best interest to develop a short list of responders for interview, it shall be based on the following calculation: Highest Responder Score – Interview Points = Short Listed Score. Example: 91 – 10 = 81. Any responder with a score of 81 or greater would be interviewed. V. CONTRACT ADMINISTRATION A. Sample County Contract Lease Agreement without Fuel Farm The attached sample contract is the County’s contract document (see Attachment H), which specifically outlines the contractual responsibilities. All responders should thoroughly review the document prior to submitting a proposal. Any proposed revisions to the terms or language of this document must be submitted in writing with the responder’s response to the request for proposals. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the County, responders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award by the Board of Commissioners. B. Submittal Instructions One (1) original Technical Proposal stamped “Original” and five (5) compact discs or flash drives containing an identical copy of the Technical Proposal (DO NOT include the Cost Proposal in original nor on the discs or flash drives); and one (1) original Cost Proposal (see Section III. A. for additional instructions regarding submittal of Cost Proposal) must be submitted to the following address no later than 3:00 p.m. on Thursday February 11, 2021 DeKalb County Department of Purchasing and Contracting The Maloof Administration Building, 2nd Floor 1300 Commerce Drive Decatur, Georgia 30030 Proposals must be clearly identified on the outside of the packaging with the responder’s name Page 10 of 98 and “RFP No. 20-500563 - Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport” on the outside of the envelope(s) or box(es). It is the responsibility of each Responder to ensure that its submission is received by 3:00PM EST on the bid due date. The time/date stamp clock located in the Department of Purchasing & Contracting shall serve as the official authority to determine lateness of any response. The RFP opening time shall be strictly observed. Be aware that visitors to our offices will go through a security screening process upon entering the building. Responders should plan enough time to ensure that they will be able to deliver their submission prior to our deadline. Late submissions, for whatever reason, will not be evaluated. Responders should plan their deliveries accordingly. Telephone or fax bids will not be accepted. C. Non-Mandatory Pre-Proposal Conference A non-mandatory pre-proposal conference and site visit will be held at Tuesday January 19, 2021 at 2:00PM EST via Zoom video conferencing. Although not mandatory, interested responders are strongly encouraged to attend and participate in the pre-proposal conference and site visit. For information regarding the pre-proposal conference, please contact Jovan Hooper, Procurement Agent at jhooper@dekalbcountyga.gov. D. Questions All questions concerning the Project and requests for interpretation of the Contract may be asked and answered at the pre-bid conference; however, oral answers are not authoritative. Questions must be submitted to Jovan Hooper, via email to jhooper@dekalbcountyga.gov no later than close of business on Tuesday January 26, 2021. Questions and requests for interpretation received by the Department of Purchasing and Contracting after this date will not receive a response or be the subject of addenda. E. Acknowledgment of Addenda Addenda may be issued in response to changes in the RFP. It is the responsibility of the responder to ensure awareness of all addenda issued for this solicitation. Please acknowledge the addenda and submit to the Department of Purchasing and Contracting as requested. Responder may call Jovan Hooper at (404) 371 – 3644 or send an email to jhooper@dekalbcountyga.gov to verify the number of addenda prior to submission. Addenda issued for this project may be found on DeKalb County’s website, www.dekalbcountyga.gov/formalbids F. Proposal Duration Proposals submitted in response to this RFP must be valid for a period of One Hundred Eighty (180) days from proposal submission deadline and must be so marked. G. Project Director/Contract Manager The County will designate a Project Director/Contract Manager to coordinate this project for the County. The successful responder will perform all work required pursuant to the contract under the direction of and subject to the approval of the designated Project Director/Contract Manager. All issues including, payment issues, shall be submitted to the Project Director/Contract Manager Page 11 of 98 for resolution. H. Expenses of Preparing Responses to this RFP The County accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders. I. Georgia Open Records Act Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission. J. First Source Jobs Ordinance The DeKalb County First Source Jobs Ordinance requires contractors or beneficiaries entering into any type of agreement with the County, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more make a good faith effort to hire DeKalb County residents for at least 50% of jobs using the First Source Registry (candidate database). The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs Ordinance. Please complete the First Source Jobs Ordinance Acknowledgement and New Employee Tracking Form included in Attachment H, First Source Jobs Ordinance (with Exhibits 1 – 4) and submit with the responder’s proposal. For more information on the First Source Jobs Ordinance requirement, please contact Work Source DeKalb at www.worksourcedekalb.org or 404-687-3400. K. Business License Responder shall submit a copy of its current, valid business license with its proposal or upon award. If the responder is a Georgia corporation, responder shall submit a valid county or city business license. If the responder is not a Georgia corporation, responder shall submit a certificate of authority to transact business in the state of Georgia and a copy of its valid business license issued by its home jurisdiction. If responder holds a professional certification which is licensed by the state of Georgia, then responder shall submit a copy of its valid professional license. Any license submitted in response to this requirement shall be maintained by the responder for the duration of the contract. L. Ethics Rules Page 12 of 98 http://www.worksourcedekalb.org/ Bidders are subject to the Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, the Code of DeKalb County; and the rules of Executive Order 2014-4. Any violations will be addressed, pursuant to these policies and rules. To the extent that the Organizational Act, Section 22A, the Code of DeKalb County, and the rules of Executive Order 2014-4 allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a CEO employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract. M. Right to Audit The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor's employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor's employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor's office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. N. Cooperative Procurement The County through the Department of Purchasing and Contracting may permit piggybacks to this contract from other city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms, and conditions to the city. Piggybacking shall only be available where competition was used to secure the contract and only for a period of 12-months following entry, renewal or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law. VI. AWARD OF CONTRACT An evaluation committee will review and rate all proposals and shall determine if interviews are necessary. If interviews are conducted, firms will be scheduled for an oral presentation to the evaluation committee, not to exceed one hour’s duration, to respond to questions from the evaluation committee Page 13 of 98 relevant to the firm’s proposal. The evaluation committee will make its recommendation for award to the DeKalb County Board of Commissioners, who will make the final decision as to award of contract. THE COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE INFORMALITIES, AND TO RE-ADVERTISE. Sincerely, __________________________________ Jovan Hooper Procurement Agent Department of Purchasing and Contracting Page 14 of 98 Attachment A: Proposal Cover Sheet Attachment B: Contractor Reference and Release Form Attachment C: Subcontractor Reference and Release Form Attachment D: LSBE Opportunity Tracking Form Attachment E: Responder Affidavit Attachment F: First Source Jobs Ordinance Information with Exhibits 1 - 4 Attachment G: Cost Proposal Form Attachment H: Sample County Contract Lease Agreement without Fuel Farm Attachment I: Exception to the County Contract (if any) Attachment J: Lease Survey of Lease Tract “W-3” Revised 4-12-18 Attachment K: DeKalb Peachtree Airport Lease Tract “W-3” Tract Description Attachment L: Report of Subsurface Exploration and Geotechnical Engineering Evaluation Attachment M: Stormwater and Erosion Control Report for DeKalb Peachtree Airport (PDK) Page 15 of 98 ATTACHMENT A PROPOSAL COVER SHEET NOTE: Read all instructions, conditions and specifications in detail before completing this Request for Proposal. Please complete and include this cover sheet with your technical proposal. Company Name Federal Tax ID# Complete Primary Address County City Zip Code Mailing Address (if different) City State Zip Code Contact Person Name and Title Telephone Number (include area code) Email Address Fax Number (include area code) Company Website Address Type of Organization (check one)  Corporation  Joint Venture Proprietorship Government Proposals for RFP No.: 20-500563 - Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport described herein will be received in the Purchasing & Contracting Department, 2nd Floor, The Maloof Administration Building; 1300 Commerce Drive, Decatur, Georgia 30030 on Thursday February 11, 2021 until 3:00PM EST. Proposals shall be marked in accordance with the RFP, Section V. B. CAUTION: The Decatur Postmaster will not deliver certified or Special Delivery Mail to specific addresses within DeKalb County Government. When sending bids or time sensitive documents, you may want to consider a courier that will deliver to specific addresses. Proposal Cover Sheet should be signed by a representative of Proposer with the authority to bind Proposer to all terms, conditions, services, and financial responsibilities in the submitted Proposal. Authorized Representative Signature(s) Title(s) Type or Print Name(s) Date Page 16 of 98 ATTACHMENT B CONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type of service listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP. Signed_______________________________________ Title___________________________ (Authorized Signature of Proposer) Company Name _____________________________________Date _____________________ Page 17 of 98 ATTACHMENT C SUBCONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type of service listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP. Signed_______________________________________ Title___________________________ (Authorized Signature of Proposer) Company Name _____________________________________Date _____________________ Page 18 of 98 (DOES NOT APPLY) ATTACHMENT D DEKALB FIRST LSBE INFORMATION WITH EXHIBITS A – B SCHEDULE OF LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM The Chief Executive Officer and the Board of Commissioners of DeKalb County believe that it is important to encourage the participation of small and local businesses in the continuing business of County government; and that the participation of these types of businesses in procurement will strengthen the overall economic fabric of DeKalb County, contribute to the County’s economy and tax base, and provide employment to local residents. Therefore, the Chief Executive Officer and the Board of Commissioners have made the success of local small businesses a permanent goal of DeKalb County by implementing the DeKalb First Local Small Business Enterprise Ordinance. PROVISIONS OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE (LSBE) ORDINANCE Percentage of LSBE Participation Required 20% of Total Award Certification Designation Request For Proposals (RFP) LSBE Within DeKalb (LSBE-DeKalb) Ten (10) Preference Points LSBE Outside DeKalb (LSBE-MSA) Five (5) Preference Points Demonstrated GFE Two (2) Preference Points Certified Local Small Business Enterprises (LSBEs) located within DeKalb County and prime contractors utilizing LSBEs that are locally-based inside DeKalb County shall receive ten (10) points in the initial evaluation of their response to any Request for Proposal. Certified LSBEs located outside of DeKalb County but within the nine (9) County Metropolitan Statistical Area (MSA) consisting of Cherokee, Clayton, Cobb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties shall receive five (5) points in the initial evaluation of their response to any Request for Proposal. Prime Contractors who demonstrate sufficient good faith efforts in accordance with the requirements of the ordinance shall be granted two (2) points in their initial evaluation of responses to any Request for Proposal. Pro-rated points shall be granted where a mixture of LSBE-DeKalb and LSBE MSA firms are utilized. Utilization of each firm shall be based upon the terms of the qualified sealed solicitation. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) because they are either a certified LSBE-DeKalb or LSBE-MSA firm or has obtained 20% participation of an LSBE-DeKalb or LSBE-MSA firm, submits the lowest bid price shall be deemed the lowest, responsive and responsible bidder. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) and documented good faith efforts, submits a lower bid price than a Prime Contractor that achieved 20% LSBE participation, or otherwise required benchmark, then the Prime Contractor who actually met the benchmark will be given the opportunity to match the lowest bid price of the Prime Contractor who only made good faith efforts. Prime Page 19 of 98 Contractor(s) who choose not to match the lowest bid price, then the Prime Contractor who made the good faith efforts will be deemed the lowest, responsive and responsible bidder. For all qualified sealed solicitations, the Director of Purchasing and Contracting, DeKalb County Government, shall determine if the bidder/proposer has included written documentation showing that at least twenty percent (20%) of the total contract award will be performed by a certified LSBE. This written documentation shall be in the form of a notarized Schedule of LSBE Participation (Attached hereto as “Exhibit A”.) For all contracts, a signed letter of intent from all certified LSBEs describing the work, material, equipment and/or services to be performed or provided by the LSBE(s) and the agreed upon percentage shall be due with the bid or proposal documents and included with “Exhibit A”. The certified vendor list establishes the group of Certified LSBE’s from which the bidder/proposer must solicit subcontractors for LSBE participation. This list can be found on our website http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting or obtained from the Special Projects LSBE Program team. Prime Contractors failing to meet the LSBE benchmark must document and demonstrate Good Faith Efforts in accordance with the attached “Checklist for Good Faith Efforts” portion of “Exhibit A.” The notarized Schedule of LSBE Participation shall be due and submitted with each bid or proposal. Failure to achieve the LSBE benchmark or demonstrate good faith efforts shall result in a bid or proposal being rejected. Prime Contractors that fail to attend the mandatory LSBE meeting in person or via video conference shall mean that the Prime Contractor has not demonstrated sufficient good faith efforts and its bid or proposal if submitted, shall be deemed non-responsive without any further review. Upon award, Prime Contractors are required to submit a report detailing LSBE Sub-Contractor usage with each request for payment and not less than on a monthly basis. Prime Contractors shall ensure that all LSBE sub-contractors have been paid within seven (7) days of the Prime’s receipt of payment from the County. Failure to provide requested reports/documentation shall constitute a material breach of contract, entitling the County to terminate the Contract for default or pursue other remedies. LSBE sub-contractors must confirm payments received from the Prime(s) for each County contract they participate in. For eligible bids/proposals valued over $5,000,000.00, the Mentor-Protégé provision of the Ordinance shall apply. Prime Contractors must agree to become mentors and take on an LSBE protégé in an effort to enhance the potential of future LSBEs. Qualifying projects shall be performed by both Mentor and Protégé through a subcontract between both parties. This requirement is in addition to all other applicable sections of the DeKalb First Ordinance. Please review the ordinance, section 2-214 or contact the LSBE Program Representative for detailed information regarding this initiative. Page 20 of 98 http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting (DOES NOT APPLY) EXHIBIT A SCHEDULE OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM As specified, Bidders and Proposers are to present the details of LSBE participation below: PRIME BIDDER/PROPOSER___________________________________________________________ SOLICITATION NUMBER: 20-500563____________________________________________ TITLE OF UNIT OF WORK: Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport 1. My firm, as the prime bidder/proposer on this unit of work, is a certified (check all that apply): ____LSBE-DeKalb ____LSBE-MSA 2. If you are a Certified LSBE-DeKalb or MSA, please indicate below the percentage of that your firm will carry out directly: ____________________________________. 3. If the prime bidder/proposer is a joint venture, please describe below the nature of the joint venture and level of work and percentage of participation to be provided by the LSBE-DeKalb or MSA joint venture firm. ________________________________________________________________________ ________________________________________________________________________ 4. List the LSBE-DeKalb or MSA subcontractors and/or firms (including suppliers) to be utilized in of this contract, if awarded. No changes can be made in the subcontractors listed below without the prior written approval of the County. Please attach a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed and/or provided and the agreed upon percentage of work to be performed. A Letter of Intent form is attached hereto as “Exhibit B”. Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Page 21 of 98 Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Please attach additional pages, if necessary. Page 22 of 98 (DOES NOT APPLY) EXHIBIT A, CONT’D DEKALB COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder/proposer that does not meet the County’s LSBE participation benchmark is required to submit documentation to support all “Yes” responses as proof of “good faith efforts.” Please indicate whether or not any of these actions were taken: Yes No Description of Actions 1. Prime Contractors shall attend a MANDATORY LSBE Meeting in person or via video conference within two-weeks of advertisement of the solicitation. 2. Provide a contact log showing the company’s name, contact person, address, email and contact number (phone or fax) used to contact the proposed certified subcontractors, nature of work requested for quote, date of contact, the name and title of the person making the effort, response date and the percentage of work. 3. Provide interested LSBEs via email, of any new relevant information, if any, at least 5 business days prior to submission of the bid or proposal. 4. Efforts made to divide the work for LSBE subcontracting areas likely to be successful and to identify portions of work available to LSBEs consistent with their availability. Include a list of divisions of work not subcontracted and the corresponding reasons for not including them. The ability or desire of a bidder/proposer to perform the contract work with its own organization does not relieve it of the responsibility to make good faith efforts on all scopes of work subject to subcontracting. 5. Efforts were made to assist potential LSBE subcontractors meet bonding, insurance, or other governmental contracting requirements. Where feasible, facilitating the leasing of supplies or equipment when they are of such a specialized nature that the LSBE could not readily and economically obtain them in the marketplace. 6. Communication via email or phone with DeKalb First Program Staff seeking assistance in identifying available LSBEs. Provide DeKalb First Program Staff representative name and title, and date of contact. 7. For all contracts, a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed or provided by the LSBE(s) and the agreed upon LSBE participation percentage shall be due with the bid or proposal documents. 8. Other Actions, to include Mentor/Protégé commitment for solicitations $5M and above (specify): Please explain all “no” answers above (by number): Page 23 of 98 This list is a guideline and by no means exhaustive. The County will review these efforts, along with attached supporting documents, to assess the bidder/proposer’s efforts to meet the County’s LSBE Participation benchmark. If you require assistance in identifying certified, bona fide LSBEs, please contact the Purchasing and Contracting Department - LSBE Program representatives, at DeKalbFirstLSBE@dekalbcountyga.gov or (404) 371-4770. Page 24 of 98 (DOES NOT APPLY) EXHIBIT A, CONT’D DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE SCHEDULE OF PARTICIPATION OPPORTUNITY TRACKING FORM Bidder/Proposer Statement of Compliance Bidder(s)/Proposer(s) hereby state that they have read and understand the requirements and conditions as set forth in the objectives and that reasonable effort were made to support the County in providing the maximum practicable opportunity for the utilization of LSBEs consistent with the efficient and economical performance of this contract. The Bidder and any subcontractors shall file compliance reports at reasonable times and intervals with the County in the form and to the extent prescribed by the Director of DeKalb County Purchasing and Purchasing and Contracting Department. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of Contractors and their subcontractors. 1. Non-Discrimination Policy a. During the performance of this agreement, Contractor agrees to conform to the following Non-Discrimination Policy adopted by the County. b. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. The Contractor will take action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, national origin, or disability. Such action shall include, but not be limited to, the following: (1) Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth provisions of this non-discrimination clause. (2) Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability. c. Without limiting the foregoing, Contractor shall not discriminate on the basis of disability in the admission or access to, or treatment or employment in, the programs and activities, which form the subject of the contract. The Contractor will take action to ensure that applicants for participation in such programs and activities are considered without regard to disability. Such action shall include, but not be limited to, the following: (1) Contractor agrees to post in conspicuous places available to participants in its programs and activities notices to be provided setting forth the provisions of this non-discrimination clause. Page 25 of 98 (2) Contractor shall, in all solicitations or advertisements for programs or activities, which are the subject of the contract, state that all qualified applicants will receive consideration for participation without regard to disability. 2. Commitment The undersigned certifies that he/she has read, understands, and agrees to be bound by the bid specifications, including the accompanying Exhibits and other terms and conditions of the Invitation to Bid and/or Request for Proposal regarding LSBE utilization. The undersigned further certifies that he/she is legally authorized by the bidder or responder to make the statements and representations in Exhibit A and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the LSBE(s) listed in this Exhibit A, which are deemed by the owner to be legitimate and responsible LSBEs. Said agreement(s) shall be for the work and contract with the Prime Contractor. The undersigned understands and agrees that if any of the statements and representations are made by the Bidder knowing them to be false, or if there is a failure of the successful Bidder (i.e., Contractor) to implement any of the stated agreements, intentions, objectives, goals and commitments set forth herein without prior approval of the County, then in any such events the contractor’s act or failure to act, as the case may be, shall constitute a material breach of contract, entitling the County to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights and remedies the County may have for other defaults under the Contract. Additionally, the Contractor will be subject to the loss of any future contract awards by the County for a period of one year. Firm Name (Please Print): _________________________________________________________________ Firm’s Officer: _________________________________________________________________ (Authorized Signature and Title Required) Date Sworn to and Subscribed to before me this ____ day of_______________, 201__. _________________________________________________________________ Notary Public My Commission Expires:_____________________________________________ Page 26 of 98 (DOES NOT APPLY) EXHIBIT B LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR PROVIDING MATERIALS OR SERVICES Instructions: 1. Complete the form in its entirety and submit with bid documents. 2. Attach a copy of the LSBE’s current valid Certification Letter. To:___________________________________________________________________________ (Name of Prime Contractor Firm) From: ________________________________________ � LSBE –DeKalb � LSBE –MSA (Name of Subcontractor Firm) (Check all that apply) ITB Number: 20-500563__________ Project Name: Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport______ The undersigned subcontractor is prepared to perform the following described work or provide materials or services in connection with the above project (specify in detail particular work items, materials, or services to be performed or provided). Description of Materials or Services Project/Task Assignment % of Contract Award Prime Contractor Sub-contractor Signature:_________________________ Signature:______________________________ Title:_____________________________ Title:__________________________________ Date:_____________________________ Date: __________________________________ Page 27 of 98 ATTACHMENT E RESPONDER AFFIDAVIT By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13-10-91, as amended, stating affirmatively that the responder submitting a bid to DEKALB COUNTY, GA, a political subdivision of the State of Georgia, has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, as amended]. Responder’s Name Federal Work Authorization Enrollment Date BY: Authorized Officer or Agent Title of Authorized Officer or Agent of Bidder Identification Number Printed Name of Authorized Officer or Agent Address (*do not include a post office box) SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF ________________, 20____ Notary Public My Commission Expires: ________________________ Page 28 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020 Page 1  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to  individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for assistance.  WSD is 100%  funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network.   CHAPTER 7: FIRST SOURCE ORDINANCE C H A PT E R ATTACHMENT F Page 29 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 2  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to  individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for assistance.  WSD is 100%  funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network.   First Source The First Source Ordinance is a public regulation which requires contractors and beneficiaries of eligible DeKalb County projects to make a good faith effort to hire fifty (50) percent of all jobs using the First Source Registry. Beneficiaries are immediate recipients of county grants or community development block funds administered by the county of at least $50,000. Contractors include an individual or entity entering into any type of agreement with the county, funded in whole or in part with county funds. WorkSource DeKalb (WSD) maintains the First Source Registry, comprised of qualified and trained DeKalb County residents. Business Solutions Unit (BSU) is available to assist the employer with selecting the most qualified candidate by using the First Source Registry to meet the company’s hiring needs. WSD manages the First Source program through the Business Solutions Unit by assigning a specific BSU Specialist. The First Source process is conducted similarly to the BSU business service request process. The BSU Specialist works closely with employers using TALEO and BSU processes to ensure the hiring needs of the employers are met (e.g. See Appendix 1). Appendix – 1-Forms and Letters A. First Source Ordinance Fact Sheet (front and back of document, 2 pages total) B. First Source Recruitment and Monitoring Process C. First Source Ordinance Municipal Code D. First Source Acknowledgement Form E. New Employee Tracking Form F. Business Service Request Form G. Employment Roster Page 30 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 3  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to  individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for assistance.  WSD is 100%  funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network.   A. First Source Ordinance Fact Sheet The First Source Ordinance is a public regulation that requires contractors and beneficiaries to make a good faith effort to hire fifty (50) percent of all jobs using the First Source Registry (candidate database). WSD has a First Source Registry of qualified and trained DeKalb County residents. WSD can assist you with choosing the right candidate using the First Source Registry of qualified and trained DeKalb County residents. WSD can also assist you with choosing the right candidate using the First Source Registry to meet your company’s human capital needs. SUMMARY OF SERVICES  Pre-screened applicants  Advertise and administer recruitments, job fairs and more  Market positions and recruit strong candidates  Provide computer access to current and future employees to assist with application process and/or testing  Provide supportive services for new hires. WHO QUALIFIES?  Recipients of county grants and contracts of $50,000 or more with DeKalb County for purchase orders, construction projects, professional or consulting services. What is the First Source Ordinance? The First Source Ordinance is a public regulation that calls for contractors and beneficiaries of DeKalb County to hire DeKalb County residents for at least fifty (50) percent of all jobs using the First Source Registry. Who is considered a Contractor? An individual or entity entering into any type of agreement with the County, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction, professional or consultant services, which is funded in whole or part with County funds or County-administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures. Who is considered a Beneficiary? A beneficiary is an immediate recipient of grants or community development block funds administered by the County. The term shall only apply to those entities benefiting from such County funds or administered funds in the amount of $50,000 or more. Page 31 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 4  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to  individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for assistance.  WSD is 100%  funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network.   What is the First Source Registry? The First Source Registry is a candidate database, maintained by WSD, of employable persons who are residents of the County to be called upon as a source to fill jobs created or maintained as a direct or indirect result of public funding. What are the benefits of the First Source Ordinance?  All applicants are pre-screened to ensure that only qualified candidates are referred for interviewing;  Assist with finding appropriate space for orientations, recruitments, job fairs, and more as needed and appropriate;  Advertise and administer recruitment events and job fairs;  Provide job seeker services and computer access to both current and future employees who need assistance with applications, testing, etc.;  Access to qualified and trained applicant pool For more information contact our office using 404.687.3400. Visit our website at www.worksourcedekalb.org. B. First Source Recruitment and Monitoring Process Purchasing and Contracting Responsibilities: 1) Procurement Agent shall notify WSD to attend all First Source applicable pre-solicitation, pre-bid/proposal, and Notice to Proceed (NTP) meetings. 2) Procurement Agent to submit to WSD, First Source form information provided with vendor bid and proposal submissions regarding number of anticipated jobs and titles. First Source form information to be provided during in-house award routing process for awards of $50,000 or more. 3) Procurement Agent to include current First Source Ordinance requirements language and First Source form information in all applicable solicitations as well as First Source provision in each applicable contract. 4) Procurement Agent to provide to WSD a copy of the attendance sheet completed by those in attendance at the pre-solicitation and NTP meetings. Pre-bid/proposal meeting attendance sheets are posted and available for WSD on the Purchasing and Contracting website under the applicable project. 5) Upon WSD determining a vendor First Source Ordinance compliance issue, WSD shall submit a vendor performance rating form to Purchasing and Contracting indicating such Page 32 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 5  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to  individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for assistance.  WSD is 100%  funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network.   a compliance issue. Purchasing and Contracting will handle the submitted vendor performance rating form in accordance with its vendor management procedures and processes. 6) Purchasing and Contracting will assist WSD in their efforts to enforce the First Source Ordinance. WorkSource DeKalb Responsibilities 1) Prior to attending the NTP meeting, First Source Representative will make contact with Purchasing and Contracting or Contract Compliance Officer/Contract Administrator to identify number of anticipated jobs and titles indicated in the successful proposal submitted by the contractor. 2) First Source Representative will outline the provisions of the ordinance and the responsibility of the contractors and WSD in administering the ordinance. 3) First Source Representative will exchange business cards or contact information virtually with all contractors in attendance and may schedule an on-site visit, if necessary. 4) First Source Representative will inquire whether the contractors have any current job openings. If yes, First Source Representative will request the Contractor to complete the First Source Business Service Request Form and submit to First Source Representative. 5) First Source Representative will enter the NTP meeting information and contact information from the contractor(s) into the First Source Tracking Report and Taleo Database for monthly tracking. 6) The “Good Faith Effort” stipulation in the Ordinance will have been addressed once contractors confirm staffing needs. Contractors with staffing needs must communicate with WSD Business Specialist to post the positions and secure candidates in order to satisfy this stipulation. If there are no staffing needs, then the requirement has been successfully satisfied. 7) First Source Representative will record the responses on the First Source Tracking Report, maintained by WSD to identify any staffing opportunities from the contractor(s). 8) Upon receipt of a Business Service Request Form from the contractors or sub-contractors, First Source Representative will query the First Source Registry to identify and advise contractor of all suitable applicants for possible interviews. 9) Upon the placement of applicant(s), WSD will record the number and type of positions filled by each contractor on the First Source Tracking Report. Page 33 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 6  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  C. First Source Ordinance Municipal Code ARTICLE VIII. - FIRST SOURCE JOBS [11] Sec. 2-231. - Title. Sec. 2-232. - Purpose and intent. Sec. 2-233. - Definitions. Sec. 2-234. - Duties of purchasing and contracting department. Sec. 2-235. - Duties of workforce development department. Sec. 2-236. - First source requirements. Sec. 2-237. - Disclaimer. Sec. 2-231. - Title. This article shall be known as the first source program. (Ord. No. 06-16, Pt. I, 9-12-06; Ord. No. 11-13, Pt. I, 8-23-11) Sec. 2-232. - Purpose and intent. The purpose of this article is to create the first source program, which requires beneficiaries and contractors of eligible projects to use the first source job register to fill jobs created as a direct result of public funding. (Ord. No. 06-16, Pt. I, 9-12-06; Ord. No. 11-13, 8-23-11) Sec. 2-233. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a. Agreement means any type of agreement with the county, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction, or professional or consultant services. b. Beneficiary means the immediate recipient of grants or community development block funds administered by the county. The term shall only apply to those entities benefiting from funds in the amount of fifty thousand dollars ($50,000.00) or more, where permissible under the terms of the grants or community development block funds. Page 34 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 7  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  c. Contractor means an individual or entity entering into any type of agreement with the county, funded in whole or part with county funds, which specifies the contractor is to receive fifty thousand dollars ($50,000.00) or more. d. Eligible project means any project funded in whole or in part with county funds. e. First source job listing means the listing of all available jobs that have been created by eligible projects. f. First source register means the database of employable DeKalb County residents. g. Good faith effort means the efforts undertaken by a beneficiary or contractor to fill jobs created by an eligible project with individuals from the first source register. (Ord. No. 06-16, Pt. I, 9-12-06; Ord. No. 11-13, Pt. I, 8-13-11) Sec. 2-234. - Duties of purchasing and contracting department. In administering the first source program, the director of purchasing and contracting or designee shall have the power to: a) Notify any contractor or beneficiary in writing, including specific reasons, who has not complied with this article; b) Provide any contractor or beneficiary who has not complied with this article with a reasonable time to cure; c) Determine whether noncompliance amounts to a breach of contract; d) Provide written determinations of noncompliance to the appropriate officials, stating the specific nature of noncompliance; and e) Incorporate a provision regarding this article into every agreement. (Ord. No. 06-16, Pt. I, 9-12-06; Ord. No. 11-13, Pt. I, 8-23-11) Sec. 2-235. - Duties of workforce development department. In administering the first source program, the workforce development department director or designee shall do the following: a) Manage the first source program; b) Create written operating procedures to effectuate the provisions of this article; c) Compile and maintain a database of citizens of the county that will serve as the first source register; Page 35 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 8  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  d) Create and provide all necessary forms, applications, documents and papers necessary to comply with this article; e) Create a methodology to determine what jobs will be created by an eligible project; f) Compile and maintain a listing of available jobs created by eligible projects that will serve as the first source job listing; g) Notify the director of purchasing and contracting or designee of any contractor or beneficiary who has not complied with the requirements of this article; and h) Annually review and report to the chief executive officer or designee to determine the need for this article's continued implementation. (Ord. No. 06-16, Pt. I, 9-12-06; Ord. No. 11-13, Pt. I, 8-23-11) Sec. 2-236. - First source requirements. (a) The county shall require every beneficiary or contractor for every eligible project to do the following: (1) Advertise each job created by an eligible project on the first source job listing; (2) Make a good faith effort to fill fifty (50) percent of the jobs created by the eligible project with individuals from the first source register within one hundred twenty (120) days of executing any agreement with the county; (3) Agree that each beneficiary and contractor who does not make a good faith effort to reach the fifty (50) percent goal set forth in this article may be deemed ineligible to qualify for any future project; (4) Allow open inspection of payroll records; and (5) Agree to work with the workforce development department to comply with the spirit of this article. (b) All solicitations and agreements from eligible projects shall include a provision referencing the requirements of this article. (c) Each contractor and beneficiary working under an eligible project shall ensure that the first source program will be binding upon each subcontractor, sub-lessee or other ultimate recipient of the county funds. Page 36 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 9  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  (Ord. No. 06-16, Pt. I, 9-12-06; Ord. No. 11-13, Pt. I, 8-23-11) Sec. 2-237. - Disclaimer. By enacting this article the county is assuming an undertaking only to promote the general welfare of its citizens. By this enactment, the county, its officers, agents, or its employees are not to be considered joint employers with a contractor or beneficiary. The county, its officers, agents and employees shall not be liable to any person, including but not limited to contractors, beneficiaries, and persons whose names appear on the First Source job register, who claim that the enactment, enforcement or violation of this article caused injury or loss of any kind. This article is not intended to and does not require a contractor or beneficiary to hire a particular individual who does not satisfy the minimum qualifications or other requirements of the job as set forth by the beneficiary or the contractor. This article does not give the county, its officers agents or employees any right to control or determine any of the terms or conditions of employment of a First Source register candidate hired by a beneficiary or contractor. (Ord. No. 06-16, Pt. I, 9-12-06) Page 37 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 10  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  D. FIRST SOURCE ACKNOWLEDGEMENT FORM First Source Jobs Ordinance Acknowledgement The DeKalb County First Source Ordinance requires contractors or beneficiaries of eligible projects entering into any type of agreement with the County, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more to make a good faith effort to hire DeKalb County residents for at least 50% of jobs created using the First Source Registry (candidate database) within one hundred twenty (120) days of contract execution. The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs Ordinance. All contractors will be asked to submit an Employment Roster and/or copies of active payroll registers on a monthly basis to verify compliance. The undersigned acknowledges and agrees to comply with the provisions of the DeKalb County First Source Jobs Ordinance. CONTRACTOR OR BENEFICIARY INFORMATION: Contractor or Beneficiary Name (Signature) Contractor or Beneficiary Name (Printed) Title Telephone Email _______________________________ Name of Business Please answer the following questions: 1. How many job openings do you anticipate filling related to this contract? _____ 2. How many incumbents/existing employees will retain jobs due to this contract? DeKalb Residents: _____ Non-DeKalb Residents: _____ 3. How many work hours per week constitutes Full Time employment? ______ Please return this form to WorkSource DeKalb, (404)687-3900 or email to fkadkins@dekalbcountyga.gov Page 38 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 11  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  E. NEW EMPLOYEE TRACKING FORM Name of Bidder__________________________________________________________________ Address_________________________________________________________________ E- Mail____________________________________________________________________ Phone Number_________________________________________________________________ Fax Number_________________________________________________________________ Do you anticipate hiring from the First Source Candidate Registry? Y or N (Circle one) If so, the approximate number of employees you anticipate hiring: _____________________________ Type of Position(s) you anticipate hiring: (List position title, one position per line) Attach job description per job title: The number you anticipate hiring: Timeline Page 39 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 12  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  F. BUSINESS SERVICE REQUEST FORM Please complete this form for each position that you have available.    DATE: FEDERAL TAX ID: COMPANY NAME: WEBSITE: ADDRESS:   (WORKSITE ADDRESS IF DIFFERENT):   CONTACT NAME: TITLE: CONTACT E-MAIL ADDRESS: CONTACT PHONE: Are you a private employment agency or staffing agency? YES NO    JOB DESCRIPTION: (Please include a copy of the Job Description) POSITION TITLE: ____________________________________________________________ NUMBER OF POSITIONS AVAILABLE: _________ TARGET START DATE: _________________ WEEKLY WORK HOURS: 20-30 hours 30-40 hours Other ________________ SALARY RATE (OR RANGE): ________________ SPECIFIC WORK SCHEDULE: ___________ PERM TEMP TEMP-TO-PERM SEASONAL PUBLIC TRANSPORTATION ACCESSIBILITY: YES NO SCREENINGS ARE REQUIRED: YES NO SELECT ALL THAT APPLY: CREDIT CHECK DRUG MVR BACKGROUND OTHER __________________ HOW TO APPLY: __________________________________________________________________________ __________________________________________________________________________ Please return form to: jbblack@dekalbcountyga.gov DO NOT WRITE BELOW THIS LINE - TO BE COMPLETED BY WORKSOURCE DEKALB ONLY SYSTEM TYPE: First Source Direct Hire Work Experience (WEX) ENTRY DATE: _________ ASSIGNED TO: _______________________________________ DATE: _____________   Page 40 of 98 WorkSource DeKalb – Standard Operating Procedures – Business Solutions Unit Revised September 2020                    Page 13  WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon  request to individuals with disabilities. Persons with hearing impairments may call 1‐800‐255‐0135 or 711 TTY for  assistance.  WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job  Center Network.  G. EMPLOYMENT ROSTER DeKalb County Contract Number: _________________________ Project Name: ____________________________ Contractor: ______________________________ Date: ___________ Name Position: Start Date Hourly Rate of Pay Hired for this Project? (yes/no) Anticipated Length of Employment (Months) % of Time Dedicated to the Project Full or Part Time? (No. of Hours) Georgia County of Residency Page 41 of 98 ATTACHMENT G CONTRACTOR’S COST PROPOSAL (consisting of 2 pages) WESTSIDE AVIATION TRACT W-3 DEVELOPMENT ON DEKALB PEACHTREE AIRPORT Responder: Please complete the attached pages of the Cost Proposal Form and return them with this cover page. The cost proposal MUST be submitted in a separate, sealed envelope with the Responder’s name and the title: “Request for Proposal No. 20-500563 – Westside Aviation Tract W-3 Development on DeKalb Peachtree Airport” on the outside of the envelope. By signing this page, Responder acknowledges that he/she has carefully examined and fully understands the Contract, Scope of Work (SOW) and other attached documents, and hereby agrees that if the proposal is accepted, he/she will contract with Dekalb County according to the Request for Proposal documents. Please provide the following information: Name of Firm: _________________________________________________________________ Address: ______________________________________________________________________ Contact Person Submitting Proposal: _______________________________________________ Title of Contact Person: __________________________________________________________ Telephone Number: ______________________________________________ E-mail Address: _________________________________________________ __________________________________________ Signature of Contact Person __________________________________________ Title of Contact Person Page 42 of 98 CONTRACTOR’S COST PROPOSAL (continued) ***COST PROPOSAL MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE OR PROPOSER WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD. INCLUDING THE COST PROPOSAL IN ANY AREA OUTSIDE OF THE SEPARATE SEALED ENVELOPE WILL RESULT IN THE PROPOSAL BEING DEEMED NON-RESPONSIVE.*** Responder: Provide a price per square foot for unimproved property. The minimum rate of leased property is $.45 per square foot. Responder must enter price per square foot below for Lease of W-3 consisting of approximately 0.333 acre (14,527 square feet): ______________________________________________________________________________ Price per Square Foot (in Words) $___________________________________________ Price per Square Foot (in Numerals) Page 43 of 98 ATTACHMENT H SAMPLE STANDARD CONTRACT Lease Agreement at DeKalb Peachtree Airport Between DeKalb County, Georgia and Page 44 of 98 TABLE OF CONTENTS Page SECTION 1 LEASED PROPERTY A. Description B. Site SECTION 2 USE OF LEASED PROPERTY A. Use by Lessee B. Services C. Ingress and Egress SECTION 3 RESTRICTIONS ON USE OF LEASED PROPERTY A. Leased Property to be Used for Designated Purposes B. Control of Lighting C. FAR Part 135 Air Taxi/Charter Operations D. Airport Master Plan SECTION 4 TERM OF LEASE AGREEMENT A. Phase I – Construction B. Phase II – Twenty (20) Year Term C. Phase III - Option for Renewal Term SECTION 5 LEASE PAYMENT A. Phase I Construction Rent B. Phase II Rent C. Rent Escalation D. Phase III - Option for Renewal Period Rent E. Audit F. Failure to Pay SECTION 6 SCHEDULE OF IMPROVEMENTS BY LESSEE A. Minimum Improvements B. Plans and Specifications SECTION 7 CONSTRUCTION A. Schedule B. Building Code C. Default by Failure to Construct SECTION 8 COMPLIANCE WITH LAWS AND REGULATIONS A. Subordination of Leased Property to U.S.A. Page 45 of 98 B. Non-Discrimination C. Airport Rules and Regulations D. FAA Rules and Regulations E. No Derogation of Rights of Lessee F. Disturbance on Leased Property SECTION 9 UTILITIES A. Payment For Utilities B. Right of Connection C. Waiver of Damage SECTION 10 CHARACTER AND STANDARDS OF OPERATION A. Compliance with Permit Standards B. Operate in a First-Class Manner C. Supervision by Manager SECTION 11 LESSEE TO HOLD HARMLESS SECTION 12 LIABILITY A. Indemnification B. Abandonment C. Liens D. Bankruptcy E. Tenant at Will SECTION 13 LIABILITY INSURANCE A. Comprehensive General Liability B. Comprehensive Automobile Liability C. Workers’ Compensation Liability D. Policies E. Certificate of Coverage SECTION 14 BUILDERS RISK INSURANCE SECTION 15 PERMANENT PROPERTY INSURANCE SECTION 16 DAMAGE, DESTRUCTION OR CONDEMNATION OF LEASED PROPERTY A. Maintenance of Improvements B. Condemnation SECTION 17 INSPECTION OF LEASED PROPERTY A. Inspection of Leased Property B. Inspection Report Page 46 of 98 SECTION 18 TITLE A. Newly Constructed Buildings and/or Replacement Structures B. Existing Property and Structures C. Reversion of Title SECTION 19 TAXES Page SECTION 20 EVENTS OF DEFAULT BY LESSEE SECTION 21 RESULTS OF LESSEE’S DEFAULT SECTION 22 NON-WAIVER OF DEFAULTS SECTION 23 LESSEE’S ENCUMBRANCES A. Obligation B. Cure of Default by Mortgagee C. Cure by Commencement of Performance D. Foreclosure of Liens E. Non-Relief of Liability SECTION 24 TERMINATION BY LESSEE SECTION 25 RIGHTS PRIOR TO TERMINATION SECTION 26 REDELIVERY OF LEASED PROPERTY SECTION 27 LESSOR’S LIEN SECTION 28 QUIET ENJOYMENT SECTION 29 SALE, ASSIGNMENT, TRANSFER AND SUBLETTING SECTION 30 WAIVERS SECTION 31 SECURITY A. Access to Non-Movement Area / Ingress and Egress B. Gate Combination and/or Access Code C. Access Card D. Fraud and Intentional Falsification of Records E. Security Responsibilities of Employees and Other Persons F. “ On Airport Driver’s Safety and Training Guide for the DeKalb Peachtree Airport” G. Airport Safety and Security Page 47 of 98 SECTION 32 PUBLIC USE AND FEDERAL GRANTS A. Grant Agreements B. Non-Exclusive Rights C. Right to Develop Airport D. Subordination of Lease E. Right to Amend SECTION 33 BONDS Page SECTION 34 CONSENT NOT TO BE UNREASONABLY WITHHELD SECTION 35 PREVENTION OF TRESPASS SECTION 36 SIGNS AND ADVERTISING SECTION 37 RELATIONSHIP BETWEEN THE PARTIES SECTION 38 TIME OF THE ESSENCE SECTION 39 LEASE MADE IN GEORGIA SECTION 40 HEADINGS SECTION 41 NOTICES SECTION 42 SURRENDER AND MERGER SECTION 43 SUCCESSORS AND ASSIGNS SECTION 44 PERMITS AND LICENSES SECTION 45 AS-BUILT PLANS TO BE FURNISHED SECTION 46 AIRPORT DIRECTOR SECTION 47 MAINTENANCE OF RUNWAYS AND TAXIWAYS SECTION 48 TRASH AND REFUSE A. Removal and Disposal B. Storage C. Waste Products SECTION 49 OBSTRUCTION LIGHTING SECTION 50 REMOVAL OF EXCESS DIRT Page 48 of 98 SECTION 51 LATE PAYMENT CHARGE SECTION 52 VENUE SECTION 53 AMENDMENT OF LEASE AGREEMENT SECTION 54 POSSESSION OF LEASED PROPERTY SECTION 55 ENVIRONMENTAL LAWS Page SECTION 56 STORM WATER COMPLIANCE A. Acknowledgments B. Permit Compliance C. Indemnification D. Definitions SECTION 57 NO CLAIMS ON AIRCRAFT SECTION 58 EXCLUSIVE USE AREA A. Designation B. Access to Non-Movement Area Only C. Gate Combination and/or Access Code SECTION 59 SEVERABILITY Page 49 of 98 STATE OF GEORGIA COUNTY OF DEKALB LEASE AGREEMENT THIS LEASE AGREEMENT, by and between DEKALB COUNTY, a political subdivision of the State of Georgia (hereinafter referred to as the “Lessor” or “PDK”) and _______________________, organized and existing under the laws of the State of ______ (hereinafter referred to as the “Lessee”); W I T N E S S E T H: WHEREAS, the Lessor is the owner of a tract of land in Land Lots 244, 245, 270, 279 and 280 of the 18th District of DeKalb County, Georgia, lying generally within an area bounded on the north by Chamblee-Tucker Road; on the west by Clairmont Road and Hardee Avenue; on the south by Dresden Drive; and on the east by Buford Highway, which is known as DeKalb Peachtree Airport (hereinafter referred to as “Airport”); and WHEREAS, Lessee desires to lease from Lessor, and Lessor desires to lease to Lessee, that property on the DeKalb Peachtree Airport identified as (street address), Chamblee, Georgia 30341 and more particularly described by the legal descriptions on survey plat by ___________________________________, dated ____________, which is hereby attached as Exhibit “A” and made a part of this Lease; and WHEREAS, the Governing Authority of DeKalb County is aware that this Lease Agreement exceeds twenty (20) years and has determined that, in consideration of Lessee’s proposed investment of $______, substantial benefit would inure to the public by approval of this Lease Agreement; and NOW THEREFORE, for and in consideration of the premises and covenants herein contained and in further consideration of the payment of rent hereinafter stipulated, and of the terms and conditions herein set forth, the parties hereto do hereby agree as follows: SECTION 1. LEASED PROPERTY: A. Description. That property on DeKalb Peachtree Airport identified as Lease Tract W-3, and more particularly described by the legal descriptions on Survey Plat by Page 50 of 98 _____________________________, dated ________________, attached hereto as Exhibit A and incorporated herein by reference (the “Leased Property”); and as may be further defined with a Final Survey that will be prepared and submitted to the Airport Director after the Lessee’s construction plans have been approved and required permits issued by the County, the City of Chamblee, and the Federal Aviation Administration. B. Site. The subject site lies within the boundaries of the DeKalb Peachtree Airport (PDK). Airport Road and Clairmont Road generally bound the Airport on its north and west sides respectively. The site generally encompasses ____ acres, or ____ square feet. The site is currently unimproved. SECTION 2. USE OF LEASED PROPERTY: A. Use by Lessee. Lessee shall, in a manner consistent with its present and past use, use the Leased Property for its corporate aviation department which includes a corporate hangar and office/shop building, pilot’s office/lounge, restrooms, aprons, ramps, taxiway, auto parking and aircraft refueling facility. Leased Property includes the following: 1. Land: Approximately _____ square feet to provide for building, paved automobile parking and driveway and aircraft fuel only storage and dispensing equipment. 2. Buildings: Approximately ______square feet of properly lighted and heated building space for offices/shop, pilots’ lounge, and restroom facilities. Approximately ______ square feet of space for an aircraft storage hangar. B. Services: Lessee shall provide fuel, oils, lubricants and maintenance for its corporate aircraft only on and from the Leased Premises. maintenance for its corporate aircraft only on and from the Leased Premises. C. Ingress and Egress. Lessee shall have the right of ingress to, and egress from the Leased Property over airport roadways, including the use of common-use roadways, expressly subject to such rules and regulations as may be established by the Airport Director respecting such use and subject to law. Lessee shall have the right of ingress to, and egress from, the Leased Property by way of aircraft taxiway or aircraft access way adequate for Lessee’s aircraft. SECTION 3. RESTRICTIONS ON USE OF LEASED PROPERTY: Page 51 of 98 A. Leased Property to Be Used for Designated Purposes. The Leased Property shall not be used for any purposes except for the specific purposes herein designated without the written consent of the Lessor. B. Control of Lighting. Lessee agrees to control all existing and future lighting on the Leased Property so as to prevent illumination from being a hazard to pilots landing on, taking off from, or taxiing on the Airport. The determination of whether lighting creates a hazard shall rest solely upon the judgment of the Airport Director. C. FAR Part 135 Air Taxi/Charter Operations. FAR Part 135 Air Taxi or Air Charter Operations are not permitted to operate directly from the Leased Property or the facilities thereon. This does not mean that Lessee cannot require its flight crew to be certificated under FAR Part 135 or that aircraft cannot be used in FAR Part 135 operations. It simply means that Lessee cannot specifically conduct FAR Part 135 operations for or on behalf of others from the Leased Property or facilities thereon. D. Airport Master Plan. Lessee will at all times cooperate with all provisions of any Airport Master Plan to be adopted by the Airport and/or approved by the Board of Commissioners. SECTION 4. TERM OF LEASE AGREEMENT: The term of this Lease Agreement consists of three (3) phases: Phase I – Construction Phase II – Twenty (20) Year Term Phase III – Option for Renewal Period. A. Phase I – Construction. This Lease Agreement shall commence and be effective on execution of this Lease Agreement with DeKalb County and shall end no later than two (2) years after the execution date of the Lease Agreement or the issuance of a Certificate of Occupancy whichever comes first. B. Phase II – Twenty (20) Year Term. The term of Phase II of this Lease Agreement shall commence the calendar day following the end of Phase I – Construction and shall be for a period of twenty (20) years. This Lease Agreement shall terminate absolutely and without further obligation on the part of either Lessor or Lessee on __________, unless renewed pursuant to Section C, Phase III - Option for Renewal Term, or terminated earlier in accordance with the Page 52 of 98 termination provisions of this Lease Agreement. C. Phase III - Option for Renewal Term. Lessee may renew this Lease Agreement in accordance with Section 6-136 of the DeKalb County Code as Revised, 1988. Failure to comply with Section 6-136 of the DeKalb County Code as Revised, 1988 shall be grounds to terminate this Lease Agreement and the parties shall have no further rights, duties of obligations hereunder, other than obligations that are accrued but unsatisfied as of the date of the termination. SECTION 5. LEASE PAYMENT: A. Phase I – Construction Rent. Lessee agrees to pay Lessor, as Basic Rent for the Leased Property during Phase I - Construction, an annual amount of _________________________. Rent is accrued on a monthly basis and shall be paid in equal monthly installments, in the amount of ______________________ Dollars due and payable on the first day of each month in advance during the term of this Lease Agreement. B. Phase II Rent – Twenty (20) Year Term. Lessee agrees to pay Lessor, as Basic Rent for the Leased Property, an initial annual amount of _________________________, and subject to escalation as