DeKalb County Department of Purchasing and Contracting

Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030 _

June 9, 2025

INVITATION TO BID (ITB) NO. 2025-042

FOR

SOUTH HAIRSTON ROAD AT BRASAC DRIVE SAFETY IMPROVEMENT – PHASE I

DEKALB COUNTY, GEORGIA

Procurement Agent: Jenifer G. Chapital

Phone: 404-371-2569

Email: jchapital@dekalbcountyga.gov

Mandatory DeKalb First LSBE Meeting:

(Bidders must attend 1 meeting on either of the dates listed.)

Pre-Bid Conference (Non-Mandatory):

Deadline for Submission of Questions:

Bid Opening:

Price Schedule Opening:

June 11, 2025 or June 18, 2025

(Meetings are held at 10:00 a.m. and 2:00 p.m.)

ZOOM Conference: Utilize the link supplied on our webpage https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program

June 26, 2025, 11:00 AM Zoom Webinar – https://dekalbcountyga.zoom.us/j/83804035894

Passcode:712715

5:00 P.M. ET, June 27, 2025

3:00 P.M. ET, July 18, 2025 https://dekalbcountyga.zoom.us/j/82652106921

Passcode:709228

TBD

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS BID 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 BIDDER.

mailto:jchapital@dekalbcountyga.gov https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program https://dekalbcountyga.zoom.us/j/83804035894 https://dekalbcountyga.zoom.us/j/82652106921

2025-042-ITB South Hairston Road at Brasac Drive Safety Improvement – Phase I

TABLE OF CONTENTS

Title Page Number

Acknowledgment of Bidder 3

Advertisement for Bids 4

Instructions to Bidders 6

Bid Price Form 13 - 17

Bid Bond Form 18 – 19

Prime Contractor’s Reference and Release Form 20-21

LSBE Sub-Contractor’s Reference and Release Form 22-23

DeKalb First (LSBE) Ordinance Information Sheet (Exhibits 1 & 2) 24-32

Certificate of Corporate Bidder 33

Certificate of Authority – Joint Venture Bidder 34

Bidder’s Affidavit of Compliance with O.C.G.A. §13-10-91 35

Public Works Construction Affidavit and Oath of Successful Bidder

First Source Job Ordinance Information with Exhibits 1 – 4

Required Documents Checklist

Standard Form Contract for Construction

Technical Specifications & Drawings

37 - 40

Exhibit 1 (p. 43 - 95)

Exhibit 2 (p. 96)

ACKNOWLEDGEMENT OF BIDDER

I ___________________________ have had the opportunity to review and have reviewed this Bid Document Package dated June 9, 2025 in its entirety and I agree that it is accurate and complete. I_______________________ am duly and properly in office and I am fully authorized and empowered to execute this Acknowledgement for and on behalf of the Contractor.

By: ______________________(SEAL)

Signature

Name (Typed or Printed)

Title

Name of Business

Federal Tax I.D. Number

ATTEST:

Signature

Name (Typed or Printed)

Title

ADVERTISEMENT FOR BIDS

DEKALB COUNTY, GEORGIA

INVITATION NUMBER 2025-042-ITB

Bids will be received electronically via the County eProcurement Portal https://procurement.opengov.com/portal/dekalbcountyga until 3:00 p.m. on the 18th day of July, 2025 at which time and place they will be publicly opened and read aloud, for furnishing all labor, materials, equipment, and all things necessary pursuant to Drawings, Specifications, conditions, etc., for SOUTH HAIRSTON ROAD

AT BRASAC DRIVE SAFETY IMPROVEMENT – PHASE I (“the Project”). Bid Price Form shall be opened and read aloud upon completion of the evaluation of the bids.

South Hairston Road at Brasac Drive Safety Improvement – Phase I:

The project consists of installing a new concrete pad for a MARTA bus shelter, reconstructing a sidewalk ramp, extending existing guardrail, and installing two solar powered flashing beacons. Contractor shall fully complete the Work within 120 calendar days from and including the acknowledgement date from the notice to proceed.

1. SUBMIT ONE (1) ORIGINAL BID PACKAGE (INCLUSIVE OF THE ENTIRE INVITATION TO

BID DOCUMENT AND REQUIRED DOCUMENTS, WITH THE EXCEPTION OF THE BID PRICE

FORM AND BID BOND). ANY PRICING INCLUDED IN THE BID PACKAGE WILL CAUSE THE

BIDDER TO BE DEEMED NON-RESPONSIVE.

2. ***BID PRICE FORM AND BID BOND MUST BE SUBMITTED TO THE COUNTY

ePROCUREMENT PORTAL AS SEPARATE ATTACHMENTS OR BIDDER WILL BE DEEMED

NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD***

Contract Documents, Drawings, and Specifications for this Work are on file and open for inspection at the

Department of Purchasing and Contracting, The Maloof Center, 2nd Floor, 1300 Commerce Drive, Decatur, Georgia 30030. A complete set of documents may be obtained from the county’s website at the following link:

http://www.dekalbcountyga.gov/purchasing-contracting/new-itbs-rfps-opengov. Bids will be considered only from experienced and well-equipped contractors.

PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held June 26, 2025, at 11:00 AM, via Zoom:

https://dekalbcountyga.zoom.us/j/83804035894 Passcode:712715.

Bidders are strongly encouraged to attend and participate in the pre-bid conference. For information regarding the pre-bid conference, please contact Jenifer Chapital, Procurement Agent, at 404-371-2569, or via email at jchapital@dekalbcountyga.gov.

QUESTIONS

All requests must be submitted via the County eProcurement Portal. Any explanation desired by a bidder regarding the meaning or interpretation of the Invitation to Bid, drawings, specifications, requirements, or exceptions to the proposed Sample County Contract, must be submitted via the County eProcurement Portal and with sufficient time allowed for a reply to reach bidders before the submission of their bids. If any statement in the bidding documents, specifications, plans, etc., appear ambiguous to the Bidder, Bidder is specifically instructed to submit a request via the County eProcurement Portal located at https://procurement.opengov.com/portal/dekalbcountyga. Any information given to a prospective bidder concerning an Invitation to Bid will be furnished to all prospective bidders, as an addendum to the Invitation to

Bid, if such information is necessary to bidders in submitting bids on the Invitation or if the lack of such information would be prejudicial to uninformed bidders. Oral explanations or instructions given before the award of the contract will not be binding. Questions must be submitted no later than 5:00 pm

EST on "FRIDAY, June 27, 2025”.

No Bid may be revoked or withdrawn until one hundred twenty (120) days after the time set for opening the

Bids.

THE COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE

INFORMALITIES IN BIDDING, AND TO RE-ADVERTISE.

This 9th day of June, 2025.

DEKALB COUNTY, GEORGIA

By: __________________________________

Jenifer G. Chapital

Procurement Agent

Department of Purchasing and Contracting

INSTRUCTIONS TO BIDDERS

GENERAL

Bids will be received electronically via the County eProcurement Portal https://procurement.opengov.com/portal/dekalbcountyga, until 3:00 p.m. on July 18, 2025 according to the Drawings and Specifications entitled “ITB No. 2025-042 SOUTH HAIRSTON

ROAD AT BRASAC DRIVE SAFETY IMPROVEMENT – PHASE I” on file in the

Department of Purchasing and Contracting, The Maloof Center, 2nd Floor, 1300 Commerce Drive, Decatur, Georgia 30030. Bid Price Forms shall be opened and read aloud after the completion of the evaluation of bids. Sealed Bids shall be submitted on the form furnished by the County electronically.

1. SUBMIT ONE (1) ORIGINAL BID PACKAGE (INCLUSIVE OF THE ENTIRE

INVITATION TO BID DOCUMENT AND REQUIRED DOCUMENTS, WITH THE

EXCEPTION OF THE BID PRICE FORM AND BID BOND). ANY PRICING

INCLUDED IN THE BID PACKAGE WILL CAUSE THE BIDDER TO BE DEEMED

NON-RESPONSIVE.

2. *** BID PRICE FORM AND BID BOND MUST BE SUBMITTED TO THE COUNTY

ePROCUREMENT PORTAL AS SEPARATE ATTACHMENTS OR BIDDER WILL

BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR

AWARD***

Complete set of documents may be obtained from the county’s website at the following link:

https://www.dekalbcountyga.gov/purchasing-contracting/new-itbs-rfps-opengov. Bids will be considered only from experienced and well-equipped contractors. Prior to beginning construction, the successful Bidder will file with the County a Performance Bond and a Payment Bond, each equal to 100% of the Contract Price, with the terms and surety to be approved by the County; and furnish satisfactory proof of carriage of the insurance required.

SUBMITTING BIDS

Bids are to be submitted on the proper unaltered forms and shall be submitted electronically through the County eProcurement portal https://procurement.opengov.com/portal/dekalbcountyga.

FAILURE TO SUBMIT THE BID PRICE FORM AND BID BOND AS SEPARATE

ATTACHMENTS SHALL DEEM THE BID NON-RESPONSIVE. INCLUDING THE BID

PRICE FORM AND BID BOND IN ANY AREA OUTSIDE OF THEIR SEPARATE

ATTACHMENTS WILL RESULT IN BIDDER’S BID BEING DEEMED NON-

RESPONSIVE.

BUSINESS LICENSE

Bidders shall submit a copy of its current, valid business license with its Bid. If the Bidder is a Georgia corporation, Bidder shall submit a valid county or city business license. If Bidder is a joint venture, Bidder shall submit valid business licenses for each member of the joint venture. If the Bidder is not a Georgia corporation, Bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of its current, valid business license issued by its home jurisdiction. If Bidder holds a professional license, then Bidder shall submit a copy of the valid professional license. Failure to provide the business license, certificate of authority, or professional license required by this section, may result in the proposed Bid being deemed non-responsive.

QUESTIONS, ADDENDA AND INTERPRETATION

All requests must be submitted via the County eProcurement Portal. Any explanation desired by a bidder regarding the meaning or interpretation of the Invitation to Bid, drawings, specifications, requirements, or exceptions to the proposed Sample County Contract, must be submitted via the

County eProcurement Portal and with sufficient time allowed for a reply to reach bidders before the submission of their bids. If any statement in the bidding documents, specifications, plans, etc., appear ambiguous to the Bidder, Bidder is specifically instructed to submit a request via the County eProcurement Portal located at https://procurement.opengov.com/portal/dekalbcountyga. Any information given to a prospective bidder concerning an Invitation to Bid will be furnished to all prospective bidders, as an addendum to the Invitation, if such information is necessary to bidders in submitting bids on the Invitation to Bid or if the lack of such information would be prejudicial to uninformed bidders. Oral explanations or instructions given before the award of the contract will not be binding. Questions must be submitted no later than 5:00 pm EST on June 27, 2025. No responses to requests, answers to specification questions, or additional information shall be supplied after the deadline for Submission of Questions.

ACKNOWLEDGMENT OF ADDENDA

Addenda may be issued in response to changes in the Invitation to Bid. Addenda must be acknowledged via the County eProcurement portal. Failure to properly acknowledge any addendum may result in the proposed Bid being deemed non- responsive. All addenda issued for this Project may be found on DeKalb County’s website, https://procurement.opengov.com/portal/dekalbcountyga.

AUTHORITY TO SIGN

If a Bid is submitted by an individual, his/her name and mailing address must be shown. If submitted by a corporation, partnership, or joint venture, the name and physical mailing address of each member of the corporation, partnership, or joint venture must be shown. If submitted by a corporation, the Certificate of Corporate Bidder in the form attached to the Bid Document

Package must be executed and submitted with the Bid. If submitted by a joint venture, the

Certificate of Authority – Joint Venture in the form attached to the Bid Document Package must be executed and submitted with the Bid. A post office box is not acceptable as a physical mailing address. The legal and proper name of the proprietorship, corporation, or partnership submitting the Bid shall be printed or typed in the space provided on the Certificate of Corporate Bidder.

BID GUARANTEE TO ACCOMPANY BID

Each Bid must be accompanied by a Bid Guarantee in an amount of not less than ten percent (10%) of the amount of the Bid. The Bid Guarantee may be in the form of an official bank check payable to DeKalb County, or a Bid Bond in the form provided in the Bid Document Package. The Bid

Bond shall be issued by a surety company licensed to write bonds in the State of Georgia, listed in the most current U.S. Treasury Circular No. 570, and have a current A.M. Best rating of "A"

(Excellent) with a Financial Size Category of XII or better.

VALID INSURANCE, BONDS, LICENSES, PERMITS, AND CERTIFICATES

Bidder shall ensure that any bond, bid bond, payment bond, performance bond, insurance, license, permit or certificate submitted in response to this Invitation to Bid or as part of the Contract for this Project shall be current and valid when submitted, and shall remain valid, current and maintained in good standing for the Contract Term.

BUILDERS’ RISK INSURANCE COVERAGE

DeKalb County shall procure and maintain Builders Risk Insurance on the entire work which provides “All-risk” form that shall at least include insurance for physical loss or damage to the

Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by flood), and such other perils or causes of loss as may be specifically required by Supplementary Conditions) until Final

Completion and Acceptance of the Project. Such policy of insurance shall contain at least the following sub-limits of insurance and deductibles:

Sub-limits:

Property in Transit $1,000,000

Property in Offsite Storage $1,000,000

Plans & Blueprints $25,000

Debris Removal 25% of Insured Physical Loss

Delay in Completion / Soft Cost TBD

Ordinance of Law (Increased Cost of Construction) $1,000,000

Flood and Earthquake TBD – Full Contract Value

Deductibles:

Flood and Earthquake $25,000

Water Damage other than Flood $100,000

All other Perils $10,000

RIGHTS RESERVED

The County reserves the right to reject any or all Bids, to waive informalities, and to re-advertise.

The County reserves the right to decide which Bid will be deemed lowest, responsive and responsible. For consideration as a responsible Bidder, the proposed Bidder shall, among other qualifications, demonstrate in its Bid that it has been the general contractor engaged in construction and successful completion of facilities of similar character and magnitude for at least five (5) years, and shall demonstrate the financial ability to perform the required Work. Bidder may be required to submit evidence setting forth qualifications which entitle him to consideration as a responsible

Bidder. A list of work of similar character successfully completed within the last five (5) years may be required as set forth in the Invitation to Bid giving the location and size of each project.

Bidder shall complete the Reference and Release Form attached to the Bidder Document Package.

In addition, the Bidder shall submit upon request by the County, a list of equipment available for use on this Work with its Bid. Any additions, conditions, limitations, or provisions attached to the

Bid shall render it informal and may be cause for rejection as non-responsive. No Bid may be revoked or withdrawn until one hundred twenty (120) days after the time set for opening the Bids.

AWARD OF CONTRACT

The Contract, if awarded, will be awarded to that responsible Bidder whose responsive Bid will be most advantageous to the County, price and other factors considered. The County is entitled to make the determination in its sole discretion. The Contract between the County and the Contractor shall be executed in the form attached to the Bid Document Package on pages 43-96 and shall form a binding contract between the contracting parties. A Performance Bond and a Payment Bond, each equal to 100% of the Contract Price, must be provided by the successful Bidder, issued in proper form by a surety company licensed to write bonds in the State of Georgia, listed in the most current U.S. Treasury Circular No. 570, and which has a current A.M. Best rating of "A"

(Excellent) with a Financial Size Category of XII or better. Bonds given shall meet the requirements of the law of the State of Georgia including, but not limited to, O.C.G.A. §13-10-1 and §36-91-21 et seq.

FAILURE TO EXECUTE CONTRACT

The County shall have one hundred twenty (120) days after the time set for openings of Bids to notify a Bidder of the County’s acceptance of the Bid and its intent to award the Contract to such

Bidder. If the County so notifies a Bidder and the Bidder fails to enter into the Contract in the form attached to the Bid Document Package on pages 43–96 within ten (10) days of receiving such notice or fails within that time to provide the required Payment and Performance Bonds and proof of required insurance, the amount of the Bid Bond or other Bid Guarantee shall be paid over to the

County as liquidated damages. The acceptance of the payment of the Bid Bond shall not operate to bar any claim the County might otherwise have against the Bidder, and the County shall be authorized to pursue any claim against the Bidder for failure to consummate the Contract as may be authorized by law.

TIME AND LIQUIDATED DAMAGES

Construction must begin within ten (10) days from the date the Contractor acknowledges receipt of the Notice to Proceed, by signing and inserting the acknowledgement date on the Notice to Proceed. Contractor shall fully complete the Work within 120 days from and including the acknowledgement date. For failure to complete the Work within this period, the Contractor shall pay the County liquidated damages in accordance with Georgia Department of Transportation

(GDOT) Standard Specification, Section 108.08 for each day in excess of the Contract Time, unless an extension of the Contract Time has been obtained by Change Order, as defined in the

Contract, prior to the expiration of the Contract Term as defined in the Contract.

LOCATIONS AND SITE

The site of the proposed Work is at the stated location(s) within DeKalb County, Georgia. By submitting a Bid, the Bidder accepts the site in its present condition and agrees, if awarded the

Contract, to carry out all Work in accordance with the requirements of the Contract, the

Specifications and as shown on the Drawings. The Bidder shall, before submitting a Bid, visit the site and acquaint itself with the actual conditions and the location of any or all obstructions that may exist on the site. The documents comprising the Contract contain the provisions required for the completion of the Work to be performed pursuant to this Contract. Information obtained from an officer, agent, or employee of the County, or any other person shall not affect the risks or obligations assumed by the Contractor or relieve it from fulfilling any of the conditions of the

Contract. Each Bidder, prior to submitting his Bid, is responsible for inspecting the site and for reading and being thoroughly familiar with all of the documents comprising the Contract and Bid

Document Package. The failure or omission of any Bidder to so familiarize himself shall in no way relieve any Bidder from any obligation in respect to his Bid. The Contractor shall inspect all easements and rights-of-way to insure that the County has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract. The Contractor shall comply with all stipulations contained in easements acquired by the County. If applicable to the Work, all easements and rights-of-way documents are available for inspection in the office of the DeKalb County Public Works Department-Transportation Division, 1950 West Exchange

Place, 4th Floor, Tucker, GA 30084. The Contractor shall not be entitled to damages and agrees not to make any claim against the County, its officials or employees for the failure to obtain necessary interests in land for this Project. The Contractor shall accurately locate above-ground and below-ground utilities and structures which may be affected by the Work using whatever means may be appropriate.

DEKALB FIRST ORDINANCE

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 https://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting.

It is required that all responding Bidders attend the mandatory LSBE meeting within two-weeks of the solicitation’s advertisement, and comply with, complete and submit all LSBE forms with the

Bidder’s response in order to remain responsive to the bid. Attendance is via video conference and/or teleconference. Instructions for attendance via video conference can be found on the

County’s website at https://www.dekalbcountyga.gov/purchasing-contracting/general-information.

https://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting https://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting

For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact the LSBE Program representative at DeKalbFirstLSBE@dekalbcountyga.gov.

FEDERAL WORK AUTHORIZATION PROGRAM PARTICIPATION

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. In order for a Bid to be considered, it is mandatory that the Bidder’s Affidavit of Compliance with O.C.G.A. §13-10-91 included as page 33 be completed and submitted with the Bid.

GEORGIA OPEN RECORDS ACT

Contractors will be expected to comply with the applicable provisions of the Georgia Open

Records Act, O.C.G.A. §50-18-70 et seq.

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 J, First Source Jobs Ordinance (with

Exhibits 1 – 4).

For more information on the First Source Jobs Ordinance requirement, please contact WorkSource

DeKalb at www.worksourcedekalb.org or 404-687-3400.

ETHICS RULES

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.

http://www.dekalbworkforce.org/

Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract.

COOPERATIVE PROCUREMENT

The County through P&C may permit joining of 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. Joining 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.

STANDARD COUNTY CONTRACT

The attached sample contract is the County’s standard contract document, which specifically outlines the contractual responsibilities. All bidders should thoroughly review the document prior to submitting a bid during the Q&A period indicated under the Questions section of the solicitation.

Any proposed revisions to the terms or language of this document must be submitted in writing with the bidder’s bid. Since proposed revisions may result in a bid being rejected if the revisions are unacceptable to the County, bidders 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.

ATTACHMENT A

BID PRICE FORM

Refer to the “Project Documents” tab in the County eProcurement portal for the Bid Price Form, pages 13-17.

ATTACHMENT B

BID BOND FORM

Refer to the “Project Documents” tab in the County eProcurement portal for the Bid Bond Form, pages 18-19.

ATTACHMENT C

PRIME CONTRACTOR REFERENCE AND RELEASE FORM

List below at least three (3) references for the PRIME, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to install a new concrete pad for a MARTA bus shelter, reconstruct a sidewalk ramp, extend existing guardrail, and install two solar powered flashing beacons as 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 and Description

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 and Description

ATTACHMENT C CON’T.

PRIME CONTRACTOR REFERENCE AND RELEASE FORM

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 and Description

REFERENCE CHECK RELEASE STATEMENT

You are authorized to contact the references provided above for purposes of this ITB.

Signed_______________________________________ Title___________________________

(Authorized Signature of Bidder)

Company Name _____________________________________Date ____________________

ATTACHMENT D

LSBE SUBCONTRACTOR REFERENCE AND RELEASE FORM

List below at least three (3) references for the LSBE, 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 and Description

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 and Description

ATTACHMENT D CON’T.

LSBE SUBCONTRACTOR REFERENCE AND RELEASE FORM

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 and Description

REFERENCE CHECK RELEASE STATEMENT

You are authorized to contact the references provided above for purposes of this ITB.

Signed_______________________________________ Title___________________________

(Authorized Signature of Bidder)

Company Name _____________________________________Date ____________________

ATTACHMENT E

DEKALB FIRST LSBE INFORMATION

WITH EXHIBITS 1 – 2

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 Invitation to Bid (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 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 1”.) 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

1”. 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 https://www.dekalbcountyga.gov/purchasing 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 1.” 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.

EXHIBIT 1

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: 2025-042-ITB

TITLE OF UNIT OF WORK – South Hairston Road at Brasac Drive Safety Improvement – Phase I

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 2”.

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

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.

EXHIBIT 1, 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):

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 - DeKalb First Program, DeKalbFirstLSBE@dekalbcountyga.gov.

EXHIBIT 1, 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.

(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 1 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 1, 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_______________, 2025.

Notary Public

My Commission Expires:_____________________________________________

EXHIBIT 2

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: 2025-042-ITB

Project Name: South Hairston Road at Brasac Drive Safety Improvement – Phase I

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 LSBE Subcontractor

Signature:_________________________ Signature:______________________________

Title:_____________________________ Title:__________________________________

Date:_____________________________ Date: __________________________________

ATTACHMENT F

CERTIFICATE OF CORPORATE BIDDER

I, (insert name of the Corporate Secretary), certify that I am

Secretary of the corporation named as Bidder herein, same being organized and incorporated to do business under the laws of the State of _____; that _________________________ (insert name of individual signing the Bid) who executed this Bid on behalf of the Bidder was, then and there, (insert title of individuals signing the Bid) and that said Bid was duly signed by said officer for and on behalf of said corporation, pursuant to the authority of its governing body and within the scope of its corporate powers.

I further certify that the names and addresses of the owners of all outstanding stock of said corporation as of this date are as follows:

This day of , 20 .

By:______________________________(Corporate Seal)

Secretary

ATTACHMENT G

CERTIFICATE OF AUTHORITY – JOINT VENTURE

(Separate Certificate to be submitted by each joint venture partner)

I, ,(1) certify that:

1. I am the ________(2) of __________________________,(3) (hereinafter “Venturer”);

2. Venturer is a partner and participant in the joint venture having submitted the Invitation to

Bid or Request for Proposal No. _______________________ for

_______________________________________________(insert Project Name);

3. Venturer is organized and incorporated to do business under the laws of the State of

___________; and

4. Said Invitation to Bid or Request for Proposal No.________________ was duly signed by said officer for and on behalf of said Venturer and the Contractor pursuant to the authority of the governing body of each and within the scope of its corporate powers.

I further certify that the names and addresses of the owners of all the outstanding stock or ownership interest in Venturer as of this date are as follows:

This day of , 20 .

By:_________________________________

Signature of Person Executing Certification

INSTRUCTIONS FOR COMPLETION OF THIS CERTIFICATE:

1. Name of secretary (if Venturer is a corporation), or Manager or CEO (if Venturer is a LLP) of

Venturer.

2. Title of person executing Certification.

3. Name of joint venture partner.

COPY THIS FORM AND SUBMIT SEPARATE CERTIFICATES FOR EACH JOINT

VENTURE PARTNER WITH THE BID OR PROPOSAL.

ATTACHMENT H

BIDDER’S AFFIDAVIT OF COMPLIANCE WITH O.C.G.A. §13-10-91

By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13-10-91, as amended, stating affirmatively that the Bidder 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, commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, as amended. The undersigned further verifies that it will continue to use the federal work authorization program for the Contract Term, and it will only contract with Subcontractors who have registered for the federal work authorization program. The undersigned hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______, ___, 20___ in ________________(city), ______(state).

By:_________________________________

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

Subscribed and Sworn before me on this the

____ day of ______________, 20___.

NOTARY PUBLIC

My Commission Expires:

STATE OF GEORGIA

COUNTY OF DEKALB

ATTACHMENT I

CONTRACTOR AFFIDAVIT AND

OATH OF SUCCESSFUL BIDDER

Personally appeared before me, the undersigned officer, duly authorized to administer oaths,_________________________,(insert name), who, after being duly sworn, deposes as follows:

I,_____________________________, (insert name), am a competent adult, and I have personal knowledge of the facts set forth in this…