CITY OF CARTERSVILLE REQUEST FOR PROPOSALS (RFP)

RFP Number: tba RFP Title: Design / Build: Walnut Grove Trail Reroute

RFP SCOPE OF WORK & PROPOSAL SUBMISSION

1. RFP Period of No Communication

The “No Communication” period starts on the issue date of this Request for Proposals (RFP) December 15, 2025 and lasts until the City Council meeting for contract award recommendation (or until contract award if this isn’t required to go before council for approval).

No person or company, their employees, representatives, agents, attorneys, etc. will contact the City’s elected officials or any City staff concerning this RFP.

Contacting anyone other than the Procurement Agent named below for this RFP during this time will be reason to remove a proposal from consideration and review.

2. Single Point of Contact

David G. Archer, Jr. is the designated point of contact for this RFP on behalf of the City.

Offerors must direct all questions and comments exclusively through the submission of question prior to the posted Deadline for Questions.

Link to City of Cartersville Bids & RFP’s: https://www.cartersvillega.gov/bids.aspx

All official communication will be provided questions about the statements of qualifications, addenda, or the final bid award notice. Direct communication with any other City staff regarding this RFP is not permitted and may result in disqualification.

David can be reached at 770-607-6172 or darcherjr@cartersvillega.gov.

Cartersville Parks & Recreation Department 100 Pine Grove Road Cartersville, GA 30120

3. Please Note: To all current and previous City of Cartersville vendors, contractors, and consultants.

Regardless of any previous relationship with our City, you must build out your proposal as requested in this RFP.

Do not neglect to provide requested information or details requested simply because you expect that we already know your work.

Your response to this procurement will be reviewed and evaluated solely on the information provided in your response.

4. RFP Schedule of Events

A. Proposal Close Date, Deadline for Submissions: January 13, 2026, 10:00 AM. We may change this date during the RFP process. We will post any change in an addendum. Review web page for addenda.

https://www.cartersvillega.gov/bids.aspx mailto:darcherjr@cartersvillega.gov

City of Cartersville - RFP TBA, Design / Build: Walnut Grove Trail Reroute - Scope of Work and Proposal Submission

B. Link to City of Cartersville Bids & RFP’s: https://www.cartersvillega.gov/bids.aspx

C. Timeline:

a. Owner issues RFP 12/15/25

b. Site visits upon request

c. Deadline for questions about the Statements of Qualifications 1/2/26 5:00 PM

d. Owner provides responses to questions from interested firms 1/3/26 5:00 PM

e. Deadline for submission of Statement of Qualifications and Fee Proposals 1/13/26 11:00 AM

f. Interviews, if required TBA TBA

e. Owner Recommends firm to City Council TBA TBA

D. In each question, clearly note the RFP document and section that is in question.

E. We will share any changes or added information from the City by a written addendum publicly posted online with the project procurement documents. Anything assumed as a change that was only communicated in email or verbally does not qualify as a change to the project or procurement information.

F. It is your responsibility to check the bids and RFP link for any addenda, other information, status updates, or other messages before finally uploading a proposal. You must respond using any updated information.

5. Our Review of Proposals and Review Criteria:

A. The City will conduct investigations as we feel necessary to make sure of the Offeror’s ability to provide the supplies or perform the work or services detailed in this RFP.

B. We will first review all proposals to be sure that each proposal includes the basic requirements and information.

C. Some scoring may simply be Pass/Fail. Any proposal that Fails any part or section that is required may be removed from further review and scoring.

D. The Review Team will only receive correct proposals for further evaluation and scoring.

E. Proposals will be scored based on the evaluation criteria noted herein. We may consider accepted industry standards. We may compare all proposals to each other. We will use this review and scoring to decide the top-scoring proposal[s] and the best value for our City.

City of Cartersville RFP TBA, Design/Build: Walnut Grove Trail Reroute https://www.cartersvillega.gov/bids.aspx

Scope of Work and Proposal Submission

F. The design-build team will be selected in a possible 2- phase approach. Phase 1 scoring will be based on the qualifications and the exhibits/renderings submitted depicting what the design-build team will deliver to the City, the schedule to complete the work, and past project delivery experience.

A shortlist of the top-scoring proposals may be created from Phase 1 review.

G. Phase 2, if deemed necessary, will be interviews with the firms that pass scoring and ranking in Phase 1. If the scoring in phase 1 warrants, a shortlist may be created. The firms ranked highly will be invited for an interview with us. We may ask for discussion, negotiation, or a “best and final offer” to finally decide the highest-scoring proposal.

Phase 1, Evaluation Criteria Maximum Points

Firm’s Stability 15

Experience and Qualifications 30

Firm’s Suitability 40

Firm’s Fee Proposal 15

Total Maximum Point Score 100

Evaluation Criteria Explanations:

0-15 Points: Stability of the firm, including the firm’s corporate history, growth, resources, form of ownership, litigation history, financials, etc.

0-30 Points: Firm’s relevant project experience and qualifications, including the demonstrated ability of firm in effective management of construction of facilities comparable in complexity, size, and function, for Owners such as the City of Cartersville and other similarly-structured organizations. This includes relevant experience and qualifications of the firm’s principal Project Executive, Project Manager, and/or Superintendents; and the demonstrated proficiency of the firm in projects similar to this Project.

0-40 Points: Firm’s suitability to provide services for project, including the firm’s apparent fit to the project type and/or needs of the Owner, any unique qualifications for the project, current and projected workloads, the proximity of office to project location, and special services for project-related concerns. The suitability and overall quality of proposed project management plan and approach.

0-15 Points: Firm’s Fee Proposal to provide preconstruction and construction services.

SCOPE OF WORK:

1. General Description

The City of Cartersville is soliciting proposals from design-build firms to design and construct the Walnut Grove Trail Reroute behind the Cartersville Water Treatment Plant. The project is to include 8-feet wide, 5-foot thick concrete trail with approximately 2,010-feet long, along with a footbridge across Pettit Creek. Trail will maintain a 75-foot buffer from the creek.

Footbridge will consist of 60-foot x 8-feet wide timber boardwalk with HDPE decking and concrete abutments. Project will include all clearing, grading and finishing work with erosion control.

Our future trail will be located in the floodplain and a bridge will be required to cross-over a floodway. This will need to be addressed and permitted correctly. The project and bridge installation will need to meet the requirements found in Chapter 7.5 Development Regulations of our Municode. Article VI of this chapter is our Floodplain Management/Flood Damage Prevention Ordinance. All items regarding the floodplain/floodway can be found in this section. However, other items such as general design, soil erosion and pollution control, stream buffers and post-construction stormwater management are found in varying articles within Chapter 7.5. I think it would be a good idea to put text that addresses that all work and design are to meet the requirements found in Chapter 7.5 of our Municode.

For Floodway requirements with a bridge, see the section below found in Article VI:

(e) Floodway encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

(1) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway, except for activities specifically allowed in subsection (e)(2) below;

(2) Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment will not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A licensed professional engineer must provide supporting technical data and certification thereof;

(3) If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the City of Cartersville until an affirmative conditional letter of map revision (CLOMR) is issued by FEMA or a no-rise certification is approved by the City of Cartersville.

• The Walnut Grove Trail Reroute Concept Exhibit included as a separate document is only a basic concept. The City is looking for creative means to achieve the reroute of the trail in front of the Cartersville Water Treatment Plant property and activate the park for citizens and visitors.

2. Public Works Construction According to Georgia Public Works Law (O.C.G.A. § 36-91-1 et seq), public works construction means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than road construction or the routine operation, repair, or maintenance of existing structures, buildings, or real property.

a. The design-build team is responsible for obtaining all necessary and applicable permits (City, State, Federal).

b. The work is solely within City-owned property.

3. Miscellaneous Items

• Should traffic control be necessary at any time and the should the design-build team desire to utilize police officers as part of their traffic control, only City of Cartersville Police may be so utilized. Contact Assistant Police Chief Terry Ellis at 770-382-2526 or 770-387-7410 or teellis@cartersvillepolice.com with the City of Cartersville Department of Public Safety.

City of Cartersville RFP TBA, Design / Build: Walnut Grove Trail Reroute mailto:teellis@cartersvillepolice.com

FOLLOW THIS OUTLINE

I. INSTRUCTIONS FOR PREPARING STATEMENTS OF QUALIFICATIONS AND FEE

PROPOSALS

Submittals must be prepared in a manner that when printed would typically fit on standard (8 ½” x 11”) paper. Responses are limited to using a minimum of an 11-point font. (The entire response shall not exceed 35 pages. All pages count, no exceptions.) Emphasis should be on completeness, relevance, and clarity of content. To expedite the review of submittals, it is essential that respondents follow the format and instructions outlined below. Each Statement of Qualifications shall be prepared simply and economically, providing straightforward, concise delineation of respondent’s capabilities. The content of all statements of qualifications must be categorized and numbered, as outlined below, and responsive to all requested information:

A. Description and Resources of Firm A1 Provide basic company information: Company name, address, name of primary contact, telephone number, fax number, E-mail address, and company website (if available). If the firm has multiple offices; the qualification statement shall include information about the parent company and branch office separately. Identify office from which project will be managed and this office’s proximity to the project site. Provide ownership, including state of residency or incorporation, and number of years in business. Is the offeror a sole proprietorship, partnership, corporation, Limited Liability Corporation (LLC), or other structure?

A2 Briefly describe the history and growth of your firm(s). Provide general information about the firm’s personnel resources; including disciplines, number of employees, locations, and staffing of offices.

A3 Has the firm been involved in any litigation in the past five (5) years? Describe your experience with litigation with Owners, Architects or Consulting firms and/or Contractors. List any active or pending litigation and explain.

A4 List the firm’s annual revenue for the past 5 years and supply main financial and banking references.

A5 Has firm ever been removed from a contract or failed to complete a contract as assigned?

Elaborate.

A6 The firm, in order to be deemed eligible for evaluation, must provide supporting documentation asserting that the firm meets the minimum qualifications required for this project

a. Confirm that your firm has sufficient bonding capacity for anticipated total cost of work and our surety and insurance companies are in the current Department of Treasury’s Listing of Approved Sureties (Department Circular 570). All insurance and bonds will be obtained through a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. The company is an insurer (or qualified self-insurers or group self-insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength rating of “A- “or better with an A.M.

Best Financial Size Category of Class V or larger. Provide a letter or other supporting documentation from your firm’s surety indicating the firm has bonding capacity of up to $2,500,000.

b. Confirm your firm has a current Contractor’s Public Liability Insurance policy, and your firm is insurable in the following amounts: Bodily injury, including death- limits of $1,000,000 for each accident. Property damage- limits of $1,000,000 for each accident and $3,000,000 for the aggregate of operations. The Owner reserves the right to require additional limits and/or coverage for actual contract. Provide current insurance certificate.

c. Confirm your firm has all necessary, valid and current licenses (including a valid and current

Georgia General Contractor’s License) to do business in the State of Georgia. General Contractor must provide a valid and current Georgia General Contractor License at the time of submission of qualifications. Provide a valid copy of your Georgia General Contractor license, and a Georgia Certificate of Existence or Certificate of Authority demonstrating your firm has registered with the Georgia Secretary of State and is authorized to do business in Georgia.

d. Confirm your firm has sufficient cash flow to undertake the project as evidenced by a current ratio (assets/liabilities) of 1.0 or higher. Provide a one-page statement evidencing your current ratio.

e. Confirm your firm demonstrates a commitment to safety with regard to Worker’s

Compensation by having a current Experience Modification Rating (EMR) of 1.2 or less.

Provide evidence from your firm’s carrier on their letterhead of your firm’s EMR.

A7 Provide the firm’s federal employer identification number and a completed IRS Form

W9.

A8 Complete City of Cartersville E-Verify Form (Exhibit A).

B. Experience and Qualifications B1 Provide an organizational chart, professional qualifications and description of experience for the project team. Qualifications should be provided for, at a minimum, the Project Executive, Project Manager, and Superintendent.

B2 Provide information on the firm’s experience with projects of similar type, size, function and complexity. Describe no more than ten (10) and no less than five (5) projects, in order of most relevant, which demonstrate the firm’s capabilities to perform the anticipated services listed in this RFP for the incumbent project. For each project, the following information should be provided:

a. Project name, location and dates during which services were performed.

b. Brief description of project and physical description (square footage, number of stories, site area).

c. Exact services performed by your firm and relevance to services required for the incumbent project. List each similar service performed.

d. Owner’s stated satisfaction in service of your firm (include letters or statements of reference).

e. Architect’s and Owner’s current contact information.

C. Statement of Suitability C1 Provide any information that may serve to differentiate the firm from other firms in suitability for the project. Provide evidence of the firm’s fit to the project and/or needs of the Owner, any special or unique qualifications for the project. Provide current and projected workloads, the proximity of office to project location, and any services offered by the firm that may be particularly suitable for this project.

C2 Provide firm’s overall project management plan and approach for this specific project.

Describe approach, at a minimum, related to management of cost, schedule, quality installation, safety and close-out process.

D. Fee Proposal – Unit Prices

D1 See Fee Proposal Form attached as Exhibit B. This form must be completed and submitted in a separately sealed envelope.

Exhibit A

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with City of Cartersville has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L.

99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with City of Cartersville, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Cartersville at the time the subcontractor(s) is retained to perform such service.

The undersigned Contractor is using and will continue to use the federal work authorization program throughout the contract period.

EEV/Basic Pilot Program* User Identification Number

BY: Authorized Officer or Agent Date (Contractor Name)

Contractor/Entity Name Title of Authorized Officer or Agent of Contractor

Contractor Address

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF _________________, 20____

Notary Public My Commission Expires:

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the “EEV/Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S.

Department of Homeland Security, in conjunction with the Social Security Administration (SSA)

Exhibit B

PROPOSAL FEE SCHEDULE

(Submit Proposal Fee Schedule in Separate Sealed Envelope)

1. CMAR’S FEE:

Basis of Fee. The CMAR’s fee is the amount agreed to by both parties, which is the full amount of compensation due to the CMAR as gross profit, and for any and all expenses of the Project not included and identified as a Cost of the Work, provided that the CMAR performs all the requirements of the Contract Documents within the time limits established.

A. PRE-CONSTRUCTION FEE:

Pre-Construction Fee

B. CONSTRUCTION FEE:

Construction Fee. Construction Fee shall be expressed as a percentage (%) of the Cost of the Work and Overhead Costs and Expenses.

Construction Fee %

C. SHARED SAVINGS:

Shared Savings. List your firm’s request for Shared Savings as a percentage (%) of the Total Project Savings under the agreed upon Guaranteed Maximum Price.

Shared Savings %

2. CMAR’S OVERHEAD COSTS AND EXPENSES (Construction Phase Services):

A. CONSTRUCTION COSTS

The CMAR’s Overhead Costs. The maximum amount for the CMAR’s overhead cost is inclusive of all direct and incidental expenses including but not limited to travel, sustenance, reproduction, salaries, wages, design and field office expenses, and those costs listed in the General Requirements. If authorized by the Owner to proceed with Construction Phase Services, the CMAR will execute the work and be reimbursed for the actual costs as defined in the Contract Documents. The Maximum Overhead and Direct Expenses is inclusive of all incidental and direct expenses including but not limited to: travel, sustenance, reproduction, salaries, wages, design and field office expense, bonds, insurance and those costs listed in the Contract Documents and as correctly depicted in attached Detailed Itemization.

TOTAL

Maximum Labor Costs (Detailed Itemization Must Include a Breakdown of Salary and Labor Burden) $

Maximum Other Overhead Costs and Expenses

(Detailed Itemization of All Other Proposed Construction Overhead Costs Not Reflected Above)

MAXIMUM AMOUNT FOR CONSRUCTION LABOR, OVERHEAD

COSTS AND EXPENSES

PROPOSAL FEE SCHEDULE

(Submit Proposal Fee Schedule in Separate Sealed Envelope)

Important – Proposers must attach detailed itemization of Proposed Project Costs and Fees, and any exceptions to the items requested above to the CMAR Fee Proposal Form in same sealed envelope. Proposers shall use itemization format (of their choosing), which fully delineates specific costs, expenses and fees for Construction phases, and is descriptive of all cost detail including but not limited to cost of work, in-construction services, overhead, work by others, and insurance and taxes.

Legal Business Name

Federal Tax ID

Address

Representative Signature Printed Name

Telephone Number Fax Number

E-mail address

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury for each accident

(b) $1,000,000 limit for each property damage accident and $3,000,000 aggregate

(c) The following additional coverage must apply:

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

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Professional Liability Insurance - $1,000,000 (project specific for the City project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $3,000,000 aggregate.

ü Insurance company must be authorized to do business in the State of Georgia.

ü Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04 or some other form)

5. City of Cartersville should be shown as an additional insured on General Liability and Auto Liability policies.

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

7. Certificate Holder should read:

City of Cartersville 1 N. Erwin St.

P.O. Box 1390 Cartersville, Georgia 30120

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

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

9. Insurance Company should be licensed to do business by the Georgia Insurance Commissioner’s Office.

*See above note regarding Professional Liability

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

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

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

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

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

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

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

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

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

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

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public

Law 91-956, and any other laws that may apply to this Contract.

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

Rev. 05/15

Cartersville, Georgia

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

City of Cartersville (Name of Obligee)

1 N. Erwin Street, Cartersville, Georgia 30120 (Address of Obligee)

Thereinafter referred to as Obligee: in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to Cartersville, Georgia, a proposal for furnishing materials, labor, and equipment for:

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Cartersville, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Cartersville, Georgia, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Cartersville, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of Cartersville, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

Cartersville, Georgia

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. §36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed and dated this day of , A.D., 20 .

ATTEST:

(Principal)

(Principal Secretary)

By:

(SEAL)

(Address)

(Witness as to Principal)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent

(SEAL)

(Witness as to Surety)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.