March 2025

CITY OF ALPHARETTA INVITATION TO BID (ITB)

ITB Number: 27-003 ITB Title: FY27 SIDEWALK REPAIR & MAINTENACE

INFORMATION AND CONTRACT INFORMATION

Information included in this document:

• ITB Information

• General Contract Terms & Conditions

• Appendix A City Truck Routes

• Appendix B Informational Forms

• Offered as separately posted documents:

o Appendix A-General Conditions o Appendix B-Supplemental Conditions o Appendix C-Technical Specifications o Appendix D-Design Standards o Payment & Performance Bond Forms

ITB Information

1. Bidder Acknowledgement By submitting a Bid for this request, the authorized signer and represented firm have read, understand, and agree to information within this ITB’s documents including all required and informational documents, files, and forms posted to the Bonfire project webpage for this ITB. These documents make up the ITB. They will become part of any contract that may be awarded because of responses to this

ITB.

By sending a Bid, the Bidder acknowledges and agrees that:

a. The Bidder has carefully examined and fully understands the conditions and requirements of any proposed Work within this ITB.

b. The Bidder acknowledges that they completed a personal examination of the site of the proposed work (if applicable).

c. The Bidder is satisfied with the actual conditions and requirements of the proposed Work.

d. In compliance with Scope of Work/Specifications, by submitting a cost proposal in response to the request, the Bidder agrees that if this bid is accepted by the City Council within sixty (60) days of the date of ITB Response Due Date, that the Bidder will furnish any or all of the deliverables upon which prices are quoted, at the price set opposite each, to the designated point(s) within the time specified.

Acknowledging these statements, the Bidder proposes and agrees that if the Bidder‘s Bid is accepted, the Bidder will contract with the City in full agreement with the Contract Documents.

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

2. City’s Authority and Right to Investigate This procurement is issued under the authority of the City of Alpharetta’s Procurement Policy, also following State of Georgia and Federal applicable laws. The City has the right to reject all bids or Bids, to reject any bid or Bid that has not followed or met the City’s scope of work or specifications (non-responsive) or reject any bid or Bid that shows that a bidder cannot meet one or more of the requirements (non-responsibility). The City has the right to ignore unimportant mistakes that do not affect the work or service to be provided, the purchase of requested items(s), or Bid pricing in order to award a contract that is in the best interest of the City.

The City may make such investigations as considered necessary to determine the ability of the Bidder to provide the supplies and/or perform the services specified.

3. Receipt of Bids and Public Inspection

a. Public Information:

During the opening of Bids, the Bidder’s name, bid amount and other pertinent information will be read aloud and recorded. No other information will be disclosed at that time, nor shall the bids be considered open record until after council award (O.C.G.A 50-18-72, paragraph 10). All information received in response to this ITB, including copyrighted material, is deemed public information and will be made available for public viewing and copying shortly after the council award with the following five exceptions:

1. bona fide trade secrets that have been specifically identified, properly marked, separated, and documented and to which the Bidder has attached an affidavit declaring that such specific information constitutes a trade secret pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, will not be disclosed; provided however, if the City determines that such specifically identified information does not in fact constitute a trade secret, the City will notify the Bidder of its intent to disclose such information prior to its initial disclosure as required by law;

2. matters involving individual safety, as determined by the City, may be withheld from disclosure;

3. any company financial information in the form of records containing tax matters or tax information that is confidential under state or federal law, which has been requested by the City to determine bidder responsibility, unless prior written consent has been given by the Bidder will not be disclosed;

4. any document or record, or portion thereof, containing information exempt from disclosure pursuant to O.C.G.A. § 50-18-70, et seq., may be withheld from disclosure as determined by the City; and

5. any other document or record, or portion thereof, mandated by law to be kept confidential, as determined by the City.

All open records requests must be presented in writing along with specific items requested. The Open Records Request form is available from the City’s main website and requested through the City Clerk’s office.

b. Procurement Agent’s Review of Bids:

The Procurement Agent in charge of the solicitation will open and review the Bids and separate out any information that meets the referenced exceptions noted above, providing the following conditions have been met:

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

1. Documents or records containing information that the Bidder wishes to keep confidential must be specifically identified and clearly marked and separated from the rest of the Bid by the Bidder and;

2. The Bid does not contain any such confidential material in the cost/price section; and

3. An affidavit from the Bidder specifically identifying information as a trade secret and declaring that such information constitutes a trade secret pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated is attached to each separated document or record in the Bid that Bidder wishes to be kept confidential because it contains trade secrets.

Information separated out under this process will be available for initial review only by the Procurement Officer, Procurement Agent, and limited other designees. Bidders acknowledge that the act of separating out such information by the Procurement Agent does not operate to exempt such information from disclosure as a public record; rather, the disclosure of such information is governed by O.C.G.A. § 50-18-70, et seq. Bidders should be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event an (open records) request is submitted by another party and the City determines that such information is subject to disclosure.

General Terms and Conditions We will incorporate the City’s standard terms and conditions into the Contract. Those terms and conditions are set forth below in this document. Bidders must notify the City of any Terms and Conditions that either prevent them from responding to this procurement or add unnecessary cost. The Bidder must make this in writing notification either as a written question sent before the question deadline or with the Bidder’s response.

We will address any requests received prior to the deadline for receipt of questions for material, substantive, important exceptions to the Terms and Conditions by formal written addendum issued by the designated Procurement Agent. The City reserves the right to address any non-material, minor, and/or insubstantial exceptions to the Terms and Conditions.

1. Disclosure Any Bidder or Consultant as defined in O.C.G.A. §36-80-28 that is engaged to develop or draft specifications/requirements or serve in a consultative role during the procurement process for any City procurement method, by entering into such an arrangement or executing a contract that the consultant agrees to: (1) Avoid any appearance of impropriety and must follow all policies and procedures of the City; (2) disclose to the City any material transaction or relationship pursuant to §36-80-28, considered a conflict of interest, any involvement in litigation or other dispute, relationship or financial interest not disclosed in the Disclosure form; and (3) Acknowledge that any violation or threatened violation of the agreement may cause irreparable injury to the City, entitling the City, to seek injunctive relief in addition to all other legal remedies. This requirement does not apply to confidential economic development activities pursuant to §50-18-72 or to any development authority for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other purposes and, without limiting the generality of the foregoing, must specifically include all authorities created pursuant to Title 36 Chapter 62; However, per provisions of subparagraph (e)(1)(B)of Code Section 36-62-5 reporting of potential conflicts of interest by development authority board members is required

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

2. Compliance with Title VI of the Civil Rights Act of 1964 The City of Alpharetta, as a federal grant recipient, conforms to Title VI of the Civil Rights Act of 1964 and its amendments. Title VI of the Civil Rights Act of 1964 requires that no person in the United States will, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English ability.

The City is committed to enforcing the provisions of Title VI and to taking positive and realistic affirmative steps to ensure the protection of rights and opportunities for all persons affected by its programs.

Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint. Any such complaint must be filed in writing or in person with the City of Alpharetta’s Title VI Compliance Officer, within one hundred-eighty (180) days following the date of the alleged discriminatory action. For more information or Title VI Discrimination Complaint Forms contact the Title VI Compliance Officer at the following:

Human Resources: Title VI Compliance City of Alpharetta 2 Park Plaza Alpharetta, GA 30009 Tel: 678-297-6014

3. General Insurance Requirements A. Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so, approved in writing by the City Manager.

B. Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than:

i. Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/ enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable).

ii. Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

iii. Workers’ Compensation and Employers’ Liability: Workers’ Compensation policy with limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.)

iv. Commercial Umbrella Liability Coverage: $1,000,000 (one million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability.

C. Deductibles and Self-Insured Retentions: A n y deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance.

D. Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively:

i. General Liability, Automobile Liability and Umbrella Liability Coverage.

a. Additional Insured Requirement. The City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.

The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence.

b. Primary Insurance Requirement. The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor’s insurance and shall not contribute to it.

c. Reporting Requirement. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Insured Parties.

d. Separate Coverage. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided.

e. Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion.

f. Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from the Work performed by the Contractor for the City.

ii. Workers’ Compensation Coverage: T h e insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City.

iii. All Coverages:

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law.

E. Starting and Ending Dates. Policies shall have concurrent starting and ending dates.

F. Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(O) of this Agreement.

g. Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder’s rating of no less than “A-” and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form.

h. Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.

i. Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds.

j. Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six

(6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date.

Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement.

Insurance; Indemnification. The contractor awarded shall maintain the types and amounts of insurance set forth as from time to time reasonably shall be requested by the City. The awarded Contractor shall provide proof of such insurance to the City at the same time as the execution of any resulting Contract and/or purchase order, and as and when requested by the City during the term hereof. Acceptance of a certificate or proof of insurance does not constitute approval or agreement by the City that the insurance requirements have been satisfied. The awarded Contractor shall indemnify and hold the City harmless from all claims, demands, losses, attorneys' fees and liabilities of any type or nature arising out of or related to the Contractor's, or Contractor's agents’, employees’ or subcontractors’, negligent performance or non-performance of any resulting

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Contract and/or purchase order, including, but not limited to, claims for injury to person or property; provided, however, that this indemnification obligation shall not apply to claims arising from the sole negligence of the City or its employees. Nothing in this paragraph or any resulting Contract and/or purchase order shall be deemed to constitute a waiver of the City's sovereign immunity, create rights in any third party, or create any third-party beneficiaries.

4. Retainage Requirements Retainage: For construction contracts (O.C.G.A § 13-10-80), including road construction contracts (other than GDOT projects), the City will withhold retainage of 5% of the gross value from each invoice or pay application.

In the instance that change order is added to the contract value, total retainage to be withheld will increase proportionately.

No retainage shall be held from design services. Contractor must submit separate invoices for design services.

When all Work is completed and final acceptance has been approved by the City, the Contractor may invoice for the amount retained.

5. Time for Completion & Liquidated Damages The Contractor shall commence performance of the Work as set forth in the Notice to Proceed or otherwise in the Contract. The Contractor shall be required to perform the Work and achieve Substantial Completion and Final Completion by the dates either set forth in this ITB, the Bid, or as reasonably required by the City. “Substantial Completion” shall mean that stage in the progression of the Work in which same is sufficiently complete in accordance with the Contract such that the City can enjoy beneficial use and occupancy of the subject property or site and can utilize the improvements or renovations completed by the Work for their intended purpose. “Final Completion” shall mean the Work is complete in full accordance with this Contract and this Contract has been fully performed as determined by a final inspection of the City following the Contractor’s request for same.

The awarded Contractor will be expected to promptly commence the Work with adequate force and equipment within ten (10) calendar days from Notice to Proceed date, or as otherwise specified in the Notice to Proceed, continuously pursue the Work without interruption to completion, and fully complete the Work (i.e., achieve final completion) within ONE HUNDRED EIGHTY (180) calendar days of commencement of the Work following receipt of the Notice to Proceed.

Liquidated damages will apply per GDOT Standard Specifications for Construction of Transportation Systems, 2021, Section 108.08, based on Daily Charges for Calendar Day /Completion Date. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing a reasonable pre-estimate of delay damages likely to be sustained by the City for any such breach, as it is mutually agreed that any such actual and consequential damages incurred by the City for such breach would otherwise be difficult to ascertain.

6. Additional Contract Provisions and Terms The procurement, including all documents and appendices attached hereto, referenced herein and/or incorporated herein, and any addenda hereto, and the response of the awarded Contractor, including any amendments thereto, will be incorporated into the Contract (as previously set forth, all of such documents are collectively referred to as the “Contract Documents”).

The Terms and Conditions set forth herein do not define the total extent of the contract language. In the event of a conflict or dispute as to the duties and responsibilities of the City and Contractor under

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information any resulting Contract Documents, the Contract will govern in accordance with the order of precedence set forth therein.

7. Invoicing, Payment Processing A. The City agrees to pay the Contractor in current funds for the performance of the Contract subject to additions and deductions as provided in the Contract, and, if applicable, to make payments in the manner and on the periodic basis agreed to by the City during the pre-construction meeting or prior to the commencement of the Work. Upon completion of the Work or, if agreed to by the City, upon completion of certain portions thereof, the Contractor shall submit an invoice detailing the appropriate charges as currently allowed.

B. The City will process approved payment requests under this Project to the awarded Contractor only. Payment to subcontractors and suppliers is the responsibility of the Contractor. The City will not entertain any other payment arrangements.

C. Upon receipt of invoice and inspection and acceptance of the Work, the City will render payment.

All such invoices will be paid within forty-five (45) days by the City unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Contractor will provide complete cooperation during any such investigation.

8. Performance Prior to Contract Execution The successful Contractor shall not begin performance of the Project prior to the execution of a formal contract written by the City and the successful Contractor. Any Contractor beginning performance prior to the execution of the Contract shall be deemed to be proceeding at the Contractor’s risk and shall not be entitled to any compensation for such performance. Under such circumstances, the City reserves the right to withdraw or cancel the award of the procurement.

9. Substitutions and Change Orders NO substitutions of material, schedule cancellations, or Change Orders are allowed after Contract award without written approval by the Director of the contracting City Department or his authorized representative. For purchase orders $50,000.01 or more, cumulative Change Orders more than 10% of the original contract will require the approval of the City Council.

Where specific employees are proposed by the Contractor for the work, those employees must perform the work as long as those employees work for the Contractor, either as employees or subcontractors, unless the City agrees to a replacement or requests same based on an objective standard of review of past performance. We will review requests for any substitution and may be approved by the City at its sole discretion. We will not recognize any verbal agreements to the contrary. In the event a substitution of a Contractor employee is required due to termination of employment by Contractor, Contractor must provide the City with prompt written notice of the need for such substitution and must cooperate with the City in providing a replacement.

10. Subcontractors The lowest responsive and responsible Contractor will be the prime contractor if a contract is awarded and executed and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if there are any, must be listed in the Contractor’s response to this procurement. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the negligent acts and negligent omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within the procurement, or otherwise in the

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Contract Documents created as a result of any contract award derived from the procurement, shall create any contractual relationships between any subcontractor of the Contractor and the City.

11. Independent Contractor The Contractor shall at all times be acting as an independent contractor and not be considered or deemed to be an agent, employee, joint venture, or partner of the City. The Contractor shall have no authority to contract for or bind City in any manner. Neither the Contractor nor its employees are employees of the City. The Contractor shall have and maintain the responsibility for and control of the rendition of the Work (including, the services performed) under the Contract, the discipline of its employees, and other matters incident to the performance of the Work (services, duties, and responsibilities as described and contemplated in the Contract). The Contractor is required to supply the City with proof of compliance with the Workers’ Compensation Act while performing work for the City. Proof of compliance must be received with the Contractor’s response to the procurement at the address listed on the Cover Page of the procurement.

12. Compliance with Illegal Immigration Reform and Enforcement Act E-Verify Program: d The City of Alpharetta is committed to compliance with Federal and State laws requiring the verification of newly hired employees to ensure they are lawfully entitled to work in the United States. As such, the City shall not enter into a contract for the physical performance of services unless the Contractor registers and participates in a federal work authorization program (E-Verify).

Further, Contractors submitting a Bid or Bid for the physical performance of service shall include a fully executed E-Verify affidavit as part of their Response to the procurement.

Requirement to Participate in a Federal Work Authorization Program (E-Verify):

No Contractor shall submit a response for the physical performance of service unless the Contractor participates in a Federal Work Authorization Program and complies with the requirements of O.C.G.A. § 13-10-91.

(1) Pursuant to O.C.G.A. § 13-10-91, the Contractor represents, warrants, acknowledges, and/or agrees that:

a. The Contractor has registered and participates in a federal work authorization program to verify the employment eligibility of all newly hired employees;

b. Subcontractors shall not enter into any contract with the Contractor for the physical performance of services within the State of Georgia unless such subcontractor registers and participates in a federal work authorization program to verify the employment eligibility of all newly hired employees; and

c. Sub-subcontractors shall not enter into any contract with a subcontractor or sub-subcontractor for the physical performance of services within the State of Georgia unless such sub-subcontractor registers and participates in a federal work authorization program to verify the employment eligibility of all newly hired employees.

(2) As of the date of enactment of O.C.G.A. § 13-10-91, the applicable federal work authorization program is “E-Verify”, https://www.e-verify.gov/employers/enrolling-in-e-verify operated by the United States Citizenship and Immigration Services Bureau of the United States Department of Homeland Security. Information and instructions regarding E-Verify program registration, corporate administrator registration, and designated agent registration can be found at such website address.

Contractor, Subcontractor, and Sub-subcontractor Evidence of Compliance:

https://www.e-verify.gov/employers/enrolling-in-e-verify https://www.e-verify.gov/employers/enrolling-in-e-verify

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

(1) The Contractor, if entering a contract with the City providing the physical performance of services, shall comply with the requirements of O.C.G.A. § 13-10-91.

(2) Pursuant to O.C.G.A. §13-10-91, in the event the Contractor employs or contracts with a subcontractor in connection with a covered contract, Contractor shall secure from such subcontractor attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 by the subcontractor’s execution of the subcontractor affidavit, the form of which is provided in Appendix A hereof, and maintain records of such attestation for inspection by the City at any time. Such subcontractor affidavit shall become a part of the contractor/subcontractor agreement.

(3) Pursuant to O.C.G.A. §13-10-91, in the event the Contractor employs or contracts with a subcontractor that employs or contracts with any sub-subcontractor, the subcontractor will secure from such sub-subcontractor attestation of the sub-subcontractor’s compliance with O.C.G.A. § 13-10-91 by the sub-subcontractor’s execution of the sub-subcontractor affidavit, the form of which is also provided in Appendix A hereof, and maintain records of such attestation for inspection by the City at any time. Such sub-subcontractor affidavit shall become a part of the subcontractor/sub-subcontractor agreement.

(4) The Contractor shall comply with any and all other applicable requirements and provisions of O.C.G.A. § 13-10-91 and other applicable rules and regulations promulgated in relation thereto.

(5) All portions of contracts pertaining to compliance with O.C.G.A. § 13-10-91 and all other applicable rules and regulations promulgated in relation thereto, and any affidavit related hereto, shall be open for public inspection in this State at reasonable times during normal business hours.

Forms necessary to ensure compliance with this section are included in Required Forms and must be received at the address listed on the procurement’s Cover Page prior to review of Contractor’s response.

13. Compliance with Laws The Contractor shall, in performance of work under the Contract, fully comply with all applicable federal, state, or local laws, rules, and regulations, including, but not limited to, Title VI of the Civil Rights Act of 1964 and its amendments, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, gender, national origin or ancestry, age, creed, marital status, physical or mental disability, or political ideas by the persons performing the contract.

14. Termination This Contract may be terminated prior to the term ending by either party in the event of substantial failure or default of the other party to fulfill its obligations under this Contract. Prior to such termination, the non-defaulting party shall give notice to the defaulting party of the failure or default. Such party shall have fifteen (15) days from the date of the notice to cure the default or failure if such default or failure is capable of being cured. Upon failure to cure the default or failure within fifteen (15) days, or if such failure or default is not capable of being cured, the non-defaulting party may terminate the Contract effective immediately upon the provision of written notice as provided in Section 15 (Notices). The Contract may also be terminated prior to expiration of the term by the City for City's convenience upon the provision of not less than fourteen (14) days written notice to the Contractor. In the event of such termination, the Contractor shall be compensated for

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information services performed prior to termination. Such amount shall be paid by the City upon the Contractor's delivering or otherwise making available to the City, all data, drawings, specifications, reports, estimates, summaries and other information and materials as may have been accumulated by the Contractor in performing the services included in this Contract, whether completed or in progress.

All unperformed obligations incurred by Contractor prior to such date shall survive termination of this Contract.

15. Annual Appropriation and Renewal Notwithstanding any other provision or provisions of this Contract, pursuant to O.C.G.A. § 36-60- 13, this Contract will terminate immediately and absolutely if the City determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the City cannot fulfill its obligations under the Contract, which determination is at the City's sole discretion and shall be conclusive.

16. Ownership of Work Product In the event Contractor prepares, pursuant to the performance of this Contract, any drawings, plans, studies, reports, specifications, other documents (the “Work Product”), the City shall be deemed the owner of the original of all such Work Product, and all statutory and common law rights with respect to such Work Product shall accrue to the City, provided the City has paid for the services in full.

17. Sample Contracting Documents A. Subcontractor Participation List: For all applicable projects totaling over $50,000.00 and with a service-related component, the City requires contractors to agree to the public disclosure of the names of any first-tier subcontractors engaged to perform services in relation to the contract.

Contractors are required to inform relevant subcontractors that the subcontractor’s participation in fulfilling the contract may be publicly disclosed.

The contractor shall provide a list of subcontractors to the City with each invoice or application for payment submitted. The list shall include the subcontractor’s name and scope of service provided.

B. Final Affidavit: For all applicable projects involving construction or progress milestones, Final Affidavit may be required as part of project close-out.

C. Subcontractor E-Verify Affidavit and Sub-Subcontractor E-Verify Affidavit: It is the responsibility of the awarded contractor to require all subcontractors and sub-subcontractors to complete the correct affidavit. It will be the duty of the awarded Contractor to submit copies of all affidavits, drivers' licenses, and/or identification cards required pursuant to this Section, as applicable, to the City within five (5) business days of receipt.

D. Report and Affidavit Sample Copies are included at the end of this document in Appendix B

18. Bonding Requirements A. Bid Bond

A bid bond for 5% of bid total required and must be submitted with bid prior to bid due date/time.

By signing and submitting this bid to the City, BIDDER agrees that in case of failure on their part to execute said contract and bond, or provide satisfactory proof of carriage of the insurance required, within fourteen (14) calendar days after the award thereof, the Bid Bond or certified check accompanying their bid and the money payable thereon will be forfeited to the CITY as liquidated damages; otherwise, the check or Bond accompanying this bid will be returned to the BIDDER.

Refer to ITB Forms, Bid Bond for required Bid Bond form.

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

B. Performance and Payment Bonds Prior to commencing the Work, the Contractor, as principal, and a surety company listed in the Federal Register and licensed to write surety insurance in the State of Georgia, as surety, must give a Performance Bond in the amount of one hundred percent (100%) of the price of the Contract and a Payment (Labor and Material) Bond, in the amount of one hundred percent (100%) of the price of the Contract.

“Performance bond” means a bond with good and sufficient sureties or guarantees for the faithful performance of the Contract and to indemnify the City for any damages occasioned by a failure to perform same within the prescribed time. Such bond must be payable to, in favor of, and for the protection of the City.

“Payment bond” means a bond with good and sufficient sureties or guarantees payable to the City and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the Work provided for in the Contract for the use of all persons doing work or furnishing skills, tools, machinery, or materials under or for the purpose of constructing the Project. The life of these bonds must extend through the Final Completion date of the Project for an added sixty (60) day maintenance period (where applicable) and a twelve-month warranty/guarantee period after Final Completion.

Refer to Appendix C at the end of this document for Sample Performance and Payment Bond forms.

Appendix A: City Truck Route Allowed Truck Routes and Map Certain trucks may travel in and through the City of Alpharetta using only those streets and roads highlighted in the Truck Route Map provided in Appendix A of this document and available for review online at:

https://www.alpharetta.ga.us/government/departments/public-works/alpharetta-truck-routes

As noted in Chapter 18 (Traffic) of the Code of the City of Alpharetta, Georgia, except as specifically set out herein, trucks (defined as motor vehicle having a gross vehicular weight rating (G.V.W.R.) in excess of thirty-six thousand pounds (36,000 lbs.) or having an overall length in excess of thirty feet (30’), except vehicles designed to carry passengers) are prohibited from using any street within the City except those designated below:

1) SR 9 (North Main Street – South Main Street)

2) SR 120

3) Haynes Bridge Road (SR 120 to City Limits)

4) Hembree Road (Westside Parkway to Roswell City Limits continuing on Roswell Truck Route)

5) Mansell Road

6) Maxwell Road (SR 9 to Hembree Road)

7) McGinnis Ferry Road

8) North Point Parkway

9) Union Hill Road

10) Westside Parkway

11) Windward Concourse

12) Windward Parkway (SR 9 to Union Hill Road)

13) Davis Drive (Mansell Road to Westside Parkway) https://www.alpharetta.ga.us/government/departments/public-works/alpharetta-truck-routes

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Exceptions to the above schedule are when the terminal, parking lot, repair garage, headquarters, place of pickup or delivery of the restricted motor vehicle is not on a designated truck route, ingress to and egress from such places will be made by the most direct route available between the terminal, parking lot, repair garage, headquarters, place of pickup or delivery and the nearest designated truck route.

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Appendix B: Informational Forms Do not return these forms in response to the City.

1. Sub-contractor E-verify Affidavit

2. Sub-subcontractor E-verify Affidavit

3. Sub-contractor Participation Form

4. Final Affidavit

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Subcontractor E-verify Affidavit

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Sub-subcontractor E-verify Affidavit

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Subcontractor Participation List

To: City of Alpharetta, Georgia

From: [Contractor/Consultant Name]

Re: [Contract or Purchase Order No.], [Add Project Name]

Date: [Date of Accompanying Invoice]

Is the accompanying invoice the final invoice for this project? _____ Yes _____ No

Select one of the following:

_____ No subcontractors providing a service have been utilized on this project.

_____ Below is a list of all subcontractors which have provided a service on this project.

Subcontractor Name Scope of Services

Add additional pages as needed to list all subcontractors.

City of Alpharetta ITB 27-003, FY27 Sidewalk Repair & Maintenance Information and Contract Information

Final Affidavit

TO: CITY OF ALPHARETTA, GEORGIA

I, ___________________________________, hereby certify that all suppliers of materials, equipment and service, Subcontractors, mechanics, and laborers employed by

________________________________________ or any of their Subcontractors in connection with the Work of:

FY27 SIDEWALK REPAIR & MAINTENANCE INCLUDING BUT NOT LIMITED TO THE DEMOLITION

AND DISPOSAL OF EXISTING CONCRETE SIDEWALK, THE CONSTRUCTION OF NEW CONCRETE SIDEWALK

AND HANDICAP RAMPS, AND RELATED WORK TO SIDEWALK REPAIR AND RECONSTRUCTION. THE

LOCATION OF THE WORK IS ALONG WESTSIDE PARKWAY, KIMBALL BRIDGE ROAD, AND CLUBHOUSE

DRIVE.

in the CITY OF ALPHARETTA have been paid and satisfied in full as of _______________, 202___ , and that there are no outstanding obligations or claims of any kind for the payment of which CITY on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Schedule of Subcontractor Participation has been completed and made part of this Final Affidavit.

Signature

Title

Personally appeared before me this ______day of______________________________, 20____.

_____________________________________, who under oath deposes and says: that they are of the firm of

____________________________________________; that they have read the above statement; and that to the best of their knowledge and belief same is an exact true statement.

Notary Public

My Commission Expires