Bid Docs _ RFP_PS_25_01 _ FINAL 09_17_24.pdf

September 17, 2024, Rev. Page 1

City of Union City

5047 Union Street

Union City, Georgia 30291

Fulton County

Request for Proposal for

Safe Streets and Roads for All Action Plan

RFP-PS-25-01

September 17, 2024, Rev. Page 2

REQUEST FOR PROPOSAL NUMBER RFP-PS-25-01

City of Union City RFP for Safe Streets and Roads for All Action Plan

PROPOSALS DUE: October 21, 2024 at 12:00 P.M. via Bidnet. Submissions via email will not be accepted.

Information concerning this solicitation may be found at:

https://www.bidnetdirect.com/georgia/unioncity

The website will provide the RFP, Q&A and any clarifications, schedule changes and other important information. Proposers should check these electronic pages daily!

Questions should be directed to City of Union City, via Bidnet to:

Instructions to Proposers:

All spaces below are to be filled in and the PROPOSAL Letter must be signed where indicated.

COMPANY NAME:

CONTACT PERSON:

ADDRESS:

CITY:

PHONE:

FAX:

EMAIL ADDRESS:

Submit PROPOSAL to: https://www.bidnetdirect.com/georgia/unioncity

September 17, 2024, Rev. Page 3

PROPOSAL LETTER

We propose to furnish and deliver any and all of the deliverables and services named in the attached

Request for Proposal (RFP) for which prices have been set. The price or prices offered herein shall apply for the period of time stated in the RFP.

It is understood and agreed that this Proposal constitutes an offer, which when accepted in writing by the City of Union City (the “City”), and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City.

It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this Proposal is made in accordance with the provisions of such specifications. By our written signature on this Proposal, we guarantee and certify that all items included in this Proposal meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services whic h meet or exceed the specifications. The City reserves the right to reject any or all Proposals, waive technicalities, and informalities, and to make an award in the best interest of the City.

It is understood and agreed that this Proposal shall be valid and held open for 180 days.

PROPOSAL SIGNATURE AND CERTIFICATION

(Proposer to sign and return with Proposal)

I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive proposing is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Proposal and certify that I am authorized to sign this Proposal for the Proposer. I further certify that the provisions of the Official Code of Georgia

Annotated, Section 45-10-20 et seq., have not been violated and will not be violated in any respect.

Authorized Signature ___________________________________Date_______________________

Print/Type Name:

Print/Type Company Name Here:

TABLE OF CONTENTS

Topic Page

1.0 Scope of Services 5

1.1 Project Overview and Background 5

1.2 City of Union City Key Tasks 5

2.0 RFP Submissions 6

2.1 Minimum Qualifications 6

2.2 Proposal Content 6

2.3 Scoring Criteria 7

2.4 Proposal Submission 8

2.5 Request for Proposal Receipt, Evaluation and Award 8

2.6 Rejection of Disqualification of Proposal 9

2.7 Proposal Schedule 9

2.8 SS4A Action Plan Notes 10

Appendix A- Contract Agreement

Exhibit A – Contractor Affidavit

Exhibit B – Contractor Affidavit

Appendix B- Affidavit of Non-debarred Status

Appendix C- Contract for Performance Bond

Appendix D – Contract for Payment Bond

Appendix E – Bid Bond

Appendix F – Cost Proposal

September 17, 2024, Rev. Page 5

1.0 Scope of Services

1.1 Project Overview and Background

The City of Union City (Union City) seeks to develop a Safe Streets and Roads for All (SS4A)

Action Plan (Action Plan) for the area consisting of Union City, meeting the requirements of the

U.S. Department of Transportation Safe Streets for All program. The goal of the Action Plan is to identify and prioritize a list of specific projects that have the greatest potential to eliminate traffic fatalities and severe injuries, and potential funding sources, so that funding for implementation can be sought over the next several years.

The objective of this project is to prepare an Action Plan that will set the framework for improving roadway safety by significantly reducing or eliminating the number of roadway fatalities and injuries in Union City. The Action Plan shall utilize an evidence-based approach to examine trends of accident locations, conditions, and other factors that result in serious injury and fatalities on all streets within the planning area, including all State highway systems and local roadways. This project should address safety for all users including those driving, walking, or biking and be focused on all groups, especially our most vulnerable and traditionally underserved communities’ population. Through collaboration with local stakeholders and community members, as well as guidance from FHWA’s Safe System approach and SS4A’s

Action Plan Components, this project will develop a comprehensive safety action plan.

Union City is seeking a consultant/team (“Consultant”) that cannot only provide the typical qualifications necessary in the development of the Action Plan, but can also provide a proactive approach, vision, innovation, and collaboration in examining and proposing strategies and recommendations that will ensure a reduction of fatal and serious crashes for all roadway users.

Union City acknowledges the crucial role of grant funding in the successful implementation of our plans. Low-cost, high-impact strategies, as well as the use of Federal Highway

Administration proven safety countermeasures, shall be considered in the development of the

Action Plan. The implementation of innovative technologies or strategies to promote safety and equity shall also be considered.

1.2 Union City Key Tasks

The Action Plan shall meet all requirements of the Notice of Funding Opportunity (NOFO) for the Safe Streets for All program as found in the Federal Register, Volume 87, No. 100, dated May

24, 2022. The following components as listed in Table 1 of the NOFO shall be addressed in the

Action Plan:

❖ Leadership Commitment and Goal Setting

❖ Planning Structure

❖ Safety Analysis

❖ Engagement and Collaboration

❖ Equity Considerations

❖ Policy and Process Changes

❖ Strategy and Project Selections

❖ Progress and Transparency

September 17, 2024, Rev. Page 6

(See NOFO for details about each of these components.)

In particular, the selected Consultant shall assist Union City staff in robust engagement with the public and community stakeholders and shall incorporate feedback from these efforts into the

Action Plan. The Action Plan shall also include established performance measures meeting U.S.

DOT requirements. The draft SS4A Action Plan shall be complete and ready for Union City review no later than September 1, 2025. The final SS4A Action Plan shall be complete and ready for Union City review no later than November 1, 2025.

2.0 RFP Submissions

2.1 Minimum Qualifications

Firms to be considered shall be experienced in the analysis of existing conditions and historical crash data and in the development of highway safety plans, as well as in the area of community engagement and strategies to promote equity. At least one principal or responsible member of the firm shall demonstrate a minimum of five years’ experience in responsible charge of, or major expertise in, the field involved in this Request for Proposals (RFP). The proposer must show a minimum experience of three (3) projects of similar scope.

If the firm intends to utilize a subcontractor to complete portions of the work, this should be noted and the subcontractor’s experience in the specific areas of the work should be specifically documented. Firms must show how they will interact with Union City and their consultants.

2.2 Proposal Content

The response shall include a written proposal that presents the Consultant’s qualifications and understanding of the work performed as outlined above. Each proposal will be evaluated on the quality and creativity of the methodology presented in the response. The following information shall be provided in the submittal:

A. Cover Letter [2 pages]

The cover letter will provide a summary of the Consultant’s experience and demonstrate that the minimum qualifications are met. The letter must identify a point of contact and be signed by an executive qualified to commit the firm’s resources. The letter must be limited to two pages.

B. Approach [7 pages]

Clearly describe the unique approach, methodologies, knowledge, and capabilities to be employed in the performance of the Scope of Services. Present innovative concepts, approaches, and methodologies, if any, not discussed in the proposed Scope of Work for consideration.

Identify any unique issues or departures from the Scope of Work that would improve the planning and implementation process. The approach must be limited to seven pages.

September 17, 2024, Rev. Page 7

C. Project Schedule, Staffing, and Deliverables [2 pages]

Provide a detailed work plan, including a staffing plan, in calendar days that describes the individual tasks to be performed and that outlines all deliverables. All deliverables must be identified and described. This section must not exceed two pages. 11x17 size pages are allowed for this section to allow further detail.

D. Project Team, Experience and Qualifications [15 pages]

List the team’s qualifications with regard to the expressed Scope of Work. This section should include information on projects that are similar in nature performed by the project team (a minimum of 3 are required). Any referenced projects must also include dates of when the work was performed and the role of the Consultant in the overall project. This section must also include a detailed organizational/project staffing chart including names, company and percentage of time expected of each team member for this project. The organizational chart must identify the project manager. The organizational chart can be displayed on 11x17 page size. This section is limited to 15 pages.

E. Budget [1 page]

A detailed budget shall be submitted that breaks down the proposal by task, and by sub consultant (if applicable). The budget should show percent consultant/sub-consultant by task and by total. The Contract is to be a Lump Sum Percent Complete by task. Union City reserves the right to negotiate with the successful proposer to ensure that the proposed fee fits within the established project budget. This section is limited to one page.

F. Appendix/Resumes [10 pages]

One-page resumes for each key team member shall be attached as an appendix to the RFP. Key team members can be defined by the Consultant. Additional information or links to completed projects may also be attached to the appendix.

2.3 Scoring Criteria

The Evaluation Criteria Summary will be weighted equally and are as follows:

A. Consulting Team – 20%

The Consultant will be evaluated based on the qualifications of the Project Manager and other key staff members including relevant experience, specific qualifications, and technical expertise.

B. Past Performance – 20%

Proposals should demonstrate the Consultant’s previous success in completing projects of this complexity.

September 17, 2024, Rev. Page 8

C. Methodology & Proposed Schedule - 25%

The Consultant must demonstrate a good understanding of project requirements, and proposals must be clear, concise, creative, and consistent. Milestones and deliverables will be addressed.

D. Innovation & Technology - 15%

The Consultant should propose creative and innovative use of technology for project development.

E. Public & Stakeholder Involvement – 10%

The Consultant should demonstrate innovative means of stakeholder outreach and public involvement, as well as engagement of all stakeholders, throughout the project.

F. Cost Proposal – 10%

The Consultant should provide the cost proposal in Appendix E

2.4 Proposal Submission

All general communication of relevant information regarding this solicitation will be made via

BidNet Direct. All firms are responsible for checking BidNet Direct on a regular basis for updates, clarifications and announcements. All proposers shall submit one electronic copy of the proposal through Bidnet Direct. Proposers shall also submit 5 bound copies of the proposal to:

Renee Stevenson

Purchasing Coordinator

Union City, GA 30291

2.5 Request for Proposal Receipt, Evaluation and Award

Receipt of Proposals:

No proposal shall be eligible for consideration by Union City unless it is submitted electronically via BidNet Direct website and received by the Purchasing Agent by the date and time specified in the RFP. A proposal delivered late and not submitted electronically via BidNet Direct website shall, under no circumstances, be eligible for consideration by Union City and will not be opened.

Proposal Opening:

All proposals will be opened at the time of evaluation. The name of each proposer shall be announced via Bidnet, but no other information shall be disclosed until a contract is awarded, consistent with the Georgia Open Records Act. O.C.G.A. Section 50-18-70 et seq.

September 17, 2024, Rev. Page 9

Evaluation of Proposals:

Each proposal shall be evaluated to determine whether it is responsive to the scope of services and other terms and conditions contained in the RFP. In evaluating the proposals, the evaluating team may communicate with each Proposer to clarify and amplify each Proposer's proposal. No information concerning any other Proposer's proposal shall be communicated in any way to the

Proposer. Additional information may be requested of Proposers.

Award of Proposal

Responsive and Responsible Proposal: The Award shall be made to the responsible Proposer whose proposal is determined to be the most advantageous to Union City based upon, but not limited exclusively to, price and the evaluation factors set forth in the RFP.

2.6 Rejection or Disqualification of Proposal

Proposals May be Rejected in Whole or Part

• Union City reserves the right to:

• Reject any or all proposals;

• Reject parts of proposals;

• Negotiate modifications of proposals submitted for purposes of finalizing and executing a

Contract; and

• Accept part or all of a proposal on the basis of consideration(s) other than cost or proposed rates.

Disqualification of Proposals: The following types of bids shall be disqualified for consideration for award:

• A proposal arrives after the set time for submittal;

• A proposal which is incomplete in any material aspect;

• A proposal submitted without required bonds or insurance; and

• A proposal submitted by a company on the Ineligible Source List.

2.7 Proposal Schedule

RFP Distribution 9.25.2024

RFP Pre Proposal Meeting

TEAMS

Meeting ID: 224 620 159 053

Passcode: WRhJpU

10.2.24 @ 10:00 a.m.

Questions regarding the RFP deadline 10.7.24 @ 12:00 p.m.

RFP Answer Deadline 10.11.24

Proposal Due 10.21.24 @ 12:00 p.m.

Final Award 12.17.24

September 17, 2024, Rev. Page 10

2.8 SS4A Action Plan Notes

The following notes shall be considered in the development of the SS4A Action Plan:

❖ Visually represent the Action Plan through network maps and a clear, concise, and graphically rich document (delivers GIS and source files).

❖ Create a list of recommended education, encouragement, enforcement, and equity policies and programs to increase awareness of transportation safety.

❖ Identify a set of performance measures and methods to help Union City track safety project implementation over time. This data should feed into an annual reporting program.

❖ A memo outlining public input and how it was used in determining recommendations.

❖ Make it easy for people to find study information through QR codes or custom short

URLs.

❖ Develop a Partner Toolkit to share with study partners and stakeholders to make it efficient for organizations to spread the word about the study on their channels and broaden the breadth of outreach.

September 9, 2024, Rev. Page 1

APPENDIX A

Contract Agreement

This Contract Agreement made and entered into this ___ day of _______ 2024 (the “Agreement”), by and between the City of Union City, Georgia (the “City”), having its principal place of business at

5047 Union Street, Union City, Georgia, and _______________ (the “Consultant”).

WHEREAS, the City has caused the Request for Proposals (the “RFP”) to be issued soliciting proposals from qualified firms to furnish all items, labor services, materials and appurtenances called by them in accordance with the RFP; and

WHEREAS, the Consultant submitted a proposal in response to the RFP

(the “Proposal”); and

WHEREAS, the Consultant’s Proposal was deemed by the City to be advantageous to the City;

NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which being hereby acknowledged by the parties, the parties agree as follows:

1.0 Scope of Work

In accordance with RFP-PS-25-01 Union City, Safe Streets and Roads for All (SS4A) Action Plan

(the “Project”), the Consultant shall furnish all skill and labor of every description necessary to carry out and complete in good, firm and substantial, workmanlike manner, the work specified in the RFP to the specifications as directed in the RFP and pursuant to the terms of this Agreement, including all incidentals, as directed by the City’s Public Services Director and the City Manager or his/her representative.

The primary scope of services for this Agreement is to provide a complete SS4A Action Plan meeting the requirements of the U.S. Department of Transportation Safe Streets for All Program.

2.0 Payment

As full compensation for the performance of this Agreement, the City shall pay the Consultant for the actual quantity of work performed. The fees for the work to be performed under this Agreement shall be charged to the City in accordance with the rate schedule referenced in the Consultant’s Proposal.

The City agrees to pay the Consultant, following receipt by the City of a detailed and correct invoice, reflecting the actual work performed by the Consultant.

September 9, 2024, Rev. Page 2

Before issuance of payment, if the Consultant has not submitted evidence satisfactory to the City that all payrolls, materials bills, and other indebtedness connected with the Project have been paid, the City may withhold such amount or amounts as may be necessary to pay just claims for labor and services rendered and materials in and about the work on the Project (the “Work”), and such amount or amounts withheld or retained may be applied by the City to the payment of such just claims.

Payment will be made by the City within thirty (30) days of receipt of an accurate invoice by the Finance Department. To ensure prompt and accurate payment all invoices must accompany a purchase order number provided by the City.

2.1 Term

This Agreement shall be effective upon its execution (the “Effective Date”) and shall terminate at the time of completion of the Project as described in the Proposal, but, in any event no later than 10 months (300 calendar days) from the Effective Date. There are 300 calendar days scheduled for Project duration.

2.2 Change Orders

Written approval shall be obtained by the Consultant for all change orders or contingency items prior to the start of any Work.

3.0 Independent Consultant

3.1 The Consultant shall be an independent contractor. The Consultant is not an employee, agent or representative of the City. The Consultant shall obtain and maintain, at the

Consultant’s expense, all permits, licenses or approvals that may be necessary for the performance of the services. The Consultant shall furnish copies of all such permits, licenses or approvals to the City Representative at the time of executing the Agreement.

3.2 Neither the City nor the Consultant has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City without the express knowledge and prior written consent of the City.

4.0 Indemnification

The Consultant agrees to indemnify, hold harmless and defend the City and its officers and employees from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney’s fees) arising out of any act or omission of the Consultant, its agents, subcontractors or employees in the performance of this Agreement.

September 9, 2024, Rev. Page 3

5.0 Insurance

The Consultant shall, at its own cost and expense, obtain and maintain workers’ compensation and commercial general liability insurance coverage covering the period of this Agreement, such insurance to be obtained from a responsible insurance company acceptable to the City and legally licensed and authorized to transact business in the State of Georgia. Any such insurance shall be in force on the date of execution of the Agreement and shall remain continuously in force for the duration of the Agreement.

The Consultant and its sub-consultants shall secure and maintain the following insurance as itemized below:

5.1.1 Workers’ Compensation Insurance

Workers’ Compensation insurance shall meet the statutory obligations with

Coverage B – Employer’s Liability limits of at least $100,000 each accident, $500,000 disease-policy limit and $100,000 disease each employee.

5.1.2 Commercial General Liability Insurance

Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence, $50,000 fire damage and $1,000 medical expense any one person. The policy shall be on an “occurrence” basis, shall include contractual liability coverage and the City shall be named an additional insured. The insurance shall include up to

$10,000 expenses to extract pollutants from land or water at the “premises” if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results from a covered cause of loss.

5.1.3 Commercial Automobile Liability Insurance

Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance shall include a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation.

5.1.4 Professional Liability Insurance or Errors & Omissions Insurance

Professional Liability Insurance or Errors & Omissions Insurance providing coverage for: 1) the claims that arise from the errors or omissions of the Consultant or its sub-consultants; and

2) the negligence or failure to render a professional service by the Consultant or its sub-consultants. The insurance policy should provide coverage in the amount of $1,000,000 for each occurrence and $1,000,000 annual aggregate.

The insurance policy must provide the protection stated for two years after completion of the

Work. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Consultant. Any policy deductibles or retention shall be the responsibility of the

Consultant. The Consultant shall control any special or unusual hazards and be responsible for any damages that result from those hazards.

September 9, 2024, Rev. Page 4

The City does not represent that the insurance requirements are sufficient to protect the

Consultant’s interest or provide adequate coverage. Evidence of coverage is to be provided on a

City-approved Insurance Certificate. The Consultant shall provide at least thirty (30) days’ notice prior to the policy being canceled, not being renewed, or materially changed.

The Consultant shall require any of its sub-consultants, if sub-contracting is allowable under this Agreement, to comply with these provisions.

5.2 Accuracy of Work

The Consultant shall be responsible for the accuracy of the Work and shall promptly correct errors and omissions in its plans and specifications without additional compensation.

Acceptance of the Work by the City will not relieve the Consultant of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

5.3 Performance, Payment, and Bid Bond

The Consultant shall furnish a surety bond for performance of this Agreement. Said surety bond shall be in the amount of 100% of the Agreement price.

The Consultant shall furnish a surety bond for payment of this Agreement. Said surety bond shall be provided with limits of not less than 110% of the total Project cost of the Project.

The Consultant shall furnish a surety Bid Bond payment of 5% along with bid submittal.

The premium for the bonds described above shall be paid by the Consultant. A certificate from the surety showing the bond premiums are paid in full shall accompany the bonds.

The surety on the bond shall be a duly authorized corporate surety company approved to do business in the State of Georgia.

5.4 Accounting Standards

The Consultant agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Agreement.

5.5 Retention of Records

The Consultant shall retain all records pertinent to expenditures incurred under this Agreement for a period of three (3) years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this Agreement shall be retained for three (3) years after final disposition of such property.

6.0 Termination

6.1 Any other provisions of this Agreement notwithstanding, each party has the right to terminate this Agreement if the other party breaches or is in default of any obligation hereunder which default or

September 9, 2024, Rev. Page 5 breach is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of written notice of such default (or such additional cure period as the non-defaulting party may authorize).

In addition, if at any time after commencement of the Work, the City shall, in its sole reasonable judgment, determine that such Work is inadequate, unsatisfactory, no longer needed, or substantially not conforming to the descriptions, warranties, or representations contained herein, the City may terminate this Agreement upon thirty (30) days written notice to the Consultant.

6.2 The City may terminate the Agreement immediately without prejudice to any other right of action or remedy if the Consultant:

6.2.1 Becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the event that any of the above events occur, the Consultant shall immediately notify the City of each occurrence; or

6.2.2 After five (5) days written notice fails to:

a) Maintain the required insurance; or

b) In any other manner to perform the requirements of the Agreement.

7.0 Inclusion of Documents

The Agreement, any amendments thereto, the RFP, and the Consultant’s Proposal submitted in response thereto, including any best and final offer, are incorporated in this Agreement by reference and form an integral part of this Agreement. In the event of a conflict in language between this Agreement and the foregoing documents incorporated herein, the provisions and requirements set forth in this Agreement shall govern. In the event of a conflict between the language of the RFP, as amended, and the Consultant’s Proposal, the language in the former shall govern.

8.0 Compliance with All Laws and Licenses

The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement.

8.1 Federal Requirements

8.1.1 Federal Compliance Regulations

The City of Union City has incorporated, or caused to be incorporated, into this

Agreement the following Equal Employment Opportunity clauses:

“During the performance of this Agreement, the Consultant agrees as follows:

September 9, 2024, Rev. Page 6

(1) The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicapping condition. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin, or handicapping condition. Such action shall include but not be limited to, the following: 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this nondiscrimination clause.

(2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or handicapping condition.

(3) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the Consultant’s commitments under Section 202 of Executive Order 11246, as amended (3 CFR 169 (1979)), and shall post copies of notices in conspicuous places available to employees and applicants for employment.

(4) The Consultant will comply with all provisions of Executive

Order 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Consultant will furnish all information and reports required by Executive Order 11246, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

(6) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, or by rules, regulations, or orders of the Secretary of

Labor, or as otherwise provided bylaw.

September 9, 2024, Rev. Page 7

(7) The Consultant will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Contracting agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.”

9.0 Assignment

The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City’s prior written consent.

10.0 Amendments in Writing

No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties.

11.0 Drug-Free and Smoke-Free Workplace

11.1 A drug-free and smoke-free workplace will be provided for the Consultant’s employees during the performance of this Agreement; and

11.2 The Consultant will secure from any sub-contractor hired to work in a drug-free and smoke-free work place a written certification so stating and in accordance with Paragraph (7), subsection (b) of the Official Code of Georgia Annotated Section 50-24-3.

11.3 The Consultant may be suspended, terminated, or debarred if it is determined that:

11.3.1 The Consultant has made false certification herein; or

11.3.2 The Consultant has violated such certification by failure to carry out the requirements of Official Code of Georgia Annotated Section 50-24-3.

12.0 Work Authorization Program

Exhibit “A” is hereby incorporated into this Agreement and made a part hereto. Exhibit “A” enables all parties to be in compliance with O.C.G.A. § 13-10-91 as it pertains to statutorily-required verification of employees.

September 9, 2024, Rev. Page 8

13.0 Governing Law and Venue

This Agreement shall be governed in all respects by the laws of the State of Georgia. Any disputes that arise under this Agreement shall be subject to the jurisdiction of the courts of

Fulton County, Georgia or the Northern District of Georgia, as applicable.

14.0 Miscellaneous Provisions

A. It is understood and agreed by and between the City and the Consultant that, on account of breach or default by either party of any of their obligations hereunder, it shall become necessary for the other party to employ and/or consult with an attorney to give advice, or to enforce or demand any of either party’s rights or remedies hereunder, then, and in any such event, the defaulting or breaching party shall pay all attorney’s fees, court costs and other expenses occasioned by such default(s) or breach(es).

B. All notices from Consultant to the City shall be served on or sent to the City at the following address:

Attn: Sonja Fillingame, City Manager

Union City, Georgia30291-1497

With a copy to:

Attn: Dennis Davenport, City Attorney

100 Habersham Drive

Fayetteville, Georgia30214

All notices from the City to the Consultant shall be served on or sent to Consultant at its registered office and at the following contact format:

Name:

Address:

City, State and Zip Telephone Number:

C. Force Majeure

Neither party hereto shall be liable to the other party for any nonperformance of its obligations, in whole or in part, under this Agreement caused by the occurrence of any contingencies beyond the control of the parties, including but not limited to the weather

(including but not limited to rain, showers, hurricanes, floods), declared or undeclared war, sabotage, insurrection, riot or other acts of civil disobedience, acts of a public enemy, acts of governments or agencies affecting the terms of this Agreement, strikes, labor disputes, acts of third parties not within the control of the party whose performance is affected, shortages of fuel, failures of power, accidents, fires, explosions, hurricanes, storms, floods, or other acts of GOD. In the event, that any such

September 9, 2024, Rev. Page 9 contingencies occur, the party whose performance is affected shall have a reasonable time in which to resume performance and such party’s nonperformance shall not constitute a default. Notwithstanding the foregoing, if the non-performing party is unable to resume full performance despite reasonable attempts to do so, the other party shall have the right to terminate this Agreement pursuant to the provisions of Paragraph

6 above.

D. Ownership, Publication, Reproduction and Use

All documents and materials prepared pursuant to this Agreement are the property of the City. The City shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The City shall not hold the Consultant accountable for claims arising out of such use of the documents and materials without the Consultant’s knowledge and consent.

15.0 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statement, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein.

September 9, 2024, Rev. Page 10

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature.

MAYOR AND COUNCIL FOR THE

CITY OF UNION CITY

(SEAL)

By:___________________________ VINCE WILLIAMS, Mayor

ATTEST:

Sharday Freeman, Interim City Clerk

Approved as to form:

City Attorney

CONSULTANT

(SEAL)

By:___________________________

ATTEST:

September 9, 2024, Rev. Page 11

EXHIBIT A

COUNTY OF FULTON

STATE OF GEORGIA

CONTRACTOR AFFIDAVIT

COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned Contractor, who, after being duly sworn, states as follows:

1.

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A.

§ 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Union City has registered with and is participating in a federal work authorization program* in accordance with the applicability provisions and deadlines established in O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02.

2.

The undersigned Contractor further agrees that, should it employ or contract with any sub-contractor(s) in connection with the physical performance of services pursuant to the contract with the

City of Union City of which this affidavit is a part, the undersigned Contractor will secure from such sub-contractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 through the Contractor execution of the sub-Contractor affidavit required by the Georgia Department of Labor Rule 300-10-1-.08 or a substantially similar sub-Contractor affidavit.

A form of such sub-Contractor’s affidavit is attached hereto as Exhibit “B”. In the event that a sub-

Contractor has no employees and does not hire or intend to hire employees for the purpose of satisfying or completing the terms and conditions of this Agreement, Contractor will obtain from said sub-

Contractor a form of identification authorized by law in lieu of the aforementioned affidavit. The undersigned Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Union City at the time the Contractor(s) is retained to perform such service.

EEV / Basic Pilot Program User

Identification Number

FURTHER AFFIANT SAYETH NOT.

* Any of the electronic verification of work authorization programs operated by the United States

Department of Homeland Security or any other 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. 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).

September 9, 2024, Rev. Page 12

BY: Authorized Officer or Agent Date ________________

Contractor’s Name

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

Sworn to and subscribed before me

This ___ day of _________, 20___.

Notary Public

My commission expires:

September 9, 2024, Rev. Page 13

EXHIBIT B

COUNTY OF FULTON

STATE OF GEORGIA

SUBCONTRACTOR AFFIDAVIT

COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned subcontractor, who, after being duly sworn, states as follows:

By executing this affidavit, the undersigned subcontractor verifies its compliance with

O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or corporation which has engaged in the physical performance of services under a contract with (name of Contractor) on behalf of the City of Union City has registered with and is participating in a federal work authorization program*in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and Georgia Department of

Labor Rule 300-10-1-.02.

EEV / Basic Pilot Program

User Identification Number

FURTHER AFFIANT SAYETH NOT.

* Any of the electronic verification of work authorization programs operated by the United States

Department of Homeland Security or any other 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. 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).

BY: Authorized Officer or Agent Date

Subcontractor

Name___________________________________________________

Title of Authorized Officer or Agent of Contractor_______________________________________

Printed Name of Authorized Officer or Agent this day of , 20 .

September 9, 2024, Rev. Page 14

APPENDIX B

AFFIDAVIT OF NON-DEBARRED STATUS

The Proposer certifies that neither it nor its subcontractors is presently debarred, suspended, Proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency. Any such exclusion may cause prohibition of your firm from participating in any procurement by the City of Union City.

If the Proposer is unable to certify to any of the statements in this certification, such Proposer or subcontractor shall attach an explanation to this Bid.

INSTRUCTIONS FORCERTIFICATION

By signing and submitting this certification, the Proposer is providing the certification set out below:

The certification in this clause is a material representation of fact upon which reliance will be placed. If it is later determined that the prospective Contractor knowingly rendered a false certifications, the Purchasing Agent may pursue all available remedies, including suspension and/or debarment, for withdrawal of award or termination of a contract.

The prospective Contractor shall provide immediate written notice to the Purchasing Agent if at any time the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

Proposer shall be under a continuing duty to immediately inform the Purchasing Agent in writing of any changes, if as a result of such changes, the Proposer certification regarding debarment is affected.

Failure to fully and truthfully provide the information required, may result in the disqualification of your Bid from consideration or termination of the Contract, once awarded. This document must be completed and included as part of the Contract along with other required documents.

Under penalty of perjury, I declare that I have examined this certification and all attachments hereto if applicable, to the best of my knowledge and belief, and all statements contained hereto are true, correct, and complete.

On this day of , 2024.

(Legal Name of Proposer) (Date)

(Signature of Authorized Representative) (Date)

September 9, 2024, Rev. Page 15

(Title) this day of , 2024.

September 9, 2024, Rev. Page 16

APPENDIX C - CONTRACT FOR

PERFORMANCE BOND

KNOW ALL MEN BYTHESE PRESENTS, THAT WE

(hereinafter called the “Principal”)and (hereinafter called the “Surety”) are held and firmly bound unto the City of UNION CITY (hereinafter known as the “City”), for the use of said obligee and all persons doing work or furnishing skill, tools, machinery, supplies, or material under or for the purpose of the Contract hereinafter referred to, in the full and just sum of $ in lawful money of the United States of America, to be paid to said City, its successors, and assigns to which payment well and truly to made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severely, firmly by these presents.

WHEREAS, the above bound Principal has entered into a contract or contracts with the said

City, bearing date of , 2024,for furnishing material, labor and equipment for:

SAFE STREETS AND ROADS FOR ALL ACTION PLAN

WHEREAS, it was one of the conditions of the award by said City pursuant to which said Contract was entered into, that these presents shall be executed.

NOW, THEREFORE, the conditions of this obligation are such that if the above bound

Principal shall in all respects fully comply with the terms and conditions of said Contract and his obligation there under, including the Specifications and Bid, therein referred to and made a part thereof, and such alterations as maybe made in said Specifications as therein provided for, and including one-year guarantee period from date of damages, injury or loss, to which the said City may be subjected by reason of any wrongdoing, misconduct by Principal’s agents, or employees, in the execution of performance of said Contract, and shall promptly pay all just claims for damages or injury to property and for all work done, or skills, tools, and machinery, supplies, labor, and materials furnished and debts incurred by said Principal in our about the construction or improvement contracted for this obligation to be void; otherwise, in full force and effect.

And the said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extensions of time, alterations, or additions to the terms of the Contract or to the Work to be performed there under or the Specifications accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the Work or the Specifications.

This Bond shall be for the use of all persons doing Work or furnishing skill, tools, machinery, or materials under or for the purpose of this Contract, in accordance with the provisions of the Official

Code of the State of Georgia, as amended, and is intended to be and shall be construed to be a bond in compliance with the requirements thereof.

The life of this Bond extends through the life of the Contract including the sixty-day maintenance period, and until one year after the final acceptance of the Work by the City.

IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed in duplicate, this day of 2024.

September 9, 2024, Rev. Page 17

CONTRACTOR

(Company Name)

Attest:

Title:

By: (Seal)

SURETY

BY:

(Local Agent’s Signature)

(Name – Printed)

(Address)

September 9, 2024, Rev. Page 18

APPENDIX D

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE (hereinafter called the “Principal”) and (hereinafter called the “Surety”) are held and firmly bound unto the City of UNION CITY (hereinafter known as the “City”), in the full sum of

$ for the use and protection of said City and all subcontractors and all persons supplying labor, materials, and machinery, and equipment for the performance of the Work provided for in the Contract hereinafter referred to, for the payment of which well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents.

WHEREAS, the above bound Principal has entered into a Contract with the said CITY, bearing date of ____________________, for furnishing material, labor and equipment for:

WHEREAS, it was one of the conditions of the award by the City pursuant to which said Contract was entered into, that these presents shall be executed.

NOW, THEREFORE, the conditions of this obligation are such that if the above bound Principal shall promptly pay all subcontractors and all other persons supplying labor, materials, machinery, and equipment furnished for the performance of the Work provided for by said Contract, and such alterations or additions as may be made therein or in the Plans and Specifications, then this bond to be void, otherwise, in full force and effect, and

The Surety to this bond, for value received, agrees that no change, extensions of time, alterations or additions to the terms of the Contract or the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this bond, and…