IFB _26_020 _ Art Mural CSX Underpass Hwy 138.pdf

IFB # 26-020 Issued by the City of Fairburn Art Mural - CSX Underpass Hwy 138

SUMMARY

The City of Fairburn and the City of Union City are seeking an innovative public outdoor art mural showcasing both cities. The art mural will be on the cemented wall under the CSX Overpass at the intersection of State Route 138 (Jonesboro Road) and Highway 29 (Beverly Engram Parkway). The design will also include the beams under the bridge as well as the facing on both sides. This design cannot include lights but can be bright with color and design.

DESCRIPTION

The City of Fairburn is a government entity that follows its Comprehensive Plan and Creative Placemaking Strategy to incorporate public art within the city and become an art destination. This call for artists is part of ongoing projects that are meant to encourage walking and create a safe environment for pedestrians. It will also build on Fairburn’s continuing effort to increase public art for economic and community development, as well as enhance tourism. We invite artists to ignite our imaginations, awaken us to the beauty of our surroundings, and lift stories that will inspire and motivate people of all ages.

ARTIST ELIGIBILITY

Eligible applicants must be artists aged 18 and over, with at least 1 - 3 years of experience painting murals, crosswalks, or other public artworks (e.g., bike racks, utility boxes, etc.). Artists may bring volunteer(s) or partner with a local school or organization to help with the installation. Applicants must be legal to work in the United States.

LOCATIONS

This project will add a mural to an exterior retaining wall adjacent to the Underpass, which is a heavily traveled locations in the city and will build on Fairburn’s continuing effort to increase public art; located at the CSX Overpass at the intersection of State Route 138 (Jonesboro Road) and Highway 29 (Beverly Engram Parkway), Fairburn, Georgia 30213.

DESIGN

The proposed artwork must:

• Be an original artwork created by the artist.

• Appropriate for the public and cannot include profanity, nudity, gang symbols, political or religious content, advertisements of any kind, nor anything that may be deemed inappropriate or offensive.

• Be monochromatic or color.

• Be scaled to cover the length and width of the crosswalk.

• Use an exterior, acrylic latex-based paint followed by a sealant with a non-skid/slip-resistant additive.

No oil-based paint will be allowed. A final coat of grip paint is required.

*(See Exhibit A for additional design details.)

Invitation to Propose All communication regarding this solicitation must be with the Purchasing Specialist, Kadi-Anne Cole, purchasing@fairburn.com. Bidders must submit the bid on the BidNet portal, and it must be received by Tuesday August 25, 2026 at 5:00pm EST. All required documents must be signed except the Contract.

Vendors are encouraged to attend the Optional Pre-Bid Meeting, which will be held on Thursday, July 30, 2026, at 10:00 a.m. EST via Microsoft Teams. Meeting ID: 298 086 784 526 93 Passcode:

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All questions or requests for clarification must be submitted on the Bidnet portal by Thursday August 6, 2026, at 4:00 pm. EST. Questions received after this date and time may not be answered.

Questions and clarifications will be answered in the form of an addendum. Any addendum, schedule changes, and other important information related to this solicitation will be posted on the Bidnet website at https://www.bidnetdirect.com/ and it is the Offeror’s responsibility to check the Bidnet portal for any Addendum or other communications related to this solicitation.

The City of Fairburn reserves the right to reject all bids and to waive technicalities and informalities, and to make an award in the best interest of the City of Fairburn.

The City of Fairburn is not responsible for any technical difficulties. It is highly recommended that all potential contractors submit their proposals prior to the due date of this solicitation.

Project Goals

- Proposals should address the following goals:

• Activate the underpass as a gateway and destination, not merely a pass-through

• Celebrate both Union City and Fairburn's history, culture, and future vision

• Enhance pedestrian safety, comfort, and aesthetics

• Foster community ownership through inclusive engagement

• Deliver durable, site-appropriate public art and amenities

Scope of Work (Summary) The selected proposer shall provide full project coordination including design, fabrication, installation.

Property & Installation Restrictions No artwork shall be attached to the existing CSX pedestrian bridge. All installations must occur within City-owned property and approved rights-of-way only.

Submission Requirements Proposals must include qualifications, work samples, conceptual approach, engagement plan, schedule, and budget. Proposals must include:

1. Letter of Interest

2. Project approach and conceptual narrative

3. Preliminary design concepts or visual references

4. Community engagement plan (recommended, however not required)

5. Project schedule

6. Itemized budget

7. Qualifications and relevant experience

8. Work samples (3–5 examples)

9. Professional references (minimum two)

Evaluation Criteria Proposals will be evaluated based on artistic merit, feasibility, experience, and responsiveness to project goals, in the following areas:

• Artistic merit and creativity

• Experience with public art

• Feasibility and clarity of approach

• Responsiveness to project goals and site constraints

• Budget realism and schedule Proposals will be reviewed by the City of Fairburn staff and the Art Advisory Council. Each proposal submitted will be evaluated on the following criteria: Artist experience:

• Does the artist exhibit excellence as demonstrated by past work and shown in submitted materials?

• Does the artist have at least 1-3 years of experience painting murals, crosswalks, or other public artworks? Concept:

• Is the artwork unique and original to the proposing artist?

• Is the design visually and conceptually stimulating? Artistic Merit/Quality

• Do the other examples of work submitted to support the artistic merit/quality of the proposal?

• How will the design interact with its viewers? Is the subject matter or design relevant and appropriate for this audience? Feasibility

• Is the proposed budget reasonable?

• Does the artist have the experience to execute the proposal?

TERMS AND CONDITIONS

By submitting a proposal, the Artist(s) is accepting the following Terms and Conditions, and these terms and conditions shall form the basis of any contract awarded as a result of the publication of this Open Call for Artist:

1. The Artist(s) shall hold harmless the City of Fairburn against any claims, judgments, or liabilities to which they may be subject as a result of any acts or omissions associated with, arising from, or relating to the submission by Artist(s) of a proposal in response to this Open Call for Artist(s) or the performance, installation, or creation of any art or performance arising from the issuance of this open call;

2. The Artist(s) agrees that its status shall be that of an independent contractor, and neither it nor any of its employees or subcontractors is or shall be an agent, servant, or employee of the City of Fairburn;

3. The Artist(s) agrees that the City of Fairburn shall be permitted to use and reproduce images, videos, and where applicable, recordings of the selected projects for promotional purposes; and that the Artist(s) will sign any document necessary to reflect such permission for use and reproduction;

4. All proposal submissions become the property of the City of Fairburn;

5. The crosswalk art is expected to have a lifespan of approximately 3-5 years without the need for major maintenance until after that time.

maintain the art or employ other options to address the artwork status at the time such decisions are necessary; and

6. A Federal Work Authorization user identification number included within Form W-9 for taxpayer identification number and certification shall be required, along with a S.A.V.E. affidavit and other required documents.

All terms and conditions will be stipulated in the scope of work to be signed by the selected artist or artist team.

Contact Information Kadi-Anne Cole, Procurement Specialist 314 NW Broad Street Fairburn, GA 30213 770-964-2244

EXHIBIT A -Scope of Services

The City of Fairburn and the City of Union City are seeking an innovative public outdoor art mural showcasing both cities. The art mural will be on the cemented wall under the CSX Overpass at the intersection of State Route 138 (Jonesboro Road) and Highway 29 (Beverly Engram Parkway). The design will also include the beams under the bridge as well as the facing on both sides. This design cannot include lights but can be bright with color and design. The project must be completed by December, 2026.

The color and pattern must represent both cities tastefully. The City of Fairburn’s mural will be on the West Underpass Wall and The City of Union City mural will be on East Underpass Wall. Design flexibility will allow the artist to make both murals tastefully attractive, but no artist signature is allowed. All necessary equipment supplies and labor must be included in the overall cost submission. The dimensions of the cement wall on each side are approximately 14 x 11 feet. The dimensions of the overhead beams are 93 feet wide from pillar to pillar.

The height of the structure is 6 feet tall. Additional requirements that must be adhered to:

• No tag lines can be included

• Artist name and/or signature cannot be included in the mural Colors cannot include stop light colors (Red, Yellow, Green)

• You can use the name of the cities but cannot use ‘welcome to…” or “Est. date”

• Reflective paint can be used instead of lighting. Bid submission must include all required documents as well as digital images of past work.

• Only digital images in PDF or JPEG format will be accepted and must be submitted as an attachment on the Bidnet portal.

Up to ten (5) images of past work may be sent. Please bundle all photos in one attachment with the bid submission. If the file is too large, zipped files will be accepted or links to download images may be arranged. *Annotated list of images to include description, material, location, budget, client, or commissioning organization

Services shall include:

1. Creative direction and concept development

2. Design and fabrication of gateway monuments, mural, and site furnishings

3. Installation within City-owned property and right-of-way only

4. Delivery of one (1) public artist talk upon project completion

5. Coordination with City staff and compliance with all applicable regulations

Proposal Requirements

Artist submission must include the following materials:

• 1 Color sketch of proposed design

• Budget

• Timeline

• Title of the Artwork

• Official Artist Statement. This is about work, not the person. The artist statement should include a few sentences summarizing the artist’s submission and artistic practice and approach. It is usually written in the third person. This will be used for signage, social media, and promotional purposes.

• A one-sentence summary describing the proposed work.

• Contact information for all people involved in the creation, including name, address, telephone, and email address.

• Biographical information for the principal artist(s)

• A written narrative describing the design. What is the work and what does it mean?

(NOT TO EXCEED 250 WORDS).

• Professional Resume (two pages maximum). Two Professional References who can speak to an artist’s ability to meet deadlines, work with the community, and create innovative work. Please include name, organization, phone number, and email address.

• 2-3 images of previous work (JPEG or PDF) or related projects of recent artworks (not to exceed 1024 x

768 pixels at a minimum of 150 dpi), accompanied by an image list with a description of each work sample.

• Sketch/rendering, showing scale, dimensions, and elevation of the crosswalk design(s)

• Link to Instagram or other online portfolios of work

• Budget detail showing how much is being requested, how the budget will be used, source for materials, and artist's fee.

EXHIBIT B - BID SCHEDULE

The City of Fairburn IFB # 26-020

Art Mural CSX Underpass Hwy 138 Item Division Cost

1 General Conditions $_________________

2 Demolition/Existing Conditions $_________________

3 Paint $_________________

4 Supplies $_________________

5 Equipment $_________________

6 Labor $_________________

7 Misc. $_________________

Total Cost: $ __________________

Start Date: ____________________ Completion Date: ______________ Representative Signature: _______________________ Date: _________________

Company Name: _______________________________ Email: __________________

Please Return with Bid package

West Underpass

East Underpass

EXHIBIT C

INFORMATION REQUESTED TO ASSIST IN THE DETERMINATION OF

RESPONSIBILITY

Bidders shall provide the following information on attached sheets; this information shall be submitted with the bid in the format specified. Provide the response to each section of the information, on a separate sheet of paper, preferably typewritten, and attached to the bid at the time it is submitted. Failure to provide the information requested in complete and accurate detail may result in rejection of the bid.

1. History and Organizational Structure of the Firm

Provide a cover letter introducing the company and including the corporate name, address and telephone number of the corporate headquarters and local office. The name and phone number of one individual who will be the company’s primary contact with the City of Fairburn for contract negotiation and the name of the project manager. A brief history of the company and the present organizational structure of the firm describing the management organization, permanent employees by discipline, and this project’s coordination structure; if the firm is a partnership, indicate the name of all partners, if incorporated indicate where and when. If the Contractor has changed names or incorporation status within the last five (5) years, then please list all such preceding organizations and a brief reason for the change. Contractor shall also provide a business license indicating that the Contractor can conduct business in Fulton. County, Georgia. Further, Contractor shall provide documentation showing that the Contractor is properly registered to conduct business in the State of Georgia. The contractor acknowledges and agrees that any business license and registration must remain current for the duration of the contract and such documents are material term to this agreement.

2. References

List as references (names, addresses, contact persons and toll-free phone numbers) a minimum of three (3) government municipalities or other clients of similar size and nature to City of Fairburn for which a project comparable to the scope of this project was completed.

3. Subcontractors

Indicate the names and addresses and degree of utilization of all subcontractors which would be used in the performance of this contract.

4. Previous Default

Indicate if you or any predecessor organization have ever defaulted on a contract or denied a bid due to non-responsibility to perform. If so, provide the facts and circumstances. If your firm or any successor organization is now involved in any litigation or in the past ten (10) years have been involved in litigation with owners, please list the parties to the litigation, the civil action number, and a brief explanation of the matter.

EXHIBIT D

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contractor(s) Name:

Address:

By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E- Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b).

The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Fairburn within five (5) business days after any subcontractor(s) is/are retained to perform such service.

E Verify TM Company Identification Number Date of Authorization

BY: Authorized Officer or Agent (Name of Person or Entity)

SUBSCRIBED AND SWORN BEFORE ME ON

THIS THE

DAY OF , 20_

Date

[NOTARY SEAL]

Notary Public

My Commission Expires:

* Or any subsequent replacement operated by the United States Department of Homeland Security, or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-60

Please return with your Bid package.

Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub- subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Subcontractor

Name of Project

Name of Public Employer

SUBSCRIBED AND SWORN BEFORE

ME ON THIS THE

DAY OF , 2026

[NOTARY SEAL]

Notary Public

My Commission Expires:

EXHIBIT E: DRUG-FREE WORKPLACE

The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”, have been complied with in full.

The undersigned further certifies that:

(1) A drug-free workplace will be provided for the Service Provider’s employees during the performance of the Contract; and

(2) Each Service Provider who hires a subcontractor to work in a drug-free workplace shall secure from the subcontractor the following written certification:

“As part of the subcontracting agreement with (Service Provider), (subcontractor) certifies to the Service Provider that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to paragraph (7) of the subsection (b) of Code Section 50-24-03.”

Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

Company Name

BY: Authorized Officer or Agent Date

(Service Provider Signature)

Title of Authorized Officer or Agent of Service Provider

Printed Name of Authorized Officer or Agent

EXHIBIT F

AFFIDAVIT VERIFYING STATUS FOR CITY PUBLIC BENEFIT APPLICATION

By executing this affidavit under oath, as an applicant for a City of Fairburn, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, execution of contract or other public benefit as referenced in O.C.G.A. § 50-36-1, I am stating the following with respect to my application for a City of Fairburn license/permit and /or contract for

[ Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity]:

1. I am a United States citizen

OR

2. I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States. *

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20.

** PLEASE INCLUDE A COPY OF YOUR PERMERMANENT RESIDENT CARD,

EMPLOYMENT AUTHORIZATION, GREEN CARD, PASSPORT WITH A COPY OF YOUR

DRIVER LICENSE, OR OTHER DOCUMENTATION AS ALLOWED UNDER THE LAW IF

YOU ARE A LEGAL PERMANENT RESIDENT (#2).

Subscribed and Sworn Before Me, this the day of , 20 ’ Notary Public:

Please return with your Bid package.

Signature of Applicant:

Date:

Printed Name:

* Alien Registration number for non-citizens:

EXHIBIT G: The City of Fairburn IFB # 26-020 Art Mural CSX Underpass Hwy 138

Please provide as references the names of at least three (3) local corporate clients you have served for at least three (3) years.

1. Company Name:

Address:

Contact:

2. Company Name:

Address:

Contact:

3. Company Name:

Address:

Contact:

Please return with your Bid package.

Phone:

Phone:

EXHIBIT H: SUBCONTRACTORS

The City of Fairburn

Art Mural CSX Underpass Hwy. 138

Please provide the names, address, contact name and phone number of all Subcontractors that will be utilized by the Contractor for the duration of any resulting award.

1. Company Name:

Address:

Contact:

2. Company Name:

Address:

Contact:

3. Company Name:

Address:

Contact:

4. Company Name:

Address:

Contact:

5. Company Name:

Address:

Contact:

Phone:

Phone:

Phone:

EXHIBIT I : NON-COLLUSION AFFIDAVIT

The City of Fairburn's Artist Mural Train Underpass Hwy 138

The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding.

He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value on account of such sale.

OATH AND AFFIRMATION

I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND

INFORMATION CONTAINED IN THE FOREGOING BID ARE TRUE AND CORRECT.

Dated this day of , (Name of Organization)

(Title of Person Signing)

(Signature)

(Bid Number)

ACKNOWLEDGEMENT

STATE OF )

COUNTY OF )

Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to me this day of

Notary Public Signature

IFB -26-020 Art Mural CSX Underpass Hwy 138

CONTRACT FOR SERVICES

The City of Fairburn

This CONTRACT made and entered into this day of , 2026 by and between the City of Fairburn, (Party of the First Part, hereinafter called the “City”), and -

Party of the Second Part, hereinafter called the “Service Provider” or “Contractor”).

NOW THEREFORE, for and in consideration of the mutual promises and obligations contained herein and under the conditions hereinafter set forth, the parties do hereby agree as follows:

1. TERMS:

The services to be performed under this Contract shall commence upon the date stated in the Notice to Proceed Letter. The contract period for this contract is 120 days from the date stated in the Notice to Proceed Letter. Upon the completion of the full scope of work the contract shall terminate absolutely and without further obligation as required by O.C.G.A. §36-60-13, as amended, unless terminated earlier in accordance with the provisions of this Contract.

2. ATTACHMENTS:

The following documents are attached and are specifically incorporated herein by reference;

and, along with this Contract and the General Conditions attached encompass all the Contract documents:

Exhibit A:

Exhibit B:

Exhibit C:

Exhibit D:

Exhibit E:

Exhibit F:

Exhibit G:

Exhibit H:

Exhibit I:

Scope of Service Bid Schedule Determination of Responsibility Georgia Security and Immigration Compliance Affidavit.

Drug-Free Workplace.

Affidavit Verifying Status for Public Benefit Application.

References Subcontractor Form.

Non-Collusion Affidavit.

3. PERFORMANCE:

Service Provider agrees to furnish all skill and labor of every description necessary to carry out perform, perform the services in accordance with the Contract Documents (the “Work”).

4. PRICE:

The City agrees to pay the Service Provider following receipt by the City of a detailed invoice reflecting the actual work performed by the Service Provider, provided, however, the Service Provider guarantee that the maximum price for materials, labor, and expenses, shall be the amount reflected in Exhibit B.

5. INDEMNIFICATION AND HOLD HARMLESS:

Service Provider further agrees to protect, defend, indemnify, and hold harmless the CITY, its council members, officers, agents, and employees from and against all claims or liability for compensation under the Worker’s Compensation Act arising out of injuries sustained by any employee or subcontract of the Service Provider, as allowed under the law.

6. TERMINATION FOR CAUSE:

The City may terminate this Contract for cause upon ten (10) days prior written notice to the Service Provider of the Service Provider’s default in the performance of any term of this Contract. Such termination shall be without prejudice to any City’s rights or remedies provide by law.

7. TERMINATION FOR CONVENIENCE:

The City may terminate this Contract for its convenience at any time upon 30 days written notice to the Service Provider. In the event of the City’s termination of this Contract for convenience, the Service Provider will be paid for those services actually performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider who shall itemize each element of performance.

8. TERMINATION FOR FUND APPROPRIATION:

The City may unilaterally terminate this Contract due to lack of funding at any time by written notice to the Service Provider. In the event of the City’s termination of this Contract for fund appropriation, the Service Provider will be paid for those services performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider which shall itemize each element of performance.

9. CONTRACT NOT TO DISCRIMINATE:

During the performance of this Contract, the Service Provider will not discriminate against any employee or applicant for employment because of race, creed, color, color, sex, national origin, age, or disability which does not preclude the applicate or employee from performing the essential functions of the position. The Service Provider will also, in all solicitations or advertisements for employees placed by qualified applicants, consider the same without regard to race, creed, color, sex, national origin, age, or disability which does not preclude the applicant from performing the essential functions of the job. The Service Provider will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each sub-service providers for standard commercial supplies of raw materials.

ASSIGNMENT:

The Service Provider shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous consent of the City in writing.

10. WAIVER:

A waiver by either party of any breach of any provision, term, covenant, or condition of this Contract shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition.

11. SEVERABILITY:

The parties agree that each of the provisions included in this Contract is separate, distinct and severable from the other and remaining provisions of this Contract and that the invalidity of any Contract provision shall not affect the validity of any other provision or provisions of this Contract.

12. GOVERNING LAW:

The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia. This Contract has been signed in Fulton. County, Georgia.

13. SMALL AND MINORITY BUSINESSES CLAUSE:

The City of Fairburn, in maintaining its status as a Welcoming City and City of Ethics commissioned a study of its Social Justice, Race, and Equity practices. As a result of the study, recommendations have been made to enhance and improve upon its efforts in providing opportunities to small and minority businesses in procuring goods and services. With respect to openness and transparency, the City of Fairburn encourages all businesses regardless of size and status to engage in the City’s procurement process. The city gives equal attention to all submissions and will work with individual firms to ensure that their questions are answered in a timely basis.

14. MERGER CLAUSE:

The parties agree that the terms of this Contract included the entire Contract between the parties, and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this Contract.

15. WAIVER:

A waiver by either party of any breach of any provision, term, covenant, or condition of this Contract shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition.

16. SEVERABILITY:

The parties agree that each of the provisions included in this Contract is separate, distinct and severable from the other and remaining provisions of this Contract and that the invalidity of any Contract provision shall not affect the validity of any other provision or provisions of this Contract.

17. GOVERNING LAW:

The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia. This Contract has been signed in Fulton. County, Georgia.

18. SMALL AND MINORITY BUSINESSES CLAUSE:

The City of Fairburn, in maintaining its status as a Welcoming City and City of Ethics commissioned a study of its Social Justice, Race, and Equity practices. As a result of the study, recommendations have been made to enhance and improve upon its efforts in providing opportunities to small and minority businesses in procuring goods and services. With respect to openness and transparency, the City of Fairburn encourages all businesses regardless of size and status to engage in the City’s procurement process. The city gives equal attention to all submissions and will work with individual firms to ensure that their questions are answered in a timely basis.

19. MERGER CLAUSE:

The parties agree that the terms of this Contract included the entire Contract between the parties, and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this Contract.

[Signature page follows]

IN WITNESS WHEREOF, City and Contractor have set their hands and seals hereto as of the day and year indicated next to their signatures.

CONTRACTOR:

(Contractor), a corporation

By: ____________________

(Corporate Seal)

CITY:

CITY OF FAIRBURN, a municipality incorporated in the State of Georgia

By: ___________________________ Hatti Portis - Jones, Mayor

Attest: _______________________ Deannia Ray, City Clerk

Address:

(Contractor) Address:

City, State, Zip

Date Signed by Contractor:

______________________, 2026

Address:

City of Fairburn 56 Malone Sr. SW Fairburn, GA 30213

Date signed by City:

_________________, 2026

Approved as to form:

______________________________ Rory K. Starkey, City Attorney

{SEAL}

Certification Regarding Debarment and Suspension

Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

I. The prospective primary participant certifies to the best of its knowledge and belief that its principals;

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency;

b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for connnission of fraud or a criminal offense in cmmection with obtaining, attempting to obtain, or perfonuing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, tl1eft, forgery, bribery, falsification, or destmction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph ( l )(b) of this certification; and

d. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) temlinated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (A)

I. By signing and subnlitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. 1l1e prospective participant shall submit an explanation of why it cannot provide tl1e certification set out below. 1l1e certification or explanation will be considered in connection with the department or agency's determination whether to enter into tl1is transaction. However, failure of the prospective primary participant to fomish a certification or an explanation shall disqualify such person from participation in tl1is transaction.

3. ll1e certification in this clause is a material representation of fact upon which reliance was place when the department or agency determined to enter into this transaction. If it is later determined that tl1e prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.

U.S. Department of Housing and Urban Development

4. The prospective primary participant shall provide immediate written notice to the department or agency to whom tl1is proposal is subnlitted if at any time the prospective primary participant learns that its certification was erroneous when subnlitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in tl1is clause, have the meanings set out in the Definitions and Coverage sections of the mies implementing Executive Order 12549.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations.

6. 1l1e prospective primary participant agrees by submitting tl1is proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant forther agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check tl1e Nonprocurement List.

9. Nothing contained in the foregoing shall be constmed to require establishment of a system of records in order to render in good faitl1 the certification required by tl1is clause. 1l1e knowledge and information of a participant is not required to exceed that which is normally possessed by a pmdent person in tl1e ordinary course of business dealings.

I 0. Except for transactions authorized under paragraph (6) of tl1ese instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in tl1is transaction, in addition to other remedies available to tl1e Federal Government, tl1e department or agency may terminate tl1is transaction for cause of default.

Certification B: Certification Regarding Debarment, Suspension, Ineli gibility and Voluntary Exclusion - Lower Tier Covered Transactions

I. ll1e prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Certification (B)

I. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2 . l11e certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.

If it is later detennined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. ll1e prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4 . l11e tem1s covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations.

Applicant

Signature of Autho1ized Certifying Official

5. l11e prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it deterntlnes the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be constmed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is nonually possessed by a pmdent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph (5) of these instmctions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarn1ent.

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