ITB 24_03 _ Curiosity Corner (No Exhibit).pdf

ITB NO. 24-03

City of Peachtree Corners

Department of Public Works City Hall, 310 Technology Parkway, Peachtree Corners, Georgia 30092

October 28, 2024

INVITATION TO BID (ITB) NO. 24-03

CURIOSITY CORNER

PEACHTREE CORNERS, GEORGIA

FIRM’S NAME AND ADDRESS:

(Street, City, State and Zip Code. Type or print):

Federal Tax ID No.

ARE YOU A GEORGIA FIRM? Yes No

CONTACT INFORMATION

Phone:

E-mail:

SIGNATURE OF PERSON AUTHORIZED TO SIGN

BID AND DATE:

SIGNER’S NAME AND TITLE (Type of Print):

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS BID

TO THE CITY OF PEACHTREE CORNERS ON OR BEFORE THE

STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE

BIDDER’S RESPONSIBILITY.

Transportation Engineer: James Nguyen Email: jnguyen@peachtreecornersga.gov

Deadline for Submission of Questions: 4:00 P.M. ET, November 20, 2024

Deadline for Submission of Bids: 2:00 P.M. ET, December 2, 2024

Public Opening of Bids: 2:00 P.M. ET, December 2, 2024 mailto:jnguyen@peachtreecornersga.gov

TABLE OF CONTENTS

TITLE PAGE NO.

Advertisement for Bids 3

Instructions to Bidders 4

Required Documents Checklist 11

Bid Form 12

Bidder’s Unit Price Form 14

Bid Bond 18

Contractor Affidavit and Oath of Successful Bidder 20

Contractor Affidavit 22

Subcontractor Affidavit 23

Contractor Reference and Release Form 24

Subcontractor Reference and Release Form 25

Exhibit I Sample Standard Form Contract for Construction

Exhibit II Minimum Technical Specifications

Exhibit III Project Drawings

Exhibit IV Project Specifications

Exhibit V Project Specifications

ADVERTISEMENT FOR BIDS

INVITATION TO BID NUMBER 24-03

PEACHTREE CORNERS, GEORGIA

Sealed Bids will be received by the City of Peachtree Corners, Department of Public Works, at City

Hall, 310 Technology Parkway, Peachtree Corners, Georgia 30092, until 2:00 P.M. ET on the 2nd day of December, 2024, for furnishing all labor, materials, equipment, and all things necessary pursuant to Drawings, Specifications, conditions, etc., for Invitation to Bid No. 24-03 Curiosity

Corner (“the Project”). Bid Opening shall be at 2:00 p.m. on the same date.

SUBMIT ONE ORIGINAL BID PACKAGE (INCLUSIVE OF THE ENTIRE

INVITATION TO BID DOCUMENT AND REQUIRED DOCUMENTS) AND ONE (1)

ELECONTRONIC COPY ON A FLASH DRIVE IN A SEALED ENVELOPE TO THE

ADDRESS LISTED ABOVE.

Bids will be considered only from experienced and well-equipped contractors.

QUESTIONS

All questions concerning the Project and requests for information or clarification of the ITB must be submitted to the Department of Public Works in writing via email to James Nguyen, Transportation Engineer, at jnguyen@peachtreecornersga.gov. Questions must be submitted no later than the date and time listed in the bid timetable. Questions submitted after the deadline or submitted to anyone other than the listed contact person will not receive a response or be the subject of addenda.

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

INFORMALITIES IN BIDDING, AND TO RE-ADVERTISE.

This 28th day of October, 2024.

By:

James Nguyen Transportation Engineer Department of Public Works

INSTRUCTIONS TO BIDDERS

GENERAL

Sealed Bids will be received by the City of Peachtree Corners, Department of Public Works, at City

Hall, 310 Technology Parkway, Peachtree Corners, Georgia 30092, until 2:00 P.M. ET on the 2nd day of December, 2024, for ITB No. 24-03 Curiosity Corner according to the Drawings and

Specifications of the same title which are on file in the Department of Public Works and available on the city website at www.peachtreecornersga.gov. Timely submitted Bids shall be opened and read aloud at 2:00 P.M. ET on the same date. Sealed Bids shall be submitted on the form furnished by the City.

SUBMIT ONE ORGINAL BID PACKAGE (INCLUSIVE OF THE ENTIRE INVITATION

TO BID DOCUMENT AND REQUIRED DOCUMENTS) AND ONE (1) ELECONTRONIC

COPY ON A FLASH DRIVE IN A SEALED ENVELOPE TO THE ADDRESS LISTED

ABOVE.

Bids will be considered only from experienced and well-equipped contractors. Prior to beginning construction, the successful Bidder will file with the City a Performance Bond and a Payment

Bond, each equal to 100% of the Contract Price, with the terms and surety to be approved by the

City; and furnish satisfactory proof of coverage of the insurance required.

SUBMITTING BIDS

Bids must be submitted on the proper unaltered forms and addressed to the City of Peachtree

Corners, Department of Public Works, 310 Technology Parkway, Peachtree Corners, Georgia

30092, sealed, dated, and enclosed in an envelope or package appropriately and marked on the outside with the name of the Bidder, the date and hour of opening, and the Invitation to Bid Number and Project Name.

It is the responsibility of each Bidder to ensure that its submission is received by 2:00 p.m. on the bid due date. The time/date stamp clock located at City Hall shall serve as the official authority to determine lateness of any bid. The bid opening time shall be strictly observed. Bidders should plan enough time to ensure that they will be able to deliver their submission prior to the deadline.

Late submissions, regardless of reason, will not be evaluated. Bidders should plan their deliveries accordingly. Telephone, fax, or emailed bids will not be accepted.

BUSINESS LICENSE

Bidders shall submit a copy of their current, valid business license with its Bid or upon award. If the Bidder is a Georgia corporation, Bidder shall submit a valid county or city business license. If

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

UTILITY SYSTEMS CONTRACTOR’S LICENSE AND UTILITY MANAGER’S

CERTIFICATE

As required by O.C.G.A. § 43-14-8, et seq., a Bidder responding to this Invitation to Bid must provide a copy of their or their subcontractor’s Georgia Utility Systems Contractor’s License AND

Utility Manager’s Certificate with their Bid. All licenses and certificates must be issued in the name of the person or entity that will perform the utility work. If a subcontractor’s Georgia Utility

Systems Contractor’s License is submitted with the Bid, the subcontractor must be listed as such on the Bidder’s Unit Price Form. All licenses and certificates must be current, valid, and issued in compliance with applicable law. Failure to provide this license and necessary certificates in this format will result in the proposed Bid being deemed non-responsive.

QUESTIONS, ADDENDA, AND INTERPRETATION

Questions must be submitted to the Department of Public Works in writing via email to jnguyen@peachtreecornersga.gov. Questions and requests for information or clarification concerning the specifications in this ITB must be submitted to the above listed contact person via email no later than the date and time listed in the bid timetable. Questions received after the above stated time or sent to anyone other than the listed contact person will not receive a response or be the subject of addenda. No responses to requests or answers to specification questions shall be acknowledged after November 20th, 2024 at 4:00 P.M. ET.

mailto:amfrazier@dekalbcountyga.gov mailto:amfrazier@dekalbcountyga.gov

ACKNOWLEDGMENT OF ADDENDA

Addenda may be issued in response to changes in the Invitation to Bid. Addenda must be acknowledged by signing and returning the Addendum Acknowledgement with the Bid. Failure to properly acknowledge any addendum may result in the proposed Bid being deemed non-responsive. Bidder may send an email to James Nguyen at jnguyen@peachtreecornsga.gov to verify the number of addenda prior to submission. All addenda issued for this Project may be found on the city’s website, www.peachtreecornersga.gov.

AUTHORITY TO SIGN

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

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

BID BOND TO ACCOMPANY BID

Each Bid must be accompanied by a Bid Bond in an amount of not less than five percent (5%) of the amount of the Bid. A Bid Bond form is provided in the Bid Document Package. The Bid Bond shall be issued by a surety company licensed to write bonds in the State of Georgia, listed in the most current U.S. Treasury Circular No. 570, and have a current A.M. Best rating of "A"

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

VALID INSURANCE, BONDS, LICENSES, PERMITS, AND CERTIFICATES

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

mailto:jnguyen@peachtreecornsga.gov http://www.peachtreecornersga.gov/

RIGHTS RESERVED

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

The City reserves the right to decide which Bid will be deemed lowest, responsive, and responsible.

For consideration as a responsible Bidder, the proposed Bidder shall, among other qualifications, demonstrate in its Bid that it has been the general contractor engaged in construction and successful completion of facilities of similar character and magnitude for at least three (3) years, and shall demonstrate the financial ability to perform the required Work. Bidder may be required to submit evidence setting forth qualifications which entitle them to consideration as a responsible Bidder.

A list of work of similar character successfully completed within the last three (3) years may be required as set forth in the Invitation to Bid giving the location and size of each project. Bidder shall complete the Reference and Release Form attached to the Bidder Document Package. In addition, the Bidder shall submit upon request by the City, a list of equipment available for use on this Work with its Bid. Any additions, conditions, limitations, or provisions attached to the Bid shall render it informal and will be cause for rejection as non-responsive. Except as provided in

O.C.G.A. §§ 13-10-22 and 13-10-23, a Bid may not be revoked or withdrawn until 60 days after the time set for bid opening.

AWARD OF CONTRACT

The Contract, if awarded, will be awarded to that responsible Bidder whose responsive Bid will be most advantageous to the City, price and other factors considered. The City is entitled to make the determination in its sole discretion. The Contract between the City and the Contractor shall be executed in the form attached to the Bid Document Package as Exhibit I and shall form a binding contract between the contracting parties. A Performance Bond and a Payment Bond, each equal to 100% of the Contract Price, must be provided by the successful Bidder, issued in proper form by a surety company licensed to write bonds in the State of Georgia, listed in the most current

U.S. Treasury Circular No. 570, and which has a current A.M. Best rating of "A" (Excellent) with a Financial Size Category of XII or better. Bonds given shall meet the requirements of the law of the State of Georgia including, but not limited to, O.C.G.A. §13-10-2 and §36-91-21 et seq.

FAILURE TO EXECUTE CONTRACT

The City shall have sixty (60) days after the time set for openings of Bids to notify a Bidder of the

City’s acceptance of the Bid and its intent to award the Contract to such Bidder. If the City so notifies a Bidder and the Bidder fails to enter into the Contract in the form attached to the Bid Document

Package as Exhibit I within ten (10) days of receiving such notice, or fails within that time to provide the required Payment and Performance Bonds and proof of required insurance, the amount of the Bid Bond or other Bid Guarantee shall be paid over to the City as liquidated damages. The acceptance of the payment of the Bid Bond shall not operate to bar any claim the City might otherwise have against the Bidder, and the City shall be authorized to pursue any claim against the

Bidder for failure to consummate the Contract as may be authorized by law.

TIME AND LIQUIDATED DAMAGES

Construction must begin within ten (10) days from the date the Contractor acknowledges receipt of the Notice to Proceed, by signing and inserting the acknowledgement date on the Notice to

Proceed. Contractor shall fully complete the Work within one hundred eighty (180) days from and including the acknowledgement date. For failure to complete the Work within this period, the

Contractor shall pay the City liquidated damages in the amount specified in Exhibit II, Minimum

Technical Specifications for each day in excess of the Contract Time unless an extension of the

Contract Time has been obtained by Change Order, as defined in the Contract, prior to the expiration of the Contract Term as defined in the Contract.

LOCATIONS AND SITE

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

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

Specifications and as shown on the Drawings. It is the responsibility of the Bidder to visit the site and acquaint themselves with the actual conditions and the location of any or all obstructions that may exist on the site before submitting a Bid. The documents comprising the Contract contain the provisions required for the completion of the Work to be performed pursuant to this Contract.

Information obtained from an officer, agent, or employee of the City, or any other person shall not affect the risks or obligations assumed by the Contractor or relieve them from fulfilling any of the conditions of the Contract. Each Bidder, prior to submitting their Bid, is responsible for inspecting the site and for reading and being thoroughly familiar with all the documents comprising the

Contract and Bid Document Package. The failure or omission of any Bidder to so familiarize themselves shall in no way relieve any Bidder from any obligation in respect to their Bid. The

Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the

Contract. The Contractor shall comply with all stipulations contained in easements acquired by the

City. If applicable to the Work, all easements and rights-of-way documents are available for inspection in the office of the Department of Public Works. The Contractor shall not be entitled to damages and agrees not to make any claim against the City, their officials or employees for the failure to obtain necessary interests in land for this Project. The Contractor shall accurately locate above-ground and below-ground utilities and structures which may be affected by the Work using whatever means may be appropriate.

FEDERAL WORK AUTHORIZATION PROGRAM PARTICIPATION

All qualifying Contractors and Subcontractors performing work with the City must register and participate in the federal work authorization program to verify the work eligibility information of new employees. For a Bid to be considered, it is mandatory that the Contractor Affidavit of

Compliance with O.C.G.A. §13-10-91 included as page 22 be completed and submitted with the

Bid.

GEORGIA OPEN RECORDS ACT

Without regard to any designation made by the person or entity making a submission, the City considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-

70 et seq., without consulting or contacting the person or entity making the submission. Bidder may wish to consult an attorney or obtain legal advice prior to making a submission.

COOPERATIVE PROCUREMENT

The City may permit piggybacks to this contract from other city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms, and conditions to the governmental entity. Piggybacking shall only be available where competition was used to secure the contract and only for a period of twelve (12) months following entry, renewal, or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law.

TITLE VI POLICY STATEMENT

The City is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. The City assures that no person shall on the grounds of race, color, sex, or national origin, as provided by Title VI of the Civil Rights Act of 1964, the Federal-Aid Highway

Transportation Act of 1973, and the Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. The City further assures that no person shall on the grounds of age, low income, disability, sexual orientation, or gender identity be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity.

The City assures every effort will be made to ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally funded or not. In addition, the City will take reasonable steps to provide meaningful access to services for persons with Limited

English Proficiency (LEP).

RIGHTS RESERVED - AWARDS

The City reserves the right to make one (1) award, multiple awards, or to make no award(s) and re-advertise.

STANDARD CITY CONTRACT

The attached sample contract is the City’s standard contract document, which specifically outlines the contractual responsibilities. All bidders should thoroughly review the document prior to submitting a bid. Any proposed revisions to the terms or language of this document must be submitted in writing with the bidder’s bid. Since proposed revisions may result in a bid being rejected if the revisions are unacceptable to the City, bidders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made to the contract after award by the Mayor and Council.

REQUIRED DOCUMENTS CHECKLIST

Bidder shall complete and submit the following documents with their bid:

ITB

Page

No.

Title

Check This

Box if

Included with Bid

11 Required Documents Checklist

12 Bid Form*

14 Bidder’s Unit Price Form

18 Bid Bond *

20 Contractor Affidavit and Oath of Successful Bidder

22 Contractor’s Affidavit*

23 Subcontractor Affidavit**

24 Contractor Reference and Release Form*

25 Subcontractor Reference and Release Form

- Utilities’ Systems Contractor’s License (If Required by Project)

- Utility Manager’s Certificate (If Required by Project)

- Business License

- Acknowledgements of all addenda issued to this ITB

* If these mandatory forms are not completed and submitted with the bid, the bidder may be deemed non-responsive.

** These forms are applicable if a subcontractor will be utilized to fulfill the requirements of this contract. If these forms are applicable, they must be completed and submitted with the bid. Failure to submit these forms, if applicable, may result in the bidder’s bid being deemed non- responsive.

I, the undersigned, acknowledge that I have included the requested documents as listed above.

Printed Name Signature

BID FORM

TO: CITY OF PEACHTREE CORNERS

310 TECHNOLOGY PARKWAY

PEACHTREE CORNERS, GEORGIA 30092

ATTENTION: JAMES NGUYEN

In compliance with your Invitation To Bid (ITB), the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Peachtree Corners, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for:

The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Peachtree Corners in full conformance with the Contract Documents.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only.

It is the intent of this Bid to include all items of construction and all Work called for in the

Specifications, or otherwise a part of the Contract Documents.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid Schedule for the unit prices stated.

The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

Bidder acknowledges receipt of the following addenda:

Addendum No. Date Received

Bidder further declares that the full name of Bidder’s Principal is as follows:

Signed, sealed, and dated this _____ day of ____________________, 2024.

By: (Seal)

Signature

Name (Printed)

Title

Name of Business

Federal Tax I.D. Number

ATTEST:

BIDDER’S UNIT PRICE FORM

TO: THE GOVERNING AUTHROIRTY OF PEACHTREE CORNERS, GEORGIA

The undersigned, as Bidder, declares that they have carefully examined ITB No. 24-03 Curiosity

Corner, an annexed proposed form of Contract, the Specifications therein contained, and the

Drawings therein referred to, and that they propose and agree that if their Bid is accepted, to provide the necessary machinery, tools, apparatus, and other means of construction, and will furnish all materials and labor specified in the Contract, or called for by the Drawings, or necessary to complete the Work in the manner therein specified within the time specified, as therein set forth for the unit prices on the form following this page. If the Bidder’s Unit Price exceeds one page in length it should be completed in an excel format, typewritten, printed out and attached hereto.

Handwritten Unit Prices exceeding one page in length may not be accepted and may result in the proposed Bid being deemed non-responsive.

BID PRICE SCHEDULE

ITEM

NO.

DESCRIPTION

UNIT QUANTITY UNIT PRICE

TOTAL

AMOUNT

A

Construction and

Management

Lump

Sum

TOTAL BID:

TOTAL BID:

(State in words on the line above) (In figures)

Pricing shall be inclusive of all required duties associated with all services outlined within the price schedule.

BID PRICE SCHEDULE MUST BE SUBMITTED WITH BID OR BIDDER WILL BE

DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD.

These quantities are approximate and may be increased or decreased as to any and all units as necessary to complete the construction of said Project without entitling the Contractor to any claim for extra compensation because of any injury, damage or delay he may sustain on account of such increase or decrease. The Contractor shall be entitled to compensation on the foregoing unit prices only on the quantities of materials actually furnished and work actually done as determined and approved in writing by the City through an inspection of the work completed. In no event shall the

City be liable for payment in excess of the total Bid amount of the Total Bid figure as listed on the foregoing page without proper prior written authorization via Change Order from the City. The

Total Bid includes and encompasses the cost of all labor, materials, equipment, tools, supervision, scheduling, safety program, coordination, engineering, testing, surveys, layout, cleanup, and other things and services required to complete the entire Project in strict conformity with the Drawings, Specifications, the Contract, and all addenda and authorized written clarifications issued prior to the Bid date. Without limitation, the Total Bid also includes all applicable sales and use taxes, fees, temporary lighting, security for the site, heating and cooling, temporary utilities, freight costs, handling costs, permit costs, field and main office costs, bond premiums, insurance premiums, direct and indirect administrative costs, overhead, and profit.

Bidder has examined all documents comprising the Contract and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the Contract.

No Bid may be revoked or withdrawn until sixty (60) days after the time set for opening the Bids.

Attached hereto is Bid Bond made by , a surety company listed in the most recent US Treasury Circular No. 570 and licensed to write surety bonds in the State of Georgia, payable to the City of Peachtree Corners, Georgia (or an official bank check), in the amount of five percent (5%) of the Bid.

If this Bid shall be accepted by the City and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of the insurance required, as stated in the Instructions to Bidders within ten (10) days from the Notice of Award of the Contract, then the City may at its option, determine that the undersigned abandoned the Contract and thereupon this Bid shall be null and void, and the sum stipulated in the attached Bid Bond (or an official bank check) shall be forfeited to the City as liquidated damages.

Bidder declares their intent to subcontract the portion of the Work as below stated. Bidder understands and agrees that the use of any Subcontractor not listed below shall be strictly prohibited without prior written approval from the City. (List names of all subcontractors and the work to be provided by the subcontractor on the lines provided below.)

Bidder further declares that the full names and residence addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

[SIGNATURES FOLLOW]

Bidder declares further that it is / is not a Georgia Firm.

Signed, sealed, and dated this _____ day of ____________________, 2024.

By: (Seal)

Name of Business

Federal Tax I.D. Number

Bidder’s Street Address

Bidder’s City, State and Zip Code

Bidder’s Phone Number

Bidder’s E-Mail Address

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT

______________________ at

(Name of Contractor)

(Address of Contractor) a ___________________________________

(Corporation, Partnership and or Individual) hereinafter called Principal, and

(Name of Surety) (Address of Surety )

A corporation of the State of _________________, and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

City of Peachtree Corners, Georgia (Name of Obligee)

310 Technology Parkway, Peachtree Corners, GA 30092

(Address of Obligee) herein after referred to as Obligee, in the penal sum of

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

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

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified

Bidder’s check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the bid is accepted, the

Principal shall within ten days after receipt of notification of the acceptance execute a Contract in accordance with the Bid and upon the terms, conditions, and prices set forth in the form and manner required by the City of Peachtree Corners, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to the City of Peachtree Corners, Georgia, each in an amount of 100% of the total Contract Price, in form and with security satisfactory to said the City of Peachtree Corners, Georgia, and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of

Peachtree Corners, Georgia, upon demand, the amount hereof in good and lawful money of the

United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant, to and in accordance with the applicable provisions of the Official Code of Georgia

Annotated, as Amended, including, but not limited to, O.C.G.A. SS 13-10-1, et. Seg. and SS 36-

86-101, et. Seg. and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed, and dated this __________ day of ________________________________A.D., 20____

ATTEST:

(Principal Secretary) (Principal)

(SEAL) BY: ____________________________

(Witness to Principal) (Address)

(Address)

(Surety)

ATTEST

BY: _____________________________

(Attorney-in-Fact) and Resident Agent

(Attorney-in-Fact)

(SEAL)

(Witness as to Surety)

CONTRACTOR AFFIDAVIT AND

OATH OF SUCCESSFUL BIDDER

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

I, , (insert name), am a competent adult, and I have personal knowledge of the facts set forth in this Affidavit and Oath which I make for any lawful use or purpose.

I, (insert name) swear or affirm that I have not prevented or attempted to prevent competition in bidding or submitting a bid for this Project by any means whatsoever. I swear or affirm that I have not prevented or endeavored to prevent anyone from making a Bid for this Project by any means whatsoever, I swear I have not caused or induced any other person to withdraw a Bid for this Project. I swear or affirm that

I have not violated O.C.G.A. §36-91-21(d) in any way, directly or indirectly.

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

, 2024 in (city), (state).

By:

Print Name of Affiant

Print Title of Affiant

Subscribed and Sworn before me on this the day of , 20 .

NOTARY PUBLIC

My Commission Expires:

CONTRACTOR & SUBCONTRACTOR EVIDENCE OF COMPLIANCE:

(1) City contracts for the physical performance of services within the state of Georgia shall include the following provisions:

a. the contractor has registered with and is authorized to use the federal work authorization program to verify information on all newly hired employees or subcontractors;

b. by affidavit, the contractor must attest to the contractor’s name, address, user identification number, date of authorization, and verification of the continual participation throughout the contract period, and

c. the affidavit shall become a part of the covered contract and must be attached.

(2) No contractor or subcontractor who enters into a contract with the City shall enter into such a contract or subcontract in connection with the physical performance of services within

Georgia unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all newly hired employees. Any employee, contractor, or subcontractor of such contactor or subcontractor shall also be required to satisfy the requirements of O.C.G.A. § 13-10-91, as amended.

(3) Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of any contract or subcontract entered into pursuant to O.C.G.A. § 13-10-91, as amended, agree to provide the City with notice of the identity of any and all subsequent subcontractors hired or contracted by the contractor or subcontractor. Such notice shall be provided within five (5) business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit from each subsequent contractor attesting to the subcontractor’s name, address, user identification number, and date of authorization to use the federal work authorization program.

(4) An affidavit shall be considered an open public record; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 28 of

Title 50 shall be redacted. Affidavits shall be maintained by the City for five years from the date of receipt.

(5) To verify compliance, the contractor agrees to participate in random audits conducted by the Commissioner of the Georgia Department of Labor. The results of the audits shall be published on the www.open.georgia.gov website, and on the Department of Labor’s website no later than December 31 of each year.

(6) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement in an affidavit submitted pursuant to O.C.G.A. § 13-10-91 shall be guilty of a violation of

Code § 16-10-20 and, upon conviction, shall be punished as provided in such section.

Contractors and subcontractors convicted for false statements based on a violation of such section shall be prohibited from bidding on or entering into any public contract for twelve

(12) months following such conviction.

1 O.C.G.A. § 13-10-91, as amended http://www.open.georgia.gov/

CONTRACTOR AFFIDAVIT (UNDER O.C.G.A. §13-10-91)

By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13-10-91, as amended, stating affirmatively that the individual, firm or corporation which is contracting with the City of Peachtree Corners, a political subdivision of the State of Georgia, has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of

Homeland Security to verify information of newly hired employees, pursuant to the Immigration

Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, as amended]. The affiant agrees to continue to use the federal work authorization program throughout the contract period.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A.

§ 13-10-91, as amended, on the Subcontractor Affidavit form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City, within five (5) days from when the subcontractor(s) is retained to perform such service.

BY: Authorized Officer or Agent Federal Work Authorization

(Bidder’s Name) Enrollment Date

Title of Authorized Officer or Agent of Bidder Identification Number

Printed Name of Authorized Officer or Agent

Address (* do not include a post office box) SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

DAY OF , 2024

Notary Public

SUBCONTRACTOR AFFIDAVIT (UNDER O.C.G.A. §13-10-91)

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 (insert name of

Contractor) on behalf of the City of Peachtree Corners, Georgia 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. 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:

BY: Authorized Officer or Agent Federal Work Authorization

(Bidder’s Name) Enrollment Date

Title of Authorized Officer or Agent of Bidder Identification Number

Printed Name of Authorized Officer or Agent

Address (* do not include a post office box) SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

DAY OF , 2024

Notary Public

REFERENCE CHECK RELEASE STATEMENT

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

Signature Title

(Authorized Signature of Bidder)

Company Name Date

CONTRACTOR REFERENCE AND RELEASE FORM

List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type(s) of product(s)/ service(s) listed in the solicitation.

Company Name Contract Period

Contact Person Name and Title Telephone Number (include area code)

Complete Primary Address City State Zip Code

Email Address

Project Name and Description

Complete Primary Address City State Zip Code

Complete Primary Address City State Zip Code

REFERENCE CHECK RELEASE STATEMENT

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

Signature Title

(Authorized Signature of Bidder)

Company Name Date

SUBCONTRACTOR REFERENCE AND RELEASE FORM

List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type(s) of product(s)/ service(s) listed in the solicitation.

Complete Primary Address City State Zip Code

Complete Primary Address City State Zip Code

Complete Primary Address City State Zip Code