CITY OF FAIRBURN

PROCUREMENT DEPARTMENT

INVITATION TO BID (ITB)

BUILDING DEMOLITION AND SITE CLEARANCE

SOLICITATION INFORMATION

ITB No. 26-021 Project Name Building Demolition and Site Clearance

Project Location 426 NW Broad Street Fairburn GA,30213

Issue Date Monday September 14, 2026 Pre-Bid Meeting/Site Visit Thursday, September 17,2026 at 10:00 am Questions Due Wednesday, September 23, 2026, at 5:00 pm Bid Due Date/Time Wednesday, October 14, 2026, at 5:00 pm

TABLE OF CONTENTS

1. Invitation to Bid

2. Bid Schedule and Key Dates

3. Instructions to Bidders

4. Scope of Work

5. Technical and Regulatory Requirements

6. Site Safety and Environmental Protection

7. Contractor Qualifications

8. Bid Submission Requirements

9. Bid Form and Pricing Schedule

10. References

11. Subcontractor Information

12. Required Certifications and Affidavits

13. Insurance Requirements

14. Contract Terms and Conditions

15. Award, Notice to Proceed, and Contract Time

16. Final Completion and Acceptance

17. Exhibits and Attachments

1. INVITATION TO BID

The City of Fairburn (“City”) invites sealed bids from qualified and responsible demolition contractors to provide all labor, supervision, equipment, tools, transportation, permits, disposal services, and incidental work necessary to safely and completely demolish and remove the existing building and associated structures at the project location identified in this ITB.

The work includes, at a minimum, asbestos inspection and, when required, licensed/qualified asbestos abatement; removal of furniture, equipment, personal goods, and miscellaneous contents; total building demolition; demolition and removal of the concrete back porch; demolition and removal of the back deck; loading, hauling, lawful disposal and/or recycling of all debris; and final site cleanup.

Bids shall be submitted in accordance with the requirements of this ITB. The City reserves the right to reject any or all bids, waive minor informalities, cancel the solicitation, and make an award in accordance with applicable law and City procurement requirements.

2. BID SCHEDULE AND KEY DATES

SOLICITATION INFORMATION

ITB No. 26-021 Project Name Building Demolition and Site Clearance Project Location 426 NW Broad Street Fairburn GA,30213 Issue Date Monday, September 14, 2026 Pre-Bid Meeting/Site Visit Thursday, September 17,2026 at 10:00 am Questions Due Wednesday, September 23, 2026, at 5:00 pm Bid Due Date/Time Wednesday, October 14, 2026, at 5:00 pm

3. INSTRUCTIONS TO BIDDERS

3.1 Bid Preparation

• Review the complete ITB and all issued addenda before submitting a bid.

• Visit the project site when a site visit is offered and examine conditions that may affect the work.

• Include all labor, supervision, equipment, mobilization, demobilization, permits, fees, hauling, disposal, insurance, overhead, profit, and incidental costs required for complete performance.

• Submit a complete, signed bid using the forms included in this package.

• Do not alter the City's Bid Form except where blanks are provided.

3.2 Questions and Clarifications

All questions must be submitted in writing to the Procurement Department by the deadline stated in the solicitation. Responses that modify or clarify the ITB will be issued by written addendum. Oral statements are not binding.

3.3 Site Visit

Bidders are encouraged to inspect the property and existing conditions. If a mandatory site visit is identified on the cover page, attendance is required for bid responsiveness. Failure to inspect the site does not relieve the successful Bidder of responsibility for conditions reasonably observable before bidding.

3.4 Bid Submission

Bids shall be submitted through the City's designated solicitation platform or by the method specified in the solicitation notice. Late bids will not be accepted unless otherwise permitted by applicable law and City policy.

3.5 Bid Validity

Bids shall remain valid for not less than ninety (90) calendar days following the bid due date, unless a different period is stated in the solicitation.

3.6 Addenda

Each Bidder shall acknowledge all issued addenda. Failure to acknowledge a material addendum may result in rejection of the bid as non-responsive.

4. SCOPE OF WORK

4.1 General

The Contractor shall furnish everything necessary to safely and completely perform the project. The work shall be executed in a professional and workmanlike manner and in accordance with the Contract Documents, applicable codes, laws, permits, and regulatory requirements.

4.2 Pre-Demolition Activities

• Conduct a pre-demolition inspection and document existing conditions.

• Coordinate required utility disconnections and obtain required approvals.

• Secure the work area with fencing, barricades, warning signs, and controlled access as appropriate.

• Protect adjacent property, public rights-of-way, utilities, trees, drainage facilities, and improvements designated to remain.

• Obtain required demolition, disposal, asbestos, traffic, and other permits/notifications.

4.3 Asbestos Inspection and Abatement

The Contractor shall comply with all applicable federal, state, and local asbestos requirements. Before disturbing suspect materials, required asbestos surveys/inspections shall be performed by appropriately qualified personnel. Where asbestos-containing material is identified and requires abatement, the Contractor shall use properly licensed/qualified asbestos professionals and shall perform notification, containment, removal, packaging, transport, disposal, clearance, recordkeeping, and related activities as required by law.

• Provide the City copies of applicable asbestos survey/inspection reports and required regulatory documentation.

• Do not disturb regulated materials until required controls and approvals are in place.

• Maintain appropriate worker protection, containment, decontamination, air monitoring, and clearance procedures when required.

• Transport and dispose of asbestos containing waste at authorized facilities and maintain manifests or other required records.

• Immediately notify the City of suspected regulated materials not identified in available documents.

4.4 Removal of Furniture, Equipment, and Personal Goods

Before or during demolition, the Contractor shall remove and lawfully dispose of all furniture, appliances, equipment, household contents, trash, personal goods, fixtures, and miscellaneous materials remaining in or around the building, except items specifically identified by the City in writing to remain.

4.5 Total Building Demolition

The Contractor shall completely demolish the existing building, including interior and exterior components, structural framing, roof, walls, floors, ceilings, doors, windows, fixtures, mechanical/plumbing/electrical components, stairs, attached structures, and foundations/slabs where required by the Contract Documents.

Demolition shall be controlled to prevent damage to surrounding property and public areas.

4.6 Concrete Back Porch Demolition

Completely demolish and remove the concrete back porch, including associated steps, supports, footings, railings, reinforcing steel, attachments, and debris. Remove exposed hazards and leave the area safe.

4.7 Back Deck Demolition

Completely demolish and remove the back deck, including decking, framing, posts, supports, stairs, railings, footings, fasteners, and associated debris. Remove protruding nails, fasteners, and other hazards.

4.8 Debris Removal and Disposal

Remove, load, haul, transport, recycle where practical, and lawfully dispose of all demolition debris and site contents. The Contractor shall pay all applicable hauling, landfill, recycling, disposal, and related fees unless expressly stated otherwise.

4.9 Final Site Cleanup

Upon completion, remove all debris, equipment, temporary facilities, fencing/barricades when authorized, and hazardous remnants. Clean affected paved areas and address disturbed areas as directed by the City. No furniture, personal goods, construction debris, concrete, wood, metal, glass, or other refuse shall remain unless expressly approved in writing.

5. TECHNICAL AND REGULATORY REQUIREMENTS

• Comply with applicable OSHA requirements and all other occupational safety requirements.

• Comply with applicable federal, State of Georgia, and local environmental, demolition, waste, asbestos, and transportation requirements.

• Obtain and maintain all licenses, permits, registrations, certifications, and approvals required for the work.

• Use properly qualified personnel for specialized or regulated activities.

• Provide disposal documentation, waste manifests, receipts, or other records upon request.

• Coordinate inspections and regulatory notifications as required.

• Do not perform additional work outside the authorized scope without written approval from the City, except emergency measures necessary to protect life, property, or the environment.

6. SITE SAFETY AND ENVIRONMENTAL PROTECTION

6.1 Safety

• Maintain a safe and secure work area at all times.

• Prevent unauthorized public access to demolition operations.

• Control dust, noise, vibration, falling debris, and other hazards.

• Provide appropriate personal protective equipment and safety procedures.

• Immediately correct unsafe conditions.

6.2 Environmental Protection

• Prevent debris, sediment, and contaminants from entering storm drains or waterways.

• Control dust and airborne debris.

• Properly manage regulated or hazardous materials.

• Report spills or releases immediately and take appropriate corrective action.

6.3 Property Protection

The Contractor shall protect adjacent structures, streets, sidewalks, utilities, landscaping, drainage facilities, and other improvements designated to remain. Damage caused by the Contractor's negligence or improper operations shall be repaired at the Contractor's expense.

7. CONTRACTOR QUALIFICATIONS

Bidders shall demonstrate that they possess the experience, licensing, personnel, equipment, financial capacity, and resources necessary to complete the work.

• Minimum three (3) years of demonstrated demolition experience, unless otherwise approved by the City.

• Successful completion of at least three (3) comparable demolition projects within the past five (5) years.

• Current licenses and registrations required for the work.

• Qualified personnel and appropriate demolition equipment.

• Ability to perform or subcontract regulated asbestos work in accordance with applicable requirements.

• Ability to provide required insurance and bonding.

7.1 Comparable Project Experience

Project Owner/Client Location Contract Amount

Completion Date Contact

[Project 1] [Owner] [Location] $________ ________ ________ [Project 2] [Owner] [Location] $________ ________ ________ [Project 3] [Owner] [Location] $________ ________ ________

8. BID SUBMISSION REQUIREMENTS

• Signed Bid Form and Pricing Schedule.

• Bid Bond, if required by the solicitation.

• Contractor's current license/registration information.

• Contractor Qualifications and Experience Form.

• Three project references.

• Subcontractor List.

• Proposed Project Schedule.

• Addenda Acknowledgment.

• Required affidavits and certifications.

• Insurance information/certificate, as required before award or commencement.

• Any asbestos-related license/certification information required by law.

• Any other documents identified in the solicitation notice.

9. BID FORM AND PRICING SCHEDULE

The Bidder agrees to furnish all labor, supervision, equipment, materials, permits, transportation, disposal, insurance, and incidental services necessary to complete the project in accordance with the ITB.

Bid Item Description Lump Sum

1 Pre-Demolition Activities / Mobilization $____________

2 Asbestos Survey/Inspection and Abatement Allowance* $____________

3 Removal of Furniture, Equipment & Personal Goods $____________

4 Total Building Demolition $____________

5 Concrete Back Porch Demolition $____________

6 Back Deck Demolition $____________

7 Debris Hauling, Transportation & Disposal $____________

8 Final Site Cleanup $____________

TOTAL BASE BID $____________

*The City may revise the asbestos pricing structure after review of available survey information. If an allowance is used, payment shall be based on authorized actual work in accordance with the final Contract.

9.1 Optional Unit Prices

Item Unit Unit Price Additional mixed demolition debris Ton $________

Concrete disposal/removal Ton $________ Additional hauling Load $________ Additional cleanup labor Hour $________ Other: __________________ ______ $________

10. REFERENCES

Provide three (3) references for comparable demolition projects completed within the past five (5) years.

Reference Organization Contact / Phone / Email Project / Location Contract

Amount 1 ________________ ________________ ________________ $________ 2 ________________ ________________ ________________ $________ 3 ________________ ________________ ________________ $________

11. SUBCONTRACTOR INFORMATION

Subcontractor Work to be Performed License/Certification Estimated Amount

The Contractor shall remain fully responsible for all subcontracted work. Specialized asbestos activities shall be performed only by entities and personnel qualified and licensed/certified as required by applicable law.

12. REQUIRED CERTIFICATIONS AND AFFIDAVITS

12.1 Non-Collusion Certification

The undersigned certifies that the bid is submitted in good faith, without collusion or coordination with any other Bidder, and that the Bidder has not engaged in conduct intended to restrict competition.

12.2 Contractor Certification

The undersigned certifies that the Bidder has examined the ITB, understands the requirements, has considered site conditions reasonably available before bidding, and agrees to perform the work in accordance with the Contract Documents.

12.3 Addenda Acknowledgment

Addendum No. Date Received/Acknowledged Initials

12.4 Required Government/City Affidavits

The successful Bidder shall execute and submit all affidavits and certifications required by the City and applicable Georgia law, including, as applicable, E-Verify/immigration compliance documentation, drug-free workplace certification, contractor licensing documentation, and other required forms.

13. PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

Before commencement of work, the successful Contractor shall provide insurance meeting the City's standard contract requirements. The City may require additional coverage due to the nature of demolition and asbestos-related work.

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

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

2. Commercial General Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)

Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

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

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

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Professional Liability Insurance - $1,000,000 (project specific for the City of Fairburn project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

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

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

5. The city of Fairburn should be shown as an additional insurer on General Liability and Auto Liability policies.

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

7. Certificate Holder should read:

City of Fairburn 56 Malone Street SW Fairburn, Georgia 30213

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

9. Insurance Company should be licensed to do business by the Georgia Department of Insurance

*See above note regarding Professional Liability

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

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

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

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

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

15. The Contractor shall agree to waive all rights of subrogation against the City of Fairburn, the Mayor, City Council members, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

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

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

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

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

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

Certificates of insurance and endorsements shall be submitted as required by the City. Insurance shall remain in force for the duration required by the Contract.

14. CONTRACT TERMS AND CONDITIONS

14.1 Responsibility for Means and Methods

The Contractor is responsible for the means, methods, techniques, sequences, and procedures used to perform the work, subject to the Contract Documents and applicable law.

14.2 Permits and Fees

Unless otherwise stated, the Contractor shall obtain and pay for permits, licenses, inspections, disposal charges, notifications, and other governmental fees necessary to complete the work.

14.3 Changes in Work

Changes to the scope, quantities, or Contract Price shall be authorized in writing by the City. The Contractor shall not proceed with extra work without written authorization except as otherwise expressly provided in the Contract.

14.4 Discovery of Hazardous or Regulated Materials

If suspected hazardous, regulated, or previously unidentified materials are encountered, the Contractor shall stop affected work, secure the area, and promptly notify the City. The Contractor shall not disturb such materials except as authorized and permitted.

14.5 Compliance

The Contractor shall comply with all applicable federal, State of Georgia, and local laws, ordinances, codes, regulations, permit conditions, and City requirements.

14.6 Indemnification

To the extent permitted by law and the final Contract, the Contractor shall be responsible for claims, losses, damages, injuries, and expenses arising from the Contractor's performance, including acts or omissions of its employees, agents, and subcontractors.

14.7 Termination

The City may terminate the Contract for cause, convenience, or other grounds permitted by the final Contract and applicable law. Specific termination procedures and payment provisions shall be stated in the executed Contract.

14.8 Public Records and Confidentiality

The Contractor shall comply with applicable public records requirements. Information claimed as confidential shall be identified and handled in accordance with applicable law; the City does not guarantee confidentiality where disclosure is legally required.

15. AWARD, NOTICE TO PROCEED, AND CONTRACT TIME

15.1 Award

The City intends to award to the responsible and responsive Bidder whose bid is determined to be in the best interest of the City and complies with the solicitation requirements. The City may reject any or all bids, waive minor informalities, or cancel the solicitation as permitted by law and City policy.

15.2 Notice to Proceed

The Contractor shall not begin work until the City issues a written Notice to Proceed and all required pre-construction conditions have been satisfied.

15.3 Contract Time

The Contractor shall substantially complete and finally complete the work within [INSERT NUMBER] calendar days after the Notice to Proceed, subject to approved extensions under the Contract.

15.4 Schedule

Activity Estimated Duration Planned Start Planned Finish

Mobilization / Pre- Demolition ____ days

Asbestos Activities ____ days

Building/Porch/Deck Demolition ____ days

Debris Removal ____ days

Final Cleanup / Inspection ____ days

16. FINAL COMPLETION AND ACCEPTANCE

The project shall be considered complete only after the City determines that all requirements have been satisfactorily performed.

• Building and associated structures completely demolished.

• Concrete back porch completely demolished and removed.

• Back deck completely demolished and removed.

• All designated furniture, equipment, personal goods, and contents removed.

• All demolition debris transported and lawfully disposed of.

• Required asbestos and regulated-material documentation submitted.

• Site free of unsafe debris, exposed hazards, and unauthorized materials.

• Contractor equipment and temporary facilities removed.

• Disturbed areas addressed as required.

• Final inspection completed and deficiencies corrected

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

17. EXHIBITS AND ATTACHMENTS

Exhibit A – Contractor Affidavit

Exhibit B – Drug Free Workplace

Exhibit C – Non-Collusion Affidavit

Exhibit D – Debarment Certification Form

Exhibit E – Performance and Payment Bond Forms (if required)

Exhibit F – E-Verify / Georgia Immigration Compliance Affidavit

Exhibit G – Contractor's License and Qualification Documentation

Exhibit A- Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program.

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof.

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof.

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract.

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c).

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor

Name of Public Employer

Street Address

City/State/Zip Code

Executed on , , 20 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF , 20 . NOTARY PUBLIC My Commission Expires:

Exhibit B - 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:

(3) 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

MUST BE RETURNED WITH YOUR PROPOSAL

Exhibit C - NON-COLLUSION AFFIDAVIT

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 bid.

OATH AND AFFIRMATION

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

INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC CONTRACT ARE TRUE AND

CORRECT.

Dated this day of , (Name of Organization)

(Title of Person Signing)

(Signature)

STATE OF ( ) (Bid Number)

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

My Commission Expires:

MUST BE RETURNED WITH YOUR PROPOSAL

Exhibit D - DEBARMENT CERTIFICATION FORM

The Contractor certifies that neither the Contractor firm nor any owner, partner, director, officer, or principal of the Contractor, nor any person in a position with management responsibility or responsibility for the administration of federal funds:

(b) Is presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.

(c) Has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes;

or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(d) Is 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 (b) above; or

(e) Has within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.

(f) The contractor is “Actively” registered with SAMS (Service for Award Management) and has been assigned the following DUNS Number: .

The Contractor further certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency.

Dated this day of , 20

By

Authorized Signature for Contractor

Print Name

Title

Must be returned with your Proposal.

General Terms and Definitions:

Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings:

1.1 CITY-means Fairburn, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia.

1.2 Supplemental Agreement-means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

1.3 Contract-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS.

1.4 Agreement Execution-means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work.

1.5 Agreement Price means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement.

1.6 Contract Time-means the period of time stated in this Agreement for the completion of the Work.

1.7 CONSULTANT-means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement.

1.8 DEPARTMENT-means the Director or designee of requesting department(s) named in this solicitation.

1.9 Drawings-means collectively, all the drawings, receipt of which is acknowledged by CITY, listed in this Agreement, and also such supplementary drawings as the CONSULTANT may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

1.10 Specifications-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents.

1.11 Subconsultant-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subconsultants at any tier to provide a part of the Work called for by this Agreement.

1.12 Work-means any and all obligations, duties, and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement.

1.13 Liaison-Representative of the CITY who shall function as Liaison between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review of CONSULTANT's plans and work.

2. CONTRACT DOCUMENTS

2.1 List of Documents

The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents.

2.2 Conflict and Precedence

2.0.1 The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order:

1. Agreement

2. General Conditions

3. Detailed Scope of Work

3. CHANGES AND EXTRA WORK

The CITY may, at any time, request changes in the work to be performed here under. All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement.

4. PERSONNEL AND EQUIPMENT

The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. Primary liaison with the CITY will be through its designee. All the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

The CONSULTANT shall employ only people duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible for charge of any survey work.

The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement.

5. 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.

2. FINDINGS CONFIDENTIAL

The CONSULTANT agrees that its conclusions and any reports are for confidential information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data, and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered to the DEPARTMENT.

Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY.

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

3. TERMINATION OF AGREEMENT FOR CAUSE

If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the CITY.

4. TERMINATION FOR CONVENIENCE OF THE CITY

The CITY may terminate this Agreement for its convenience at any time upon 30 day’s notice in writing to the CONSULTANT. If the Agreement is terminated by the CITY as provided in this Article 8, the CONSULTANT will be paid compensation for those services performed. Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the CONSULTANT which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

All such expenses shall be properly documented and submitted to the Director or his designee for processing and payment. The Gwinnett CITY Board of Commissioners shall be the final authority in the event of any disputes over authorized costs between the Director and the CONSULTANT.

5. CONSULTANTS TO COOPERATE WITH OTHER CONSULTANTS

If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other consultants and the CITY employees or appointed committee(s) and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees.

6. INDEMNIFICATION

CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the CONSULTANT.

CONSULTANT's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

CONSULTANT further agrees to protect, defend, indemnify, and hold harmless the CITY, its commissioners, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the CONSULTANT.

7. COVENANT AGAINST CONTINGENT FEES

The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage, or contingent fee.

8. INSURANCE

The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy (s) that will ensure and indemnify both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT during the term of this Agreement. The liability under such insurance policy shall be not less than in the attached.

The CONSULTANT shall provide, at all times that this Agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia.

The CONSULTANT shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that shown in the attached.

Additionally, CONSULTANT shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that shown in the attached.

The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty (30) days' written notice to the CITY. Such policies shall name the CITY as additional insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.

9. PROHIBITED INTERESTS

9.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having any such interest shall be employed.

9.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

10. SUBCONTRACTING

The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the Department’s prior written approval of the subconsultant. The Department will not approve any subconsultant for work covered by this Agreement that has not been recommended for approval by the Department Director.

All subcontracts in the amount of $10,000 or more shall include the provisions set forth in this Agreement.

11. ASSIGNABILITY

The CONSULTANT shall not assign or transfer, whether by assignment or novation, any of its rights, obligations, benefits, liabilities, or other interests under this Agreement without the written consent of the CITY.

12. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin;

(3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subconsultant, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.

13. ANTI-KICKBACK CLAUSE

Salaries of architects, drafters, technical engineers and engineers, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws and shall insert appropriate provisions in all subcontracts covering work under this Agreement.

14. AUDITS AND INSPECTORS

At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY to audit, examine, and make copies, excerpts, or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subconsultant, assignee, or transferee.

15. 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 to credit of authorship. The CITY shall hold harmless and indemnify the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT'S knowledge and consent.

16. VERBAL AGREEMENT OR CONVERSATION

No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement.

All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.

17. INDEPENDENT CONSULTANT

The CONSULTANT shall perform the services under this Agreement as an independent consultant, and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY.

18. NOTICES

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

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