RFB_PS_24_11 _ Millennium Park _ FINAL _ 06_1.pdf

June 18, 2024, Rev.

APPENDIX A

Schedule of Events

Schedule of Events

Release of RFB and posted to Internet

Bidders’ Conference

06/19/2024

06/27/2024 @ 11:00 a.m.

Location:

Union City City Hall 5047 Union Street Union City, GA 30291

Conference Addendum (Transcript/Q&A et al.)

*Posted to Bidnet https://www.bidnetdirect.com/georgia/unioncity

Deadline for Written Questions

*Submit via Bidnet only:

Questions and Answers or Addendum issued posted by

Bids due to City of Union City

Bidder Awarded on or about

07/03/2024 by 12:00 p.m.

07/09/2024

07/15/2024 by 12:00 p.m.

08/20/2024

APPENDIX B

Contract

Agreement

This Contract Agreement made and entered into this ___day of _ __, 2024 (the

“Agreement”), by and between the City of Union City, Georgia (the “City”), having its principal place of business at 5047 Union Street, Union City, Georgia, and _____________ (the “Contractor”).

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

WHEREAS, the Contractor submitted a bid in response to the RFB (the “Bid”); and

WHEREAS, the Contractor’s bid is deemed by the City to be the most advantageous to the

City;

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

1.0 SCOPE OF WORK

In accordance with RFB-PS-24-11 Union City, Millennium Park (the “Project”), the Contractor shall furnish all materials, equipment and labor to provide the services described in the RFB to the specifications as directed in the RFB and pursuant to the terms of this Agreement, including all incidentals, as directed by the City’s Public Services Director and the City Manager or his/her representative.

The services shall be performed in a prompt and professional manner in accordance with the standards of the profession.

The scope of services for this Agreement consists of the construction of a trail system with boardwalks, pavilion, event area, restrooms with associated parking and drive as shown in design drawings titled:

Civil Construction Plans for

Millennium Park

2.0 PAYMENT

The City shall pay and the Contractor shall receive the prices stipulated in the Bid hereto attached as full compensation for everything furnished and done by the Contractor under this Agreement, which shall in no event exceed ($XXXXX) based on the Bid which sum shall be paid in the manner and terms specified in the Agreement. Before issuance of certificate of payment, if the Contractor has not submitted evidence satisfactory to the City that all payrolls, materials bills, and other indebtedness connected with the Project have been paid, the City may withhold, in addition to the retained percentages, such amount or amounts as may be necessary to pay just claims for labor and services rendered and materials in and about the work on the Project (the “Work”), and such amount or amounts withheld or retained may be applied by the City to the payment of such just claims.

Retainage. The City shall withhold from each progress payment an amount equal to five percent (5%) of such payment, which shall be held by the City as retainage (the “Retainage”). The Contractor shall not be entitled to any interest payment by the City on the Retainage. The Retainage shall be paid to the

Contractor upon satisfactory completion of the Project including all punch list items.

Payment will be made by the City within thirty (30) days of receipt of an accurate invoice by the

Finance Department. To ensure prompt and accurate payment all invoices must accompany a purchase order number provided by the City.

2.1 Term

This Agreement shall be effective upon its execution (the “Effective Date”) and shall terminate at the time of completion of the Project as described in the Bid, but, in any event no later than twenty (20) calendar months from the “Effective Date.” There are twenty (20) calendar months scheduled for

Project duration.

The Contractor shall substantially complete all Work within twenty (20) calendar days of the City’s

Notice to Proceed. Should the Contractor fail to substantially complete the Work per the specified schedule, the Contractor shall pay the City liquidated damages of $500.00 per calendar day for each consecutive calendar day until the Project is complete; which sum is agreed upon as a reasonable and proper measure of damages which the City will sustain per diem by failure of the Contractor to complete the Work within the time as stipulated; it being recognized by the City and the Contractor that the injury to the City which could result from a failure of the Contractor to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the

Contractor. The Contractor shall not be entitled to any additional compensation should the Contractor finish early.

2.2 Change Orders

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

2.3 Final Acceptance

Upon completion of all Work items in the Project, the Contractor shall cause a formal inspection of the

Project to be made and provide a written report to the City notifying the City that the Project is ready for inspection. Notification to the City shall include a copy of the Contractor’s report. The City’s engineer shall then review the Project. Should the entire Work appear to be complete and in conformance with the standards, the City’s engineer will issue a certificate that the Work has been completed and is ready for acceptance by the City. The City’s engineer’s certificate of completion will be presented for consideration of the City Council at the first regular council meeting after actual certification of Project completion. If the Work does not entirely meet requirements of the standards at the time of inspection, the City’s engineer will advise the City of items which require completion or correction. After completing or correcting deficiencies noted by the City’s engineer together with any additional deficiencies which appear, the City shall repeat the inspection and completion process until the entire Project at the time of inspection shall appear to be in conformance with the standards. In the event that any Work is damaged or discovered to be deficient after an initial inspection but prior to final acceptance, such Work shall have been completed or corrected at the time of final acceptance, but this requirement shall not extend to repair of Work damaged by the City.

3.0 INDEPENDENT CONTRACTOR

3.1 The Contractor shall be an independent contractor. The Contractor is not an employee, agent or representative of the City. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses or approvals that may be necessary for the performance of the services. The

Contractor shall furnish copies of all such permits, licenses or approvals to the City Representative at the time of executing the Agreement.

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

4.0 INDEMNIFICATION

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

5.0 INSURANCE

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

Agreement.

The Contractor and its sub-contractors shall secure and maintain the following insurance as itemized below:

5.1.1 Workers’ Compensation Insurance

Workers’ Compensation insurance shall meet the statutory obligations with Coverage B – Employer’s

Liability limits of at least $100,000 each accident, $500,000 disease-policy limit and $100,000 disease each employee.

5.1.2 Commercial General Liability Insurance

Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence, $50,000 fire damage and

$1,000 medical expense any one person. The policy shall be on an “occurrence” basis, shall include contractual liability coverage and the City shall be named an additional insured. The insurance shall include up to $10,000 expenses to extract pollutants from land or water at the “premises” if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results from a covered cause of loss.

5.1.3 Commercial Automobile Liability Insurance

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

5.1.4 Professional Liability Insurance (Errors & Omissions) Insurance

The Contractor shall maintain Professional Liability (Errors & Omissions) Insurance with coverage and limits no less than $1,000,000 each occurrence and $1,000,000 annual aggregate, in the event a contractor is performing design, engineering or other professional services.

5.1.5 Builders “All Risk” Insurance

In the event the Contractor is performing construction services under the Agreement, then the

Contractor shall procure and maintain “All Risk” Builder’s Insurance, written on a commercially recognized policy form, providing coverage for the work performed under the Agreement, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limits shall be in a minimum amount equal to the “full insurable value” of such equipment and 100% of the value of the contract, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement (including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-up, with extended coverage for transit, with sub-limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work.

5.1.6 Commercial Umbrella or Excess Liability Coverage

The Contractor shall maintain Commercial Umbrella or Excess Liability Coverage with coverage and limits no less than $2,000,000 in liability excess coverage per occurrence above the Agreement’s stated minimum coverage limits for Commercial General Liability, Commercial Automobile Liability and Workers’ Compensation policies of insurance. This may be satisfied by having the underlying liability limits that equal or exceed the combined amount of the underlying limits and umbrella coverage.

The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work.

The Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this

Agreement, to comply with these provisions.

5.2 Construction Warranties

The Contractor shall guarantee that the Work shall be free from any defects in workmanship and materials for a period of not less than one (1) year from the date of completion thereof. The Contractor shall be responsible for the replacement or repair, without additional charge, of all Work done or furnished in accordance with this Agreement which shall become defective within one (1) year after completion of the Work. The correction of such Work shall include, without additional charge, all additional expenses and damages in connection with such removal or replacement of all or any part of the Work, and/or the building and/or common areas of work which may be damaged or disturbed thereby. All such warranties or guarantees as to materials or workmanship of or with respect to the

Work shall be contained in the contract with the Contractor which shall be so written that such guarantees or warranties shall inure to the benefit of both the City and Contractor, as their respective interests may appear, and can be directly enforced by either.

5.3 Performance, Payment, and Bid Bond

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

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

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

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

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

5.4 Accounting Standards

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

5.5 Retention of Records

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

6.0 TERMINATION

6.1 Any other provisions of this Agreement notwithstanding, each party has the right to terminate this Agreement if the other party breaches or is in default of any obligation hereunder which default or breach is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of written notice of such default (or such additional cure period as the non-defaulting party may authorize).

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

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

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

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

a) Maintain the required insurance; or

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

7.0 INCLUSION OF DOCUMENTS

The Agreement, any amendments thereto, the RFB, and the Contractor’s Bid submitted in response thereto, including any best and final offer, are incorporated in this Agreement by reference and form an integral part of this Agreement. In the event of a conflict in language between this Agreement and the foregoing documents incorporated herein, the provisions and requirements set forth in this

Agreement shall govern. In the event of a conflict between the language of the RFB, as amended, and the Contractor’s Bid, the language in the former shall govern.

8.0 COMPLIANCE WITH ALL LAWS AND LICENSES

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

8.1 Federal Requirements

8.1.1 Federal Compliance Regulations

The City of Union City has incorporated, or caused to be incorporated, into this Agreement the following Equal Employment Opportunity clauses:

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

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicapping condition. The

Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin, or handicapping condition. Such action shall include but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this nondiscrimination clause.

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

(3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the Contractor’s commitments under Section 202 of Executive Order

11246, as amended(3 CFR 169 (1979)), and shall post copies of notices in conspicuous places available to employees and applicants for employment.

(4) The Contractor will comply with all provisions of Executive Order 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive Order

11246, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

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

(7) The Contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the

Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor.

The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Contracting agency, the Contractor may request the

United States to enter into such litigation to protect the interests of the United States.”

9.0 ASSIGNMENT

The Contractor shall not assign or subcontract the whole or any part of this Agreement without the

City’s prior written consent.

10.0 AMENDMENTS IN WRITING

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

11.0 DRUG-FREE AND SMOKE-FREE WORK PLACE

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

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

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

11.3.1 The Contractor has made false certification herein; or

11.3.2 The Contractor has violated such certification by failure to carry out the requirements of

Official Code of Georgia Annotated Section 50-24-3.

12.0 WORK AUTHORIZATION PROGRAM

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

13.0 GOVERNING LAW AND VENUE

This Agreement shall be governed in all respects by the laws of the State of Georgia. Any disputes that arise under this Agreement shall be subject to the jurisdiction of the courts of Fulton County, Georgia or the Northern District of Georgia, as applicable.

14.0 MISCELLANEOUS PROVISIONS

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

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

City of Union City

Attn: Sonja Fillingame, City Manager

Union City, Georgia30291-1497

With a copy to:

Attn: Dennis Davenport, City Attorney

100 Habersham Drive

Fayetteville, Georgia30214

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

Name:

Address:

City, State & Zip Telephone Number:

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

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

GOD. In the event, that any such contingencies occur, the party whose performance is affected shall have a reasonable time in which to resume performance and such party’s nonperformance shall not constitute a default. Notwithstanding the foregoing, if the non-performing party is unable to resume full performance despite reasonable attempts to do so, the other party shall have the right to terminate this Agreement pursuant to the provisions of Paragraph 6 above.

15.0 ENTIRE AGREEMENT

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

[THIS SPACE INTENTIONALLY LEFT BLANK]

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

MAYOR AND COUNCIL FOR THE

CITY OF UNION CITY

(SEAL)

By:___________________________ VINCE WILLIAMS, Mayor

ATTEST:

Sharday Freeman, Interim City Clerk

Approved as to form:

City Attorney

CONTRACTOR

(SEAL)

By:___________________________

ATTEST:

EXHIBIT A

COUNTY OF FULTON

STATE OF GEORGIA

CONTRACTOR AFFIDAVIT

COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned

Contractor, who, after being duly sworn, states as follows:

1.

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-

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

O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02.

2.

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

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

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

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

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

EEV / Basic Pilot Program User

Identification Number

FURTHER AFFIANT SAYETH NOT.

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

Department of Homeland Security or any other equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot

Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of

Homeland Security, in conjunction with the Social Security Administration (SSA).

BY: Authorized Officer or Agent Date ________________

Contractor’s Name

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

Sworn to and subscribed before me

This ___ day of _________, 20___.

Notary Public

My commission expires:

EXHIBIT B

COUNTY OF FULTON

STATE OF GEORGIA

SUBCONTRACTOR AFFIDAVIT

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

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

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

Labor Rule 300-10-1-.02.

EEV / Basic Pilot Program

User Identification Number

FURTHER AFFIANT SAYETH NOT.

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

Department of Homeland Security or any other equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the “EEV / Basic

Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S.

Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

BY: Authorized Officer or Agent Date

Subcontractor

Name___________________________________________________

Title of Authorized Officer or Agent of Contractor_______________________________________

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

APPENDIX C

Cost Proposal

Total Contract Value for ALL Requirements including G & A* $

*G & A = all General and Administrative Costs, Profits, Travel, per Diem, and ALL costs associated with this Contract.

Where there is a reference in the RFB to deliverables, submission requirements or other response and contract performance discussions, said discussion may not be all inclusive of all requirements in the

RFB. It is incumbent upon the Contractor to read this entire RFB carefully and respond to, and price, all requirements and ensure “Total Contract Value for ALL Requirements” above includes all requirements.

APPENDIX D

AFFIDAVIT OF NON-DEBARRED STATUS

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

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

INSTRUCTIONS FORCERTIFICATION

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

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

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

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

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

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

On this day of , 2024.

(Legal Name of Bidder) (Date)

(Signature of Authorized Representative) (Date)

(Title) this day of , 2024.

APPENDIX E - CONTRACT FOR

PERFORMANCE BOND

KNOW ALL MEN BYTHESE PRESENTS, THAT WE

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

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

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

UNION CITY M I L L E N N I U M P A R K

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

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

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

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

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

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

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

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

CONTRACTOR

(Company Name)

Attest:

Title:

By: (Seal)

SURETY

BY:

(Local Agent’s Signature)

(Name – Printed) (Company Name)

(Address)

APPENDIX F

PAYMENT BOND

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

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

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

UNION CITY MILLENNIUM PARK

WHEREAS, it was one of the conditions of the award by the City pursuant to which said

Agreement was entered into, that these presents shall be executed.

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

The Surety to this bond, for value received, agrees that no change, extensions of time, alterations or additions to the terms of the Agreement or the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this bond, and alterations or additions to the terms of the Agreement or the Work or to the Specification. It is agreed that this bond is executed pursuant to an in accordance with the provisions of the Official Code of the State of Georgia, as amended, and is intended to be and shall be construed to be a bond in compliance with the requirements thereof.

PAYMENT BOND

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

CONTRACTOR

SURETY

BY:

(Local Agent’s Signature)

(Name – Printed or Typed)

(Company Name)

(Address)

APPENDIX G

BID BOND

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

Union City, GA 30291

BID

Bid Due Date: ______________________________

Description (Project Name and Location): _____________________________________

BOND

Bond Number: ______________________________

Date (Not earlier than Bid due date): ______________________________

Penal Sum: _____________________________________ $____________________

Words Figures

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, each cause this Bid Bond to be duly executed by an authorized officer, agent or representative.

BIDDER SURETY

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: _____________________________ By: ______________________________

Signature Signature

Print Name Print Name

Title Title

Attest: ____________________________ Attest: _____________________________

Signature Signature

Title Title

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

Appendix H

BID DOCUMENTS

Bid Documents may be obtained through BidNet Direct at the following link:

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.bidnetdirect.com_georgia_unioncity&d=DwMFAg&c=JvIwzveJy9nV9BBkQusi-NkJJe2HnKq6cMVsT8YTjH8&r=kq3ECFgglF133mhwhYykJMB8ZN5uT9MuYBoMxg8a9lI&m=YZ_TZIScuH267OjCMKgFTJy1BTvhI4ou56w19Cyox7c&s=AoPC6LqYykY0fTAbUAorV0s385GCtfEhwzynBROKC_Q&e=