FOWLER FIELD PARK

IMPROVEMENTS

RFP 2025-002

Issue Date: June 09, 2025

Due Date: July 10, 2025

FOWLER FIELD PARK IMPROVEMENTS CITY OF DOUGLASVILLE

DOUGLASVILLE, GEORGIA

The City of Douglasville, Georgia will be receiving separate sealed Bids for all material, labor and equipment for the “Fowler Field Park Improvements”. This includes repairing and replacing existing asphalt walkways, the installation of a new exercise area, a wooden boardwalk, and site furnishings, along with a rain garden and site planting with all related accessories as shown on the plans and called for in the Contract Documents and Technical Specifications. Bids shall be based on Unit Price Items.

The project shall be Substantially Complete within 210 calendar days from the date of notice to proceed of the contract.

All requests for information and clarifications regarding this project shall reference the above invitation name and submitted via Bidnet Direct https://www.bidnetdirect.com no later than June 18, 2025, at 4:00 PM EDT. Questions and answers will be issued in the form of an addendum to all interested parties and will be available on Bidnet direct at https://www.bidnetdirect.com.

It is the bidder’s responsibility to check the website for any addenda issued for this RFP.

The City of Douglasville will receive bids until 04:00 PM EDT on July 10, 2025. Bids must be submitted electronically in 1 PDF file via Bidnet Direct at https://www.bidnetdirect.com Bid submission deadline is July 10, 2025

All bids must comply with all applicable general and special instructions. The City of Douglasville reserves the right to reject any bid that is non-responsive or

REQUEST FOR PROPOSALS

incomplete or to reject all bids. All bids must be for completion of the entire project — any work intended to be subcontracted must be noted on the Bid Sheet. Bids must include the following to be considered:

• Completed E-Verify

• Contractors and Subcontractors Affidavit

• Contractor's Oath

All bidders shall comply with all statutory requirements for ethical bidding and with the Georgia Security Immigration Compliance Act.

Please note that there will not be a pre-bid meeting. All bids shall be quantity bids utilizing https://www.bidnetdirect.com/ the City's bid form entitled Bid Sheet for pricing.

RFP ESTIMATED

TIMELINE

City issues public advertisement of RFP June 09, 2025

Deadline for written questions/requests for clarification

June 18, 2025 4:00 PM EDT

Deadline for submission of Proposals July 10, 2025 4:00 PM EDT

City Council will vote on selection of firm TBD

END OF SECTION

INSTRUCTIONS TO BIDDERS

REQUEST FOR INFORMATION

All questions or requests for additional information must reference RFP 2025-002 Fowler Field Park Improvements and must be submitted via Bidnet Direct by June 28, 2025 EDT at 04:00 PM. Questions and answers will be issued in the form of an addendum to all interested and will be available on Bidnet Direct.

COMMUNICATION

From the issue date of this RFP solicitation until a successful proposer is selected and announced, proposers are forbidden to communicate about this solicitation or this Project for any reason with any members of the City of Douglasville administration and government, except for submission of questions as instructed in the RFP, or as provided by any existing work agreement(s). For violation of this provision, the Owner reserves the right to reject the proposal of the offending proposer. If additional assistance is needed, please contact Alyssa Gordon – Senior Accounting Specialist at gordona@douglasvillega.gov.

SELECTION CRITERIA

Bids will be screened for completeness prior to being evaluated. All completed bids will be evaluated by the City’s selected evaluation committee, and the top candidate will be verified and reference checked prior to being awarded. In evaluating bids, the evaluation committee shall consider the following:

Qualifications and experience of the Bidder related to the services described in this RFP

• Listing of similar work done within the last 5 years – 40 points

• Bidder’s understanding of the project and subject matter expertise. – 30 points

• Bidder’s ability and available resources to perform the requested services. – 15 points

• Proposed project costs. – 15 points

In the case of multiple qualified bidders with close evaluation scores, the evaluation committee may shortlist several candidates for secondary interviews prior to making a final decision.

mailto:gordona@douglasvillega.gov

REQUEST FOR PROPOSALS

All bids must be submitted electronically to Bidnet Direct (http:www.bidnetdirect.com) no later than July 10, 2025 at 4:00

PM EDT.

1. The City of Douglasville reserves the right to waive any and all technicalities, formalities or irregularities of submitted Bids. The City may reject the Bid of any vendor that has previously failed to perform properly or complete on time, contracts of a similar nature with the City of Douglasville.

2. All bids must be accompanied by a Certificate of Liability Insurance to include worker's compensation. Prior to Notice to Proceed, Contractor shall present a Liability Insurance Certificate naming the City of Douglasville as an Additional Insured. Contractor shall be responsible for all injuries or damages of any kind resulting from work, to persons or property.

This provision shall be included in an Agreement between the City of Douglasville and the awarded bidder.

3. Bids may be withdrawn via Bidnet Direct or written request, provided such withdrawals are received prior to the time and date of the opening.

4. Invoicing for The City of Douglasville is Net 30 days. A valid W-9 form is required.

5. Required Submissions

a. All bids must be submitted and must contain all required documents, pricing forms, Contractor's Oath, the Contractor’s and Subcontractor’s affidavits of compliance with the Georgia Security and Immigration Act, a current occupational/business license, and a current Corporate Certificate of Existence, contact information for project manager, and valid Certificate of Liability Insurance showing liability insurance coverage and to include workers' compensation.

http://www.bidnetdirect.com/

BID FORM

TABLE OF ARTICLES

Article No. Page No.

ARTICLE 1 – BID RECIPIENT

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS AND DISCLOSURE STATEMENT

ARTICLE 3 – BIDDER’S REPRESENTATIONS

ARTICLE 4 – FURTHER REPRESENTATIONS

ARTICLE 5 – ATTACHMENTS TO THIS BID

ARTICLE 6 – DEFINED TERMS

ARTICLE 7 – BID SUBMITTAL

ARTICLE 1 – BID RECIPIENT

1.01 BID RECIPIENT

This Bid is submitted to: City of Douglasville

6695 Church Street, Douglasville, GA 30134

This Bid is Submitted From:

(Name and Address of Individual, Partnership, Limited Liability Company, or Corporation)

Georgia Utility Contractor No. (if applicable)

This Bid is for: Fowler Field Park Improvements July 10, 2025

(Date)

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times Indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.02 BIDDERS’ DISCLOSURE STATEMENT

All bidders should be aware that the Project is a public project, and the City is a public agency. Pursuant to the laws, rules and Executive Orders of the State of Georgia, the City of Douglasville shall make every effort to avoid even the appearance of a conflict of interest or any impropriety in both the selection process for this project and the negotiation and performance of any resulting contract. As part of any submittal you intend to make for this project, you must include a Disclosure Statement with your submittal which answers the following specific questions:

1. Describe any business transactions occurring within the prior two years between your firm and the City of Douglasville.

2. Describe any gift, hospitality, or benefit of any sort that your firm has provided to the City of Douglasville, within the prior one-year period.

3. A conflict of interest or potential conflict of interest is defined as any action, decision, or recommendation by a person acting in a capacity as a public official, the effect of which is or could be to the private monetary or financial benefit or detriment of the person, the person’s relative, or any business with which the person or a relative of the person is associated. The potential conflict of interest is viewed from the perspective of a reasonable person who has knowledge of the relevant facts. Based upon this definition, describe any conflict of interest or potential conflict of interest that your firm has with the City of Douglasville.

This Disclosure Statement should be dated and signed by an authorized signer for the bidder and submitted with the Bidder’s submittal.

Name of Firm

Authorized Signature Date

Printed Name and Title of Authorized

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all reports (if applicable) of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified and reports and drawings of Hazardous Environmental Conditions that have been identified in

SC-4.06.

E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions

F. (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the

G. Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

H. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

I. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

J. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

K. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

L. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

M. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement.

ARTICLE 4 – FURTHER REPRESENTATIONS

4.01 Bidder further represents that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation.

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

ARTICLE 5 – ATTACHMENTS TO THIS BID

5.01 The following documents are attached to and made a condition of this Bid:

A. Bid Bond.

B. Form of Qualification of Bidder.

C. Affidavit of Non-Collusion.

D. Immigration and Security Form.

ARTICLE 6 – DEFINED TERMS

6.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 7 – BID SUBMITTAL

BASE BID

Item Estimated

QTY

Unit of

Measure Unit Price Total Price

No. DESCRIPTION

1. General Conditions and Mobilization

1 L.S. $

2. Clearing, Grubbing, Grading 1 L.S. $

4. Erosion Control Measures 1 L.S. $

5. Concessions Building Remodel 1 L.S. $

Includes installation/full construction

6. Wooden Boardwalk 1 L.S. $ -

7. Steel Arbor 1 L.S. $ -

8. Triangle Shade Sail 1 L.S. $ -

9. Athletic Equipment 1 L.S. $ - Includes installation/full construction of:

Body Curl Station Lat Pull Down Station Knee Lift Station Push Up Station

Chest Press Station

10. Benches 7 EA $

11. Picnic Tables 3 EA $ -

12. Trash Receptacles 5 EA $ -

13. Pet Stations 2 EA $ -

14. Paving 1 L.S. $ -of:

Poured-In-Place Rubber Surfacing

4" Reinforced Concrete w/Aggregate Subsurface

Asphalt Walkway (Demo, Replacement and New)

Drainage Stone Layer

15. Underdrain System 1 L.S. $ of:

Drainage Stone Layer

Pipes, Junction boxes and Connectors

16. Landscape Planting 1 L.S. $ -

Includes installation or full construction of:

Trees Shrubs Ground Cover Bioretention Sod Seed Topsoil Mulch Coconut Husk Matting

Base Bid Sub-total:

[in figures] Contingency (15%) [in figures] Base Bid Total:

[in figures]

[In Words]

7.01 This Bid submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

A Partnership

Partnership Name (typed or printed):

(Signature of general partner -- attach evidence of authority to sign)

A Corporation or Limited Liability Company

Corporation or LLC Name:

State of Incorporation/Organization:

(Signature -- attach evidence of authority to sign)

Title:

(CORPORATE SEAL)

Attest

Date of Authorization to do business in the state of Georgia is / /

BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name)

(Address):

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

OWNER:

City of Douglasville 6695 Church Street Douglasville, GA 30134

BID

Bid Due Date:

Fowler Field Park Improvements

BOND

Bond Number:

Date (Not later than Bid due date):

Penal Sum:

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

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

By: By:

Signature and Title Signature and Title

(Attach Power of Attorney)

Attest: Attest:

Signature and Title Signature and Title

Note: Above addresses are to be used for giving required notice.

Note: Surety companies executing bonds must appear on the Treasury Department’s most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Surety’s liability.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1. Owner accepts Bidder's Bid and Bidder

delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of

Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of

Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.

FORM OF QUALIFICATION OF BIDDER

Name of Bidder

Address of Bidder

To:

All bidders:

The signer of this affidavit guarantees the truth and accuracy of all statements and information submitted herein in support of its bid proposal to furnish all materials, equipment, and labor, and to perform all work in accordance with the Contract Documents for:

Fowler Field Park Improvements

The undersigned hereby authorizes and requests any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor, or any person, firm or corporation to furnish any pertinent information requested by Owner's Engineer, GOODWYN, MILLS, CAWOOD, LLC deemed necessary to verify the statements made, information submitted, or regarding the standing and general reputation of the applicant.

The undersigned has not been disqualified by any public agency in the State of Georgia except as is explained as follows: .

The undersigned further affirms that, if false information is furnished in support of its bid proposal, it can and will be prosecuted to the fullest extent of the law for perjury.

Dated at , this day of , 20 .

Sworn to and subscribed before me this day Name of Organization of , 20 .

NOTARY PUBLIC:

BY:

Title of Person Signing

(If Corporation, Affix Seal)

My Commission Expires:

PART I - STATEMENT OF EXPERIENCE:

1) Legal Name, Address, and Telephone Number:

2) Check one: Corporation ; Partnership ; Individual___; Limited Liability Company____

3) If a Corporation or Limited Liability Company, state:

Date of Incorporation/Organization State in which incorporated/organized:

Date of Assuming Name and Title of Principal Officers/Members Position

If an Out-of-State Corporation or limited liability company, currently authorized to do business in Georgia, give date of such authorization: .

4) If Partnership:

Date of Organization:

Nature of Partnership (General, Limited, or Association):

Names and Addresses of Partners

5) If an Individual, state -- Name & Address of Owner:

6) Enumerate State, County, or other Public Agencies in which your organization is qualified to perform work by some means of prequalification:

Agency Trade in Which Qualified

Expiration Date Approved Amount

7) Describe your organizational structure, including the number of permanent employees engaged in estimating, purchasing, expediting, detailing, and engineering, field supervision, field engineering, and layout:

(Use extension sheet if necessary)

8) Give names & data about any construction projects you have failed to complete:

9) Has any officer, member, or partner of your organization ever been an officer, member, or partner of some other organization that failed to complete a construction contract? If within the last five (5) years, state name of individual, other organization, and reason therefore:

10) Has any officer, member, or partner of your organization ever failed to complete a construction contract handled in his own name. If within the last five (5) years, state name of individual, name of owner, and reason therefore:

11) Has your organization, or any officer, member, or partner thereof, ever been party to any criminal litigation as a result of construction methods, costs, etc.? .

If yes, state name of court, case number, case name, and provide pertinent details, including judgment:

(Attach extension sheet if necessary)

12) Has your organization, or any officer, member, or partner thereof, ever been party to any civil litigation as result of construction methods, costs, etc.? __ .

If yes, state name of court, case number, case name, and provide pertinent details, including judgment:

(Attach extension sheet if necessary)

13) For Corporations or LLCs, name previous officers/members, if different from item 3, for each of the last five

(5) years. For Partnerships, name for the current principal partner, any previous partners, or association in another construction firm within each of the last five (5) years. For sole proprietorship, name for the individual any previous officer position in a corporation, or partner in a partnership for each of the last five (5) years:

14) Indicate type of contracting undertaken by your organization and number of experience:

As Prime Contractor: Type: No. of Years

Type: No. of Years

As Subcontractor: Type: No. of Years

Type: No. of Years

15) Give any special qualifications of firm members (Registered Engineer, Surveyor, etc.)

16) List Major Equipment to be Used on this Project and Equipment Condition:

17) Percentage of Work to be Performed with Own Forces:

18) Name of Proposed Subcontractors with Whom You Intend to Affiliate. (What phase and percentage of work will each subcontractor perform?)

19) State construction experience of principal members of your organization:

Constr. Type Exp. of Cost

Name Title Years Work Range In What Capacity

20) List the construction contracts your organization has underway at this time:

Prime Contractor Date of Contract % Design Architect/Engineer Owner

Name of Project Name and Address Contract Amount Complete Name and Address Name and Address

21) List the construction contracts your organization has completed in the past five (5) years:

Prime Contractor Date of Contract Design Architect/Engineer Owner

Name of Project Name and Address Completion Amount Name and Address Name and Address

22) What is the largest contract (dollar costs) ever performed by your organization?

Name of Work:

Total Contract Amount:

Amount of Your Contract:

23) How much time was lost during the last two (2) years from strikes?

Total Man Days Total Calendar Days:

Explain Cause:

PART II - GENERAL FINANCIAL INFORMATION:

1) Give total contract value of work accomplished by your organization in each of the last three (3) years:

20 - $ 20 - $ 20 - $

2) Give contract value of work now pending award to your organization:

$ State amount requiring bond if awarded: $

3) Give the value of any judgments or liens outstanding against your organization:

Explain:

4) Give names of Surety Companies & Agent under which you have functioned within the last three (3) years:

5) Estimate your maximum bonding capacity: $

How much is unencumbered as of this date? $

6) Has any Surety Company refused to write you a bond on any construction work?

If yes, explain:

7) What is the dollar value of the largest project you consider your organization is qualified to undertake?

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of

County of

, an individual, being first duly sworn, deposes and says that:

(1) He is (owner, partner, officer, representative, member, or agent) of the Bidder that has submitted the attached Bid;

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; including Section 36-91-21 (a) and other relevant parts of the Georgia Code.

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Douglasville.

or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)

Title

Subscribed and sworn to before me this day of , 20

Notary Public:

My Commission expires:

SB529 (The Georgia Security and Immigration and Compliance Act) requires contractors to file an affidavit that the contractor and its subcontractors have registered and participate in a federal work authorization program intended to ensure that only lawful citizens or lawful immigrants are employed by the contractor or subcontractor. This requirement of SB529 is a phased-in affidavit filing requirement based on the size of the contractor. Contractors with 500 or more employees are required to file an affidavit of compliance beginning 7/1/07. However, because the requirement is set forth in OCGA 13-10-91 which is a part of Chapter 10 of Title 13 governing public works contracts, the affidavit filing requirements of SB529 therefore only apply to public works contracts.

A. In order to ensure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., Contractor must initial one of the sections below:

Contractor has 500 or more employees and Contractor warrants that Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at https://www.vis-dhs.com/EmployerRegistration and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq.

Contractor has 100-499 employees and Contractor warrants that no later than July 1, 2008, Contractor will register at https://www.vis-dhs.com/EmployerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq.

Contractor has 99 or fewer employees and Contractor warrants that no later than July 1, 2009, Contractor will register at https://www.vis-dhs.com/EmployerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq.

B. Contractor warrants that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract.

Signature Title Firm Name:

http://www.vis-dhs.com/EmployerRegistrationand https://www.vis-dhs.com/EmployerRegistration http://www.vis-dhs.com/EmployerRegistrationto

Street/Mailing Address:

City, State, Zip Code:

Telephone Number:

Email Address:

IMMIGRATION AND SECURITY FORM

CONTRACTOR AFFIDAVIT AND AGREEMENT REGARDING GEORGIA SECURITY AND

IMMIGRATION COMPLIANCE.

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Douglasville has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Douglasville, the contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01- .08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Douglasville at the time the subcontractor(s) is retained to perform such service.

Company ID Number: EEV/Basic Pilot Program* Authorization Date

Name of Contractor Name of Project

Name of Public Employer

Signature by Authorized Officer or Agent Date

Printed Name of Authorized Officer/Agent of Contractor

Title of Authorized Officer/Agent of Contractor

SUBSCRIBED AND SWORN BEFORE ME ON THIS

THE DAY OF , 20

Notary Public

* 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 and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

SUBCONTRACTOR AFFIDAVIT

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

13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with [NAME OF CONTRACTOR TO BE INSERTED] _______________ on behalf of the City of Douglasville has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

EEV / Basic Pilot Program* User Identification Number

BY: Authorized Officer or Agent Date (Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

DAY OF , 20

Notary Public

* 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).

NOTICE OF AWARD

To: Date:

Project: Fowler Field Park Improvements

The OWNER has considered the BID submitted by you dated , 20 , for the above described WORK in response to its Advertisement for Bids and Instructions to Bidders.

You are hereby notified that your BID has been accepted for items in the amount of

You are required by the Instructions to Bidders to execute the Agreement, submit the Payment Bond, Performance Bond and Certificates of Insurance, within fifteen (15) calendar days from the date of this Notice to you.

Failure to comply with these conditions within the time specified will entitle OWNER to consider you in default, annul this Notice of Award and declare your Bid Security forfeited.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the

OWNER.

Dated this day of , 20

Owner

By

(s)

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by

Dated this day of , 20 . Contractor

NOTICE OF AWARD

NOTICE TO PROCEED

To: Date:

Project: Fowler Field Park Improvements

You are notified that the contract Time under the above contract will commence to run on , 20 . On this date you are to start performing your obligations under the Contract Documents and you are to achieve Substantial Completion within consecutive calendar days thereafter. In accordance with Article 5 of the Agreement, the date to achieve Substantial Completion and readiness for final payment is , 20 .

You are required to return an acknowledged copy of this NOTICE TO PROCEED to the

OWNER.

Dated this day of , 20 .

Owner

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by

Contractor

Dated this day of , 20 .

GOODWYN, MILLS, CAWOOD, LLC NOTICE OF TO PROCEED

GMC PROJECT NO. LATL240002 00 5500

THE CONTRACT FOR CONSTRUCTION

AND INCORPORATED GENERAL

CONDITIONS

TABLE OF CONTENTS

ARTICLE I

THE CONTRACT AND THE CONTRACT DOCUMENTS

1.1 The

Contract

1.2 The Contract Documents

1.3 Entire

Agreement

1.4 No Privity with

Others

1.5 Intent and Interpretation

1.6 Ownership of Contract Documents

1.7 Hierarchy of Contract Documents

ARTICLE II

THE WORK

ARTICLE III

CONTRACT

TIME

3.1 Time and Liquidated Damages

3.2 Substantial Completion

3.3 Time is of the Essence

ARTICLE IV

CONTRACT PRICE

4.1 The Contract Price

ARTICLE V

PAYMENT OF THE CONTRACT PRICE

5.1 Schedule of Values

5.2 Payment Procedure

5.3 Withheld Payment

5.4 Unexcused Failure to Pay

5.5 Substantial

Completion

5.6 Completion and Final Payment

ARTICLE VI

THE

OWNER

6.1 Information, Services and Things Required from Owner

6.2 Right to Stop Work

6.3 Owner's Right to Perform

Work

ARTICLE VII

THE

CONTRACTOR

7.4 Warranty

7.6 Supervision

7.7 Schedules

7.9 Shop Drawings, Product Data and

Samples

7.10 Cleaning the Site and the Project

7.11 Access to Work

7.12 Indemnity

7.13 Means, Methods, Techniques, Sequences, Procedures and Safety

7.14 Separate

Contracts

ARTICLE VIII

CONTRACT ADMINISTRATION

8.1 The Architect

8.2 Architect's Administration

8.3 Claims by the Contractor

ARTICLE IX

SUBCONTRACTORS

9.1 Definition

9.2 Award of Subcontracts

ARTICLE X

CHANGES IN THE WORK

10.1 Changes

Permitted

10.2 Change Order

Defined

10.3 Changes in the Contract

Price

10.4 Effect of Executed Change Order

10.5 Notice to Surety;

Consent

ARTICLE XI

UNCOVERING AND CORRECTING

WORK

11.1 Uncovering Work

11.2 Correcting

Work

11.3 Owner May Accept Defective or Nonconforming Work

ARTICLE XII

TERMINATION

12.1 Termination by the

Contractor

12.2 Termination by the Owner

ARTICLE XIII

OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE

ARTICLE XIV

INSURANCE

ARTICLE XV

MISCELLANEOUS

15.1 Governing Law

15.2 Successors and Assigns

15.3 Surety

Bonds

THE CONTRACT FOR CONSTRUCTION AND

INCORPORATED GENERAL CONDITIONS

This Agreement is made by and between the City of Douglasville

(hereinafter referred to as the "Owner") and

(hereinafter referred to as the "Contractor") under seal for construction of

(hereinafter referred to as the "Project"), the Owner and the Contractor hereby agree as follows:

ARTICLE I

THE CONTRACT AND THE CONTRACT DOCUMENTS

1.1 The Contract

1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it.

1.2 The Contract Documents

1.2.1 The Contract Documents consist of this Agreement, the Specifications, the Drawings, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any):

Documents not enumerated in this Paragraph 1.2 are not Contract Documents and do not form part of this Contract.

1.3 Entire Agreement

1.3.1 This Contract, together with the Contractor's performance and payment bonds for the Project, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor.

1.4 No Privity with Others

1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor.

1.5 Intent and Interpretation

1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work.

Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price.

1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract.

1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.

1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation".

1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract.

1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.

1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings and the Product Data and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF

ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH

DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made.

1.5.8 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors.

1.6 Ownership of Contract Documents

1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Owner's prior written authorization.

1.7 Hierarchy of Contract Documents

1.7.1 In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following hierarchy shall control: (a) as between figures given on drawings and the scaled measurements, the figures shall govern; (b) as between large scale drawings and small scale drawings, the large scale shall govern; (c) as between drawings and specifications, the requirements of the specifications shall govern; (d) as between the Contract for Construction and Incorporated General Conditions and the specifications, the requirements of the Contract for Construction and Incorporated General Conditions shall govern. As set forth hereinabove, any and all conflicts, discrepancies, or inconsistencies shall be immediately reported to the architect in writing by the contractor.

ARTICLE II

THE WORK

2.1 The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract.

2.2 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the

Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows:

Repairing and replacing existing asphalt walkways, the installation of a new exercise area, a wooden boardwalk, and site furnishings, along with a rain garden and site planting.

ARTICLE III

CONTRACT TIME

3.1 Time and Liquidated Damages

3.1.1 The Contractor shall commence the Work within 10 working days after written Notice to Proceed and shall achieve Substantial Completion of the Work no later than 210 CALENDAR DAYS. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the "Contract Time."

3.1.2 The Contractor shall pay the Owner the sum of $ 500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

3.2 Substantial Completion

3.2.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Owner can enjoy beneficial use and occupancy of the Work and can utilize the Work for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

3.3 Time is of the Essence

3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract.

ARTICLE IV

CONTRACT PRICE

4.1 The Contract Price

4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of ($

- --------- /· The sum set forth in this Paragraph 4.1.1 shall constitute the Contract Price which shall not be modified except by Change Order as provided in this Contract.

BASE BID

Item No. DESCRIPTION

ESTIMATED

QUANTITY

UNIT OF

MEASURE

UNIT

PRICE

TOTAL

PRICE

Fowler Field Park

1. General Conditions & Mobilization 1 L.S.

1a. Clearing, Grubbing and Grading 1 L.S.

2. Erosion Control Measures 1 L.S.

3. Concessions Building Remodel 1 L.S.

4. Wooden Boardwalk 1 L.S.

5. Steel Arbor 1 L.S.

6. Triangle Shade Sail 1 L.S.

7. Athletic Equipment 1 L.S.

8. Benches 1 L.S.

9. Picnic Tables 7 EA

10. Trash Receptacles 3 EA

11. Pet Station 7 EA

12. Paving 1 L.S.

13. Underdrain System 1 L.S.

TOTAL AMOUNT BASE BID

(In Figures)

(In Words)

ARTICLE V

PAYMENT OF THE CONTRACT PRICE

5.1 Schedule of Values

5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the Owner and to the Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Architect or the Owner may require to substantiate its accuracy.

The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof.

The violation of this provision by the Contractor shall constitute a material breach of this Contract.

The Schedule of Values shall be used only as a basis for the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged in writing by the Architect and the Owner.

5.2 Payment Procedure

5.2.1 The Owner shall pay the Contract Price to the Contractor as provided below.

5.2.2 Progress Payments -- Based upon the Contractor's Applications for Payment submitted to the Architect and upon Certificates for Payment subsequently issued to the Owner by the Architect, the Owner shall make progress payments to the Contractor on account of the Contract Price.

5.2.3 On or before the 30th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 25th day of the month to the Architect in such form and manner, and with such supporting data and content, as the Owner or the Architect may require. Therein, the Contractor may request payment for ninety percent (90%) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work plus ninety percent (90%) of that portion of the Contract Price properly allocable to materials or equipment properly stored on-site (or elsewhere if approved in advance inwriting by the Owner) for subsequent incorporation in the Work, less…