RFP 25_04 _ Construction Turnkey Rooftop Sola.pdf

REQUEST FOR PROPOSALS

RFP 25-04

Construction Turnkey Rooftop Solar Systems

REQUEST FOR PROPOSALS (RFP) 25-04

Construction Turnkey Rooftop Solar Systems

Sealed Proposals for Purchasing RFP 25-04 – Construction Turnkey Rooftop Solar Systems will be received by the City of Dunwoody, hereinafter called the “City.” Service providers whose proposals meet the criteria established in the Request for Proposals, at the sole discretion of the City, may be considered for Contract award. The City may, by direct negotiation, finalize terms with the contractor who is selected for an award based on proposals. The City reserves the right to reject any or all responses for any reason.

Clarification of information may be requested by the City.

Work is to commence on or about February 15, 2026.

The City, at its sole discretion, may short-list firms that are deemed to best meet the City’s requirements, taking into consideration all criteria listed in the RFP. Negotiations will be conducted and may take place in person, via telephone or by teleconference with the most qualified firm as identified by the City or, if short-listing occurs, with all of the short-listed proposers. bidders that participate in the negotiations may be given an opportunity to submit their best and final offers. The City requires pricing to remain firm for the duration of the contract. Failure to hold firm pricing for the duration of the contract will be sufficient cause for the City to declare a proposal non-responsive.

Each proposal must be submitted in a sealed envelope which shall be clearly marked RFP 25-04. One signed original and two (2) bound copies, and one (1) electronic copy in PDF format of the proposals shall be submitted no later than 2:00 pm on November 19, 2025. All proposals received will be publicly opened and read. Any proposal received after the time and date specified for the opening of the proposals will not be considered but will be returned unopened.

Bidders are strongly encouraged to conduct an on-site assessment of each Project Site to take any appropriate measurements and verify conditions to confirm system feasibility. Bidders are expected to be familiar with the Bid Documents and submit any questions to: purchasing@dunwoodyga.gov in a written format no later than November 5, 2025.

Proposals are legal and binding when submitted.

Proposals must be addressed as follows: Purchasing Department City of Dunwoody 4800 Ashford Dunwoody Road Dunwoody, GA 30338

The City’s staff will review all proposals submitted. After reviewing the proposals, staff may, at its discretion, request formal presentations from one or more of the proposers (at proposer’s expense at the City’s site) whose proposals appear to best meet the City’s requirements.

The bidder awarded the Contract must provide proof of liability insurance in the amount of one million dollars ($1,000,000.00), along with any other required insurance coverage and evidence of business or occupational license, as outlined in the Proposal Documents.

The City reserves the right to waive any informalities or irregularities of proposals, to request clarification or information submitted in any proposal, to request additional information from any proposer, or to reject any or all proposals, and to re-advertise for proposals. The City also reserves the right to extend the date or time scheduled for the opening of the proposals.

The award, if made, will be to the responsible and responsive proposer submitting the proposal which is deemed by the City, in the sole discretion, to be the most advantageous to the City, price and other factors being considered.

To ensure the proper and fair evaluation of proposals, the City highly discourages any communication initiated by a proposer or its agent to an employee of the City evaluating or considering the proposal during the period of time following the issuance of the RFP, the opening of proposals and prior to the time a decision has been made with respect to the Contract award. An appropriate Purchasing employee of the City may initiate communication with a proposer in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposal. Any communication initiated by proposer during evaluation should be submitted in writing and delivered to the City of Dunwoody, Purchasing Office, 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30338, or by e-mail to purchasing@dunwoodyga.gov.

Unauthorized communication by the proposer may disqualify the proposer from consideration.

TABLE OF CONTENTS

PART ONE - BACKGROUND …………………………………………………………… 5

PART TWO - GENERAL SCOPE OF WORK ……………..…..………………………… 5

PART THREE – SPECIFIC SCOPE OF SERVICES………..……………….….………... 5

PART FOUR - PROPOSAL FORMAT ……………………………...…….………..……. 7

PART FIVE - EVALUATION OF PROPOSALS …………….……….……….…….……7

PROPOSAL FORM …………………………………………………….……….…………9

INSTRUCTIONS TO PROPOSERS …………………………………….….….………….11

Contractor Affidavit……………………………………………..……….……….…….… 17

Affidavit Verifying Status for City Public Benefit………………………………….…… 18

Contract References Form………………………………….……………………….……. 19

1. PART ONE - BACKGROUND

The City is seeking lease and power purchase proposals for the design, installation, financing, operations and maintenance of two (2) rooftop solar photovoltaic (PV) systems (“Projects”), one on each of the following two buildings owned by the City of Dunwoody: the Dunwoody Cultural Arts Center, located at 5339 Chamblee Dunwoody Road and the North Shallowford Annex, located at 4470 N. Shallowford Road (each referred to individually as “Project Site” or collectively as “Project Sites”).

2. PART TWO - GENERAL SCOPE OF WORK

The City invites qualified and reputable solar energy developers to submit proposals for the design, installation, financing, operations and maintenance of two (2) rooftop solar photovoltaic (PV) systems, one on each of two buildings owned by the City of Dunwoody (hereinafter referred to individually as “Project” or collectively as “the Projects”).

The City is requesting bids under Lease and Solar Energy Procurement Agreement (SEPA) structures.

Proposals must have separate line items for the purchase or lease of a battery backup system for each PV system. This RFP outlines the scope of work, submission requirements, and evaluation criteria to guide respondents in preparing their proposals.

3. PART THREE - SPECIFIC SCOPE OF SERVICES

3.1 Overview

The Project Sites are:

a) Dunwoody Cultural Arts Center, located at 5339 Chamblee Dunwoody Rd in Dunwoody, Georgia.

o Approximate roof area: 28,064 square feet (includes 7,000 (recent) addition for new side) o Roof condition: about 11 years old o Special requirement: Public-facing educational display (see below)

b) North Shallowford Annex, located at 4470 N. Shallowford Road in Dunwoody, Georgia.

o Approximate roof area: 12,776 square feet o Roof condition: about 6 years old o Special requirement: avoid approximate 300 square foot area needed on the southeast edge of the roof for a future police drone pad

Respondents are responsible for verifying conditions, conducting site assessments, and confirming system feasibility.

3.2 General Requirements

The following is included in the Projects:

a) Turnkey design-build services, including permitting, procurement, installation, interconnection, commissioning, and staff training.

b) Design the systems consistent with good utility practices for solar generation and energy storage facilities. Systems must comply with all applicable local, state, and federal legal requirements.

c) Designs must follow all applicable codes and standards (NEC, IEEE, UL, NABCEP, etc.).

d) Coordination with Georgia Power Company for interconnection approval.

http://www.google.com/maps?f=l&hl=en&q=4470+N.+Shallowford+Road%2c+Dunwoody%2c+GA+30338

e) Performance and production guarantees are required and must be reviewed and discussed with the City on an annual basis.

f) Provide a plan for operations and maintenance of the systems throughout their useful lives.

g) Materials must comply with Buy American Act (41 U.S.C. §§ 8301-8305), unless a waiver is obtained.

3.3 Solar System Option (in lieu of purchase)

a) Proposals must clearly set forth Lease and Solar Energy Procurement Agreement (SEPA) options.

b) The City shall pay no upfront costs for the design, construction and installation of the solar systems.

c) Each option must include contract length, pricing, escalation factors, buyout/termination terms, and assumptions.

d) Include a minimal cost (lump sum) option for City to purchase one or both solar systems at the end of their useful lives

e) Bidders must show projected cost savings under each model. This involves:

i. Analyzing recent power bills and determining approximate annual savings resulting from the solar generation throughout the life of each system; and

ii. Making any recommendations for changing the electricity tariff plan that the Project Sites are signed up for with the electric utility (Georgia Power) in order to achieve maximum cost savings.

f) For the SEPA option, provide the lowest possible power purchase rate per kWh and a minimal escalation rate not to exceed 3%.

g) Each solar system should be designed to maximize usage of the power that is generated by the system so that no more than 20% is exported back onto the grid.

h) Real time access to generation data for at least two (2) City officials and one (1) member of the City’s Sustainability Committee.

i) Take all feasible and appropriate steps to ensure the existing roof warrantees are not voided, including coordination with roofing companies, as needed, to obtain warranty amendments for the City.

3.4 Battery Backup (Optional Purchase)

a) Proposals must include separate line-item pricing per Project the option to purchase or lease a battery backup.

b) Include battery type, usable capacity (kWh), discharge rating (kW), expected lifespan, warranties, and integration with PV system.

3.5 Educational Display (Dunwoody Cultural Arts Center)

a) Provide, as a separate line-item, the option to purchase or lease a public-facing indoor educational display showing data, such as:

o Real-time and cumulative energy production o Carbon emissions avoided o Equivalent trees planted o Equivalent vehicle miles offset

b) Display must be web-enabled and designed for public engagement.

c) Design is subject to the City’s approval.

3.6 Warranty & Maintenance

a) Solar modules: Minimum 25-year performance warranty.

b) Inverters: Minimum 10-year warranty.

c) Batteries (if purchased): Minimum 10-year warranty.

d) Operations and maintenance services required for the life of the Lease/SEPA term.

3.7 Legal Terms

a) The City of Dunwoody reserves the right to reject any or all proposals.

b) Proposals shall remain valid for 120 days from submission deadline.

c) All costs incurred in preparing a proposal are the responsibility of the bidder.

d) The City may negotiate final lease/SEPA terms with the selected bidder.

4. PART FOUR - PROPOSAL FORMAT

The proposal must be submitted in a sealed envelope or other method specified by the City’s Purchasing Department

Each bidder shall provide with its proposal a plan that describes their approach to the successful completion of the Projects. The plan should include the schedule outlining material acquisition, estimated date of beginning construction, and estimated completion of the Projects.

Each bidder must include at minimum three references of other municipal governments or similar entities where similar programs or projects have been successfully completed at those locations. Bidders may also include staff/firm qualifications, resumes and any other materials deemed necessary but not provided otherwise (such as promotional literature, white papers, etc.) may or may not be reviewed by all evaluators and will not be part of the official evaluation except to the extent they support qualifications and experience.

5. PART FIVE - EVALUATION OF PROPOSALS

5.1. The City’s staff will review all proposals submitted. After reviewing the proposals, staff may, at its discretion, invite to interview and demonstrate performance (at bidder’s expense at the City’s site) one or more of the bidders whose proposals appear to best meet the City’s requirements. The purpose of such an interview would be for all bidders to elaborate upon their proposal before a recommendation for ranking of the proposals is made. Interview responses, and performance, along with the written proposal and samples (if any), will become part of bidder’s submission to be evaluated pursuant to the evaluation criteria.

5.2. The City, in its discretion, may award the contract to the responsible and responsive bidder submitting the proposal which is deemed to be the most advantageous to the City. The following are the evaluation criteria the City will consider in determining which proposal is most advantageous to the City:

5.2.1. Project Understanding and Approach: Describe the contractor's understanding of the proposed project as described in the Request for Proposals. Demonstrate an understanding of the magnitude of the task, the constraints and the desired outcomes for the project.

5.2.2. Scope of Work: Include sufficient detail to determine how each task shall be accomplished.

The

5.2.3. Schedule: Include a schedule for timely completion of the scope of work. Include information on the amount of time for each task.

5.2.4. Project Personnel: Provide information on personnel to be assigned to this project.

Personnel should have experience from similar projects and in fields necessary to complete this proposed work.

5.2.5. Leasing Terms: After consideration of the above criteria, the value of each proposal will be compared against the other qualified proposals. The City is most interested in obtaining proposals that provide good value, demonstrate an understanding of the City’s needs and provide a scope that meets or exceeds the requirements of this RFP.

5.3. The evaluation criteria do not have a predetermined relative weight. The consideration of individual criterion is merely a tool to assist the City in determining which Proposal is most advantageous, as a whole, to the City, price and other factors being considered. The relative advantages of a bidder’s responses with respect to one criterion may outweigh shortcomings of that bidder’s responses in one or more other criterion, depending on the relative disparities in the qualities of the responses in each criterion and the relative importance of certain criteria to each other, as determined in the exclusive discretion of the City.

* * * * * * * END OF EVALUATION OF PROPOSALS * * * * * * *

PROPOSAL FORM

REQUEST FOR PROPOSALS (RFP) 25-04

Design, installation, financing, operations and maintenance of two (2) rooftop solar photovoltaic (PV) systems (“Projects”), one on each of the following two buildings owned by the City of Dunwoody: the Dunwoody Cultural Arts Center, located at 5339 Chamblee Dunwoody Road and the North Shallowford Annex, located at 4470 N. Shallowford Road (each referred to individually as “Project Site” or collectively as “Project Sites”) which will be leased back to the City.

The undersigned, as bidder, hereby declares that this Proposal is in all respects fair and submitted in good faith without collusion or fraud. bidder represents and warrants to the City that: (i) except as may be disclosed in writing to the City with its Proposal, no officer, employee or agent of the City has any interest, either directly or indirectly, in the business of the bidder, and that no such person shall have any such interest at any time during the term of the Contract should it be awarded the Contract; and (ii) no gift, gratuity, promise, favor or anything else of value has been given or will be given to any employee or official of the City in connection with the submission of this Proposal or the City’s evaluation or consideration thereof.

The bidder further represents that it has examined or investigated the site conditions, if necessary, and informed itself fully in regard to all conditions pertaining to the Project Sites; that it has examined the Contract Documents and has read all Addendum(s) furnished by the City prior to the opening of the Proposals, as acknowledged below, and that it has otherwise fully informed itself regarding the nature, extent, scope and details of the services to be furnished under the Contract.

The bidder agrees, if this Proposal is accepted, to enter into the written Contract with the City in the form of Contract attached (properly completed in accordance with said Proposal Documents), and the Contract Documents for RFP 25-04 Construction Turnkey Solar Systems, and to furnish the prescribed evidence of a valid business license, insurance, and all other documents required by these Contract Documents. The bidder further agrees to commence work and to perform the work specified herein within the time limits set forth in the Contract Documents, which time limits bidder acknowledges are reasonable.

The undersigned further agrees that, in the case of failure or refusal on its part to execute the said contract, provide evidence of specified insurance, a copy of a valid business or occupational license and all other documents required by these Contract Documents within ten (10) business days after being provided with Notice of Intent to Award the contract (or such earlier time as may be stated elsewhere in these Proposal Documents), the Proposal award may be offered by the City to the next ranked bidder, or the city may re-advertise for Proposals, and in either case the City shall have the right to recover from the bidder the City’s costs and damages including, without limitation, attorney’s fees, to the same extent that the City could recover its costs and expenses from the bidder under Section 9 of the Instructions to bidders if the bidder withdrew or attempted to withdraw its Proposal.

Acknowledgement is hereby made of the following Addendum(s) received since issuance of the Contract Documents (identified by number)

Addendum No. Date Addendum No. Date Addendum No. Date

Company Name:

It shall be the responsibility of each bidder to visit the City Purchasing Department’s website to determine if addendum(s) were issued and, if so, to obtain such addendum(s). Failure to acknowledge an addendum above shall not relieve the bidder from its obligation to comply with the provisions of the addendum(s) not acknowledged above.

Work is to commence on or about February 15, 2026.

The City of Dunwoody requires pricing to remain firm for the duration of the initial term of the contract.

Failure to hold firm pricing for the initial term of the contract will be sufficient cause for the City to declare the bid non-responsive.

Termination for Cause: The City may terminate this agreement for cause upon ten days prior written notice to the Contractor of the Contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City’s rights or remedies by law.

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

Termination for fund appropriation: The City may unilaterally terminate this Agreement due to a lack of funding at any time by written notice to the Contractor. In the event of the City's termination of this Agreement for fund appropriation, the Contractor will be paid for those services actually performed.

Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Contractor which shall itemize each element of performance.

Legal Business Name

Federal Tax ID

Address

Does your company currently have a location within the City of Dunwoody? Yes____ No____

Representative Signature

Printed Name

Telephone Number Email Address

INSTRUCTIONS TO BIDDERS

1. INTENT

It is the intent of these Instructions to establish guidelines for the proper completion of the Proposal Forms and Contract Documents. Please read all Instruction paragraphs.

2. GENERAL

If the successful bidder intends to provide any services through another company, the successful bidder must serve as the City’s prime Contractor and shall have full responsibility to the City for all obligations under the Contract.

3. ENVIRONMENTAL SUSTAINABILITY

The City of Dunwoody is committed to environmental sustainability. The City believes we have a unique opportunity to further expand our leadership in the area of environmentally preferable purchasing, and through our actions, elicit changes in the marketplace. By further incorporating environmental considerations into public purchasing, the City of Dunwoody will positively impact human health and the environment, remove unnecessary hazards from its operations, reduce costs and liabilities, and improve the environmental quality of the region. As such the City encourages the incorporation of environmental sustainability into proposals.

4. EXAMINATION OF PROPOSAL/CONTRACT DOCUMENTS

All prospective bidders shall thoroughly examine and become familiar with the Proposal package and carefully note the items which must be submitted with the Proposal. (These Instructions to bidders, the Request for Proposal, the Proposal Forms, the Proposals and the Sample Contract are referred to herein as the "Proposal Documents" or “Contract Documents.") Submission of a Proposal shall constitute an acknowledgment that the bidder has read and understands the Proposal Documents. The failure or neglect of a bidder to receive or examine any Proposal Document shall in no way relieve it from any obligations under its Proposal or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work.

5. ADDENDUM(S)-CHANGES WHILE PROPOSING

The City shall not be required to provide to any bidder verbal interpretations as to the meaning of any portion of the Proposal Documents. Requests for interpretation, clarification or correction of Proposal Documents, forms or other material in this Proposal Package should be made in writing and delivered to the City, Purchasing Office, 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30338, or by e-mail to purchasing@dunwoodyga.gov prior to the deadline stated in the solicitation. Responses by the City to a request by a bidder for clarification or correction will be made in the form of a written Addendum. The Addendum may be electronically downloaded by visiting the City web site at http://www.dunwoodyga.gov.

However, prior to submitting its response, it shall be the responsibility of each bidder to visit the City website to determine if addendum(s) were issued and, if so, to obtain such addendum(s).

6. PREPARATION OF PROPOSALS

6.1 Each bidder shall furnish all information required by the proposal form or document. Each bidder shall sign the proposal and print or type their name on the schedule. An authorized agent of the company must sign the proposal.

6.2 All Unless otherwise specified by the Purchasing Department, proposals shall be submitted in a sealed envelope, bearing on the outside the name of the bidder, address, and the Purchasing RFP Number. One original, two paper copies and one electronic copy (PDF) on a USB drive shall be included.

The documents comprising the Proposal must be completed and signed on the forms provided herein, or on exact reproductions thereof.

Proposals shall be submitted no later than 2:00 p.m. on November 19, 2025, to the following address:

City of Dunwoody Purchasing 4800 Ashford Dunwoody Road Dunwoody, Georgia 30338

6.3 If an award is made, the completed Proposal Forms shall constitute a part of the Contract Documents and will be incorporated in the final Contract between the City and the successful bidder. All blank spaces in the Proposal Forms should be typed in.

6.4 All Proposals shall contain the name and business address of the individual, firm, corporation, or other business entity submitting the Proposal and shall be subscribed by either the individual, a general partner, a member of a member-managed LLC, a manager of a manager-managed LLC, or an authorized officer or agent of a Corporation or business entity and should be properly witnessed or attested.

7. DELIVERY OF PROPOSALS

7.1 All Proposals shall be submitted pursuant to the terms outlined in these Instructions to bidders. Any Proposals received after the time and date specified in the solicitation document for the opening of the Proposals will not be considered but will be returned unopened.

7.2 Each bidder’s response shall be at the sole cost and expense of the bidder and such bidder shall have no right or claim against the City for costs, damages, loss of profits, or to recover such costs, damages, or expenses in the event the City exercises its right to reject any or all Proposals or to cancel an award pursuant to a provision hereof for any reason.

8. COMMUNICATIONS REGARDING EVALUATION OF PROPOSALS

To ensure the proper and fair evaluation of Proposals, the City highly discourages any oral communication initiated by a bidder or its agent to an employee of the City evaluating or considering the Proposal during the period of time following the issuance of the solicitation document, the opening of Proposals and prior to the time a decision has been made with respect to the Contract award. An appropriate Purchasing employee of the City may initiate communication with a bidder in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal. Any communication initiated by bidder during evaluation should be submitted in writing and delivered to the City of Dunwoody, Purchasing Office, 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30338, or by e-mail to purchasing@dunwoodyga.gov. Unauthorized communication by the bidder may disqualify the bidder from consideration.

9. WITHDRAWAL OF PROPOSALS

No Proposal may be withdrawn after it is submitted unless the bidder makes a request in writing and such request is confirmed as received prior to the time set for opening of Proposals. No Proposal may be withdrawn after the scheduled Proposal opening time for a period of sixty (60) days. Any bidder withdrawing or attempting to withdraw its Proposal prior to the expiration of the sixty (60) day period shall be obligated to reimburse the City for all its costs incurred in connection with such withdrawal or attempted withdrawal including, without limitation, any increased costs for procuring the goods or services from another bidder or all costs of advertising and re-procuring the goods or services, and all attorneys’ fees, in addition to payment of City’s other damages. bidder’s submission of a Proposal shall be deemed the bidder’s acknowledgment of and agreement to the provisions of this Section.

10. DISQUALIFICATION OF PROPOSERS

10.1 Any of the following causes may be considered as sufficient for the disqualification of a bidder and the rejection of its Proposal:

10.1.1 Submission of more than one Proposal for the same work, or participation in more than one Proposal for the same work as a partner or principal of the bidder, by an individual, firm, partnership or corporation, under the same or different names, or by bidders which are affiliates, either at the time of submittal, or at the time of award. For purposes of this section, the term “affiliates” means firms, partnerships, corporations or other entities under common control;

10.1.2 Evidence of collusion between or among bidders;

10.1.3 Evidence, in the opinion of the City, of bidder(s) attempting to manipulate the Proposal pricing for its own benefit (e.g. pricing resulting in a failure of the City’s ability to enforce the Contract or impose the remedies intended following breach by Contractor);

10.1.4 Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City;

10.1.5 Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises doubts as to bidder's ability to properly perform the work; or

10.1.6 Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of bidder or the rejection of its Proposal.

10.2 The City has adopted a policy which addresses, among other things, the obligations of the City's employees with respect to interest in business entities, unauthorized compensation and acceptance of gifts.

Please be aware that any act by a bidder that could cause a City employee to violate the policy is sufficient cause for the denial of the right of the bidder to propose on any contract or sell any materials, supplies, equipment, or services to the City for a period of time that is determined by the City Manager.

11. REJECTION OF IRREGULAR PROPOSALS

A Proposal may be considered irregular and may be rejected if it is improperly executed, shows omissions, alterations of form, additions not called for, unauthorized conditions, or limitations, or unauthorized alternate Proposals, Contract references, other certificates, affidavits, statements, or information required to be included with Proposals, including, but not limited to, the bidder's prices, or contains other irregularities of any kind.

12. NOTICE OF INTENT TO AWARD CONTRACT

Unless all Proposals are rejected, a Notice of Intent to Award is anticipated to be provided within ninety

(90) days from the opening of Proposals to the responsible and responsive bidder submitting the Proposal deemed to be most advantageous to the City, price and other factors being considered.

13. CONTRACT REFERENCES

13.1 All bidders shall furnish the City with the company name, address, contact person, and telephone number of at least three (3) entities (preferably a firm other than the City) for which they have supplied similar services as requested in this Proposal during the past three (3) years. The information should be submitted on the provided Contract References page with the knowledge that the City will use the data for reference purposes. The City does check references and requires the bidder to notify the reference, verify contract information, and obtain permission from the reference before completing the form.

14. EXECUTION OF CONTRACT

14.1 The bidder to whom the Notice of Intent to Award is given shall, within ten (10) business days of the date of the Notice of Intent to Award, execute and/or deliver the following to the City: the Contract, a copy of the bidder’s valid business or occupational license, and all other documents and information required by the Contract Documents. All of the above documents and information must be furnished and the Contract Documents executed by bidder, and delivered to the City, before the Contract will be executed by the City.

14.2 A bidder's failure to timely fulfill its obligations under this section shall be just cause for withdrawal of such Notice of Intent to Award. In such case, a Notice of Intent to Award may then be issued to the next ranked bidder or all Proposals may be rejected and the Contract re-advertised. In such event, the City shall be entitled to receive its damages and costs, including, but not limited to, its attorneys’ fees caused by or in connection with a bidder’s failure to fulfill its obligations under this paragraph. A bidder's liability for failing to timely fulfill the obligations stated in this paragraph shall be the same as for withdrawing its Proposal (see Section 9).

14.3 The Contract shall not be binding upon the City until it has been executed by the City and a copy of such fully executed Contract is delivered to the Contractor. The City reserves the right to cancel the award without liability to any bidder at any time before the Contract has been fully executed by the City and delivered to the Contractor. Accordingly, the Contractor is hereby warned that it should not commence performance or incur costs or expenses in connection with the Contract obligations until it has been delivered a final, fully executed copy of the Contract.

15. GEORGIA SALES TAX

The City is a governmental agency and a political subdivision under Georgia law. Purchases by the City under this Contract are exempt from sales tax: A City tax exempt number is not required for a municipality.

No purchase made by any entity is qualified to be exempt other than those made directly by the City. The City's sales tax exemption does not apply to goods or services purchased or consumed by a Contractor for which the Contractor is deemed to be the ultimate consumer in connection with the fulfillment of its Contract obligations, and the City shall have no liability for such taxes.

16. SUBCONTRACTS

16.1 Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any subcontractor and the City.

16.2 The Contractor shall be fully responsible to the City for the acts and omissions of a subcontractor and of persons employed by said subcontractor to the same extent that the Contractor is liable to the City for acts and omissions of persons directly employed by it.

17. FAMILIARITY WITH LAWS

All bidders and the Contractor are presumed to be familiar with and shall observe all Federal, State and local laws, ordinances, codes, rules and regulations, including, without limitation, the City's rules and regulations, that may in any way affect work herein specified. Ignorance on the part of the Contractor shall in no way relieve Contractor from any such responsibility or liability. Contractor’s compliance with requirements of O.C.G.A. 13-10-91 and Rule 300-10-1-.02, if applicable, will be attested.

18. MINORITY AND WOMEN BUSINESS ENTERPRISE ("MWBE") PARTICIPATION

An MWBE participation goal has not been established for this Contract. Such participation is encouraged but will not be considered during the evaluation process for award of this Contract.

19. INSURANCE

The bidder to whom the Notice of Intent to Award is given shall provide a signed Certificate of Insurance.

The Certificate of Insurance shall evidence the insurance coverage listed below and shall be filed with the City within ten (10) business days of the date of the Notice of Intent to Award. The Certificate of Insurance must contain a provision that the coverage provided under the policies will not be cancelled or modified or the limits thereunder decreased unless at least thirty (30) days prior written notice has been given to the City.

Required Coverage General Liability and Automobile Liability. The Contractor shall purchase and maintain in force during the term of the Contract, at its own cost and expense, to protect the Contractor, the City, and the members (including, without limitation, all members of the governing City’s Council and the citizens’ advisory committees of each), officers, agents, and employees of each, from and against any and all liabilities arising out of or in connection with the Contractor’s performance of the Contract work:

(1) Commercial general liability insurance with coverage of not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence, and with contractual liability coverage for Contractor’s covenants to and indemnification of the City under the Contract, and

(2) Automobile liability insurance with policy limits of not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit per accident or occurrence covering each motor vehicle operated on City property.

(3) Additional Insured Endorsement. Contractor agrees and shall cause the City their members (including, without limitation, members of the City’s Council and members of the citizens’ advisory committees of each), officers, employees, and agents to be named as additional insured’s under such policy or policies of commercial general and automobile liability insurance.

(4) Workers’ Compensation and Employer’s Liability. If Contractor has any employee working on City property, Contractor shall procure and maintain in force during the term of the Contract (i) workers’ compensation insurance, and (ii) employer’s liability insurance. The policy limits of the Contractor’s employer’s liability insurance shall not be less than $100,000 for “each accident,” $500,000 for “disease policy limit,” and $100,000 for “disease each employee.” If the Contractor is self-insured, the Contractor shall provide proof of self-insurance and authorization to self-insure as required by applicable state laws and regulations.

(5) Professional Liability Insurance. The Contractor shall purchase and maintain in force during the term of the Contract, Professional Liability insurance which will pay for damages arising out of errors or omissions in the rendering, or failure to render professional services under the Contract in the amount of at least ONE MILLION DOLLARS ($1,000,000.00) per claim. Such insurance must contain nose and tail coverage to include work performed by the Contractor from the project’s inception date and until such time as the Statue of Limitations has run for the work done on the project.

20. PUBLIC RECORDS/PUBLIC MEETINGS

Please be aware that all meetings of the City’s Council are duly noticed public meetings and all documents submitted to the City as a part of or in connection with a Proposal may constitute public records under Georgia law regardless of any person’s claim that proprietary or trade secret information is contained therein. By submission to the City, bidders waive any declaration that their entire response to be proprietary information. Proposals and all related correspondence are subject to the Georgia Open Records Act and may be provided to anyone properly requesting same, after contract award. The City cannot protect proprietary data submitted in vendor proposals unless provided for under the open records law. In the event, the bidder deems certain information to be exempt from the disclosure requirements, the proposal must specify what content is considered exempt and site the applicable provision of the law to support that assessment. In the event such information is requested under the open records law, the bidder’s assessment will be examined by the City Attorney who will make a determination. The decision to withhold or release the information will be at the City’s sole discretion.

* * * * * * * END OF INSTRUCTIONS TO PROPOSERS * * * * * * *

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

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 engaged in the physical performance of services on behalf of the City of Dunwoody has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

CITY OF DUNWOODY____________

Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ________, ___, 202__ in ____________ (city), _______________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________, 202__.

NOTARY PUBLIC

My Commission Expires:_________________________________

O.C.G.A. § 50-36-1(e) (2) Affidavit Verifying Status for City Public Benefit

**This form is required for ALL LICENSES/PERMITS/CONTRACTS by State Law**

By executing this affidavit under oath, as an applicant for a(n) __________________________________ [type of public benefit(s)], as referenced in O.C.G.A. § 50-36-1, from the City of Dunwoody, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit:

_______ I am a United States citizen (Must include copy of either current State Driver’s License, Passport, or Military ID)

_______ I am a legal permanent resident of the United States** (Must include a copy of your current State Driver’s License and a copy of your Permanent Resident Card or Employment Authorization Card)

________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency.** (Must include a copy of your current State Driver’s License and a copy of your Permanent Resident Card or Employment Authorization Card)

**My alien number issued by the Department of Homeland Security or other federal immigration agency is: __________________________.

The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36- 1(e)(1), with this affidavit.

The secure and verifiable document provided with this affidavit can best be classified as:

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

Executed in _______________ (City), _______________ (State).

Signature of Applicant Date

Printed Name of Applicant

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ____ DAY OF _____________, 20___.

____________________________ My Commission Expires: _____________

NOTARY PUBLIC/SEAL

CONTRACT REFERENCES FORM

CONTRACTOR’S NAME: _______________________________________________________

CONTRACTOR’S CONTACT NAME: _____________________________________________

CONTRACTOR’S EMAIL: _______________________________________________________

CONTRACTOR’S ADDRESS: ____________________________________________________

CONTRACTOR’S PHONE: ______________________________________________________

REFERENCE 1

NAME: ______________________________________________________

PHONE:_________________________________________________________________________

EMAIL:_________________________________________________________________________

ADDRESS:________________________________________________________________________

PROJECT/TASK:_______________________________________________________________

REFERENCE 2

NAME: ______________________________________________________

PHONE:_________________________________________________________________________

EMAIL:_________________________________________________________________________

ADDRESS:________________________________________________________________________

PROJECT/TASK:_______________________________________________________________