March 2025

CITY OF ALPHARETTA REQUEST FOR PROPOSALS (RFP)

RFP Number: 26-111 RFP Title: MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

INFORMATION AND CONTRACT TERMS & CONDITIONS

RFP Information

1. Offeror Acknowledgement By submitting a Proposal for this request, the authorized signer and represented firm acknowledge and confirm that they have read, understand, and agree to information within this RFP’s documents including all required and informational documents, files, and forms posted to the Bonfire project webpage for this RFP. These documents make up the RFP. They will become part of any contract that may be awarded because of responses to this RFP.

By sending a Proposal, the Offeror acknowledges and agrees that:

a. The Offeror has carefully examined and fully understands the terms, conditions, and requirements of any proposed Work as noted within this RFP.

b. The Offeror acknowledges that they completed a personal examination of the site of the proposed work (if applicable).

c. The Offeror is satisfied with the actual conditions and requirements of the proposed Work.

d. The Offeror acknowledges that they are capable of completing the Work as noted in this RFP.

e. In compliance with Scope of Work/Specifications, by submitting a cost proposal in response to the request, the Offeror agrees that if this proposal is accepted by the City Council within one hundred twenty (120) days of the date of RFP Response Due Date, that the Offeror will furnish any or all of the deliverables upon which prices are quoted, at the price set opposite each, to the designated point(s) within the time specified.

Acknowledging these statements by the submittal of a proposal to the City, the Offeror proposes and agrees that if the Offeror‘s proposal is accepted, the Offeror will contract with the City in full agreement with the Contract Documents.

2. City’s Authority and Right to Investigate This procurement is issued under the authority of the City of Alpharetta’s Procurement Policy, also following State of Georgia and Federal applicable laws. The City has the right to reject all proposals, to reject any proposal that has not followed or met the City’s scope of work or specifications (non-responsive) or reject any proposal that shows that an Offeror cannot meet one or more of the requirements (non-responsibility). The City has the right to ignore unimportant mistakes that do not affect the work or service to be provided, the purchase of requested item(s), or proposal pricing in order to award a contract that is in the best interest of the City.

The City may make such investigations as considered necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified.

3. Receipt of Proposals and Public Inspection

a. Public Information:

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION RFP Information, Contract Terms & Conditions

Upon receipt of all sealed proposals, only the name of each supplier and the date and time of receipt shall be recorded. No other information will be disclosed, nor shall the proposals be considered open record until after council award. (O.C.G.A 50-18-72, paragraph 10) All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying shortly after the council award with the following five exceptions:

1. bona fide trade secrets that have been specifically identified, properly marked, separated, and documented and to which the Offeror has attached an affidavit declaring that such specific information constitutes a trade secret pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, will not be disclosed; provided however, if the City determines that such specifically identified information does not in fact constitute a trade secret, the City will notify the Offeror of its intent to disclose such information prior to its initial disclosure as required by law;

2. matters involving individual safety, as determined by the City, may be withheld from disclosure;

3. any company financial information in the form of records containing tax matters or tax information that is confidential under state or federal law, which has been requested by the City to determine vendor responsibility, unless prior written consent has been given by the Offeror will not be disclosed;

4. any document or record, or portion thereof, containing information exempt from disclosure pursuant to O.C.G.A. § 50-18-70, et seq., may be withheld from disclosure as determined by the City; and

5. any other document or record, or portion thereof, mandated by law to be kept confidential, as determined by the City.

All open records requests must be presented in writing along with specific items requested. The Open Records Request form is available from the City’s main website and requested through the City Clerk’s office.

b. Procurement Agent’s Review of Proposals:

The Procurement Agent in charge of the solicitation will open and review the Proposals and separate out any information that meets the referenced exceptions noted above, providing the following conditions have been met:

1. Documents or records containing information that the Offeror wishes to keep confidential must be specifically identified and clearly marked and separated from the rest of the Proposal by the Offeror and;

2. The Proposal does not contain any such confidential material in the cost/price section; and

3. An affidavit from the Offeror specifically identifying information as a trade secret and declaring that such information constitutes a trade secret pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated is attached to each separated document or record in the Proposal that Offeror wishes to be kept confidential because it contains trade secrets.

Information separated out under this process will be available for initial review only by the Procurement Officer, Procurement Agent, and limited other designees. Offerors acknowledge that the act of separating out such information by the Procurement Agent does not operate to exempt such information from disclosure as a public record; rather, the disclosure of such information is governed by O.C.G.A. § 50-18-70, et seq. Offerors should be prepared to pay all legal costs and

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION fees associated with defending a claim for confidentiality in the event an (open records) request is submitted by another party and the City determines that such information is subject to disclosure.

General Terms and Conditions We will incorporate the City’s standard terms and conditions into the Contract. Those terms and conditions are set forth below in this document. We ask that Offerors notify the City of any Terms and Conditions that either prevent them from responding to this procurement or add unnecessary cost. The Offeror must make this notification in writing either as a written question sent before the question deadline or with the Offeror’s response.

1. Disclosure Any Consultant as defined in O.C.G.A. §36-80-28 that is engaged to develop or draft specifications/requirements or serve in a consultative role during the procurement process for any City procurement method, by entering into such an arrangement or executing a contract that the consultant agrees to: (1) Avoid any appearance of impropriety and must follow all policies and procedures of the City; (2) disclose to the City any material transaction or relationship pursuant to §36-80-28, considered a conflict of interest, any involvement in litigation or other dispute, relationship or financial interest not disclosed in the Disclosure form; and (3) Acknowledge that any violation or threatened violation of the agreement may cause irreparable injury to the City, entitling the City, to seek injunctive relief in addition to all other legal remedies. This requirement does not apply to confidential economic development activities pursuant to §50-18-72 or to any development authority for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other purposes and, without limiting the generality of the foregoing, must specifically include all authorities created pursuant to Title 36 Chapter 62; However, per provisions of subparagraph (e)(1)(B)of Code Section 36-62-5 reporting of potential conflicts of interest by development authority board members is required.

2. Compliance with Title VI of the Civil Rights Act of 1964 The City of Alpharetta, as a federal grant recipient, conforms to Title VI of the Civil Rights Act of 1964 and its amendments. Title VI of the Civil Rights Act of 1964 requires that no person in the United States will, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English ability.

The City is committed to enforcing the provisions of Title VI and to taking positive and realistic affirmative steps to ensure the protection of rights and opportunities for all persons affected by its programs.

Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint. Any such complaint must be filed in writing or in person with the City of Alpharetta’s Title VI Compliance Officer, within one hundred-eighty (180) days following the date of the alleged discriminatory action. For more information or Title VI Discrimination Complaint Forms contact the Title VI Compliance Officer at the following:

Human Resources: Title VI Compliance City of Alpharetta 2 Park Plaza Alpharetta, GA 30009 Tel: 678-297-6014

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

3. Substitutions and Change Orders NO substitutions of material, schedule cancellations, or Change Orders are allowed after Contract award without written approval by the Director of the contracting City Department or his authorized representative. For purchase orders for $50,000.01 or greater, cumulative Change Orders more than 10% of the original contract will require the approval of the City Council.

Where specific employees are proposed by the Contractor for the work, those employees must perform the work as long as those employees work for the Contractor, either as employees or subcontractors, unless the City agrees to a replacement or requests same based on an objective standard of review of past performance. We will review requests for any substitution and may be approved by the City at its sole discretion. We will not recognize any verbal agreements to the contrary. In the event a substitution of a Contractor employee is required due to termination of employment by Contractor, Contractor must provide the City with prompt written notice of the need for such substitution and must cooperate with the City in providing a replacement.

4. General Insurance Requirements Upon Council approval, the awarded Contractor shall provide the City with a Certificate of Insurance (COI) to the procurement agent listed on the cover page for this RFP. The COI shall indicate the existence of the policies prior to the beginning of the contract work or term. Thereafter, a renewal certificate shall be delivered to the City at least thirty (30) days prior to the expiration date of each expiring policy. If at any time, any of the policies shall be or become unsatisfactory to the City as to form or substance, or any of the carries issuing such policies shall be or become unsatisfactory to the City, the Contractor shall deliver to the City representative upon demand a certified copy of any policy required herein for review. The Certificates of Insurance shall state that the City of Alpharetta is additionally insured.

• Workers Compensation: Workers Compensation $500,000 per accident per employee with waiver of subrogation. Required documentation includes certificate from insurance company showing issuance of workmen’s compensation coverage for the State of Georgia.

• Comprehensive General Liability Insurance:

Commercial General Liability $1,000,000 each occurrence

$1,000,000 aggregate

• Comprehensive Auto Liability Insurance:

Bodily Injury Liability $1,000,000 each occurrence Property Damage Liability $1,000,000 each occurrence

• Excess Umbrella Liability:

Combined Single Limit Bodily Injury and / or Property Damage $2,000,000 each occurrence

$2,000,000 aggregate

Insurance; Indemnification. The awarded Consultant must keep the types and amounts of insurance set forth as from time to time will be requested by the City. The awarded Consultant must supply proof of such insurance to the City at the same time as the execution of any resulting Contract and/or purchase order, and as and when requested by the City during the term hereof. Acceptance of a certificate or proof of insurance does not constitute approval or agreement by the City that the insurance requirements have been satisfied. The awarded Consultant will indemnify and hold the City harmless from all claims, demands, losses, attorneys' fees and liabilities of any type or nature arising out of or related to the Consultant's, or Consultant's agents’, employees’ or subconsultants’, negligent performance or non-performance of any resulting Contract and/or purchase order, including, but not limited to, claims for injury to person or property; provided, however, that this

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION indemnification obligation will not apply to claims arising from the sole negligence of the City or its employees. Nothing in this paragraph or any resulting Contract and/or purchase order will be considered to constitute a waiver of the City's sovereign immunity, create rights in any third party, or create any third-party beneficiaries.

5. Bonding Requirements A. Bid Bond

A bid bond for 5% of bid total required and must be submitted with bid prior to bid due date/time.

By signing and submitting this bid to the City, BIDDER agrees that in case of failure on their part to execute said contract and bond, or provide satisfactory proof of carriage of the insurance required, within fourteen (14) calendar days after the award thereof, the Bid Bond or certified check accompanying their bid and the money payable thereon will be forfeited to the CITY as liquidated damages; otherwise, the check or Bond accompanying this bid will be returned to the BIDDER.

Refer to RFP Forms, Bid Bond for required Bid Bond form.

B. Performance and Payment Bonds

Prior to commencing the Work, the Contractor, as principal, and a surety company listed in the Federal Register and licensed to write surety insurance in the State of Georgia, as surety, must give a Performance Bond in the amount of one hundred percent (100%) of the price of the Contract and a Payment (Labor and Material) Bond, in the amount of one hundred percent (100%) of the price of the Contract.

“Performance bond” means a bond with good and sufficient sureties or guarantees for the faithful performance of the Contract and to indemnify the City for any damages occasioned by a failure to perform same within the prescribed time. Such bond must be payable to, in favor of, and for the protection of the City.

“Payment bond” means a bond with good and sufficient sureties or guarantees payable to the City and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the Work provided for in the Contract for the use of all persons doing work or furnishing skills, tools, machinery, or materials under or for the purpose of constructing the Project. The life of these bonds must extend through the Final Completion date of the Project for an added sixty (60) day maintenance period (where applicable) and a twelve-month warranty/guarantee period after Final Completion.

Refer to Appendix C at the end of this document for Sample Performance and Payment Bond forms.

6. Retainage Requirements Retainage: For construction contracts (O.C.G.A § 13-10-80), including road construction contracts (other than GDOT projects), the City will withhold retainage of 5% of the gross value from each invoice or pay application.

We will not hold retainage for design services. Contractor must send separate invoices for design services.

When all Work is completed and final acceptance has been approved by the City, the Contractor may invoice for the amount retained.

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

7. Term.

The term of the Contract starts upon contract execution by both parties and will end upon the completion of the Project.

The term of the Contract may be extended by the City, with the written consent of the Contractor, for such added period as may be necessary or advantageous to the City.

The Contract price(s) and/or rates for the above-stated contract term will remain as offered in the Contractor’s proposal cost submission and accepted/awarded by the City Council. Any contract extension beyond the above-stated contract term will be based on the same terms and conditions as the original term.

8. Additional Contract Provisions and Terms The procurement, including all documents and appendices attached hereto, referenced here and/or incorporated here, and any addenda hereto, and the response of the awarded Consultant, including any amendments thereto, will be incorporated into the Contract (as previously set forth, all such documents are collectively referred to as the “Contract Documents”).

The Terms and Conditions set forth here do not define the total extent of the contract language. In the event of a conflict or dispute as to the duties and responsibilities of the City and Consultant under any resulting Contract Documents, the Contract, will govern in accordance with the order of precedence set forth therein.

9. Invoicing, Payment Processing A. The City agrees to pay the Consultant in current funds for the performance of the Contract subject to additions and deductions as provided in the Contract, and, if applicable, to make payments in the manner and on the periodic basis agreed to by the City during the pre-construction meeting or prior to the commencement of the Work. Upon completion of the Work or, if agreed to by the City, upon completion of certain portions thereof, the Contractor shall submit an invoice detailing the appropriate charges as currently allowed.

B. The City will process approved payment requests under this Project to the awarded Consultant only. Payment to subcontractors and suppliers is the responsibility of the Consultant. The City will not entertain any other payment arrangements.

C. Upon receipt of invoice and inspection and acceptance of the Work, the City will render payment.

All such invoices will be paid within forty-five (45) days by the City unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Consultant will provide complete cooperation during any such investigation.

10. Performance Prior to Contract Execution The successful Consultant will not begin performance of the Project prior to the execution of a formal written contract by the City and the successful Consultant. Any Consultant beginning performance prior to the execution of the Contract will be proceeding at the Consultant’s risk and will not be entitled to any compensation for such performance. Under such circumstances, the City reserves the right to withdraw or cancel the award of the procurement.

11. Subconsultants The highest-scoring responsive and responsible Consultant will be the prime consultant if a contract is awarded and executed and will be responsible, in total, for all work of any subconsultants. All subconsultants, if any, must be listed in the Consultant’s response to this procurement. The City reserves the right to approve all subconsultants. The Consultant will be responsible to the City for the negligent acts and negligent omissions of all subconsultants or agents and of persons directly or

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION indirectly employed by such subconsultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within the procurement, or otherwise in the Contract Documents created because of any contract award derived from the procurement, will create any contractual relationship between any subconsultant of the Consultant and the City.

12. Independent Consultant The Consultant will always be acting as an independent consultant and not be considered or deemed to be an agent, employee, joint venture, or partner of the City. The Consultant will have no authority to contract for or bind City in any manner. Neither the Consultant nor its employees are employees of the City. The Consultant will have and maintain the responsibility for and control of the rendition of the Work (including, the services performed) under the Contract, the discipline of its employees, and other matters incident to the performance of the Work (services, duties, and responsibilities as described and contemplated in the Contract). The Consultant must supply the City with proof of compliance with the Workers’ Compensation Act while performing work for the City. Proof of compliance must be received with the Consultant’s response to the procurement at the address listed on the Cover Page of the procurement.

13. Compliance with Illegal Immigration Reform and Enforcement Act E-Verify Program:

The City of Alpharetta is committed to compliance with Federal and State laws requiring the verification of newly hired employees to ensure they are lawfully entitled to work in the United States. As such, the City will not enter into a contract for the physical performance of services unless the Consultant registers and takes part in a federal work authorization program (E-Verify). Further, Consultants submitting a Proposal for the physical performance of service must include a fully executed E-Verify affidavit as part of their Response to the procurement.

Requirement to Participate in a Federal Work Authorization Program (E-Verify):

No Consultant will give a response for the physical performance of service unless the Consultant takes part in a Federal Work Authorization Program and follows the requirements of O.C.G.A. § 13- 10-91.

1) Per O.C.G.A. § 13-10-91, the Consultant represents, warrants, acknowledges, and/or agrees that:

a) The Consultant has registered and participates in a federal work authorization program to verify the employment eligibility of all newly hired employees;

b) Subconsultants will not enter into any contract with the Consultant for the physical performance of services within the State of Georgia unless such subconsultant registers and takes part in a federal work authorization program to verify the employment eligibility of all newly hired employees; and

c) Sub-subconsultants will not enter into any contract with a subconsultant or sub-subconsultant for the physical performance of services within the State of Georgia unless such sub-subconsultant registers and takes part in a federal work authorization program to verify the employment eligibility of all newly hired employees.

2) As of the date of enactment of O.C.G.A. § 13-10-91, the applicable federal work authorization program is “E-Verify” (https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES), operated by the United States Citizenship and Immigration Services Bureau of the United States Department of Homeland Security. Information and instructions about E-Verify program registration, corporate administrator registration, and designated agent registration can be found at such website address.

Consultant, Subconsultant, and Sub-subconsultant Evidence of Compliance:

1) The Consultant, if entering a contract with the City supplying the physical performance of services, will follow the requirements of O.C.G.A. § 13-10-91.

https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

2) Per O.C.G.A. §13-10-91, in the event the Consultant employs or contracts with a subconsultant in connection with a covered contract, Consultant will secure from such subconsultant attestation of the subconsultant’s compliance with O.C.G.A. § 13-10-91 by the subconsultant’s execution of the subconsultant affidavit, the form of which is provided in Appendix B hereof and keep records of such attestation for inspection by the City at any time. Such subconsultant affidavit will become a part of the consultant/subconsultant agreement. It will be the duty of the Awarded Consultant to submit copies of all affidavits, drivers' licenses, and/or identification cards required pursuant to this Section, as applicable, to the City within five (5) business days of receipt.

3) Pursuant to O.C.G.A. §13-10-91, in the event the Consultant employs or contracts with a subconsultant that employs or contracts with any sub-subconsultant, the subconsultant will secure from such sub-subconsultant attestation of the sub-subconsultant’s compliance with O.C.G.A. § 13-10-91 by the sub-subconsultant’s execution of the sub-subconsultant affidavit, the form of which is also provided in Appendix A hereof, and maintain records of such attestation for inspection by the City at any time. Such sub-subconsultant affidavit will become a part of the subconsultant/sub-subconsultant agreement.

4) The Consultant must follow all other applicable requirements and provisions of O.C.G.A. § 13- 10-91 and other applicable rules and regulations issued in relation thereto.

5) All portions of contracts about compliance with O.C.G.A. § 13-10-91 and all other applicable rules and regulations issued in relation thereto, and any affidavit related hereto, will be open for public inspection in this State at reasonable times during normal business hours.

6) Forms necessary to ensure compliance with this section are included in Required Forms and must be received at the address listed on the procurement’s Cover Page prior to review of Consultant’s response.

14. Compliance with Laws The Consultant will, in performance of work under the Contract, fully follow all applicable federal, state, or local laws, rules, and regulations, including, but not limited to, Title VI of the Civil Rights Act of 1964 and its amendments, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subconsultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made based on merit and qualifications and there will be no discrimination based upon race, color, religion, gender, national origin or ancestry, age, creed, marital status, physical or mental disability, or political ideas by the persons performing the contract.

15. Termination This Contract may be ended prior to the term ending by either party in case of substantial failure or default of the other party to fulfill its obligations under this Contract. Prior to such termination, the non-defaulting party will give notice to the defaulting party of the failure or default. Such party will have fifteen (15) days from the date of the notice to cure the default or failure if such default or failure is capable of being cured. Upon failure to cure the default or failure within fifteen (15) days, or if such failure or default is not capable of being cured, the non-defaulting party may terminate the Contract effective at once upon the provision of written notice as provided in Section 15 (Notices). The Contract may also be ended prior to expiration of the term by the City for City's convenience upon the provision of not less than fourteen (14) days written notice to the Consultant. In case of such termination, the Consultant will be compensated for services performed prior to termination. Such amount will be paid by the City upon the Consultant's delivery or otherwise making available to the City, all data, drawings, specifications, reports, estimates, summaries and other information and materials as may have been accumulated by the Consultant in performing the services included in this Contract, whether completed or in progress. All unperformed obligations incurred by Consultant prior to such date will survive termination of this Contract.

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

16. Annual Appropriation and Renewal Notwithstanding any other provision or provisions of this Contract, per O.C.G.A. § 36-60-13, this Contract will end at once and absolutely if the City finds that adequate funds are not appropriated or granted or funds are de-appropriated such that the City cannot fulfill its obligations under the Contract, which determination is at the City's sole discretion and will be conclusive.

17. Ownership of Work Product In the event Consultant prepares, pursuant to the performance of this Contract, any drawings, plans, studies, reports, specifications, other documents (the “Work Product”), the City will be deemed the owner of the original of all such Work Product, and all statutory and common law rights with respect to such Work Product will accrue to the City, provided the City has paid for the services in full.

Appendix A: City Truck Route Allowed Truck Routes and Map Certain trucks may travel in and through the City of Alpharetta using only those streets and roads highlighted in the Truck Route Map provided in Appendix A of this document and available for review online at:

https://www.alpharetta.ga.us/government/departments/public-works/alpharetta-truck-routes

As noted in Chapter 18 (Traffic) of the Code of the City of Alpharetta, Georgia, except as specifically set out herein, trucks (defined as motor vehicle having a gross vehicular weight rating (G.V.W.R.) in excess of thirty-six thousand pounds (36,000 lbs.) or having an overall length in excess of thirty feet (30’), except vehicles designed to carry passengers) are prohibited from using any street within the City except those designated below:

1) SR 9 (North Main Street – South Main Street)

2) SR 120

3) Haynes Bridge Road (SR 120 to City Limits)

4) Hembree Road (Westside Parkway to Roswell City Limits continuing on Roswell Truck Route)

5) Mansell Road

6) Maxwell Road (SR 9 to Hembree Road)

7) McGinnis Ferry Road

8) North Point Parkway

9) Union Hill Road

10) Westside Parkway

11) Windward Concourse

12) Windward Parkway (SR 9 to Union Hill Road)

13) Davis Drive (Mansell Road to Westside Parkway)

Exceptions to the above schedule are when the terminal, parking lot, repair garage, headquarters, place of pickup or delivery of the restricted motor vehicle is not on a designated truck route, ingress to and egress from such places will be made by the most direct route available between the terminal, parking lot, repair garage, headquarters, place of pickup or delivery and the nearest designated truck route.

https://www.alpharetta.ga.us/government/departments/public-works/alpharetta-truck-routes

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

Appendix B: Informational Forms Do not return these forms with your proposal. These are for information only for the RFP process. Forms will be used only by the consultant / contractor that is awarded the contract for this project or service.

1. Subcontractor E-verify Affidavit

2. Sub-subcontractor E-verify Affidavit

3. Subcontractor Participation List

4. Final Affidavit

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

Subcontractor E-verify Affidavit

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

Sub-subcontractor E-verify Affidavit

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

Subcontractor Participation List

To: City of Alpharetta, Georgia

From: [Contractor/Consultant Name]

Re: [Contract or Purchase Order No.], [Add Project Name]

Date: [Date of Accompanying Invoice]

Is the accompanying invoice the final invoice for this project? _____ Yes _____ No

Select one of the following:

_____ No subcontractors providing a service have been utilized on this project.

_____ Below is a list of all subcontractors which have provided a service on this project.

Subcontractor Name Scope of Services

Add additional pages as needed to list all subcontractors.

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

Final Affidavit

TO: CITY OF ALPHARETTA, GEORGIA

I, _______________________________________, hereby certify that all suppliers of materials, equipment and service, Subcontractors, mechanics, and laborers employed by

__________________________________________ or any of their Subcontractors in connection with the

Work of:

COMPLETE CONSTRUCTION OF MID BROADWELL CULVERT & SIDEWALK

in the CITY OF ALPHARETTA have been paid and satisfied in full as of _______________, 202___ , and that there are no outstanding obligations or claims of any kind for the payment of which CITY on the above-named project might be liable, or subject to, in any lawful proceeding at law or in equity. Schedule of Subcontractor Participation has been completed and made part of this Final Affidavit.

Signature

Title

Personally appeared before me this _______day of____________________________ , 202___ .

_____________________________________, who under oath deposes and says: that they are of the firm of

____________________________________________; that they have read the above statement; and that to the best of their knowledge and belief same is an exact true statement.

Notary Public

My Commission Expires

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

Appendix C: Sample Contract Bond Forms

Do not return these forms with proposals. Only the awarded contractor will have to supply these bonds.

A. 100% Performance Bond B. !00% Labor and Material Payment Bond

[The rest of page intentionally blank]

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

100% Performance Bond

KNOW ALL MEN BY THESE PRESENTS: that, ____________________________________, as Principal, hereinafter called CONTRACTOR, and ____________________________________, a corporation organized and existing under the laws of the State of Georgia, hereinafter called SURETY, are held and firmly bound unto CITY OF ALPHARETTA, GEORGIA, as oblige, hereinafter called CITY and their successors and assigns, in the penal amount of

__________________________________________________________________DOLLARS

($______________________________) for the payment of which the CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents.

WHEREAS, CONTRACTOR has by written agreement dated _________________________, 202___ , entered into a written construction contract, hereinafter referred to as the CONTRACT, with CITY for:

MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION, more particularly described in the CONTRACT (hereafter called the PROJECT) in accordance with drawings and specifications prepared by CITY, which CONTRACT is by reference made a part hereof.

NOW, THEREFORE, the conditions of this obligation is such that, if CONTRACTOR must fully and completely perform all the undertakings, covenants, terms, conditions, warranties and guarantees contained in said CONTRACT, including all modifications, amendments, changes, deletions, additions and alterations thereto that may hereafter be made, then this obligation will be null and void, otherwise it will remain in full force and effect.

Whenever CONTRACTOR is, and declared by CITY to be in default under the CONTRACT, the CITY having performed CITY’s obligation thereunder, the SURETY will promptly remedy the default promptly as follows:

1. Complete the CONTRACT in accordance with its terms and conditions; or,

2. Obtain a bid or bids for completing the CONTRACT in accordance with its terms and conditions, and upon determination by SURETY and the CITY of the lowest responsible bidder, arrange for a contract between such Bidder and the CITY, and make available as PROJECT progresses (even though there should be a default or a succession of defaults under the CONTRACT or Contract of Completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the SURETY may be liable hereunder, the penal sum set forth in the first paragraph hereof. The term "Balance of the Contract Price", as used in this paragraph will mean the total amount payable by CITY to CONTRACTOR under the CONTRACT and any amendments hereto, less the amount properly paid by CITY to

CONTRACTOR.

3. Allow the CITY to complete the PROJECT and reimburse the CITY for all reasonable costs incurred in completing the PROJECT.

BOND # _________________________

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

100% Performance Bond______________________________________ The SURETY hereby waives notice of any and all modifications, omissions, additions, changes, alterations, extensions of time, changes in payment terms, and any other amendments in or about the CONTRACT, and agrees that the obligations undertaken by this bond will not be impaired in any manner by reason of any such modifications, omissions, additions, changes, alterations, extensions of time, change in payment terms, and amendments.

The SURETY hereby agrees that this bond will be deemed amended automatically and immediately, without formal or separate amendments hereto, upon any amendment to the CONTRACT, so as to bind the CONTRACTOR and the SURETY to the full and faithful performance of the CONTRACT as so amended or modified, and so as to increase the penal sum to the adjusted Contract Price of the

CONTRACT.

No right of action will accrue on this bond to or for the use of any person, entity, or corporation other than the CITY and any other obligee named herein, or their executors, administrators, successors or assigns.

This Bond is intended to comply with O.C.G.A. § 36-91-70 and will be interpreted to comply with the minimum requirements thereof. However, in the event the express language of this bond extends protection to the CITY beyond that contemplated by O.C.G.A. § 36-91-70, or any other statutory law applicable to this PROJECT, then the additional protection will be enforced in favor of the CITY, whether or not such protection is found in the applicable statutes.

No action can be instituted on this bond one year after the completion of the CONTRACT and the acceptance by the CITY of the work thereunder.

IN WITNESS WHEREOF the undersigned have caused this instrument to be executed and their respective corporate seals to be affixed and attested by their duly authorized representatives this

Signed and sealed this _______day of_________________________ , 202___ .

In the presence of: CONTRACTOR: _______________________________

___________________________________ By:_________________________________(Seal) Witness

SURETY: ___________________________________

_________________________________ By:________________________________ (Seal) Witness Georgia Representative

SURETY Contact Information:

Address:

Phone:

Email:

Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570, as amended) and be authorized to conduct business in the State of Georgia.

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

100% Labor and Material Payment Bond

KNOW ALL MEN BY THESE PRESENTS: that, ____________________________________, as Principal, hereinafter called CONTRACTOR, and ____________________________________, a corporation organized and existing under the laws of the State of Georgia, hereinafter called SURETY, are held and firmly bound unto CITY OF ALPHARETTA, GEORGIA, as oblige, hereinafter called CITY and their successors and assigns, in the penal amount of

__________________________________________________________________DOLLARS

($______________________________) for the payment of which the CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents.

WHEREAS, CONTRACTOR has by written agreement dated _________________________, 202___ , entered into a written construction contract, hereinafter referred to as the CONTRACT, with CITY for:

MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION, more particularly described in the CONTRACT (hereafter called the PROJECT) in accordance with drawings and specifications prepared by CITY, which CONTRACT is by reference made a part hereof.

NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR will promptly make payment to all persons working on or supplying labor or materials under the CONTRACT, and any amendments thereto, with regard to labor or materials furnished and used in the PROJECT, and with regard to labor or materials furnished but not so used, then tis obligation will be void; but otherwise it will remain in full force and effect subject, however, to the following conditions:

1. A Claimant will be defined as any subcontractor, person, [arty, partnership, corporation or other entity furnishing labor, services, or materials used, or reasonably required for use, in performance of the CONTRACT, without regard to whether such labor, services, or materials were sold, eased, or rented, and without regard to whether such Claimant is or is not in privity of contract with the CONTRACTOR or any subcontractor performing work on the PROJECT, including, but not limited to, the following labor, services, or materials: water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the CONTRACT.

2. In the event a Claimant files a claim against the CITY, or the property of the CITY, and the CONTRACTOR fails or refuses to satisfy or discharge it promptly, the SURETY will satisfy or discharge the claim promptly upon written notice from the CITY, either by bond or as otherwise provided in the CONTRACT.

3. The SURETY hereby waives notice of any and all modifications, omissions, additions, changes, alterations, extensions of time, changes in payment terms, and any other amendments in or about the CONTRACT and agrees that the obligations undertaken by this bond will not be impaired in any manner by reason of any such modifications, omissions, additions, changes, alterations, extensions of time, changes in payment terms, and amendments.

BOND # _________________________

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

100% Labor and Material Payment Bond_________________________

4. The SURETY hereby agrees that this Bond will be deemed amended automatically and immediately, without formal or separate amendments hereto, upon any amendment or modification to the CONTRACT, so as to bind the CONTRACTOR and SURETY, jointly and severally, to the full payment of any Claimant under the CONTRACT, as amended or modified, provided only that the SURETY will not be liable for more than the penal sum of the Bond, as specified in the first paragraph hereof.

5. This Bond is made for the use and benefit of all persons, firms, and corporations who or which may furnish any materials or perform any labor for or on account of the construction to be performed or supplied under the CONTRACT, and any amendments thereto, and they and each of them may sue hereon.

6. No action may be maintained on this Bond after one (1) year from the date the last services, labor, or materials were provided under the CONTRACT by the Claimant prosecuting said action.

7. This Bond is intended to comply with O.C.G.A. § 36-91-90 and will be interpreted to comply with the minimum requirements thereof. However, in the event the express language of this Bond extends protection to the CITY beyond that contemplated by O.C.G.A. § 36-91-90, or any other statutory law applicable to this PROJECT, then the additional protection will be enforced in favor of the CITY, whether or not such protection is found in the applicable statutes.

Signed and sealed this _______day of_________________________ , 202___ .

In the presence of:

CONTRACTOR: _______________________________

___________________________________ By:________________________________ (Seal) Witness

SURETY: ___________________________________

_________________________________ By:________________________________ (Seal) Witness Georgia Representative

City of Alpharetta RFP #26-111, MID BROADWELL CULVERT & SIDEWALK CONSTRUCTION

100% Labor and Material Payment Bond_________________________

Surety Contact Information:

Address:

Phone:

Fax:

Email:

Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570, as amended) and be authorized to conduct business in the State of Georgia.