REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS FOR THE LEASE AND REDEVELOPMENT OF THE OLD FIRE STATION AT 19 NORTH ERWIN STREET, CARTERSVILLE, GEORGIA PREPARED BY: CITY OF CARTERSVILLE, GEORGIA November 30, 2018 RESPONSES DUE: January 18, 2019

2 REQUEST FOR PROPOSALS ( RFP ) Lease and Redevelopment of Old Fire Station at 19 North Erwin Street, Cartersville, GA INTRODUCTION The purpose of this Request for Proposal ( RFP ) is to enter into a Lease Agreement for the old fire station at 19 North Erwin Street, Cartersville, Georgia (the Property ). In addition, each proposer shall include and describe in detail, the extent of their proposed renovations to the Property. Said proposals should include plans, drawings, and renderings of the proposed renovations. The City will weigh these factors and determine the overall best proposal for the City regarding the Property. BACKGROUND The building is currently being used as the temporary office for the Cartersville Gas Department, it is anticipated that they shall vacate the premises on or about March 1, The building has about 8,900 square feet of floor space. Water, natural gas, fiber and electrical services are available. The City has received multiple inquiries from individuals relating to the potential purchase and/or lease of the Property. The City does not plan to sell the Property at this time, but is interested in hearing proposals to renovate and lease the Property. The City s objective is to provide an additional commercial and/or entertainment, or other venue to enhance its existing vibrant downtown area. The successful proposer will be expected to perform necessary renovations to ensure that the building is up to all applicable codes and to meet all permitting, zoning, and licensing requirements for which the proposer is proposing. A formal lease agreement between the City and the successful proposer(s) will be required. Additionally, details may surface during this process and the City reserves the right to negotiate these details with the successful proposer(s). If an agreement cannot be reached, the City reserves the right to negotiate with the next best proposer or to solicit new proposals. 2

3 PROPERTY INFORMATION Located at 19 North Erwin Street, Cartersville, Georgia, having frontage on North Erwin Street and Public Square and bounded on the North by Church Street. The Property only includes the building and area in front of the existing bays as indicated on the aerial photo below. SUBMITTAL DEADLINE All responses to this RFP (each, a Response ) must include one (1) hard copy original and three (3) copies, and one (1) electronic version (via disc, flash drive or other similar digital storage device) by no later than 2:00 p.m., January 18, Responses received after this time and date will not be considered. Please address the Response to: Tamara Brock, City Manager City of Cartersville PO Box North Erwin Street Cartersville, GA

4 INQUIRIES Prospective Respondents are strongly encouraged to submit inquiries regarding this RFP by , in writing to: Only inquiries received in writing will receive a response. All such written inquiries must be delivered by 3:00 p.m., December 28, Inquiries received after such date and time will not be considered and will not receive a response. The City will publish all received written inquiries and the City s responses to those inquiries will be attached as an Addendum to this RFP on the City s website on or before the close of business on January 3, SELECTION PROCESS A committee assembled by the Mayor and City Council (the Selection Committee ) will review all qualified responses to this RFP. Qualified means that all required components of the RFP were received in a timely fashion as specified in this RFP. Selection will take place based on the process as follows: (1) The Selection Committee, in accordance with the evaluation criteria described below, will review all qualified proposals received by the proposal deadline. Further evaluation may include an oral interview with representatives of the most responsible and responsive Respondents. (2) The Selection Committee and/or The City reserves the right to identify a small group of shortlisted Respondents ( Finalists ) chosen from among the respondents to this RFP. (3) The Selection Committee will recommend a proposal(s) from among those submitted to the Mayor and City Council of the City of Cartersville. (4) The Mayor and City Council may approve or reject in whole or in part any RFP. (5) Upon approval from the Mayor and City Council of the City of Cartersville, the City and the successful Respondent will negotiate, execute and deliver the necessary legal documents granting the agreed upon rights, title and/or interest in the Property to the successful Respondent. (6) No development activity may commence without approval by the Mayor and City Council of the City of Cartersville and execution by all parties of a Development Agreement or other legally binding and enforceable documents. Note: The Selection Committee may elect to conduct interviews with one or more of the strongest Respondents. Representatives of the Selection Committee may contact developers to request clarification or additional information to enable the committee to fully understand the proposal. Representatives of the Selection Committee may also request additional material or documents. 4

5 After hearing all presentations and after all discussions have concluded, the Selection Committee shall evaluate the Respondents. Following the presentations, the Respondent(s) receiving the highest ranking shall be recommended to the Mayor and City Council of the City of Cartersville. If for any reason a contractual agreement cannot be mutually agreed upon, the City may elect to terminate negotiations with the Prospective Awardee(s) and initiate negotiations with the next Respondent receiving the next highest ranking by the Selection Committee or choose to cancel the solicitation. Selected firm(s) must be prepared to enter negotiations for services outlined in this RFP. The City will not, for any reason, reimburse a Respondent for costs and/or expenses in connection with responding to this RFP. OTHER Responses should include a cover letter providing an introduction to the firm or team and the areas of expertise of the firm. The letter should also state the full name, address, phone and fax numbers of the organization and the branch office or other subordinate entity that will perform or assist in performing the services described therein. If responding as a team, the lead firm should be designated with a project manager identified as the single point of contact. Indicate the type of firm ownership (individual, partnership, LLC, corporation, or other entity) and explain any proposed joint venture relationships. Include the state(s) in which the firm is incorporated and/or licensed to operate and provide a valid insurance certification. Firms will be evaluated on the basis of overall experience and depth of resources. It is imperative that responses contain all information requested. SCOPE OF SERVICES AND EVALUATION METRICS In order to be deemed responsive for evaluation under this RFP, submissions are limited to 30 pages, inclusive of all submission requirements, narratives, and addenda. Responses submitted to this RFP should include the following information outlined below in the following order: Respondent is responsible for determining and acknowledging any Addenda issued in connection with this RFP. Addenda must be acknowledged in order for proposals to be considered. 5

6 Section I- Cover Letter/Executive Summary Include a cover letter indicating the full name and address of the Respondent and the branch office or other subordinate entity that will perform or assist in performing the redevelopment described. Indicate the name of the senior contact person, appropriate telephone and facsimile numbers, and acknowledge Respondent s ability to commit to the contents of the response and any other information the Respondent deems relevant. The letter should summarize the Proposal in three (3) pages or less. Indicate whether the Respondent operates as an individual, partnership, LLC, corporation, or other entity and what legal entity will be acquiring the Property. If applicable, include the state in which Respondent is incorporated or organized. If not Georgia, provide evidence of license to do business in Georgia. Section II- Project Vision (40 Points) Respondent s overall strategy for implementing and achieving the aforementioned objectives. Respondent s commitment to preserving the inherent character of the building. Alignment of project with other adjacent redevelopment activity and investment. Respondent s strategy for engaging the community in achieving project s objectives. Conceptual Site Plan, to include: o Circulation plan, including the location of all vehicular and pedestrian access ways o Floor plans that optimize spaces designed for families o Project renderings demonstrating key visual elements to include, but not limited to, enhanced open and common space Economic and fiscal impact projections, including cost estimates, number and types of jobs to be created, and total estimated taxes to the City of Cartersville at completion. Section III- General Information about the Respondent (20 points) The Respondent must identify the proposed entities that will comprise the development team. The list should identify the developer, contractor/builder, architect and any other entity that will assist in the proposed project. A statement of qualification and experience of each entity involved in the redevelopment process of the Property is required. Provide an organizational chart and information that clearly explains the ownership and management structure, relationship of each team member and their respective roles and contributions, as well as the project lead contact member(s) and decision-making hierarchy of the development team. Include resumes for all principals (ownership or financial interest > 10%) expected to be involved in the project, highlighting experience with developing, constructing and operating affordable and/or mixed-income, public-private development. 6

7 Provide a summary of any pending lawsuits, unsatisfied judgments and/or judgment liens currently filed against Respondent or any officer, owner, principal, employee, subsidiary or affiliate of the Respondent. Provide a statement of Respondent s experience in redeveloping projects similar in scope to the proposed project and/or operating similar properties as well as the Respondent s history, qualifications and financial capability for the past five years. For similar projects, include the project manager, scope of work, timetable, estimated/actual cost and percent of work for which Respondent was responsible, or of its proposed contractors. Include information on projects similar to the scope of said project proposed. Include the name, address, telephone number, point of contact, and description of the work performed for each such reference. Provide information on operating, running, or managing similar businesses, or of the intended use. Section IV- Financing Strategy (15 points) Provide details on the projected financing strategy, including: Sources and Uses - A Sources and Uses table which includes an estimate of the cost of the project along with all potential public or private financial sources; Development Budget - A development budget showing the project's total development costs, hard costs, and soft costs (architectural, engineering, legal and related fees); Financial Pro Forma - A narrative statement explaining the economic feasibility of the proposed development, together with a static Pro Forma of the initial operating revenue, and financial returns; and Respondent must identify required rates of return and estimated project returns by applicable phase and/or land use. Section V- Financial Capacity (20 points) Provide evidence of respondent s ability to obtain financing resources to carry out the proposal. Each respondent shall provide the following: Overview of the respondent s financial strength, including specific documentation of any resources that may be relied upon for completion of this project; Description of any financial commitments, and/or any preliminary letters of intent to include term sheets, bank lines of credit with available balances and bank statements documenting equity sources; and A list of any litigation matters the firm was involved in during the last five (5) years that may impact the respondent s ability to execute the potential services outlined in the RFP, including a description of any current, pending or threatened litigation involving the firm. 7

8 Section VI- Local Vendor Participation (5 points) A Local Vendor is one who meets all of the following requirements: The bidder or business must operate and maintain a regular place of business with a physical address within the corporate limits of the City; The bidder or business must at the time of bid or quotation submission, have a current city business tax certificate issued by the City; and The business owner must serve a commercially useful function, meaning performance of real and actual service in the discharge of any contractual endeavor. The contractor/vendor must perform a distinct element of work for which the business owner has the skills, qualifications and expertise, as well as the responsibility for the actual performance, management and supervision of the work for which he/she has been contracted to perform. TIMELINE AND DELIVERABLES The RFP can be picked up during the hours of 9:00 a.m. - 4:00 p.m. at the offices of The City Manager, City of Cartersville, 1 North Erwin Street, Cartersville, Georgia or on-line at Due Date/Time November 30, 2018 December 13, 11:00 am December 28, 3:00 pm January 3, 2019 January 18, 2:00 pm February 1, 2019 Action Required Release of RFP Open house site visit Inquiries regarding RFP due Responses to Respondents inquiries posted on the City of Cartersville s website Responses due to the City Manager Evaluation, Finalist subsequent site visit and Finalist Notification While the open house site visit (the Site Visit ) may be beneficial to a potential Respondent, the Site Visit is not mandatory for potential Respondents. QUALIFICATION CRITERIA Each proposer shall submit a summary of their qualifications and experience. Additional information such as agency brochures, resumes, etc. may be submitted as appropriate. The City is an Equal-Opportunity Employer. 8

9 EVALUATION & ACCEPTANCE OF STATEMENT OF QUALIFICATIONS The City reserves the right to reject any and all responses, to amend this RFP and the process itself, or to discontinue the process at any time. E-VERIFY AFFIDAVIT Provide notarized proof of compliance with Illegal Immigration Reform and Enforcement Act, O.C.G.A , et seq. (Appendix A) E-Verify. Respondents must comply with the Illegal Immigration Reform and Enforcement Act, O.C.G.A , et seq. All services physically performed within the State of Georgia must be accompanied by proof of your registration with the E-Verify Program, as well as verification of your continuing and future participation in the E- Verify program established by the United States Department of Homeland Security. A completed E-Verify Contractor Affidavit must be submitted to the City (Appendix A-1). To the extent there are subcontractors working on this contract, you are responsible for obtaining a fully signed and notarized subcontractor affidavit from those firms with whom you have entered into sub-contracts (Appendix A-2). In turn, should there be second tier subcontractors on this project, you must require the subcontractors to obtain E-Verify Affidavits from those second-tier subcontractors. TERMS AND CONDITIONS All proposals and supporting materials as well as correspondence relating to this RFP become property of the City when received. Any proprietary information contained in the Response should be so indicated. However, a general indication that the entire contents, or a major portion, of the proposal is proprietary will not be honored. A. All applicable State of Georgia and Federal laws, City and County ordinances, licenses and regulations of all agencies having jurisdiction shall apply to the Respondent and the redevelopment of the Property throughout and are incorporated herein. The contract with the Prospective Purchaser, and all questions concerning the execution, validity or invalidity, capability of the parties, and the performance of the contract, shall be interpreted in all respects in accordance with the laws of the State of Georgia. B. Professionals requiring special licenses must be licensed in the State of Georgia, and shall be responsible for those portions of the work as may be required by law. C. Sub-Contractors as part of the Project team must be clearly identified in the Response, including roles, resumes of key personnel and project references. D. No Response shall be accepted from, and no contract will be awarded to, any person, firm, LLC, corporation or other entity that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City. If requested, the Respondent shall be required to submit satisfactory evidence that they have the necessary financial resources to provide the proposed services. 9

10 E. From the date the City receives a Respondent s proposal through the date a contract is awarded to a Respondent, no Respondent may make substitutions, deletions, additions or other changes in the configuration of Respondent s proposal or members of Respondent s team. F. Proposer is responsible for determining and acknowledging any addenda issued in connection with this RFP. Addenda must be acknowledged in order for proposals to be considered. G. If the proposed bidder is bidding in conjunction with or a partnership involving a nonprofit entity or governmental agency, an authorizing resolution must be submitted with the Proposal detailing their relationship to the Project and financial involvement, if any. H. All proposals must be in compliance with O.C.G.A (1). INFORMATION AND INSTRUCTIONS FOR RFP s All proposals for the above will be received manually in the City Manager s Office, City of Cartersville, 1 North Erwin Street, Cartersville, Georgia for hand or express delivery; for standard mailed documents send to PO Box 1390, Cartersville, Georgia Proposals will be received until the event closing date on January 18, 2019 at 2:00 p.m. Proposals will be opened and the names of the Respondents will be publicly read. Proposals not received in the City Manager s Office by the time and date specified will not be considered. It is the Proposer s responsibility to ensure that the proposal is delivered to the City Manager s Office prior to the deadline for bids. Thank you for your interest in doing business with the City. PO Box 1390 Cartersville, Georgia Phone: Fax: SUBMISSION REQUIREMENTS Proposers are responsible for checking the website to obtain all amendments/addenda that may be issued to bid specifications. The City is not responsible for direct distribution of amendments/addenda posted on the website to all vendors who wish to submit a proposal. Acknowledgment of amendments/addenda will be made in the bidding process. The City cannot guarantee Internet Access, it is strongly recommended that you respond 24 hours prior to the event bid closing date and time. Any changes to the conditions and specifications must be in the form of a written amendment/addendum to be valid; therefore, the City will issue a written amendment/addendum to document all approved changes. Any bid submitted which does not acknowledge the receipt of an amendment/addendum will not be considered. 10

11 The complete original proposal must be submitted in a sealed package and received in accordance with the instructions detailed in the cover letter. All proposals shall be marked with event title and number. Proposers shall file all documents necessary to support their proposal and include them with their proposal. Proposers shall be responsible for the actual delivery of proposals during business hours to the address indicated in the cover letter. It shall not be sufficient to show that the proposal was mailed in time to be received before scheduled closing time. HOW TO SUBMIT BID PROPOSALS It is recommended all proposers submit responses as early as possible to avoid responses not being received on time. All proposals, if required to be submitted manually, shall be: (A) Submitted in a sealed opaque envelope, plainly marked with the event number and title of proposal as previously listed. (B) Mailed or delivered as follows in sufficient time to ensure receipt by the City Manager s Office on or before 2:00 p.m. on January 18, 2019: (1) US Postal Service Standard Mailing Address: City Manager, City of Cartersville PO Box 1390 Cartersville, GA (2) Hand or Overnight/Express Delivery Address: City Manager, City of Cartersville 1 North Erwin Street Cartersville, GA (3) Proposals unable to be mailed, express mailed or hand delivered by the time indicated may be faxed as a last resort to the City Manager the day of the closing date at the proposer s own risk. The fax number is Proposers are cautioned to verify receipt of the fax transmission by calling the main office phone number at The time of receipt is based upon the proposal being received prior to closing date and time stamped at the City Manager s Office. No other time stamp, i.e. fax machine time, will be accepted. (4) Proposals not received in the City Manager by the time and date specified in the first paragraph of the letter will not be opened. RESPONSIBILITY OF THE PROPOSER It is the sole responsibility of the proposer to assure that it has received this entire RFP. AMENDMENTS/CHANGES TO THE RFP Proposers will be notified by an amendment to this proposal via their preferred method of notification of any change in the specifications contained in this RFP. No verbal or written information which is obtained other than through this RFP or its amendments shall be binding on the City. No employee of the City is authorized to interpret any 11

12 portion of this RFP or give information as to the requirements of this RFP in addition to that contained in or amended to this written RFP document. RIGHT OF REJECTION AND CLARIFICATION The City reserves the right to reject any and all proposals and to request clarification of information from any proposer. The City is not obligated to enter into a contract on the basis of any proposal submitted in response to this document. REQUEST FOR ADDITIONAL INFORMATION Prior to the final selection, proposers may be required to submit additional information which the City may deem necessary to further evaluate the proposer's qualifications. DENIAL OF REIMBURSEMENT The City will not reimburse proposers for any costs associated with the preparation and submittal of any proposal, or for any travel and/or per diem costs that are incurred. GRATUITY PROHIBITION Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City for the purpose of influencing consideration of this proposal. RIGHT OF WITHDRAWAL A proposal may not be withdrawn before the expiration of ninety (90) days from the proposal due date. RIGHT OF NEGOTIATION The City reserves the right to negotiate with the selected proposer the exact terms and conditions of the contract. The proposer 's obligation to indemnify the City under this Section shall not be limited in any way by the agreed-upon contract price or to the scope and amount of coverage provided by any insurance maintained by the proposer including, without limitation to, the insurance required to be maintained by the proposer. RIGHT OF REJECTION OF LOWEST FEE PROPOSAL The City is under no obligation to award this project to the Proposer offering the lowest fee proposal. Evaluation criteria included in this document shall be used in evaluating proposals. EXCEPTIONS TO THIS RFP Proposers may find instances where they must take exception with certain requirements or specifications of this RFP. All exceptions shall be clearly identified, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the City, and a description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions. 12

13 INDEMNIFICATION The Proposer shall indemnify and save harmless, the City from and against all losses and all claims, demands, payment, suits, actions, recoveries, and judgements of every nature and description brought or recovered against it by reason of any act or omission of the said Proposer, its agents or employees, in execution of the work or in the guarding of it, and the Proposer agrees to defend the City from any claims, suits, and actions brought against the City by reason of any act or omission of the said Proposer to the extent permitted by law. RIGHTS TO SUBMITTED MATERIAL All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, and other documentation submitted by proposers shall become the property of the City when received. SUBMITTAL OF QUALIFICATIONS Proposers should submit experience and qualifications as described in the above paragraphs of this RFP. Additional information may be submitted as appropriate to further describe proposer and provide product capabilities. CONTRACT The contract between the City and the proposer shall consist of (1) this RFP and any amendments thereto, and (2) the proposal submitted by the proposer in response to this RFP. In the event of a conflict in language between the two documents referenced above, the provisions and requirements set forth and/or referenced in this RFP shall govern. However, the City reserves the right to clarify any contractual relationship in writing with the concurrence of the proposer, and such written clarification shall govern in case of conflict with the applicable requirements stated in this RFP or the proposal. In all other matters not affected by the written clarifications, if any, this RFP shall govern. TERMINATION OF CONTRACT FOR CAUSE The City may cancel the contract at any time for breach of contractual obligations by providing the proposer with a written notice of such cancellation. Should the City exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the proposer. If through any cause, the proposer fails to fulfill in a timely and proper manner its obligations under this contract, or if the proposer violates any of the covenants, agreements, or stipulations of this contract, the proposer shall be considered in breach of this contract and the City may thereupon give written notice of default to the proposer and allow the proposer seven (7) calendar days from such notice to cure such default. After notice, the City shall have the right to terminate this contract by giving written notice to the proposer of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. The proposer shall continue the performance of this contract to the extent any part is not terminated under the provisions of this clause. 13

14 TERMINATION OF CONTRACT FOR CONVENIENCE Each party to the contract shall have the right to terminate the contract made hereunder for its convenience by giving the other party written notice 30 days in advance of its election to do so and by specifying the effective date of such termination. TERMINATION OF CONTRACT FOR LACK OF FUNDING The obligation of the City for payment to the proposer is limited to the availability of funds appropriated in a current fiscal period. The continuation of the contract into a subsequent fiscal period is subject to the appropriation of funds, unless otherwise authorized by law. PROTEST PROCEDURE A proposer who is aggrieved by the recommendation of the City Manager to award a contract may appeal the decision to the City Manager no later than 48 hours prior to the date the award recommendation is scheduled to be approved by City Council (the "Council"). Recommendations to Council are posted on the preliminary agenda on the City s website generally on the Wednesday prior to the Council meeting date. It is the proposer s responsibility to ascertain the City s recommendation for award. The preliminary agenda may be accessed at: No consideration shall be given to protests received after the prescribed period for protests. COMPLIANCE WITH LAWS In connection with the furnishing of supplies or performance of work under the contract, the proposer agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal and State laws, regulations, and executive orders to the extent that the same may be applicable and further agrees to insert the foregoing provision in all subcontracts awarded hereunder. Proposers certify that all equipment, services and or goods provided to the City comply with the Department of Justice ADA Title III Regulations. GEORGIA OPEN RECORDS ACT The responses will become part of the City's official files without any obligation on the City s part. Ownership of all data, materials and documentation prepared for and submitted to the City in response to a solicitation, regardless of type, shall belong exclusively to the City of Cartersville and will be considered a record prepared and maintained or received in the course of operation of public office of agency and is subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated , et Seq., unless otherwise provided by law. 14

15 DEBARMENT AND SUSPENSION REQUIREMENT By submitting a proposal, the proposer certifies that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by any government entity (Federal, State, or local) with the commission of any of the offenses enumerated in paragraph (b); and d) Have not within a three-year period preceding this event had one or more public transactions (Federal, State, or local) terminated for cause or default. The proposer will be verified against the General Service Administration (GSA) debarred list at GSA s website GEORGIA OPEN RECORDS ACT Those intending to respond to this event, their employees, agents and attorneys, shall not make contact with City Council members, or with City staff outside of the City Manager s Office regarding this event during the bidding process and evaluation phase. Meetings MEETING DESCRIPTION LOCATION DATE REQUIRED Pre-proposal December 13, 2018 No 10:00 a.m. A pre-proposal meeting has been scheduled to address any questions and/or issues that may have arisen. You are invited to attend Council Chambers City Hall 3 rd Floor 15

16 PROFESSIONAL SERVICES INSURANCE REQUIREMENT Statutory Worker s Compensation Insurance Comprehensive General Liability Insurance - $2,000,000 limit of liability per occurrence for bodily injury and property damage Professional Liability Insurance $1,000,000 limit per occurrence / $2,000,000 per aggregate GENERAL INSURANCE REQUIREMENTS Comprehensive General Liability Contractor shall carry comprehensive general liability on an occurrence with no x, c, or u exclusions with the following minimum limits: Each occurrence - $1,000,000 Damage to Rented Premises - $50,000 Medical Expenses - $5,000 Personal and Adv Injury - $1,000,000 General Aggregate - $2,000,000 Products Completed Ops. Aggregate - $2,000,000 General aggregate shall apply on a per project basis. Contractor shall provide a Certificate of Insurance reflecting required coverage. A waiver of subrogation endorsement to policy in favor of the City shall also be provided and attached to the Certificate. A (30) day notice of cancellation in favor of the City must be endorsed to policy and attached to the Certificate. Commercial Automobile Liability The automobile policy must include overage for owned, non-owned and hired automobiles: Minimum limits are $1,000,000 Contractor will provide a Certificate of Insurance reflecting required coverage. A waiver of subrogation endorsement to the policy in favor of the City shall also be provided and attached to the Certificate. A (30) day notice of cancellation in favor of the City must be endorsed to policy and attached to the Certificate. 16

17 Worker s Compensation Contractor shall carry a worker s compensation policy including all statutory coverage required by Georgia State Law with the minimum employer s liability limits: $500,000 each accident $500,000 each employee (disease) $500,000 policy limit (disease) Contractor shall provide a Certificate of Insurance reflecting required coverage. A waiver of subrogation endorsement to the policy in favor of the City shall also be provided and attached to the Certificate. A (30) day notice of cancellation in favor of the City must be endorsed to policy and attached to the Certificate. Umbrella/Excess Liability Contractor shall carry an umbrella/excess liability policy which must follow form over underlying policies: general, liability, auto liability and employer s liability Minimum Limits: $1,000,000 per occurrence $1,000,000 aggregate Contractor will provide a Certificate of Insurance reflecting required coverage. A waiver of subrogation endorsement to the policy in favor of the City shall also be provided and attached to the Certificate. A (30) day notice of cancellation in favor of the City must be endorsed to policy and attached to the Certificate. General All insurance shall be placed with Georgia admitted carries with a current Best rating of A (minus), X, or better. Any modifications to specifications must be approved by the City. 17

18 APPENDIX A-1 CONTRACTOR AFFIDAVIT UNDER O.C.G.A (b)(1) By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A , et seq. (the Act ) and Chapter of the Rules of Georgia Department of Labor (the Rules ), stating affirmatively that the individual, firm, LLC, corporation, or other entity which is engaged in the physical performance of services on behalf of The City: (1) has registered with; (2) is authorized to use; (3) is using; and (4) will continue to use throughout the contract period a federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicability provisions and deadlines established in the Act and the Rules. The undersigned contractor further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with The City of which this affidavit is a part, the undersigned contractor will secure from such subcontractor(s) similar verification of compliance with the Act and the Rules through the subcontractor s execution of the subcontractor affidavit provided below. The undersigned contractor further agrees to provide a copy of each such affidavit to The City at the time the subcontractor(s) is retained to perform such services and to maintain copies of all such affidavits for no less than five (5) years from the date provided to The City and otherwise maintain records of compliance with the Act and the Rules as required. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Employment Eligibility Verification (E-Verify) User Identification Number Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. BY: Authorized Officer or Agent Date Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent Sworn to and subscribed before me This day of, 201 Notary Public My commission expires: 18

19 APPENDIX A-2 SUBCONTRACTOR AFFIDAVIT UNDER O.C.G.A (b)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A (the Act ) and Chapter of the Rules of Georgia Department of Labor (the Rules ), stating affirmatively that the individual, firm, LLC, corporation, or other entity which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of The City: (1) has registered with; (2) is authorized to use; (3) is using; and (4) will continue to use throughout the contract period a federal work authorization program known as E-Verify, or any subsequent replacement program, in accordance with the applicability provisions and deadlines established in the Act and the Rules. The undersigned subcontractor further agrees that it will contract for the physical performance of services in satisfaction of the Contract only with sub-subcontractors who present an E-Verify Affidavit to the undersigned subcontractor with the information required by the Act and the Rules. The undersigned subcontractor will forward notice of the receipt of an E-Verify Affidavit from a sub-subcontractor to the Contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an E-Verify Affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the Contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Employment Eligibility Verification (E-Verify) User Identification Number Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. BY: Authorized Officer or Agent Date Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent Sworn to and subscribed before me This day of, 201 Notary Public My commission expires: 19

20 NON-DISCRIMINATION STATEMENT The bidder certifies that: (1) No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin, or gender in connection with any bid submitted to the City of Cartersville or the performance of any contract resulting therefrom; (2) That it is and shall be the policy of this company to provide equal opportunity to all business persons seeking to contract or otherwise interested in contracting with this company, including those companies owned and controlled by racial minorities, cultural minorities, and women; (3) In connection herewith, we acknowledge and warrant that this company has been made aware of, understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this company; (4) That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; (5) That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this company may hereafter obtain; and (6) That the failure of this company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Cartersville to declare the contract in default and to exercise any and all applicable rights and remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and/or forfeiture of compensation due and owing on a contract. Signature Title 20