REQUEST FOR PROPOSALS TO PROVIDE ARCHITECTURAL, ENGINEERING AND ADMINISTRATIVE CONSTRUCTION SERVICES LOCATION

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1 REQUEST FOR PROPOSALS TO PROVIDE ARCHITECTURAL, ENGINEERING AND ADMINISTRATIVE CONSTRUCTION SERVICES LOCATION HISTORIC GAINES HALL 643 MARTIN LUTHER KING JR. DRIVE FOR THE ATLANTA DEVELOPMENT AUTHORITY d/b/a INVEST ATLANTA ATLANTA, GEORGIA December 14, 2015

2 TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Purpose 1.2 Mandatory Pre-Bid Onsite Meeting and Submittal Deadline 1.3 Professional Fee 1.4 Inquiries 2.0 GENERAL INSTRUCTIONS 2.1 Detailed Scope of Work 3.0 EVALUATION METRICS 3.1 Proposal Format 3.2 Qualification Criteria 3.3 Selection Process 3.4 Terms and Conditions 3.5 Insurance Requirements 3.6 Additional Reference Materials EXHIBITS Exhibit A - Proposal Fee Form 643 Martin Luther King Jr, Drive Exhibit B1 and B2 Performance Bond and Payment Bond Exhibit C Bid Bond Exhibit D Affidavit of Non-Collusion 2

3 1.0 INTRODUCTION 1.1 Purpose The Atlanta Development Authority d/b/a Invest Atlanta, ( Invest Atlanta ) is soliciting responses to this Request for Proposals ( RFP ) from interested and qualified firms or individuals wishing to serve as Project Manager for interior demolition, stabilization and securing a contractor (the Contractor ) for 643 Martin Luther King, Jr. Drive, Atlanta, Georgia, also known as Gaines Hall, located in the Westside Tax Allocation District (the "Westside TAD") in the City of Atlanta, Georgia (the "Project"). Invest Atlanta is an independent public authority created by virtue of the Development Authorities Law and activated by the City of Atlanta (the "City") and under the Redevelopment Powers Law, the City has designated Invest Atlanta as the City s redevelopment agency for each Tax Allocation District ( TAD ) to, among other things, implement the initiatives for each TAD as set forth in their respective redevelopment plans. 1.2 Mandatory Onsite Meeting and Submittal Deadline A mandatory onsite meeting for all potential respondents will be held at the Project site so that potential respondents may view the proposed worksite. Invest Atlanta will provide two (2) opportunities for potential respondents to attend a mandatory onsite meeting. Potential respondents must attend one of the mandatory onsite meetings on either of the following dates: December 16, 2015 at 1:00 p.m. or December 17, 2015 at 1:00 p.m. All respondents are required to attend this meeting or their proposal will not be accepted. All responses to this RFP must be submitted in hard copy (one original and three copies) and on CD in Adobe Acrobat format by no later than 5:00 p.m., on December 30, 2015 (each, a Proposal ). Submittals received after this time and date will not be considered. Please address the submittal to: 1.3 Professional Fee Sonya Harris, Asset Management Specialist Invest Atlanta 133 Peachtree Street, Suite 2900 Atlanta, Georgia While the Contractor will be asked to provide an estimated lump sum fee for the Project, per the Proposed Fee Form attached hereto as Exhibit A and incorporated herein by this reference, final fees will be negotiated following the selection of the Contractor. If fee negotiations with the firm determined most qualified are not successful, and/or the fees discussed are outside the budgetary 1

4 constraints for the project, Invest Atlanta reserves the right to suspend negotiations with the most qualified firm, and proceed to the consideration of other firms. The Contractor will also be expected to provide a summary of assumptions used to determine its fee, including, but not limited to team, hours and resources required from Invest Atlanta. 1.4 Inquiries Prospective respondents are strongly encouraged to submit inquiries regarding this RFP by to: Sonya Harris, Asset Management Specialist Invest Atlanta 133 Peachtree Street, Suite 2900 Atlanta, Georgia Only inquiries received in writing will receive a response. All such written inquiries must be delivered by 5:00 p.m., on December 18, INVEST ATLANTA will publish a response to all inquiries on its website (www.investatlanta.com) on or before December 23, DETAILED SCOPE OF WORK 2.1 Summary of Scope of Work 1. Provide skilled expertise as Project Manager to oversee the securing, assuring and protection of Historic Gaines Hall located at 643 MLK Drive. 2. Obtain all necessary permits 3. Assist the General Contractor in creating a comprehensive set of interior demolition plans to be approved by Invest Atlanta. 4. Provide oversight of the entire construction project to ensure that the site is stabilized with careful attention to historic preservation. 5. Provide a fully engineered set of plans for the stabilization of the historic brick structure. Stabilization shall be based on existing engineering plans. Stabilization shall include the bracing and stabilizing of the brick walls only. No roof, floors or fire stair enhancements will be required for stabilization and therefore shall not be included in the plans. 2

5 6. Provide a Construction Monitoring Report with each monthly pay request to include photos, project notes, meeting notes and essential updates. 7. Assist in general contractors bidding process. 8. Assistance and execution of contract with general contractors. 9. Weekly site visit to inspect the work. 10. Review of contractor shop drawings and submittals. 11. Review of contractor pay request. 12. Substantial completion inspection. 13. Provide a detailed final inspection report. 3.0 EVALUATION METRICS 3.1 Proposal Format Invest Atlanta will convene an Evaluation Committee to evaluate each Proposal properly submitted by an organization or individual (each, a Respondent ). At the discretion of Invest Atlanta, follow up interviews may be conducted with the highest ranking Respondents as recommended by the Evaluation Committee prior to Invest Atlanta making a final selection of the successful Contractor. Submittals must include 1 original, 3 hard copies and one CD containing the proposal in Adobe Acrobat format. Every effort should be made to make proposals as concise as possible. The body of the submittal shall include a maximum of twenty (20) pages although the firm/team should not feel compelled to fill the 20-page allowance. An appendix of no more than 15 pages in length may also be provided with materials highlighting previous work and resumes. All Proposals must be submitted in the following tabbed format: Section I Cover Letter Name, address and telephone number of the firm (or firms) submitting the qualification statement Summary of the firm s interest in the project, and the name of one or more individuals authorized to represent the firm in its dealings on a contractual basis. Section II Corporate Information (15 points) History of the firm, including present ownership and key management individuals. Describe any anticipated or recent changes in overall corporate management ownership. Location of corporate headquarters and other divisional offices. Specify which office or offices will be involved in this project. Include contact names, addresses and phone numbers. A company organization chart showing authority structure and depth of resources. 3

6 Resumes of any personnel anticipated to be assigned to the Project. List any litigation the firm was involved in during the last five (5) years. List any current, pending or threatened litigation and provide a description. A disclosure statement listing all potential conflicts of interest related to this project. This disclosure statement must be addressed specifically in your Proposal, even if no conflict exists. A current audited balance sheet and income statement. An overview of the firm s relationships with female business enterprises, minority business enterprises or small business enterprises. Please indicate if any proposing firm or joint venture partner is certified under any of these categories by the City. Section III Experience (40 points) The firm s current experience with historic preservation (with a demonstration of specific knowledge and expertise in interior demolition, securing, assuring and protecting) and project management of similar projects of significant historic preservation. The firm s current annual project volume and average volume during the past five (5) years. Provide details of past experiences, references for similar work, planning/budget/schedule activities, public engagement experience, talents applicable to respective service to be provided, documentation method, project tracking method and work product delivery methods that have proven successful. Also, include any experience or work completed on behalf of the City, Invest Atlanta, Atlanta Development Authority, Atlanta BeltLine, Inc., Urban Residential Finance Authority of the City of Atlanta, Georgia ( URFA ), BeltLine Partnership, etc. Provide the following information for no more than five (5) current or recently completed projects: o Project Name o Project Location o Project Scope and Description o Project Methodology (specifically including deconstruction and methods and actual percentages realized) o Contract Amount o Contract Type: (i.e., lump sum, guaranteed maximum price, etc.) o Actual or Expected Completed Date o Detailed description of the scope and results of such services o Actual Duration o Members from Project that will be assigned to Invest Atlanta Provide a list of three references from the agencies listed including the agency name, address, contact name, phone number and address for each reference. Provide information regarding any accounts from which the Respondent was terminated for cause within the last three (3) years including the reason for the termination. Section IV Proposed Team and Approach to Project (20 points) 4

7 Identify proposed services, including firm s capabilities and anticipated approach to the work plan review. [Specify what work plan is referenced here] Identify the strategy by which the Respondent plans to maximize reuse and to meet or exceed goals. Please describe the tools, methodologies and frameworks the Contractor will use. Section V Cost Proposal (25 points) The submittal should include the Respondent s best estimate of a lump-sum ( not to exceed ) fee, including an allowance for reimbursable, for the project using the Proposed Fee Form. The Respondent should also provide a summary of any assumptions used to determine its fee, including but not limited to team (and their rates), hours, deliverables, required resources, etc. The Respondent should also outline what personnel access may be required (i.e., interviews, surveys, etc.) from the City, INVEST ATLANTA, etc. Section VI Affidavit of Non-Collusion Each submittal shall include an executed Affidavit of Non-Collusion on the form attached hereto as Exhibit F and incorporated herein by this reference. 3.2 Qualification Criteria Invest Atlanta encourages, but does not require, all Proposers to promote opportunities for diverse businesses, including Minority and Female Business Enterprises ( MFBE ) and Small Business Enterprises ( SBE ) as certified by the City s Office of Contract Compliance to compete for business as subcontractors and/or suppliers. However, nothing herein should indicate that an MFBE or SBE may independently submit a Proposal in response to this RFP and be selected, as MFBEs, and SBEs that meet the qualifications of this RFP are encouraged to submit their qualifications for consideration. For an MFBE or SBE to participate on this Project, said MBE, FBE or SBE must meet the certification qualifications outlined in the City s Code of Ordinances and must be registered with the City s Office of Contract Compliance as a certified MFBE or SBE prior to the submittal of a Proposal in connection with this RFP. Invest Atlanta is an Equal-Opportunity Employer. 3.3 Selection Process Once Proposals are reviewed and scored, a short list will be compiled by Invest Atlanta. Interviews may be conducted with the firm(s) determined to be the most qualified and additional information may be required at that time. Negotiations will begin with the firm(s) determined to be the most qualified. Selected firm(s) must be prepared to enter negotiations for services outlined in this RFP. Invest Atlanta reserves the right to reject any and all Proposals, to amend the Request for Proposals and the process itself, or to discontinue the process at any time. 5

8 3.4 Terms and Conditions All Proposals and supporting materials as well as correspondence relating to this RFP become property of Invest Atlanta when received. Any proprietary information contained in the submittal 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, the Contractor and Project throughout and are herein incorporated. The Agreement with the Contractor, and all questions concerning the execution, validity or invalidity, capability of the parties, and the performance of the Agreement, 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 submittal, including roles, resumes of key personnel and project references. D. No submittal shall be accepted from and no contract will be awarded to any person, firm, or corporation that is in arrears to Invest Atlanta, the Urban Residential Finance Authority of the City of Atlanta, Georgia or the City upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to Invest Atlanta, URFA or the City that is deemed irresponsible or unreliable by Invest Atlanta, URFA or the City. If requested, the Contractor or proposed Sub-Contractor shall be required to submit satisfactory evidence that they have the necessary financial resources to provide the proposed services. E. From the date Invest Atlanta receives a Respondent s Proposal through the date a contract is awarded to a Contractor(s), no Respondent may make substitutions, deletions, additions or other changes in the configuration of Respondent s Proposal or members of Respondent s team. 3.5 Insurance Requirements A. Statutory Worker s Compensation Insurance B. Comprehensive General Liability Insurance of $2,000,000 limit of liability per occurrence for bodily injury and property damage C. Professional Liability Insurance Professional Liability Insurance Limit $1,000,000 per Occurrence / $2,000,000 per aggregate, with the following stipulations: Insurance company must be authorized to do business in the State of Georgia Dedicated Limits per Project site or Location (CG or CG or some other form) Additional insured shall be shown as: Invest Atlanta and the City of Atlanta 6

9 The cancellation provision should provide 30 days notice of cancellation. Insurance Company, except Worker s Compensation carrier, must have an A.M. Best Rating of A-6 or higher. Certain Worker s Comp funds may be acceptable by the approval of the Risk Management Division. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best s rating of A-6 or better. Insurance Company must be licensed to do business by the Georgia Department of Insurance. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and if applicable, project/bid number. The Contractor shall agree to provide complete certified copies of current insurance policies if requested to verify the compliance with these insurance requirements. All insurance coverage required to be provided by the Contractor will be primary over any insurance program carried by Invest Atlanta or the City. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required insurance shall be procured and maintained by Contractor at Contractor s expense. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Invest Atlanta as to form and content has been filed. The Accord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute. The Contractor shall agree to waive all rights of subrogation against Invest Atlanta, the City of Atlanta, their officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for Invest Atlanta. The Contractor shall make available, through its records or records of their Insurer, information regarding a specific claim. Any loss run information available from the contractor or their insurer will be made available to Invest Atlanta upon their request. D. Surety Bonds a. The Contractor shall furnish a Payment Bond and a Performance Bond to Invest Atlanta in an amount equal to 100% of the contract amount in the Agreement. b. Invest Atlanta and City of Atlanta shall be named as Co-Obligees on all bonding. c. Any surety bond submitted in accordance with the Proposal or Agreement requirements must be issued by a corporate surety company satisfactory to Invest Atlanta and the City of Atlanta, and be authorized to act as such in the State of Georgia. d. Such bonds shall conform to the forms provided in Exhibit B-1 and B-2 and be 7

10 completed in accordance with the instructions thereon. e. In accordance with Georgia law, and upon award of the Agreement, separate performance and payment bonds shall be required of the successful Contractor each in an amount not less than the total amount payable under the Agreement. The performance bond shall remain in effect for one (1) year after final acceptance of the Work or the guaranty period under the Agreement, whichever is the larger. f. The payment bond shall remain in effect for the period required under Georgia law for the payment bonds on public construction agreements. Reference is made to the bond forms for additional particulars of the terms required in the bonds. In the case of any inconsistency between the Bond Forms and Georgia law, the law shall control. Finally, alterations, extension of the time allowed for performance, extra and additional Work, and other changes authorized under the Agreement may be made without notice to or consent of the surety or sureties. E. Bid Bonds Each Respondent shall submit with its proposal a bid bond in accordance with Georgia law and in the form attached hereto as Exhibit C and incorporated herein by this reference. The bid bond shall be in the amount equal to five percent (5%) of the Respondent s proposed fee. 3.6 Additional Reference Materials All Respondents are hereby advised that the following named documents are appendices to this RFP (the Appendices ) and by this reference the Appendices are herein incorporated. The Appendices are available electronically on Invest Atlanta s website (www.investatlanta.com) under the link Atlanta.com/Invest AtlantaInitiatives/rfpRFQ.jsp. PLEASE BE ADVISED THAT NO RESPONDENT OR POTENTIAL RESPONDENT SHALL HAVE THE RIGHT TO RELY ON THE INFORMATION CONTAINED IN THE APPENDICES; THE APPENDICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY! 8

11 EXHIBIT A INVEST ATLANTA PROPOSAL FEE FORM INTERIOR DEMOLITION OF 643 MARTIN LUTHER KING JR., DRIVE INVEST ATLANTA PROPOSED FEE FORM SCOPE OF WORK: STRUCTURE STABILIZATION LOCATION: HISTORIC GAINES HALL 643 MARTIN LUTHER KING DRIVE Line Task Item 1 Mobilization 2 Erosion Control/Dust Control/ Perimeter Security 3 Cap and Abandon Site Utilities 4 Obtain City of Atlanta Demolition Permit 5 Obtain GDOT Encroachment Permit 6 Hazardous Material Removal and Disposal 7 Building Demolition and Disposal Phase I 8 Building Demolition and Disposal Phase II 9 Site Grading and Basement Backfill 10 Site Stabilization (mulch only) 11 Sidewalk and Landscape Construction Sub-Total Note: Labor Cost Building Demolition includes developing and implementing Demolition Recycling and Disposal Plan Material Cost Total Total Cost 9

12 STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that EXHIBITS B1 INVEST ATLANTA PERFORMANCE BOND (Name of Contractor) (Address of Contractor) a (corporation, partnership or individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto The Atlanta Development Authority (ADA) 86 Pryor Street SW Suite 300 Atlanta, GA City of Atlanta Department of Parks, Recreation, and Cultural Affairs Peachtree Center, Harris Tower 233 Peachtree Street, 17th Floor Atlanta, GA Hereinafter referred to as Obligee are held and firmly bound unto said Obligee and all persons doing work or furnishing shill, tools, machinery, supplies, or material under or for the purpose of the Contract referred to, in the penal sum of Dollars ($ ) is in lawful money of the United states, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well, truly, fully and faithfully perform said contact according to its terms, covenants, conditions, and agreements of said contract during the original tem of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, 1

13 conditions and agreement of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder. PROVIDED, FURTHER, that Principal and surety agree and represent that this bond is executed pursuant to and in accordance with the provisions of the Official Code of Georgia Annotated, as Amended, including but not limited to, O.C.G.A. Section and O.C.G.A et. Seq., and is intended to be and shall be construed as a bond in compliance with the requirements thereof. IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of, 20. ATTEST: (Principal) (Principal Secretary) (SEAL) (Witness to Principal) By: ATTEST: (Resident Agent) (SEAL) (Surety) By: (Attorney-in-Fact) (Witness to Surety) 2

14 EXHIBIT B2 INVEST ATLANTA PAYMENT BOND STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that (Name of Contractor) (Address of Contractor) a (corporation, partnership or individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto The Atlanta Development Authority d/b/a Invest Atlanta 133 Peachhtree Street, Suite 2900 Atlanta, GA City of Atlanta Department of Parks, Recreation, and Cultural Affairs Peachtree Center, Harris Tower 233 Peachtree Street, 17th Floor Atlanta, GA Hereinafter called the Obligee for the use and protection of all subcontractors and all persons supplying labor, services, skill, tools, machinery, materials and/or equipment in the prosecution of the work provided for in the contract hereinafter referred to in the full and just sum of Dollars ($ ) is in lawful money of the United states, for the payment of which sum will and truly be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 3

15 The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well, truly, fully and faithfully perform said contact according to its terms, covenants, conditions, and shall promptly pay all persons furnishing labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract, then this obligation shall be void; otherwise it shall remain in full force and effect. ALL persons who have furnished labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract shall have a direct right of action on this Bond, provided payment has not been made in full within ninety (90) days after the last day on which labor was performed, materials, services, skill, tools, machinery, and equipment furnished or the subcontract completed. PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder. PROVIDED, HOWEVER, that no suit or action shall be commenced hereunder by any person furnishing labor, materials, services, skill, tools, machinery, and/or equipment having a direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the Principal: Unless such person shall have given notice to the Principal within ninety (90) days after such person did, or performed the last of the work or labor, or furnished the last of the materials, services, skill, tools, machinery and/or equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, services, skill, tools, machinery and/or equipment were furnished, or for whom the work or labor was done or performed. Such a notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer, and a copy of such notice shall be delivered to the Obligee, to the person and at the address provided for in the Contract, within five (5) days of the mailing of the notice to the Principal. PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year after the acceptance of the public works covered by the Contract by the proper authorities. PROVIDED, FURTHER, that Principal and surety agree and represent that this bond is executed pursuant to and in accordance with the provisions of the Official Code of Georgia Annotated, as Amended, including but not limited to, O.C.G.A. Section and O.C.G.A. Section et. Seq., and is intended to be and shall be construed as a bond in compliance with the requirements thereof. 4

16 (Signatures Next page) 5

17 IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of, 20. ATTEST: (Principal) (Principal Secretary) (SEAL) (Witness to Principal) By: ATTEST: (Surety) By: (Attorney-in-Fact) (Resident Agent) (SEAL) (Witness to Surety) 6

18 Exhibit C INVESTA ATLANTA BID BOND STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that (Name of Contractor) (Address of Contractor) a (corporation, partnership or individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto The Atlanta Development Authority (ADA) 133 Peachtree Street Suite 2900 Atlanta, GA City of Atlanta, Georgia 55 Trinity Avenue Suite 1790 Atlanta, GA Thereinafter referred to as Co-Obligees or Owner in the penal sum of Dollars ($ ) in lawful money of the United states, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted to The Atlanta Development Authority a Proposal to provide materials, labor and equipment for 298 Martin Luther King Jr. Drive (A.K.A. Marzetti Building) Building Demolition WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder s check otherwise required to accompany this Proposal. 7

19 NOW, THEREFORE, the conditions of this obligation are such that if the Fee Proposal be accepted, the Contractor shall, within ten (10) days after receipt of conformed agreement documents, execute an agreement in accordance with the Fee Proposal upon the terms, conditions and prices set forth therein, and in the form and manner required by the contract documents and executed sufficient and satisfactory separate Performance and Payment Bonds payable to the Owner each in the amount of 100% of the total contract price, in form and with security satisfactory to said Owner, then this amount of five percent (5%) of the total proposed fee amount in form satisfactory to the Owner, then this obligation shall be void; otherwise, it shall be and remain if full force and effect in law; and the Surety shall, upon failure of the Contractor to comply with any and all of the foregoing requirements with the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. This bond is given pursuant to and in accordance with the provision of O.C.G.A. Section and O.C.G.A. Section et. seq. and all of the provisions of the law referring to this character of bond as set forth in said Sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full. IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of, 20. ATTEST: (Principal) (Principal Secretary) (SEAL) (Witness to Principal) By: ATTEST: (Surety) By: (Attorney-in-Fact) 8

20 (Resident Agent) (SEAL) (Witness to Surety) 9

21 EXHIBIT D STATE OF COUNTY OF AFFIDAVIT OF NON-COLLUSION HISTORIC GAINES HALL 643 MARTIN LUTHER KING JR. DRIVE being first duly sworn, deposes and says that he/she is (sole owner, partner, president, secretary, etc.) the party making the foregoing Proposal; that such Proposed Fee is genuine and not collusive; that said Respondent has not colluded, conspired, connived, or agreed, directly or indirectly, with another Respondent or person, to put in a sham Proposal, or that such other person shall refrain from responding to the Request for Proposals, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference, with any person to fix the Contract Price of affiant or any other Respondent, or to fix any overhead, profit, or cost element of said Contract Price, or of that of any other Respondent, or to secure an advantage against The Atlanta Development Authority or any other person interested in the proposed Contract; and that all statements contained in said Proposal are true, and further, that such Respondent has not directly or indirectly submitted this Proposal, or contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. (Affiant) Subscribed and Sworn to before me this Day of 2011 (Notary Public in and for) _ (County) My Commission expires, 20 (SEAL) 10

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