23ITB122123K_DB.pdf

INVITATION TO BID #23ITB122123K-DB

Demolition Services for the Super Inn Hotel and the Executive Inn Hotel

For

DEPARTMENT OF REAL ESTATE AND ASSET

MANAGEMENT

BID ISSUANCE DATE: Wednesday, January 24th, 2024 BID DUE DATE AND TIME: Wednesday, March 6th, 2024 @ 11:00 A.M.

PRE-BID CONFERENCE: Wednesday, February 14th, 2024 @ 10:30 A.M.

PURCHASING CONTACT: Darlene A. Banks at (404) 612-7879 E-MAIL: darlene.banks@fultoncountyga.gov

LOCATION: FULTON COUNTY GOVERNMENT

DEPARTMENT OF PURCHASING & CONTRACT COMPLIANCE

130 PEACHTREE STREET, S.W., SUITE 1168

ATLANTA, GA 30303

mailto:darlene.banks@fultoncountyga.gov

TABLE OF CONTENTS

Invitation to Bid

Owner-Contractor Agreement – Sample Contract

Section 1 - Instructions to Bidders

1. Contract Documents

2. Bid Preparation

3. Receipt and Opening of Bids

4. Addenda and Interpretations

5. Site Examination

6. Bidder’s Modification and Withdrawal of Bids

7. Bid and Contract Security

8. Surety Bonds

9. Insurance Requirements

10. Right to Reject Bids

11. Applicable Laws

12. Examination of Contract Documents

13. Bid Evaluation

14. Award Criteria

15. Disqualification of Bidders

16. Basis of Award

17. General Contractor’s License

18. Professional Licenses

19. Wage Clause

20. Notice of Award of Contract

21. Execution of Contract Documents

22. Payment Terms

23. Equal Employment Opportunity (EEO) in Purchasing and Contract Compliance

24. Joint Venture

25. Non-Collusion

26. Georgia Security and Immigration Compliance Act

27. Term of Contract

28. No Contact Provision

29. Authorization to Transact Business

30. Pre-Construction Conference

31. Substitutions

32. Right to Protest

33. Certificate of Acceptance

34. Exceptions to the County’s Contract

35. Certificate Regarding Debarment

36. Bid General Conditions

TABLE OF CONTENTS

Section 2 Bid Form

Section 3 Bond Forms

Section 4 Scope of Work and Technical Specifications

Section 5 Insurance and Risk Management Provisions

Section 6 Purchasing Forms

Form A – Georgia Security and Immigration Contractor Affidavit and Agreement Form B – Georgia Security and Immigration Subcontractor Affidavit Form C – Georgia Professional License Certification (if applicable) Form D – Disclosure Form and Questionnaire

Section 7 Contract Compliance Requirements

Section 8 General Conditions

Section 9 Special Conditions

Section 10 Exhibits Exhibit 1-Executive Inn and Super Inn Demolition November 20 2023 Exhibit 2-Pre-Demolition Asbestos and Regulated Materials Report Exec Inn

Bid #23ITB122123K-DB Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Invitation to Bid

INVITATION TO BID

#23ITB122123K-DB; Demolition Services for the Super Inn Hotel and the Executive Inn Hotel

Sealed Bids for furnishing all materials, labor, tools, equipment and appurtenances necessary for Demolition Services to provide complete demolition of all buildings and foundations; removal and dumping of all construction demolition debris for the Super Inn Hotel located at 301 Fulton Industrial Circle SW and the adjacent Executive Inn Hotel located at 305 Fulton Industrial Circle, both in Atlanta, Georgia, must be electronically submitted to the Fulton County Department of Purchasing and Contract Compliance via BidNet Direct, no later than 11:00 a.m., local time, on Wednesday, March 6th, 2024.

SCOPE OF WORK

To demolish all buildings and foundations on site to include all water supply piping, all drain and sewer piping, erosion control and tree protection. Remove and dump all construction demolition debris. Abatement of asbestos and lead base paint materials is to be conducted prior to demolitions. Site shall be graded and all excavated areas filled in and leveled to a mowable grade.

Seed and straw all disturbed areas.

This project will require all engineering, construction, quality control services, etc. necessary to complete the demolition. Provide contract documents (working drawings, specifications) for the demolition services, featuring the following potential disciplines to be determined by the Demolition Contractor: architectural, structural, civil, mechanical, plumbing, electrical, environmental remediation and decontamination. The documents shall provide the necessary information to facilitate the successful demolition of the facility. The services shall also include demolition services for demolishing the buildings per the more detailed scope below; creating and maintaining construction progress schedule, safety plans, construction cost estimates/budgets, construction inspections; and the preparation and development of reports (regulatory), and other related documents, as necessary for the accomplishment of the proposed project.

The detailed scope of work and technical specifications are outlined in the Division of Work Section 01 10 00, Project Summary and Scope of Work of this bid document, See Section 9.

METHOD OF SOURCE SELECTION

This procurement is being conducted and the specific method of source selection in accordance with all applicable provisions of the Georgia Local Public Works Construction Law, O.C.G.A. §36-91-1 through 36-91-95 when a public works construction project cost exceeds $100,000.

PERMITS [Required] The successful Demolition Contractor shall procure and obtained all permits as required by Federal, State, County, and Local Authorities required for this project.

RIGHTS OF WAY/EASEMENTS [Required] The successful Demolition Contractor shall be responsible for obtaining all rights of way/easements for this project, if applicable, and submit copies to the County’s Project Manager prior to beginning work.

BID DOCUMENTS

In order to obtain complete information about this solicitation, please click the link below where this document and supporting documents can be downloaded, https://www.bidnetdirect.com/georgia/fultoncounty.

PURCHASING CONTACT

Information regarding the bid or bid requirements, either procedural or technical, may be obtained by submitting questions to:

Darlene A. Banks, Chief Assistant Purchasing Agent Email: darlene.banks@fultoncountyga.gov Phone: (404) 612-7879

PRE-BID CONFERENCE

A Pre-Bid Conference will be held via web-conference.

Date: Wednesday, February 14th, 2024 Time: 10:30 AM Link: https://zoom.us/webinar/register/WN_1EUA_D5TRCu62L8r4PXrhA

The Pre-Bid Conference will be conducted for the purpose of explaining the County’s bid process, the specifications/technical documents; to provide non-binding verbal responses to questions concerning these bid specifications; and, to discuss issues from the Bidders perspective. However, no verbal response provided at the Pre-Bid Conference binds the County. Only those responses to questions submitted through BidNet Direct and responded to by the County will be official.

Inquiries regarding the solicitation either technical or otherwise may be submitted prior to the Pre-Bid Conference and will be addressed during the Pre-Bid Conference.

Any additional questions asked at the Pre-Bid Conference will be responded to in the form of an addendum with the County’s official responses.

Fulton County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Fulton County Government should be directed to Mario Avery, Contract Compliance Administrator at (404) 612-6307 or email:

mario.avery@fultoncountyga.gov.

BONDING REQUIREMENTS

Each Bid must be accompanied by a Bid Bond, prepared on the Bid Bond provided in this Bid Document or a Surety Company’s Standard Bid Bond, duly executed by the Bidder as principal and having as surety, a surety company licensed to do business in the State of Georgia by the Georgia Insurance Commissioner and listed in the latest issue of U.S. Treasury Circular 570, in the amount of five percent (5%) of the Bid.

https://www.bidnetdirect.com/georgia/fultoncounty mailto:darlene.banks@fultoncountyga.gov https://zoom.us/webinar/register/WN_1EUA_D5TRCu62L8r4PXrhA mailto:mario.avery@fultoncountyga.gov

The successful Bidder for this Contract will be required to furnish a satisfactory Performance and Payment Bond each in the amount of 100 percent of the Bid, and proof of insurance in accordance with the requirements set forth in Section 5 of this Bid Document.

VENDOR REGISTRATION

Bid responses must be submitted electronically on-line through BidNet Direct. The Bidder’s firm must be a registered vendor with BidNet Direct at https://www.bidnetdirect.com/georgia/fultoncounty in order to submit a response to this ITBC. There is no charge to register, simply follow the registration path and select the "Limited Access" option.

If you need any assistance registering or using the platform, please call BidNet's Support Team at 800-835-4603 ext. 2 for assistance.

END OF SECTION

https://www.bidnetdirect.com/georgia/fultoncounty

Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Owner – Contractor Agreement

OWNER - CONTRACTOR AGREEMENT

Contractor: [Insert Contractor Name]

Contract No.: 23ITB122123K-DB; Demolition Services for the Super Inn Hotel and the

Executive Inn Hotel

Address: [Insert Contractor Address] City, State

Telephone: [Insert Contractor Contact Phone Number]

Email: [Insert Contractor Contact Email Address]

Contact: [Insert Contractor Contact Name] [Insert Contractor Contact Title]

THIS AGREEMENT is effective as of the ________ day of _________________, 20 , by and between Fulton County, a political subdivision of the State of Georgia (hereinafter called the “County”), and the above named CONTRACTOR in accordance with all provisions of this Construction Agreement (“Contract”), which consists of the following: Owner-Contractor Agreement, Owner's invitation for bid, instructions to bidders, bid form, performance bond, payment bond, acknowledgments, general conditions, special conditions, scope of work and specifications, plans, drawings, exhibits, addenda, Purchasing forms, Office of Contract Compliance Forms, Risk Management insurance provisions forms and written change orders.

The specific Exhibits of this Contract are as follows:

Exhibit A: General Conditions Exhibit B: Special Conditions Exhibit C: Addenda Exhibit D: Bid Form Exhibit E: Bonds (Bid, Payment & Performance) Exhibit F: Scope of Work and Technical Specifications Exhibit G: Exhibits Exhibit H: Purchasing Forms Exhibit I: Office of Contract Compliance Forms Exhibit J: Risk Management Insurance Provisions Forms

WITNESSETH: That the said Contractor has agreed, and by these present does agree with the said County, for and in consideration of a Contract Price of [INSERT CONTRACT AMOUNT IN WORDS], ($[INSERT CONTRACT AMOUNT IN NUMBERS]) and other good and valuable consideration, and under the penalty expressed on Bonds hereto attached, to furnish all equipment, tools, materials, skill, and labor of every description necessary to carry out and complete in good, firm, and workmanlike manner, the Work specified, in strict conformity with the Drawings and the Specifications hereinafter set forth, which Drawings and Specifications together with the bid submittals made by the Contractor, General Conditions, Special Provisions, Detailed Specifications, Exhibits, and this Construction Agreement, shall all form essential parts of this Contract. The Work covered by this Contract includes all Work indicated on Plans and Specifications and listed in the Bid entitled:

Project Number: #23ITB122123K-DB

Demolition Services for the Super Inn Hotel and the Executive Inn Hotel The Contractor, providing services as an Independent Contractor, shall commence the Work with adequate force and equipment within 10 days from receipt of Notice to Proceed (“NTP”) from the County, and shall complete the work within 90 calendar days from the Notice to Proceed or the date work begins, whichever comes first. The Contractor shall remain responsible for performing, in accordance with the terms of the Contract, all work assigned prior to the expiration of the said calendar days allowed for completion of the work even if the work is not completed until after the expiration of such days. The Contractor shall agree that in the performance of this Contract he will comply with all lawful agreements, if any, which the contractor has made with any association, union or other entity, with respect to wages, salaries and working conditions, so as to cause inconvenience, picketing or work stoppage.

[Insert if applicable For each calendar day that any work remains uncompleted after the time allowed for completion of the work, the Contractor shall pay the County the sum of $ 500.00 not as a penalty but as liquidated damages, which liquidated damages the County may deduct from any money due the contractor. At the County’s convenience and not to it prejudice the County may provide written notice of the commencement of the assessment of liquidated damages].

As full compensation for the faithful performance of this Contract, the County shall pay the Contractor in accordance with the General Conditions and the prices stipulated in the Bid, hereto attached.

It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance, the County shall deem the surety or sureties upon such bonds to be unsatisfactory, or, if, for any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at his expense, within five days after receipt of notice from the County so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the County. In such event no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the County.

The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractor’s agents, servants, and employees, and in addition thereto, for any and all damages to property caused by or resulting from or arising out of any act or omission in connection with this contract or the prosecution of work hereunder, whether caused by the Contractor or the Contractor’s agents, Servants, or employees, or by any of the Contractor’s subcontractors or suppliers, and the Contractor shall indemnify and hold harmless the County, the Construction Manager, County’s Commissioners, officers, employees, successors, assigns and agents, or any of their subcontractors from and against any and all loss and/or expense which they or any of them may suffer or pay as a result of claims or suits due to, because of, or arising out of any and all such injuries, deaths and/or damage, irrespective of County or Construction Manager negligence (except that no party shall be indemnified for their own sole negligence). The Contractor, if requested, shall assume and defend at the Contractor’s own expense, any suit, action or other legal proceedings arising there from, and the Contractor hereby agrees to satisfy, pay, and cause to be discharged of record any judgment which may be rendered against the County and the Construction Manager arising there from.

In the event of any such loss, expense, damage, or injury, or if any claim or demand for damages as heretofore set forth is made against the County or the Construction Manager, the County may withhold from any payment due or thereafter to become due to the Contractor under the terms of this Contract, an amount sufficient in its judgment to protect and indemnify it and the Construction

Manager, County’s Commissioners, officers, employees, successors, assigns and agents from any and all claims, expense, loss, damages, or injury; and the County, in its discretion, may require the Contractor to furnish a surety bond satisfactory to the County providing for such protection and indemnity, which bond shall be furnished by the Contractor within five (5) days after written demand has been made therefore. The expense of said Bond shall be borne by the Contractor. [See General Conditions for similar provision]

This Contract constitutes the full agreement between the parties, and the Contractor shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm or corporation without the previous consent of the County in writing. Subject to applicable provisions of law, this Contract shall be in full force and effect as a Contract, from the date on which a fully executed and approved counterpart hereof is delivered to the Contractor and shall remain and continue in full force and effect until after the expiration of any guarantee period and the Contractor and his sureties are finally released by the County.

This agreement was approved by the Fulton County Board of Commissioner on [Insert approval date and item number].

[SIGNATURES NEXT PAGE]

IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed by their duly authorized representatives as attested and witnessed and their corporate seals to be hereunto affixed as of the day and year date first above written.

OWNER:

FULTON COUNTY, GEORGIA

CONTRACTOR:

[Insert Contractor COMPANY

NAME]

Robert L. Pitts, Chairman Fulton County Board of Commissioners

ATTEST:

[Insert Name & Title of person authorized to sign contract]

ATTEST:

Tonya R. Grier Clerk to the Commission

( Affix County Seal)

Secretary/ Assistant Secretary

(Affix Corporate Seal)

APPROVED AS TO FORM:

Office of the County Attorney

APPROVED AS TO CONTENT:

Joseph N. Davis, Director Department of Real Estate and Asset Management

ITEM#:_____________ RCS:_______

RECESS MEETING

ITEM#:____________ RM:_________

REGULAR MEETING

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. CONTRACT DOCUMENTS

The Contract Documents include the Contract Agreement, Contractor's Bid (including all documentation accompanying the Bid and any post-Bid documentation required by the County prior to the Notice of Award), Bonds, all Special Conditions, General Conditions, Supplementary Conditions, Specifications, Drawings and addenda, together with written amendments, change orders, field orders and the Construction Manager's written interpretations and clarifications issued in accordance with the General Conditions on or after the date of the Contract Agreement.

Shop drawing submittals reviewed in accordance with the General Conditions, geotechnical investigations and soils report and drawings of physical conditions in or relating to existing surface structures at or contiguous to the site are not Contract Documents.

The Contract Documents shall define and describe the complete work to which they relate.

2. BID PREPARATION

Bidders shall SUBMIT ONE (1) ORIGINAL, SIGNED AND DATED BID RESPONSE IN

PDF FORMAT ELECTONICALLY THROUGH BIDNET DIRECT

(https://www.bidnetdirect.com/georgia/fultoncounty) on the forms provided in the Bid Document.

All bids must be made on the bid forms contained herein and shall be subject to all requirements of the Agreement Documents. All bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the bid by the Bidder.

Lump sum, unit price and extensions of unit prices must be entered in the appropriate spaces provided on the Bid Schedule/Bid Form. Unit prices shall include an appropriate allocation of overhead and other indirect costs so that the summation of unit price extensions and lump sum items represents the total bid amount. All blank spaces must be typed or hand written in blue ink on the “Original”. All dollar amounts must be BOTH in writing and figures and represent prices for the published scope of work without exceptions.

The County may, in its sole discretion, reject any bid determined as irregular, a conditional bid or any bid on which there is an alteration of, or departure from the Bid Schedule attached.

Erasures or other changes in the bids must be explained or noted over the signature of the Bidder. All corrections to any entry must be lined out and initialed by the Bidder.

Please do not use correction tapes or fluid. Failure to do so shall render the Bidder as non-responsive and cause rejection of the bid.

Failure to execute the Bid Schedule/Bid Form documents may result in Bidder being deemed non-responsive and cause rejection of the bid.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

3. RECIEPT AND OPENING OF BIDS

Sealed bids will be received by the Fulton County Department of Purchasing & Contract Compliance electronically via BidNet Direct as described above. All submitted bid responses will be time and date stamped at the time all documents are uploaded and received.

REQUIRED SUBMITTALS: The bidder must complete and execute the following documents and upload as required:

1. Georgia Security and Immigration Contractor Affidavit and Agreement

2. Georgia Security and Immigration Subcontractor Affidavit

3. Bid Form

4. Acknowledgment of each Addendum

5. Bid Bond

6. Purchasing Forms

7. Contract Compliance Forms

8. Proof of Insurance

Any bid responses received after the stated time and date will not be considered. It shall be the sole responsibility of the bidder to have his/her bid submitted in BidNet Direct to the County for receipt on or before the stated time and date.

Bids shall be publicly opened via web conferencing, with only the names and total bid price of the bidders disclosed at the opening.

Date:

Time:

Web Conference Link:

4. ADDENDA AND INTERPRETATIONS

No interpretations of the meaning of the Drawings, Specifications or other pre-bid documents will be made to any Bidder orally.

Bidders requiring clarification or interpretation shall submit question(s) via BidNet Direct website to the designated Purchasing Representative. To be given consideration, questions must be received no later than 2:00 PM, Monday, February 26th, 2024. The County will not respond to any requests, oral or written, received after this date.

Only communications from firms that are in submitted via BidNet Direct will be recognized by the County as duly authorized expressions on behalf of proposers/bidders. Any and all such interpretations and any supplemental instructions to this solicitation will be in the form of written addenda to the specifications and posted on BidNet Direct website.

Failure of Bidders to receive or acknowledge any addendum shall not relieve them of any obligation under the Bid. All addenda shall become part of the Contract Documents.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

5. SITE EXAMINATION (MANDATORY)

There will be a MANDATORY site visit for this project. It will be held on Thursday, February 15th, 2024 at 10:00 AM. Bidders are required to attend. The location for the Mandatory Site Visit is: 301 Industrial Circle, S.W., Atlanta, Georgia 30336

6. BIDDER’S MODIFICATION AND WITHDRAWAL OF BIDS

A Bidder may modify or withdraw its bid by written request, provided that the request is received by the County prior to the bid due date and time at the address to which bids are to be submitted. Provided further, that in case of an electronic request (i.e. facsimile, e-mail, etc.) a written confirmation thereof over the authorized signature of the Bidder must be received by the County at the address to which original Bids are to be submitted within three (3) calendar days after issue of the electronic message. Following withdrawal of its bid, the Bidder may submit a new bid, providing delivery is affected prior to the established bid opening date and time. No bid may be withdrawn after bid due date for sixty (60) calendar days.

7. BID AND CONTRACT SECURITY

A Bid Bond for an amount equal to five percent (5%) of the TOTAL AMOUNT of the base bid amount must be submitted with the bid response.

The bid bond shall apply ONLY TO THIS BID. The bid name and contract number must appear on the security instrument. The bond must remain in full force and effect until the Bidder executes the final Contract. Bids not satisfying the bonding requirements of this project will be declared non-responsive.

Any bid bond, performance bond, payment bond, or security deposit required for public works construction contract shall be approved and filed with purchasing agent. At the option of the County, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury’s list of approved bond sureties.

The Purchasing Agent shall approve as to form and as to the solvency of the surety any bid bond, performance bond, or payment bond required by this. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, such approval shall be obtained prior to the execution of the contract.

Whenever, in the judgment of the County:

(1) Any surety on a bid, performance, or payment bond has become insolvent;

(2) Any corporation surety is no longer certified or approved by the Commissioner of

Insurance to do business in the state; or

(3) For any cause there are no longer proper or sufficient sureties on any or all the bonds

The County may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the County, all work on the contract shall cease unless such new or additional bond or bonds

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders are furnished. If such bond or bonds are not furnished within such time, the County may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.

As a condition of responsiveness the bid must contain a Bid Bond for an amount equal to 5% of the bid amount. A completed and fully executed Bid Bond must be submitted. When the bidder’s package is opened, the purchasing agent will verify the presence of the Bid Bond.

Checks or letters of credit of any type will not be accepted. A certified cashier’s check is acceptable and a copy of the certified cashier’s check must be submitted as bid security.

The original certified check must be presented to the Purchasing representative within 24 hours of the bid opening.

If the bidder withdraws its bid from the competition after the selection of its bid for a reason not authorized by Georgia law, the County will proceed on the Bid Bond, along with any other available remedies.

The Surety of the Bid Bond shall be from a surety company authorized to do business in the State of Georgia, shall be listed in the Department of Treasury Circular 570, and shall have an underwriting limitation in excess of 100% of the bid amount. The Bonds and Surety shall be subject to approval by the County Attorney.

Attorneys-in-fact for bidders who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

8. SURETY BONDS

The submission of surety bonds subsequent to the Bid submission shall be:

a. Any surety bond submitted in accordance with the Bid or Agreement requirements must be issued by a corporate surety company satisfactory to the Commission and authorized to act as such in the State of Georgia;

b. Such bonds shall conform to the forms provided with the Bid Documents and be completed in accordance with the instructions thereon; and

c. In accordance with Georgia law, and upon award of the Agreement, separate performance and payment bonds shall be required of the successful Bidder, 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.

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 and the Agreement Documents 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. 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.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

9. INSURANCE AND RISK MANAGEMENT REQUIREMENTS

Insurance and Risk Management provisions and Indemnification and Hold Harmless provisions are outlined in Section 5 of this ITB.

Upon award, the successful Bidder must obtain at their expense, a Certificate of

Insurance (“COI”) with policy limits equal to or greater than the limits outlined in Section

5. Proof of insurance must be provided to the County prior to the start of any work activities/services as described in the bid documents. Any and all insurance coverage(s) and/or bonds required under the terms and conditions of the contract shall be maintained during the entire term of the contract, including any contract modifications thereto, and until all work has been completed to the satisfaction of the County.

10. RIGHT TO REJECT BIDS

The County reserves the right to reject any or all bids and to waive informalities. No bids will be received after the time set for opening bids. Any unauthorized conditions, limitations or provisions attached to the Bid, except as provided herein, will render it informal and may cause its rejection. Unbalanced bids will be subject to rejection. Any bidder may withdraw his/her bid, either personally or by telegraphic or written request, at any time prior to the scheduled closing time for receipt of bids. Telegraphic or written requests for withdrawal must be in the possession of the County prior to the closing time for receipt of bids.

11. APPLICABLE LAWS

All applicable laws and regulations of the State of Georgia and ordinances and regulations of Fulton County shall apply. Protestors shall seek resolution of their complaints in the manner provided in the Fulton County Purchasing Code §102-488 et seq., which is incorporated by reference herein.

12. EXAMINATION OF CONTRACT DOCUMENTS

Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request to the County for an interpretation or correction of any ambiguity, in consistency or error therein which could be discovered by a bidder. At the bid opening each bidder shall be presumed to have read and be familiar with the contract documents.

13. BID EVALUATION

a. Each Bid timely received and in the County's hands at the time set forth for the Bid opening shall constitute an offer to perform the Agreement on the terms and conditions thereof, in strict accordance with the Agreement documents, and all other requirements, all for the Bid total. For good cause and valuable consideration, the sufficiency of which is acknowledged by submittal of a Bid, each Bidder promises and agrees that its Bid shall be irrevocable for a period of sixty calendar days after the Bid opening and will not be withdrawn or modified during that time. The County may accept any Bid by giving the Bidder Written Notice of acceptance during that time. If necessary, the period of time specified may be extended by written agreement between the County and the Bidder or Bidders concerned.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

b. After the Bids have been opened and before any award is made, the County will evaluate the Bid process, the Bid total, the supplements to the Bid form, Bidder's experience, proposed Subcontractors and equipment manufacturers and other data relating to Bidders' responsibility and qualifications to perform the Agreement satisfactorily.

c. All extension of the unit prices shown and the subsequent addition of extended amounts may be verified by the County. In the event of a discrepancy between the unit price bid and the extension, the unit price will be deemed intended by the Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the bid total, the sum of the extended amounts shall govern.

d. Bidder may be required to submit, in writing, the addresses of any proposed

Subcontractors or Equipment manufacturers listed on the Bid, and to submit other material information relative to proposed Subcontractors or Equipment manufacturers. The County reserves the right to disapprove any proposed Subcontractor or Equipment manufacturers who’s technical or financial ability or resources or whose experience are deemed inadequate.

e. The County reserves the right to reject any Bid the prices of which appear to be unbalanced, and to reject any or all Bids, or parts thereof, if it determines, in its sole discretion, that such rejection is in the best interest of the County. Where only a single responsible and responsive Bid is received, the County may in its sole discretion, elect to conduct a price or cost analysis of the Bid. Such Bidder shall cooperate with such analysis and provide such supplemental information as may be required. The determination whether to enter into an Agreement with such sole Bidder shall be solely within the County’s discretion and not dependent upon performance of a price or cost analysis.

f. Bids will be evaluated on the basis of determining the lowest Bid total of a Bidder, not including alternates, whose Bid is responsive to the Invitation to Bid and who is determined to be technically, financially and otherwise responsible to perform the Agreement satisfactorily, and to meet all other requirements of the Bidding Documents relating thereto. Any Bid may be rejected if it is determined by the County to be non-responsive, provided, however, that the Commission reserves the right to waive any irregularities or technicalities which it determines, within its sole discretion, to be minor in nature and in the interest of the public. Furthermore, any Bid may be rejected if it is determined by the County, in its sole discretion, that the Bidder is not capable of performing the Agreement satisfactorily based upon review of its experience and technical and financial capabilities, or the failure of such bidder to provide information requested relating to such determination. Additionally, the County reserves the right to disqualify Bids, before and after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of any Bidder(s).

g. The County intends to award the Agreement at the earliest practicable date to the lowest responsive, responsible Bidder(s), provided that the Bid is within the funds available for the project. In addition, the County reserves the right to reject all Bids if it determines, in its sole discretion, that the public interest will be best served by doing so.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

h. A Pre-award Conference may be conducted with the apparent low Bidder(s) to review general requirements of the Bidding Documents.

14. AWARD CRITERIA

Award will be made after evaluating the prices, responsiveness and responsibility of each Bidder.

A. Responsiveness: The determination of responsiveness will be determined by the following:

a. The completeness of all material, documents and/or information required by the County;

b. Whether the bidder has submitted a complete Bid form without irregularities, excisions, special conditions, or alternative bids for any item unless specifically requested in the Bid form.

B. Responsibility: The determination of the bidder’s responsibility will be determined by the following

a. The ability, capacity and skill of the Bidder to perform and/or provide the Work required;

b. The County reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the County that he/she is properly qualified to carry out the obligations of the Contract;

c. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

d. The quality of performance of work on previous contracts or work; Maintains a permanent place of business individually or in conjunction with the prime contractor.

e. Has the appropriate and adequate technical experience necessary to perform the Work;

f. Has adequate personnel and equipment to do the Work expeditiously;

g. Has suitable financial means to meet obligations incidental to the work.

15. DISQUALIFICATION OF BIDDERS

Any of the following may be considered as sufficient for disqualification of a Bidder and the rejection of the Bid:

a. Submission of more than one Bid for the same work by an individual, firm, partnership or Corporation under the same of different name(s);

b. Evidence of collusion among Bidders;

c. Previous participation in collusive bidding on Work for the County;

d. Submission of an unbalanced Bid, in which the prices quoted for same items are out of proportion to the prices for other items;

e. Lack of competency of Bidder. The Agreement will be awarded only to a

Bidder(s) rated as capable of performing the Work.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

16. BASIS OF AWARD

The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder.

No bid may be withdrawn for a period of sixty (60) days after the date of bid opening except as permitted by O.C.G.A., §36-91-41 et seq., as amended. Each Bid must be accompanied by a Bid Bond in accordance with the Bid Bond Requirements provided in the Contract Documents, on a Surety Company’s Standard Bid Bond Form acceptable to the County in an amount no less than 5% of the amount bid. The successful bidder will be required to furnish a Performance Bond and Payment Bond, on or before the issuance of Notice to Proceed, each in the amount of 100% of the Contract Amount. All other required Contract Documents must be fully completed and executed by the Contractor and his/her Surety, and submitted to the Owner on or before the issuance of the Notice to Proceed.

17. GENERAL CONTRACTORS LICENSE

General contractors are required to be licensed by the State of Georgia to perform the following work: construction, construction management services or design-build services as a prime contractor, joint venture partner or as a subcontractor to design professional acting as a prime contractor as part of a design-build entity or combination, unless exempted from holding such license pursuant to Georgia law O.C.G.A. §43-41-17. If exempted, Contractor must submit a copy of their Georgia Department of Transportation Certificate of Qualification with their bid submittal.

Bidders must complete the Georgia General Contractors License Certification in Section 6, Purchasing Forms. Failure to provide the required license shall deem your bid non-responsive.

18. PROFESSIONAL LICENSES

The State of Georgia requires that the following professions are required by state law to be licensed:

1. Electricians

2. Plumbers

3. Conditioned Air Contractors

4. Low voltage Contractors

Bidders and any sub-contractors performing any of the above described work must provide a copy of their license for the work they will perform on this project. Bidders must complete Form C3: Georgia Professional License Certification in Section 6, Purchasing Forms Failure to provide the required license may deem your bid non-responsive.

19. WAGE CLAUSE

Pursuant to 102-413, Each Contractor shall agree that in the performance of the Contract he will comply with all lawful agreements, if any, which the Contractor had made with any association, union, or other entity, with respect to wages, salaries, and working conditions, so as not to cause inconvenience, picketing, or work stoppage.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

20. NOTICE OF AWARD OF CONTRACT

As soon as possible, and within sixty (60) days after receipt of bids, the County shall notify the successful Bidder of the Award of Contract.

The award shall be made by the Board of Commissioners of Fulton County to the lowest responsive, responsible bidder(s) as soon as possible after receipt of bids, taking into consideration price and the responsiveness to the requirements set forth in the Invitation for Bid. In such case, no claim shall be made by the selected Contractor(s) for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of his bid. The total of the awarded contract shall not exceed the available funds allocated for this project.

Should the County require additional time to award the contract, the time may be extended by mutual agreement between the County and the successful bidder. If an Award of Contract has not been made within sixty (60) days from the bid date or within the extension mutually agreed upon, the Bidder may withdraw the Bid without further liability on the part of either party.

Any award made by the Board of Commissioners as a result of this bid will begin from the date of the notice to proceed. The Bidder agrees hereby to commence work under this Contract, with adequate personnel and equipment, on a date to be specified in a written order from the user department. The contract shall become effective on the Contract Date and shall continue in effect until the end of the term of the contract or until the project has been closed-out unless earlier terminated pursuant to the termination provisions of the contract.

21. EXECUTION OF CONTRACT DOCUMENTS

Upon notification of Award of Contract, the County shall furnish the Contractor the conformed copies of Contract Documents for execution by the Contractor and Contractor’s surety.

Within ten (10) days after receipt the Contractor shall return all the documents properly executed by the Contractor and the Contractor’s surety. Attached to each document shall be an original power-of-attorney for the person executing the bonds for the surety and certificates of insurance for the required insurance coverage.

After receipt of the documents executed by the Contractor and his surety with the power-of-attorney and certificates of insurance, the County shall complete the execution of the documents. Distribution of the completed documents will be made upon completion.

Should the contractor and/or surety fail to execute the documents within the time specified, the County shall have the right to proceed on the Bid Bond accompanying the bid.

If the County fails to execute the documents within the time limit specified, the Contractor shall have the right to withdraw the Contractor’s bid without penalty.

Should an extension of any of the time limits stated above be required, this shall be done only by mutual agreement between both parties.

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders

Any agreement or contract resulting from the acceptance of a bid shall be on a County approved document form. The County reserves the right to reject any agreement that does not conform to the Invitation for Bid and any County requirements for agreements and contracts. The County reserves the right to modify the agreement resulting from this bid upon the recommendation of the County Attorney.

22. PAYMENT TERMS

After award and execution of the Contract Agreement, the County will issue a Purchase Order for invoices to be submitted for payment. The awarded Vendor(s) must register in the Vendor Self Service System as a Vendor in order for the Department of Purchasing & Contract Compliance to issue a Purchase Order at https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService. A copy of the company’s current Business License and W-9 are required to complete the vendor registration process. All payments will be made via Electronic Funds Transfer (EFT). The awarded Vendor(s) must register in the Vendor Self Service System at https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService to receive payment via

EFT.

Specific payment terms are described in the Section 8, General Conditions.

23. EQUAL EMPLOYMENT OPPORTUNITY (“EEO”) IN PURCHASING AND CONTRACTING

To be eligible for award of this Agreement, the Bidder must certify and fully comply with the requirements, terms, and conditions of the County’s Non Discrimination in Contracting and Procurement.

24. JOINT VENTURE

Any Bidder intending to respond to this solicitation as a joint venture must submit an executed joint venture agreement with its offer. The agreement must designate those persons or entities authorized to execute documents or otherwise bind the joint venture in all transactions with Fulton County, or be accompanied by a document, binding upon the joint venture and its constituent members, making such designation. Offers from joint ventures that do not include these documents will be rejected as being non-responsive.

25. NON-COLLUSION

By submitting a signed Bid, Bidder certifies and attests that there has been no collusion with any other Bidder. Reasonable grounds for believing Bidder has an interest in more than one Bid will result in rejection of all Bids in which the Bidder has an interest. Any party to collusion may not be considered in future Bids for the same or similar work.

26. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

This Invitation to Bid is subject to the Georgia Security & Immigration Compliance Act.

Effective July 1, 2013, bidders and proposers are notified that all bids/proposals for services that are to be physically performed within the State of Georgia must be accompanied by proof of their registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security.

Physical performance of services means any performance of labor or services for a public https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService

Bid #23ITB122123K-DB Section 1 Demolition Services for the Super Inn Hotel and the Executive Inn Hotel Instructions to Bidders employer using a bidding process or by contract wherein the labor or services exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia).

A completed affidavit must be submitted with the bid/proposal at the time of submission, prior to the time for opening bids/proposals. Under state law, the County cannot consider any bid/proposal which does not include a completed affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Georgia Security & Immigration Compliance Act. All bidders/proposers intending to do business with the County are responsible for independently apprising themselves and complying with the requirements of that law and its effect on County procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll .

The Director of Purchasing & Contract Compliance is authorized to conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform and Enforcement Act and the rules and regulations of the Georgia Department of Labor.

27. TERM OF CONTRACT

Contractor shall commence the Work within ten calendar days after receipt of Notice to Proceed and shall substantially complete the Work within eighty five (85) calendar days from issuance of the Notice to Proceed and finally complete the Work within ninety calendar (90) days of issuance of the Notice to Proceed.

28. NO CONTACT PROVISION

It is the policy of Fulton County that the evaluation and award process for County contracts shall be free from both actual and perceived impropriety, and that contacts between potential vendors and County officials, elected officials and staff regarding pending awards of County contracts shall be prohibited.

A. No person, firm, or business entity, however situated or composed, obtaining a copy of or responding to this solicitation, shall initiate or continue any verbal or written communication regarding this solicitation with any County officer, elected official, employee, or designated County representative, between the date of the issuance of this solicitation and the date of the County Manager’s recommendation to the Board of Commissioners for award of the subject contract, except as may otherwise be specifically authorized and permitted by the terms and conditions of this solicitation.

B. All verbal and written communications initiated by such person, firm, or entity regarding this solicitation, if same are authorized and permitted by the terms and conditions of this solicitation, shall be directed to the Purchasing Agent.

C. Any violation of this prohibition of the initiation or continuation of verbal or written communications with County officers, elected officials, employees, or designated County representatives shall result in a written finding by the Purchasing Agent that the submitted Bid or proposal of the person, firm, or entity in…