INVITATION TO BID (ITB)

Northwest Corridor Segment 2A – Construction

Site Visit and Pre-Bid, June 25, 2026, 10:30 AM (EDT)

75 Bennett Street NW, Atlanta Georgia

Refer all questions in BONFIRE PORTAL Only:

https://beltline.bonfirehub.com/portal/?tab=openOpportunities

Question Deadline: July 1st, 2026, by 3:00 PM (EDT)

BIDS DUE IN BONFIRE PORTAL

July 22, 2026, by 1:00 PM (EDT)

Please click the link below to submit a bid through BONFIRE PORTAL:

VIRTUAL BID OPENING

July 22, 2026, 1:00 PM (EDT) Register in advance for this meeting:

https://us02web.zoom.us/meeting/register/Oe4fErpwQ7SbPqJ6Klezp

Bids must be labeled:

Northwest Corridor Segment 3B - Construction

Date of ITB Release: June 9th, 2026 https://us02web.zoom.us/meeting/register/Oe4fErpwQ7SbPqJ6Klezp

Northwest Corridor Segment 2A – Construction

MANDATORY SITE VISIT AND PRE-BID MEETING INSTRUCTIONS

June 25th, 2026, at 10:30 AM (EDT)

A mandatory site visit and pre-bid meeting will be held in person at 75 Bennett Street, NW, Atlanta Georgia, at 10:30 AM, (EST). Attendance and prompt arrival are required.

Street parking is available at the address. Please be sure vehicles and valuable personal contents are secured prior to attending the meeting. ABI is not responsible for loss or damage to vehicles or their contents parking on the property. ABI representatives will meet attendees for the sign-in and pre-bid meeting before walking the site. The expected timeframe for the site visit is 1.5 hour. Please prepare to wear comfortable shoes and clothing for walking during the site visit.

VIRTUAL BIDS OPENING INSTRUCTIONS

July 22, 2026, 1:00 PM (EDT)

VIA ZOOM

Register in advance for this meeting:

https://us02web.zoom.us/meeting/register/Oe4fErpwQ7SbPqJ6Klezpg

After registering, you will receive a confirmation email containing information about joining the meeting.

TABLE OF CONTENTS

REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK

Cover Page Site Visit/Pre Bid and Bids Opening Information Table of Contents

Section A. Pages 4-16

1. Project Definition and Abbreviations

2. Notice of Invitation to Bid

3. Instructions to Bidders

4. Project Description and Background

5. Scope of Work

6. Required Bid Content

7. Evaluation of Bids

8. Protests

Section B. – Terms & Conditions Pages 17-88

Section C. – Exhibits and Forms Pages 89-122

1. PROJECT DEFINITIONS AND ABBREVIATIONS

This section consists of abbreviations, definitions, and general rules of interpretation.

Atlanta BeltLine, Inc. (ABI). A funding partner for the Project (as defined herein), the agent for the owner of the Atlanta BeltLine corridor property, technical lead for the Project, and the contracting entity. ABI is the Georgia nonprofit corporation created by The Atlanta Development Authority d/b/a Invest Atlanta to coordinate the administrative, development and redevelopment activities of the City of Atlanta’s BeltLine Tax Allocation District (TAD) and implement the Atlanta BeltLine program.

Agreement or Contract. The document executed between ABI and the Apparent Successful Bidder.

Apparent Successful Bidder. The bidder that submits the bid that ABI, in its sole opinion, considers the low responsive and responsible b id in accordance with the procedures set forth in this procurement.

Bid Form: A structured document issued with the bid submissions that requires the bidder to submit formal pricing of Invitation to Bid in a structured and consistent manner for level bid pricing comparison.

Bonfire Portal: procurement portal that allow registered vendors to receive notifications of procurement opportunities and to submit responses to ABI electronically. https://beltline.bonfirehub.com/portal/?tab=openOpportunities

City of Atlanta (COA). A municipality of the State of Georgia, a major funding partner and the ultimate owner of project assets. The City of Atlanta may also be referenced herein as the “City.”

Construction/Bid Documents. The documentation containing the information needed to properly construct the Project. Construction Documents consist of plans, specifications, Contracts, and other supporting documentation.

Disadvantaged Business Enterprise (DBE). A small for-profit business concern where socially and economically disadvantaged individuals own at least a 51% interest and control management and daily business operations.

Design Documents. Designer-produced drawings, specifications, calculations, records, reports, or other documents, including shop drawings and special process procedures, which may be used for advancing the design, implementation, testing, and examination of a project.

Evaluation Committee. The group of individuals appointed by ABI to assess the bids submitted in response to this procurement.

General Contractor (GC). A General Contractor, main contractor or prime contractor is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project.

Joint Venture (JV). A legal association of two or more firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills, and knowledge, and who are responsible for a distinct, clearly defined portion of the contract scope of work/services. The parties’ share in the capital contribution, control, management, risk, and profits of the joint venture are commensurate with their ownership interest.

Major Participant. Major Participant means:

A. The designer and any related entities, B. A sub-contractor that completes a significant portion of the scope of work/services, C. A sub-consultant that completes a significant portion of the scope of work/services, D. Any person or entity intended to perform 20% or more of the work of the Contract and the lead designer, regardless of level of participation, and

E. Any person or entity providing more than the percentage specified in the Construction Documents of the value of the work and all related entities.

Notice to Proceed (NTP). “Notice to Proceed” means “Written Notice to Commence Work”.

Owner. The legal or record owner of the premises on which the Project is to be constructed. For the purposes of this Invitation to Bid (ITB) , Atlanta BeltLine, Inc., the City of Atlanta and The Atlanta Development Authority d/b/a Invest Atlanta may be considered an Owner.

Plans. When the context so indicates, “Plans” mean applicable conceptual, planning, design and construction drawings including plan, profile, typical cross sections, working drawings, standard details, supplemental standard details, and supplemental drawings or exact reproductions thereof or electronically displayed equivalents that show the location, character, dimensions, and details of the work.

Project. The project that is named as the purpose of this solicitation.

Project Manager. Unless otherwise stated, “Project Manager” (PM) means the person designated by the prime General Contractor as the Project Manager (or an analogous title) in its bid, or a replacement approved by ABI, who is responsible for the day-to-day management of the overall Contract effort.

Project Records. Records or data of any type on any media including those produced by the General Contractor, or its consultants, subcontractors, suppliers, or manufacturers that are related to the Project.

Project Records may include, but are not limited to:

A. Plans B. Working drawings C. Specifications D. Design notes and computations E. Manufacturer’s recommendations F. Catalog cuts G. Schedules and schedule updates or revisions H. Quality control plans and related documentation I. Traffic control plans and log J. Memorandum K. Safety program and incident reports

L. Reports M. Equal opportunity and affirmative action records N. Any notes pertaining to this project O. Construction documents P. Progress meeting records Q. Partnering records R. Correspondence S. E-mails T. Renderings U. Site Images V. DBE participation records W. Any other documents related to the work, and supplemental documents

Schedule of Value (SOV). an itemized document that breaks down the total contract sum of a construction project into individual line items.

Stakeholder. A person or group with an interest in the successful completion and subsequent use of a project.

Successful Offeror/Respondent/Bidder. A person or entity whose proposal/qualifications/bid is responsive and responsible to all requirements within a solicitation and is determined by the Evaluation Committee as providing a solution in the best interest of ABI.

The Atlanta Development Authority d/b/a Invest Atlanta (IA). IA was formed in 1997 as a public body corporate and politic of the State of Georgia. Invest Atlanta is the official economic development authority for the City of Atlanta. Its purpose is to strengthen Atlanta’s economy and global competitiveness in order to create increased opportunity and prosperity for the people of Atlanta. Invest Atlanta is governed by a nine-member board of directors, chaired by the Mayor of Atlanta. Invest Atlanta’s programs and initiatives focus on developing and fostering public-private partnerships to accelerate job creation/economic growth, neighborhood revitalization/investment and innovation/entrepreneurship. Invest Atlanta’s economic tools include bond financing, revolving loan funds, housing financing, tax increment financing and tax credits.

2. NOTICE OF INVITATION TO BID

Project: Northwest Corridor Segment 2A – Construction

Atlanta Beltline, Inc. (ABI) is soliciting competitive sealed bids from qualified firms to provide construction services for Northwest Trail Segment 2A starting from the west side Dellwood at the Bobby Jones Golf Course and will travel east down Colonial Homes Circle. The trail will then go south to meet Bennett Street. At Bennett Street the trail will turn east again and travel down the front of the Georgia Power sub-station. The segments ends at the northeast corner of the sub-station. The scope of work includes but is not limited to erosion control, grading, demolition, site retaining/decorative walls, storm drainage, utilities, concrete trail paving, pavers, lighting, security cameras, signage and marking, fencing/railings, site furniture/waste receptacles, and bollards.

Electronic Bid Submittal Requirement:

All bids shall be submitted online at the following link:

https://beltline.bonfirehub.com/portal/?tab=openOpportunities

In order to submit a bid online, please follow the steps below:

1. One – Time Registration

Please click the link below to register:

Vendor Registration link – https://beltline.bonfirehub.com/portal/?tab=openOpportunities

2. Submit Bid:

As a registered vendor, please click the link below to submit a bid. All bids shall be completely submitted at the link below. Late bids will not be accepted. It is recommended to start the bid submittal process within a sufficient timeframe before the bid submission deadline.

Bid Submittal Link – https://beltline.bonfirehub.com/portal/?tab=openOpportunities

Submission Instructions for Suppliers Please follow instructions to submit via our Bonfire Public Portal.

1. Prepare your submission materials:

Please abide by the ITB requirements and guidelines herein. Please note the type and number of files allowed. The maximum upload file size is 1000 MB. Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated. Please allow sufficient time to submit your bid documents in Bonfire before the submission deadline.

2. Upload your submission at:

https://beltline.bonfirehub.com/opportunities

Your submission must be uploaded, submitted, and finalized prior to the closing date and time listed on https://beltline.bonfirehub.com/portal/?tab=openOpportunities the cover of this ITB. ABI strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.

File Size and Confirmation of Submission Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit Euna/Bonfire help forum at https://bonfirehub.zendesk.com/hc or while logged in the Euna/Bonfire Portal.

mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

Virtual Bid Opening:

Bids will be opened and read at the virtual bid opening time shown on the cover of this Invitation to Bid (ITB) on the same day of deadline submittal, real-time via virtual/conference call only. The bid opening /virtual conference line registration information is listed below:

Register in advance for this meeting:

https://us02web.zoom.us/meeting/register/Oe4fErpwQ7SbPqJ6Klezpg

After registering, you will receive a confirmation email containing information about joining the meeting.

All late bids received in BONFIRE PORTAL after the close date deadline will not be accepted. Bid submittals must be identified on the cover page with the Project Name, name of bidder, date and time of opening. The second page of the bid submittal shall include the completed required Bid Form listed herein.

Pre-Bid Meeting and Site Visit

A Mandatory Pre-Bid Meeting and Site Visit will be held at 10:30 AM, (EDT) on June 25, 2026, at 75 Bennett Street NW, Atlanta Georgia.

The purpose of the mandatory pre-bid meeting and site visit will provide bidders with detailed information regarding the project and to address questions and concerns. There will be representatives from ABI to discuss this project. Bidders are required to attend the pre-bid site visit.

Bidders will be allowed to ask questions during the pre-bid. However, please note that oral answers to questions during the pre-bid meeting are not authoritative unless answered by written addenda to the solicitation documents. Submit written questions as instructed within Bonfire Portal no later than 3:00 PM (EDT), July 1, 2026. You will not be able to send messages after this time. Click the link to submit questions. https://beltline.bonfirehub.com/opportunities

Responses to questions will be provided via addendum within the Bonfire Portal. ABI reserves the right to issue addenda at any time during the procurement process. Please check the Bonfire Portal link on the front page of this ITB or above regularly for posted addenda and any other information related to the project.

Equal Business Opportunity

Disadvantaged Business Enterprise (DBE) Participation ABI is committed to the practice of non-discrimination in the selection of team members and relationships with sub-contractors with a desire to reflect diversity in the participation of companies engaged in the Atlanta BeltLine program. It is anticipated that as a part of a responsive submittal, DBE participation will be included. This Project has a DBE goal, which has been set at 30%. Please see Exhibit O for the Disadvantaged Business Enterprise Participation Plan in its entirety.

In accordance with ABI’s DBE participation policy all bidders shall complete and submit the Good Faith Effort Affidavit attached hereto as Exhibit R.

ABI is an Equal Opportunity Employer.

The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

Equal Business Opportunity: ABI encourages all bidders to promote opportunities for diverse businesses, including Disadvantaged Business Enterprises (DBEs), to compete for business as subcontractors and/or suppliers. Please confirm that all required documents regarding DBE participation are complete in order for your bid to be deemed responsive. Certifications must be provided at the time of your response to the Invitation to Bid (ITB).

If bidder is a business entity that was chartered outside the State of Georgia, the bid must be accompanied by proper certification stating that said organization is authorized to do business in the State of Georgia.

No bidder may withdraw a bid within 60 days after the bid opening.

Bidder agrees to complete the contract awarded within the “allowable calendar days for completion” from the date of the “Notice to Proceed.” Bidder further agrees that the Owner may retain from the monies which may become due in the amount of $1000.00/day for each and every day that the completion of the work may be delayed.

3. INSTRUCTIONS TO BIDDERS

Bid Due Date: July 22, 2026, at 1:00 PM, EDT

The complete Bid Document Package will include the NOTICE TO BID; Plans and Specifications (including General and Special Conditions) Bid Documents and Contract Documents as outlined below:

A. No Cost Items: The following items are available to all interested parties at no cost.

1) Invitation to Bid

2) Plans and Reports

3) Volume 1– Front End Documents

a. Bid Documents which include:

i. Notice of Invitation to Bid

ii. Instructions to Bidders

iii. Project Description and Background

iv. Scope of Services

v. ABI Terms and Conditions

b. Contract Documents which include:

i. Sample Agreement

ii. Performance Bond

iii. Payment Bond

iv. Acknowledgement of Contractor – Corporation

v. Acknowledgement of Contractor – Partnership

vi. Acknowledgement of Contractor – Individual

vii. Acknowledgement of Principal – Corporation

viii. Acknowledgement of Principal – Partnership

ix. Acknowledgement of Principal – Individual

x. Acknowledgement of Surety Company

c. Appendices which include:

i. Scope of Work Supplemental Documents includes SOV (Appendix “A”)

ii. ABI Sample Agreement

4. PROJECT DESCRIPTION AND BACKGROUND

Northwest Trail Segment 2A starting from the west side Dellwood at the Bobby Jones Golf Course and will travel east down Colonial Homes Circle. The trail will then go south to meet Bennett Street. At Bennett Street the trail will turn east again and travel down the front of the Georgia Power sub-station. The segments ends at the northeast corner of the sub-station. The scope of work includes but is not limited to erosion control, grading, demolition, site retaining/decorative walls, storm drainage, utilities, concrete trail paving, pavers, lighting, security cameras, signage and marking, fencing/railings, site furniture/waste receptacles, and bollards. All required work is outlined in the Scope of Work and Bid Form in this ITB.

5. SCOPE OF WORK

The scope of work for this project is to implement the construction of the Northwest Corridor Segment 3B starting from the south side of the entry drive at 1500 Northside Drive NW Atlanta, Ga at the current end of segment 3A of the NW trail including the crossing of the entry drive. The trail will then travel down the west side of Northside Drive and then cross Northside with a pedestrian bridge landing at the NE corner of Northside Drive and Northside Circle before transversing the Atlanta Technology Center property. After leaving the ATC property the trail goes under I-75 at the CSX underpass and then travels down the north side of I-75 until entering the DWM channel and heading towards 26th street. The trail crosses 26th street and then heads toward Tanyard Creek Park and will connect to the existing Beltline trail at that point

The successful bidder selected as the General Contractor (GC) shall furnish all labor, insurance, supervision, equipment, materials, and incidentals necessary for the construction of the proposed improvements described herein. To view additional reference documents listed in “Appendix A” enclosed.

The improvements consist of but are not necessarily limited to the following:

• Site demolition and applicable soil haul off as required by drawing specifications

• Establishment and maintenance of erosion control per permitted plans throughout the duration of the Project

• Grading and construction of stormwater conveyance system per permitted plans

• Construction of a multi-use path as outlined in drawings

• Lighting and camera installation and subsequent turn over/connection to the Atlanta Police Department (APD) and the City

• Fiber duct bank installation

• Coordinate final site prep activities in areas as they become available with Trees Atlanta which will be responsible for all landscaping

Part 1 - Base Bid Scope of Services

The improvements consist of but are not necessarily limited to the following:

• Site demolition and applicable soil haul off as required by drawing specifications

• Environmental remediation as shown in the contract documents.

• Establishment and maintenance of erosion control per permitted plans throughout the duration of the Project

• Grading and construction of stormwater conveyance system per permitted plans

• Construction of a multi-use path as outlined in drawings

• Lighting and camera installation and subsequent turn over/connection to the Atlanta Police Department (APD) and the City

• Fiber duct bank installation

• Site Walls

General Contractor (GC) Responsibilities

The responsibilities of the GC include, but are not limited to the following:

• The GC shall provide all materials and labor to construct all the work as detailed in the construction documents and specifications for this project.

• The selected General Contractors shall work closely with the Atlanta BeltLine to coordinate safety, security, and traffic issues in and around the job site.

• The GC shall, at its expense, maintain the Project site in a clean, orderly and safe condition and employ sufficient personnel to comply with these obligations.

• The GC shall, during the term of the Agreement, be solvent and fully able to meet its obligations hereunder described and when they become due.

• The GC shall adhere to all applicable labor and employment laws, hazardous materials regulations, safety standards, and regulations pertaining to employees in a public facility.

• The GC shall coordinate with ABI’s community planning and engagement staff as required to ensure that the surrounding neighbors and businesses are adequately informed of the progress of the Project.

• Regarding submission of surety bonds prior to or subsequent to the bid submission, the following requirements are applicable:

a. ABI, IA, and the City of Atlanta shall be named as co-obligees on all bonding.

b. Any surety bond submitted in accordance with the bid or Agreement requirements must be issued by a corporate surety company satisfactory to ABI, IA, and the City of Atlanta, and be authorized to act as such in the State of Georgia.

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

d. 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 longer.

e. 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 details 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.

f. Bidders are required to furnish a bid guarantee in the amount of five percent (5%) of the total bid amount. At the option of the bidder, the guaranty may be a certified check payable to the order of ABI or a bid bond in the form attached. The bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such bid bond shall be within the maximum amount specified for such company in Circular 570. No bid shall be considered unless it is accompanied by the required guaranty. The bid guarantee shall ensure the execution of the Agreement and the furnishing of the performance and payment bonds and insurance by the successful bidder as required by the Agreement documents. The bid guarantee of the bidders submitting the five lowest total bid amounts for the Agreement will be retained either until the successful bidder has signed the Agreement and furnished performance and payment bonds and certificates of insurance, or until the ninetieth (90th) calendar day after the bid opening date, whichever is sooner. Other bid guarantees will be returned within ten (10) calendar days after the bid opening date. Bid guarantees being held pending the signing of the Agreement and furnishing other documents will be returned within ten (10) calendar days thereafter. Each bidder agrees that if it is awarded the Agreement and fails to execute the Agreement and to furnish the other documents required within fifteen (15) days, ABI will retain the bid guarantee as liquidated damages and not as a penalty.

g. Attorneys-in-fact who sign bid bonds must file with the bond a certified and effectively dated copy of their power of attorney.

h. It is the responsibility of the construction professional to maintain a project schedule throughout the entire duration of construction activities. The schedule should be updated twice monthly for such duration with the baseline schedule being submitted at the project Pre-Construction Meeting.

i. The construction professional is required to submit an agenda as well as prepare meeting minutes of all construction meetings. These minutes shall be submitted in a timely fashion but in no case more than 5 working days after the meeting they are recording.

j. The contractor is to submit all project documentation on an approved project management/web based system such as Procore or similar as approved by ABI. Examples of items to be tracked through this system are RFI’s, Submittals, and meeting minutes as well as the project schedule and document control.

k. Change Order Management – it is the Construction Professional’s responsibility to maintain a PCO and CO log. The logs shall be updated bi-monthly. It is the Construction Professional to track potential cost events that may affect project costs. The Construction Professional is required to bring such events to the attention of ABI within 14 days of occurrence. Any change event that is not brought to the attention of ABI within 14 days will be considered void.

Attention means an event has been recorded and an anticipated cost is presented.

SCHEDULE

The GC shall complete the project within 365 calendar days of receiving a Notice to Proceed. Failure to meet this schedule may result in the assessment of liquidated damages in the amount of $1000.00/day. ABI will schedule weekly on-site meetings with the GC, sub-contractors, and other partners.

6. REQUIRED BID CONTENT

In order to secure information in a form which will ensure that bids can be properly evaluated, submit required bid content in order of pages or sections in format as highlighted below and as listed on the first page of this ITB. It is required to utilize the Bid Submittal Checklist (Exhibit “W”) within this ITB to ensure the required bid content is included within the bid submittal. Do not include the entire ITB document. Only include the required bid content listed below in the order listed. The bidder must sign the Bid Form (Exhibit “S”) and the Bidder’s Acknowledgment (Exhibit “V”) to indicate the entire ITB has been read and accepted in its entirety. Please adhere to the following required bid contents:

• Page/Section 1: Title page should include the bid subject, the Bidder’s name, address, phone and fax numbers, email address, contact person, and due date of the bid (not to be confused with page/section 4 below).

• Page/Section 2: Completed and Signed Bid Form (Exhibit “S”), and Completed Schedule of Value.

• Page/Section 3: Table of Contents with page numbers listed.

• Page/Section 4: A cover letter briefly stating the understanding of the work to be done, the commitment to perform the work within the schedule, a statement why the bidder believes it is the best qualified to perform the scope of work along with a statement that the bid is an irrevocable offer for a stated period of time (minimum 60 days).

• Page/Section 5: Information about the bidder.

• Page/Section/ 6: A description of bidder’s understanding of the Project objectives and outcomes and how these will be achieved.

• Page/Section 7: Team composition—a complete listing of all key personnel who will be assigned to this Project, their background, experience, qualifications, roles and responsibilities, and availability.

• Page/Section 8: A proposed work plan and time schedule adequately addressing the scope of work.

• Page/Section 9: A section detailing the cost for the work including cost estimates for out-of-pocket expenses and a proposed billing schedule based on the work plan.

• Page/Section 10: Outline the level of support bidder will require of ABI staff. ABI staff will conduct the public community engagement process. However, the General Contractor (GC) will be required to attend public meetings to answer questions.

• Pages/Section 11 – 12: Proof of the following experiences related to the execution of the scope of work described in this ITB either by the GC or any of its sub-Contractors:

o Evidence of completing a minimum of three (3) similarly sized jobs within the past ten (10) years.

o Evidence that this project represents no more than 50% of the total bonding capacity of the bidder.

• Exhibit/Appendices: All bid exhibits and forms completely filled in, signed, notarized as applicable, and the ITB Checklist (Exhibit “W”) completed. Any and all addenda signed. Any required licenses and/ or certifications as required within this ITB. All appendices reviewed.

ABI retains the right to request any additional information pertaining to the GC’s ability, qualifications, and procedures used to accomplish all work under the Agreement as it deems necessary to ensure safe and satisfactory work. ABI reserves the right to reject any and all bids and to waive any informality in the solicitation process.

Every effort should be made to make bids as concise as possible using a minimum font size of 11 point.

The body of the submittal is limited to a maximum of twenty five (25) electronic pages. Required submittal forms are not included in the maximum number of pages. However, the completed required forms shall be included with the bid submittal.

The bids will be reviewed to ensure that they are responsive and responsible. Bids that are deemed to be non-responsive and/or non-responsible will be disqualified from further consideration. The basis of award of a contract is to the lowest, responsive, and responsible bidder.

ABI assumes no obligation of any kind for expenses incurred in responding to this ITB. ABI reserves the right to reject all bids at its sole discretion. Bids, including costs, shall be honored for a period not to exceed 120 days.

7. EVALUATION OF BIDS

Bids must meet certain mandatory criteria in order to qualify for further evaluation. A “no” answer to the question (1) or a “yes” answer to question (2) will disqualify the bid.

1. Is the GC properly licensed?

2. Has disciplinary action been taken or is pending against the bidder?

Bids will be reviewed using the following technical criteria. Bids shall address each question.

• Does the bid fully respond to the needs of ABI as stated in this solicitation?

• What is the timeframe in which the GC will be able to complete the services requested?

• Is the quality of the GC’s professional personnel to be assigned to the engagement and quality of the GC’s management support personnel available for technical consultation adequate?

• Has the GC constructed similar projects in scope and cost?

• Does the bid adequately describe the procedures to be used in a clear, concise, and understandable manner?

8. PROTESTS

Any protest of the procurement solicitation documents or process shall be submitted within five business days of the Contract award for resolution to the ABI Procurement Director, knicholson@atlbeltline.org.

Such protest shall be in writing and shall be supported by the information necessary to enable the protest to be considered. A protest will not be considered if it is insufficiently supported or it is not received within the time limits specified herein. A protest based upon terms, conditions, or form of a proposed procurement action shall be submitted so that it is received by ABI no later than five ABI business days following notification of the action by ABI.

A written final determination on any protest will be rendered by ABI and shall be provided to the protester as soon as practicable.

mailto:knicholson@atlbeltline.org

ATLANTA BELTLINE, INC. TERMS & CONDITIONS

ABI desires to develop a Contract that appropriately places risk with the party most able to address the issue, to ensure that all parties to the Contract are appropriately protected and to maintain its responsibility to serve as an effective steward of public funds while advancing the Project.

1. Solicitation / Not Offer This solicitation does not constitute an offer by Atlanta BeltLine, Inc. (ABI) to enter into an Agreement and is not an offer that can be accepted by the bidder to form an Agreement. No language contained anywhere in this solicitation should be construed or interpreted to convey an offer to enter into an Agreement with ABI. The terms of this solicitation are to be considered as a whole. However, no terms may be considered in whole or in part to constitute an offer to enter into an Agreement with ABI.

This solicitation is an invitation for the bidder to make an offer to ABI in the form of a bid. No offer made in response to the terms and conditions of this solicitation may include any terms and conditions which can bind ABI to any contractual Agreement until such time as the Agreement has first been awarded by ABI to the most responsible and responsive bidder whose bid meets the material requirements and criteria set forth in the solicitation and the same is accepted and fully executed and sealed by agents of ABI designated on the signature page of the Agreement included in the solicitation. The term of your offer must conform to all applicable federal and local laws, and all requirements of the solicitation.

YOUR OFFER IS A FIRM OFFER AND MAY NOT BE WITHDRAWN FOR 120 DAYS.

Your response to this solicitation is a firm offer, which ABI may accept or reject in whole or in part without any further action on your part. The acceptance of your offer by ABI will form an Agreement, which is enforceable against you.

2. General Terms and Conditions

A. All applicable State of Georgia and federal laws, City of Atlanta and county ordinances, licenses and regulations of all agencies having jurisdiction shall apply to the bidder and the project throughout and incorporated herein. The Agreement with the successful bidder 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. No bid shall be accepted from and no Contract will be awarded to any person, firm, or corporation that is in arrears to ABI, IA, or the City of Atlanta, under debt or contract that is a defaulter, as surety or otherwise, upon any obligation to ABI, IA or the City of Atlanta, or that is deemed irresponsible or unreliable by ABI, IA or the City of Atlanta. If requested, the bidder or subcontractor shall be required to submit satisfactory evidence that they have the necessary financial resources to provide the proposed services.

D. From the date a bid is received through the date a Contract is awarded, no bidder may make substitutions, deletions, additions or other changes in the configuration of its bid without ABI’s express written consent.

E. This procurement may be canceled or any or all bids, qualifications, or proposals may be rejected in whole or in part when it is in the best interest of ABI or when funding is not available for completion of the services requested under this document. In the event that this procurement is cancelled, a notice of cancellation shall be sent to all persons, firms, or entities that submitted responses to this procurement.

F. Bidder’s status shall be that of an independent contractor, and neither it nor any of its employees or subcontractors is or shall be an agent, servant or employee of ABI, IA or the City.

G. Bidder shall defend, indemnify, and hold harmless ABI, IA and the City of Atlanta against all claims, judgments or liabilities to which they may be subject because of any negligence, intentional act, omission, or fault or default by the bidder, its consultants, or sub-consultants.

H. Bidder shall agree to the Superior Court of Fulton County as the venue in any legal action or proceeding between the bidder and ABI, IA or the City.

3. Organizational Conflicts of Interest and Excluded Parties An organizational conflict of interest exists when the nature of the work to be performed under a proposed contract or lease may, without some restriction on future activities, result in an unfair competitive advantage to the bidder or impair the bidder’s objectivity in performing the work. Clarifications may be sought by submitting a letter requesting clarification and stating the reasons why the bidder believes a potential organizational conflict of interest exists. In preparing this solicitation, a review of existing contracts with ABI should be undertaken, and the bidder shall make known any consultants, subcontractors or sub-consultants that are specifically excluded from participating in this solicitation. All who respond to this ITB shall complete the Certification of No Organizational Conflict of Interest attached hereto as part of Exhibit A, and submit it as part of its response to this ITB. A bid that does not include this completed form is subject to disqualification.

Consultants, subcontractors or sub-consultants with active contracts with ABI are excluded from being eligible to submit a response to this procurement except under the following circumstances:

A. If the contractor, consultant, subcontractor or sub-consultant completes the Certification of No Organizational Conflict of Interest; and

B. If ABI Legal Counsel agrees that the contractor, consultant, subcontractor, or sub-consultant has no organizational conflict of interest.

If the above conditions are met, the bidder may be considered eligible to participate in this procurement.

• Describe any claims (whether in litigation, arbitration, or some alternative dispute resolution method) that the firm has had during the past 5 (5) years, including any currently pending actions and the expected results.

• In the past 5 years, has your company been involved in any litigation, arbitration, or other dispute resolution proceedings?

o If so, please describe the relevant claims and the status of the same.

• In the past 5 years have you made any insurance claims?

o If so, please describe the relevant claims and the status of the same.

• Does your firm currently have any pending claims, disputes, or matters that will result in litigation or arbitration?

• Does your firm currently have any potential claims or plans to institute any litigation directly against ABI?

o If so, please identify any and all such claims and explain the circumstances surrounding the same.

ABI reserves the right to disqualify a bid submittal if one or more responses to the questions is not acceptable to ABI.

4. Termination of Contract Although either party shall have the right to terminate the contract upon thirty (30) days’ written notice, with or without cause, ABI reserves the right to terminate the contract with thirty (30) days’ notice if the bidder elects to change any of its key personnel, partner(s), or subcontractor(s) without the express written consent of ABI.

5. Payment ABI shall make payment within 60-75 days upon receipt (as stated within the sample contract), inspection and acceptance of the work and all required documentation by ABI.

6. Code of Ethics ABI’s Code of Ethics, included as Exhibit V, applies to this solicitation.

7. Background Checks and Drug Testing The bidder may be required to implement a drug free workplace program including pre-employment testing and background checks including social security number verification. Any employee assigned to the Project may be subject to background screening through “Livescan” administered by the Georgia Bureau of Investigation.

8. Federal Work Authorization Pursuant to O.C.G.A. §13-10-91, qualifying contractors and subcontractors performing work within the State of Georgia on a contract with ABI must register and participate in a federal work authorization program. A certification form verifying participation in such a program will be required of all Respondents in addition to the S.A.V.E. Program Affidavit required by O.C.G.A. §50-36-1 (e) (2). See Exhibit B.

9. Prevailing Wage Not Used

10. Debarment and Suspension ABI shall not award a contract to bidders that are debarred or suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549.

11. Authority to Debar or Suspend After reasonable notice to the vendor involved and reasonable opportunity for that person or entity to respond, ABI’s President and CEO shall have authority to debar or suspend a person or entity for cause from consideration for award of contracts.

12. Proprietary Information ABI recognizes that material in its possession or in the possession of IA or the COA or any other government agency is subject to public examination and copying under the Georgia Open Records Act, O.C.G.A. §50-18-70, et.seq. (the “Act”). Bidder has the obligation to identify proprietary information and trade secrets by clearly marking the documents “Trade Secret” as required by the Act. If ABI receives any request under the Act to examine or copy any of the proprietary information obtained pursuant to this Agreement, it will immediately notify the bidder of such request and will respond to the requesting party within the time allowed by law, indicating to the requesting party that the information requested constitutes trade secrets and therefore is considered by ABI to be exempt from disclosure under the Act. Notwithstanding the foregoing, it shall be the obligation of the bidder to take appropriate, timely legal action to secure the nondisclosure of the information requested, at its sole expense. ABI shall cooperate in any action at law or equity in any court of competent jurisdiction to permit the bidder to seek a protective order or other relief to prevent the disclosure of the Proprietary Information of the bidder requesting disclosure under the Georgia Open Records Act; provided, however, that the bidder shall be required to indemnify ABI, IA and the COA for any and all costs, expenses, or claims arising from such matter(s).

13. Ex Parte Communication Please note that to ensure the proper and fair evaluation of a proposal or bid, ABI prohibits ex parte communication initiated by a bidder, respondent or offeror to an ABI employee, consultant, contractor, volunteer, board member, graduate or undergraduate fellow, citizen, City of Atlanta official (i.e. city council member, mayor, etc.), or any ABI affiliates, evaluating or considering the proposal or bid prior to the time a selection has been made and the contract between the awardee and ABI is executed. Communication includes but is not limited to fax, phone call, email and in-person.

Communication between a bidder, respondent, or offeror and ABI must be directed in writing to the Procurement Officer or other contact person designated by ABI only. The Procurement Officer or designated contact person will obtain the information or clarification needed. Ex parte communication may be grounds for disqualifying the offending bidder, respondent, or offeror from consideration or award of a bid or proposal (or any solicitation), and repeat offenders may be disqualified from responding to solicitations for future projects. After this solicitation has been published and up until the time a contract is fully executed, no bidder, respondent or offeror shall make direct contact with any member of ABI staff other than the persons listed on the first page of this solicitation. Furthermore, no person shall attempt to communicate with any ABI employee, director, or officer, excluding the ABI Procurement Manager or the ABI Procurement Director, regarding this ITB during its pendency.

14. Force Majeure Neither party shall be held to be in breach of the Contract resulting from this ITB because of any failure to perform any of its obligations hereunder, if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control.

Such party shall give notice and full details of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

15. Addenda and Interpretations All questions by prospective bidders as to the interpretation of the bid document must be submitted within Bonfire Portal and must be received no later than the time and date specified on the first page of this ITB. Every interpretation made to a bidder will be in the form of an addendum to the bid document. All addenda will be accessible at the Bonfire Portal link listed within this ITB. The Bonfire Portal link is listed on the first page of this ITB. It is the bidder's responsibility to inquire as to the addenda issued. All such addenda shall become part of the Agreement and all bidders shall be bound by such addenda, whether or not received by the bidders. Please double check Bonfire Portal to ensure that you have all documents that have been issued prior to submitting your bid.

ABI shall not be bound by any information, explanation, clarification, or any interpretation, oral or written, by whosoever made, that is not incorporated into an addendum to the bid document. No response shall be made to inquiries received later than the time and date specified in the ITB.

16. Preparation of Bids All bids must be submitted in accordance with the bid submittal requirements listed within this ITB and as listed on the first page of this ITB. Bid document forms are supplied by ABI and shall be subject to all requirements of the agreement as hereinafter described). 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. In the case of any bid item for which a fixed amount predetermined by ABI has already been entered on the Bid Schedule, the amount so entered shall be conclusive of all bidders as the price for such item, and shall not be revised unless ABI directs a change in the Scope of Work affecting the item to which such amount relates.

ABI may consider as irregular any conditional bid or any bid on which there is an alteration of, or departure from, the Bid Schedule hereto attached and at its option may reject the same.

Erasures or other changes in the bids must be explained or noted over the signature of the bidder. 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 render the bidder as non-responsive and cause rejection of the bid at the sole discretion of ABI.

17. Execution of Bid Bidders shall submit their bids, together with the Bid Guarantee and all forms which the bidder is required to sign, executed in the appropriate manner as set forth below:

A. If the bidder is a corporation, all required documents shall be signed by the president or vice-president of the corporation, whose signature shall be attested by the secretary or assistant secretary of the corporation and the corporate seal affixed.

B. If the bidder is an individual, the bidder shall sign all required documents and his or her signature shall be notarized by a notary public.

C. If the bidder is an individual doing business under a trade name, all required documents shall be signed by the bidder whose signature shall be followed by either, "doing business as," or "trading as," followed by the trade name of the bidder's business and notarized by a notary public.

D. If the bidder is a partnership, all required documents shall be executed by placing the name of the partnership followed by "By: (the name of the partner executing)" followed by the word "Partner," and notarized by a notary public.

E. If the bidder is a limited liability company, all required documents shall be signed and notarized by the sole or managing member or manager, as the case may be.

F. If the bidder is a joint venture, each party to the joint venture shall execute the Bid…