ITB 24_071 Derby Hills.pdf

INVITATION TO BID

24-071 Derby Hills Forest Subdivision Stormwater System Repair and Maintenance Project

BID DUE DATE & OPENING July 1, 2024, 2:00 PM EST

VIA ZOOM

https://us06web.zoom.us/j/8146434147?pwd=enE0QWhqUVJQYlJvdlVRZjdtQmorQT09&omn=81796834807 Meeting ID: 814 643 4147

Passcode: K6qKVp +1 312 626 6799 US (Chicago)

+1 646 558 8656 US (New York) +1 301 715 8592 US (Washington DC)

QUESTIONS DUE

June 14, 2024, 5:00 P.M.

Bids shall only be accepted online through the Bonfire Portal at:

https://sandysprings.bonfirehub.com/projects/140562/details

Any proposal submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

GENERAL INFORMATION:

1. All communications regarding this solicitation must be with the assigned Procurement Agent, Edward S McAdoo III, purchasing@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Message Vendor

Discussions: https://sandysprings.bonfirehub.com/projects/140562/details Questions are due no later than June 14, 2024, 5:00 p.m. Questions received after this date and time may not be answered. There is a pre-bid meeting associated with this solicitation.

3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding the solicitation related to this solicitation will be posted on Bonfire website at https://sandysprings.bonfirehub.com/projects/140562/details. It is the Offeror’s responsibility to check the Bonfire portal for any addendum or other communications related to this solicitation.

4. The form of contract (“Contract”) the City intends to execute with the successful Offeror is included in this ITB. Offerors are urged to read this Contract, including exhibits carefully prior to submitting a bid. In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror must address these concerns in writing during the question and answer period. The Procurement Manager will review and determine the appropriate response. If the City determines a change is warranted, an addendum will be posted to this ITB. If a firm is unwilling to execute the Contract, whether modified by addendum or not, a bid should not be submitted.

https://sandysprings.bonfirehub.com/projects/138289/details mailto:purchasing@sandyspringsga.gov

5. The City of Sandy Springs reserves the right to reject all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Sandy Springs.

6. The City of Sandy Springs is not responsible for any technical difficulties. It is highly recommended that all potential contractors submit their quotes prior to the due date of this solicitation.

TERMS & CONDITIONS

1. All applicable Federal and State of Georgia laws and City of Sandy Springs ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Offerors throughout and are incorporated herein.

2. Professionals requiring special licenses shall be licensed in the State of Georgia and shall be responsible for those portions of the work as may be required by law.

3. No bid shall be accepted from, and no contract will be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

4. The City shall be able to request of an Offeror satisfactory evidence that it has the necessary financial resources to accomplish the requirements of the contract.

5. From the date this ITB is issued until a firm is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this solicitation, except at the direction of

Edward S McAdoo III, Procurement Agent in charge of this solicitation. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Edward S McAdoo III, Procurement Agent

City of Sandy Springs

1 Galambos Way

Sandy Springs, Georgia 30328

Email: purchasing@sandyspringsga.gov

6. While the City has every intention to make an award as a result of this solicitation, issuance of the

ITB in no way constitutes a commitment by the City to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

a. Cancel or terminate this ITB at any time. A notice of cancellation will be issued. If the

ITB is cancelled, the City will not reimburse any Offeror for preparation of its Proposal.

Proposals may be returned upon request if unopened;

b. Reject any or all Bids received, make a contract award based directly on the Proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Offerors;

mailto:purchasing@sandyspringsga.gov

c. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this ITB which would not have significant impact on any

Proposal;

d. Make partial award or no award if it is in the best interest of the City to do so; and

e. Terminate any contract if the City determines adequate funds are not available.

DEFINITIONS

SSPWD: Sandy Springs Public Works Department

GDOT: Georgia Department of Transportation

ADA: Americans with Disabilities Act. The federal act that gives civil rights protections to the disabled similar to those provided to individuals based on race, color, sex, national origin, age and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications.

CONTRACT DOCUMENTS: Contract Agreement. General Conditions, Appendices, Special Provisions, Technical Specifications, Drawings and Plans, Bidding Documents, Exhibits

EA: Each

GAL: Gallon

LF: Lineal Feet

LS: Lump Sum

SY: Square Yard

TN: Ton

OWNER: City of Sandy Springs

Contractor: The Prime Contractor for the Construction

Project. DOL: U.S. Department of Labor

GENERAL NOTES:

1. An on-site pre-construction meeting is required after utility locates and prior to beginning work. Failure to do so will result in a stop work order.

2. All work to be done in accordance with Georgia Department of Transportation “GDOT” and

City of Sandy Springs standards, latest edition, for construction of drainage systems.

3. The GDOT Standards and construction details required for this project are listed and/or called out on this ITB. The contractor shall be responsible for obtaining and maintaining on the project site such standards and detail drawings at contractor’s own expenses.

4. Trench construction for storm drainage pipe shall be in accordance with GDOT specifications and associated references, OSHA standards and City ordinances, latest edition.

5. Dimensions and locations are approximate, and it is the responsibility of the contractor to field verify prior to providing a bid.

6. The Contractor shall coordinate with the affected utilities associated with this project. No additional fees associated with utility services shall be paid by the City unless approved in advance by the Public Works Director.

7. The Contractor is responsible for calling 811 to get an authorized dig ticket for the area of work. The contractor is responsible for verifying that utilities have been marked and providing active utility locate ticket to the City inspector. If a line is struck in the process of construction, the contractor is responsible for coordinating the repair immediately. Also, the City must be notified within one hour of the incident

8. Ingress and egress shall be maintained at all times to the subject property and adjacent properties.

9. The Contractor shall observe all applicable Local, State, and Federal safety regulations. The

Contractor shall carry out operations in strict accordance with all applicable OSHA standards.

Particular attention is drawn to those safety requirements involving entering confined spaces.

10. If any conflicts or discrepancies are discovered either on the construction document or on the field conditions, the contractor must notify the City and shall not commence construction regarding the conflict until the conflicts or discrepancies are resolved or authorized to proceed by the City.

11. Reuse of used materials is not permitted unless otherwise approved in advance by the City.

Burial of construction materials is not permitted.

12. The Contractor shall contact the City prior to pouring any concrete, backfilling pipes/structures and any other time specified by the City. Failure to adhere to this requirement may cause the contractor to uncover work/re-excavate at his or her own expense.

13. The Contractor shall confirm sanitary sewer, water line, and storm sewer elevations, locations. Lateral sanitary sewer line, roof drains, and private drainage pipes and structures encountered during construction that are damaged by the contractor shall be restored by the

Contractor at his or her own expenses.

14. Contractor shall strictly adhere to dust and noise control regulations.

15. The Contractor is responsible to furnish suitable borrow material for the project and dispose any unsuitable or waste material legally.

16. All debris resulting from demolition or construction shall be removed off site and disposed legally by contractor. Construction site cleanup shall be done daily.

17. The Contractor is responsible to repair any damages caused by construction activities at contractor’s expense.

18. Daily Reports (including pictures, work performed, next day’s tasks, etc.) and Erosion Control

Reports (of installed BMPs including repairs and actions, if necessary) must be submitted no later than 9 AM the following morning. Upcoming weekly schedule must be submitted no later 4 PM the previous Friday. Recurring failure to do so may result in a Stop Work Order without a time extension.

SECTION 1 REFERENCES

1.1. 2021 GDOT-Section 890 — Seed and Sod

1.2. GDOT Standard 1034d – Catch Basins For Use with Curb (6” or 8” Ht.) & Gutter – In Sags or Low Points

1.3. GDOT Standard 9032b – Concrete Curb & Gutter, Concrete Curbs, Concrete Medians

1.4. Sandy Springs Technical Manual-Section 10 — Grading and Drainage

1.5. Sandy Springs Supplemental Cured-in-Place Pipe (CIPP) Lining Specification

SECTION 2 SUBMITTALS

Documents must be submitted no later than pre-construction meeting date. All required submittals must be satisfactory to the City.

2.1. Traffic signage plan

2.2. Sample of daily report and erosion control report

2.3. Construction schedule

2.4. Sample of Pay application

2.5. Equipment staging area(s)

2.6. Frame/cover cut sheet

2.7. High-strength non-shrink grout material data sheet

2.8. CIPP Submittals (see supplemental specification)

SECTION 3 RESPONSIBILTIES FOR INCIDENTAL ITEMS

3.1. Obtaining water from fire hydrants for cleaning, installation and other process related work items requiring water is the responsibility of the Contractor.

3.2. The Contractor is responsible for ensuring surrounding soils/materials meet compaction requirements; however, the City reserves the right to verify with a third party. In the event the surrounding material does not meet compaction requirements or City was unable to schedule testing due to insufficient warning by the Contractor (See “Work Zones and Hours”,5A ), the compaction and associated items will be at the Contractor’s cost.

EXHIBIT A

TO CONTRACT AGREEMENT

SECTION 4: SCOPE OF WORK

Derby Hills Stormwater System Repair and Maintenance Project

1055 Churchill Downs Road (See Figures 1-2, Pictures 1-3): The work consists of removing (2) existing catch basin tops and grates and replacing with (2) GDOT 1034 catch basin tops and throats modified to match existing road grade, removing approx. 40 LF of existing rolling curb and replacing with approx. 24 LF of 24” curb and gutter modified to match existing road grade, removing and repouring (2) structure inverts, grouting all structure walls, and installing approx. 30 LF of 18” Cured-in-Place Pipe (CIPP) inside the cross drain pipe. Associated work includes CIPP (see supplemental specification attachment), best management practices for erosion control, traffic control, and restoration of impacted area.

1130 Churchill Downs Road (Figures 3-4, Pictures 4-6): The work consists of removing (2) existing catch basin tops and replacing with (2) GDOT 1034 catch basin tops and throats modified to match existing road grade, removing approx. 36 LF of existing rolling curb and replacing with approx. 20 LF of 24” curb and gutter which are modified to match existing road grade, and removing and repouring (1) structure invert. Associated work includes best management practices for erosion control, traffic control, and restoration of impacted area.

1290 Old Woodbine Road (Figure 5-6, Pictures 7-9): The work consists of removing (2) existing catch basin tops and throats and replacing with (2) GDOT 1034 catch basin tops and throats modified to match existing road grade, removal of approx. 40 LF of existing rolling curb and replacing with approx. 24 LF of 24” curb and gutter to match existing road grade, removal and replacement of (2) structure inverts, grouting all structures walls, and installing approx. 32 LF of 18” CIPP inside the existing cross drain pipe. Associated work includes CIPP (see supplemental specification attachment), best practices for erosion control, traffic control, and restoration of impacted area.

SECTION 5: SCOPE OF SERVICES

5A. WORK ZONES AND HOURS:

1. Limits of disturbance are restricted to the existing Right-of-Way and construction limit as shown on the attached plat. Contractor is responsible to mark platted Right-of-Way prior to any construction activity.

2. Minimize landscaping removal to only what is necessary to perform work. No heavy equipment is allowed on private driveways.

3. Sandy Springs Public Works and third-party inspections must be notified at least 24 hours in advance of any work, required testing, etc., so that appropriate public notice can be broadcast.

Contractor shall submit construction schedule a minimum of one week prior to when the Notice to Proceed is issued.

4. Work to be performed during normal business hours (generally Monday through Friday from 8 AM to 5 PM). Exceptions to be made on a case-by-case basis and must be presented and approved in writing a minimum of three (3) days in advance.

Notes: All equipment and material shall be stored in a designated area within the Right-of-Way or construction limit. No additional work shall be performed beyond the platted Right-of-Way as shown on the attached drawings.

5B. EROSION CONTROL:

1. Erosion control measures shall be installed prior land disturbance activities and shall be maintained at all times throughout the duration of the project. No work will commence until such control measures are in place.

2. Additional erosion and sediment control devices shall be installed if deemed necessary by on-site inspection or directed by the engineer. All necessary erosion control shall be installed per GSWCC standards.

3. No grading shall be done until silt fence and inlet protection installation is complete. Contractor is responsible for replacing and repairing any erosion control measures that are not satisfactory.

4. The escape of sediment from the site shall be prevented by the installation of erosion and sediment control measures and practices prior to land disturbing activities.

5C. TRAFFIC CONTROL

1. Traffic control plans are required if public street is used for loading/unloading materials. Any portions of road way such as sidewalk, driveway, catch basin, and/or existing curb and gutter damaged during construction shall be replaced in-kind at contractor expense.

2. The City must be notified and approve of any lane closure that will last more than half a day during construction. A traffic control plan that meets MUTCD requirements must be approved by the City a MINIMUM of ONE WEEK prior to any lane closures. Any approved lane closures shall be from 9 AM to 4 PM unless otherwise approved in advance by the City.

3. Prior to beginning work, it is the contractor’s responsibility to ensure that all traffic control devices and measures comply with the approved traffic control plan.

4. Proper signage, flagging, flag men, barrels, etc. and all needed safety equipment are to be included as required.

5. At least one lane of traffic shall be maintained at all times during construction, unless otherwise approved by the City of Sandy Springs. For purposes of this bid, assume that at least one lane of the road shall remain open at all times during construction.

6. The Contractor is responsible for providing temporary traffic control measures to ensure safety at all times for employees, residents, and motorists during construction.

7. Heavy equipment is NOT allowed on any driveways.

5.D GRADING COMPLETE

1. Grading complete shall include all unclassified excavation, borrow excavation, channel excavation, bypass pumping/water diversion, backfill materials, rock excavation, unsuitable material hauling/disposing, asphalt cuts and repairs, clearing & grubbing, debris/solid waste removal and all other miscellaneous grading and removal work that is not specified in a separate pay item. This shall include all efforts necessary to achieve the compaction requirements.

5.E RESTORATION

1. Type of sod used on this project will be required to match the adjacent property.

2. Any disturbed areas should be permanently stabilized.

3. Replace all disturbed areas with like kind ground cover. If the season does not permit grassing, temporary mulch or pine-straw shall be used temporarily as directed or preferred by property owner. The Contractor will be responsible for replacement of seed or sod if an adequate stand does not become established. The Contractor shall ensure grass is alive at the end of 30 days using best practices as required including but not limited to: watering, fertilizing, ground preparation, etc. Per GDOT Special Provision Section 700 – Grassing, “Any cost for replacing any unacceptable sod will be at the Contractor’s expense.”

4. Matting may be required if it’s deemed necessary by the City’s inspector.

5. Large tree(s) or large shrubs shall not be replanted within the Right-of-Way once it is removed to maintain the drainage structure.

5.F SAFETY

1. The Contractor shall carry out operations in strict accordance with all applicable OSHA standards. Particular attention is drawn to those safety requirements involving entering confined spaces.

5.G CLEAN UP

1. The Contractor shall restore the area affected by the operations to a condition at least equal to that existing prior to the work at the contractor’s expenses.

2. All debris resulting from demolition, removed from pipes, or construction shall be removed off site and disposed legally by contractor. Construction site cleanup shall be done daily.

5.H CONCERNS/ISSUES

1. While inspecting the City’s storm system for preventative maintenance, deficiencies were identified in storm pipes draining Churchill Downs Road and Old Woodbine Road and the adjacent catch basins have an abrupt elevation change related to the road grade.

BIDDING INSTRUCTIONS

Failure to submit the following bid documents may result in the bid being deemed non-responsive and the bid shall be rejected:

City Bid Form City Qualification Signature and Certification Form

Bid Schedule Bid Price Certification

E-verify Affidavit under O.C.G.A. 13-10-91(b)(1) Addenda Acknowledgment Subcontractor List Bid Bond (5%)

Certification of Sponsor Drug Free Workplace Georgia Security Immigration Compliance Act Affidavit Certificate of Insurance Notice to Contractors Compliance with Electrical Safety Provisions Affidavit verifying Status for City Public Benefit Application Corporate Certificate Signed Contract

Upon award of contract the following items shall also be submitted:

Performance Bond Payment Bond

BID FORM

(Bidder to sign and return)

TO: PURCHASING MANAGER

CITY OF SANDY SPRINGS

SANDY SPRINGS, GEORGIA 30350

Ladies and Gentlemen:

In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Sandy Springs, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for:

ITB 24-071 Derby Hills Forest Subdivision System Repair and Maintenance

The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Sandy Springs in full conformance with the Contract Documents.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only.

It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated.

The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within sixty (60) calendar days from the initial Notice to Proceed.

The Bidder shall be responsible for installing and maintaining the “Best Management Practices” (BMP’s) throughout the term of the project.

If this bid shall be accepted by the City of Sandy Springs and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Sandy Springs may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond or certified check shall be forfeited to the City of Sandy Springs as liquidated damages.

Bidder acknowledges receipt of the following addenda:

Addendum No. Date Received

Bidder further declares that the full name and resident address of Bidder’s Principal is as follows:

Signed, sealed, and dated this day of

Bidder

Company Name

Seal

Bidder Mailing Address:

By:

Title: _

By:

Title:

QUALIFICATIONS SIGNATURE AND CERTIFICATION

(Bidder to sign and return)

I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq., have not been violated and will not be violated in any respect.

Authorized Signature Date_

Print/Type Name_______________________________________________________

Email Address

Print/Type Company Name Here_

REQUEST FOR REFERENCES

INVITATION TO BID # 24-071

Derby Hills Forest Subdivision System Repair and Maintenance

All references must be from customers for whom your company has provided projects completed in the last five years of similar scope and services as the specifications of

Invitation to Bid #24-071 Derby Hills Forest Subdivision System Repair and Maintenance

References for: _______________________________________

(Company Name)

1. Company ___________________________________________________________________________

Street Address__________________________________________________________________________

City, State & Zip ________________________________________________________________________

Contact Person Name____________________________________________________________________

Phone_________________________________________________________________________________

Email address___________________________________________________________________________

Describe specific job performed and date:

2. Company______________________________________________________________________________

Street Address ___________________________________________________________________________

City, State & Zip __________________________________________________________________________

Contact Person Name______________________________________________________________________

Phone__________________________________________________________________________________

Email address____________________________________________________________________________

Describe specific job performed and date:

3. Company _____________________________________________________________________________

Street Address ___________________________________________________________________________

City, State & Zip __________________________________________________________________________

Contact Person Name _____________________________________________________________________

Phone __________________________________________________________________________________

Email address____________________________________________________________________________

Describe specific job performed and date:

BID SCHEDULE

Item # Description QTY UNIT UNIT

COST

TOTAL

MOBILIZATION

LS

For all three sites

TRAFFIC CONTROL INCLUDING SIGNAGE PLAN

* GRADING COMPLETE

DEMO EXISTING CATCH BASIN TOP (AND GRATE) & INSTALL

NEW GDOT 1034d TOP AND THROAT

Set aside existing undamaged CB frames, covers, and grates for City to collect.

Match adjacent road grade and adjacent ground cover

EA

REMOVE EXISTING ROLLOVER CURB

As directed by City representative – At all sites

LF

INSTALL GDOT 9032b TYPE 2 CURB & GUTTER Modify elevation to match adjacent road and adjacent ground cover As directed by City representative - At all sites

GROUT ALL STRUCTURE WALLS

At 1055 Churchill Downs Road and 1290 Old Woodbine Road

REMOVE EXISTING INVERT & INSTALL NEW CATCH BASIN

INVERT

(2) at 1055 Churchill Downs Road, (2) at 1290 Old Woodbine Road, and (1) at 1130 Churchill Downs Road

18” CIPP LINING W/ ASSOCIATED COSTS

Follow Supplemental Specifications

At 1055 Churchill Downs Road and 1290 Old Woodbine Road

EROSION CONTROL – SILT FENCE TYPE NS

Include BMP installation and maintenance

At 1130 Churchill Downs Road and 1290 Old Woodbine Road

EROSION CONTROL – INLET PROTECTION

Include BMP installation and maintenance – At all sites

PERMANENT RESTORATION

Sod and pine straw to match adjacent ground cover

SUB-TOTAL

** CONTINGENCY (10% of SUB-TOTAL)

GRAND TOTAL INCLUDING CONTINGENCY

*Grading Complete - Grading complete shall include all unclassified excavation, borrow excavation, channel excavation, bypass pumping/water diversion, backfill materials, rock excavation, unsuitable material hauling/disposing, asphalt cuts, clearing & grubbing, debris/solid waste removal and all other miscellaneous grading and removal work that is not specified in a separate pay item. This shall include all compactive efforts necessary to achieve the compaction requirements.

The Bid Schedule shall include all estimated costs, expenses, and pricing (direct and indirect) along with a timeline/schedule in Gantt chart format showing the completion of the project through the bid process.

Please use the above form to provide all cost/pricing.

** Contingency – shall not be authorized without prior, written City approval.

• The Cost Proposal should include all costs. Include a 10% contingency line item of total cost.

• Bids represent a maximum not to exceed amount for work described in the scope of work for the Project. It is not a lump sum to be paid regardless of the effort required to complete the Project.

• The Contractor will only bill Sandy Springs for work actually completed and accepted by Sandy Springs.

• Any change orders or contingency expenditures shall be first approved by the City and shall be paid in accordance with approved unit prices as shown on submitted itemized list.

• Any residual funds will not be paid to the Contractor and the Project will be closed with that balance remaining.

BID PRICE CERTIFICATION

In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within one hundred and twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule.

TOTAL BID PRICE: ______________________________________________________________

TOTAL BID PRICE IN WORDS: _____________________________________________________

COMPANY: ___________________________________________________________________

ADDRESS: ____________________________________________________________________

AUTHORIZED SIGNATURE: _______________________________________________________

EMAIL ADDRESS: _______________________________________________________________

PRINT / TYPE NAME: ____________________________________________________________

BID BOND

(BID BOND TO BE RETURNED WITH BID)

KNOW ALL MEN BY THESE PRESENTS, THAT _________________ __________________

(Name of Contractor)_________________ (Address of Contractor) at __________________________________

(Corporation, Partnership and or Individual) hereinafter called Principal, and ________________ (Name of Surety) (Address of Surety

A corporation of the State of _________________, and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

The City of Sandy Springs Georgia

1 Galambos Way, Sandy Springs, Georgia 30328 herein after referred to as Obligee, in the penal sum of____________________________________ Dollars ($ _______________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to the City of Sandy Springs, Georgia, a proposal for furnishing materials, labor and equipment for:

24-071 Derby Hills Forest Subdivision System Repair and Maintenance

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder’s check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the bid is accepted, the Principal shall within ten days after receipt of notification of the acceptance execute a Contract in accordance with the Bid and upon the terms, conditions, and prices set forth in the form and manner required by the City of Sandy Springs, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to the City of Sandy Springs, Georgia, each in an amount of 100% of the total Contract Price, in form and with security satisfactory to said the City of Sandy Springs, Georgia, and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of Sandy Springs, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant, to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1, et. seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed, and dated this __________ day of ________________________________A.D., 2024

ATTEST:

(Principal Secretary) (Principal)

(SEAL) BY: ___________________________

(Witness to Principal) (Address)

(Address)

(Surety)

ATTEST

BY: _______________________________

(Attorney-in-Fact) and Resident Agent

(Attorney-in-Fact)

(Seal)

(Address)

(Witness as to Surety)

(Address)

CONTRACT AGREEMENT

For Derby Hills Forest Subdivision System Repair and Maintenance

(“Project”)

Between

CITY OF SANDY SPRINGS, GEORGIA

(“City”) and

(“Contractor”)

ITB: 24-071

TABLE OF CONTENTS

ARTICLE I

THE CONTRACT AND THE CONTRACT DOCUMENTS

1.1 The Contract

1.2 The Contract Documents

1.3 Entire Agreement

1.4 Subletting, Assignment, or Transfer

1.5 No Privity with Others

1.6 Intent and Interpretation

1.7 Ownership of Contract Documents

1.8 Hierarchy of Contract Documents

ARTICLE II

THE WORK

2.1 Contractor Responsibility

2.2 “Work” Defined

2.3 Review of Work

2.4 Workday and Restrictions, Suspension and Interruption

2.5 Work to be Performed by the Prime Contract

ARTICLE III

CONTRACT TIME

3.1 Time and Liquidated Damages

3.2 Substantial Completion

3.3 Time is of the Essence

ARTICLE IV

CONTRACT PRICE

4.1 The Contract Price

ARTICLE V

PAYMENT OF THE CONTRACT PRICES

5.1 Bid Schedule

5.2 30 Procedure

5.3 Withheld Payment

5.4 Substantial Completion and Punch List

5.5 Final Completion and Final Payment

ARTICLE VI

THE CITY

6.1 City Responsibility

6.2 Right to Stop Work

6.3 City’s Right to Carry Out Work

ARTICLE VII

THE CONTRACTOR

7.1 Duties with Respect to Documents

7.2 Manner of Performance

7.3 Supervision

7.4 Compliance

7.5 Warranty

7.6 Permits, Inspections, Fees and Licenses

7.7 Supervision

7.8 Schedules

7.9 Contract to be Maintained at Project Site

7.10 Shop Drawings, Product Data and Samples

7.11 Cleaning the Project Site and the Project

7.12 Access to Work

7.13 Indemnity

7.14 Means, Methods, Techniques, Sequences, Procedures and Safety

7.15 Separate Contracts

7.16 Maintenance of Contract Cost Records

ARTICLE VIII

CONTRACT ADMINISTRATION

8.1 Claims by the Contractor

ARTICLE IX

SUBCONTRACTORS

9.1 Definition

9.2 Award of Subcontracts

ARTICLE X

CHANGES IN THE WORK

10.1 Changes Permitted

10.2 Change Order Defined

10.3 Changes in the Contract Price

10.4 Effect of Executed Change Order

10.5 Notice to Surety; Consent

ARTICLE XI

UNCOVERING AND CORRECTING WORK

11.1 Uncovering Work

11.2 Correcting Work

11.3 City May Accept Defective or Nonconforming Work

ARTICLE XII

CONTRACT TERMINATION

12.1 Termination by the Contractor

12.2 Termination by the City

ARTICLE XIII

INSURANCE

13.1 Insurance Requirements

ARTICLE XIV

DISPUTES

14.1 Mediation

ARTICLE XV

INDEPENDENT CONTRACTOR

15.1 Relationship between Contractor and City

ARTICLE XVI

COVENANT AGAINST CONTINGENT FEES

16.1 Warranty by Contractor

ARTICLE XVII

MISCELLANEOUS

17.1 Governing Law

17.2 Successors and Assigns

17.3 Notices

EXHIBITS

EXHIBIT A SCOPE OF SERVICES

EXHIBIT B BID SCHEDULE

EXHIBIT C BID PRICE CERTIFICATION

EXHIBIT D NOTICE TO CONTRACTORS - COMPLIANCE WITH

TITLE VI OF THE CIVIL RIGHTS ACT

EXHIBIT E CERTIFICATION OF SPONSOR DRUG-FREE WORKPLACE

EXHIBIT F CERTIFICATION OF CONTRACTOR GEORGIA SECURITY

AND IMMIGRATION COMPLIANCE ACT

EXHIBIT G INSURANCE REQUIREMENTS

EXHIBIT H SPECIAL PROVISIONS

EXHIBIT I NOTICE TO CONTRACTORS COMPLAINCE WITH ELECTRICAL SAFETY PROVISIONS

EXHIBIT J AFFIDAVIT VERIFYING STATUS FOR CITY PUBLIC BENEFIT APPLICATION

EXHIBIT K CONTRACTOR AND SUNCONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)

EXHIBIT L CORPORATE CERTIFICATE

EXHIBIT M ADDENDUMS

EXHIBIT N BONDS

EXHIBIT O LIST OF SUBCONTRACTORS

CONTRACT AGREEMENT

THIS AGREEMENT (“the Agreement”) is made effective as of the execution date of the last party signing this Agreement by and between the City of Sandy Springs, a Georgia Municipal Corporation located 1 Galambos Way (“City or Owner”) and _______________, (“Contractor”) under seal for construction of the Derby Hills Forest Subdivision System Repair and Maintenance (hereinafter referred to as “the Project”);

WHEREAS, the Contractor desires to enter into this Agreement for construction of the Project and has represented to the City that it is qualified and experienced to provide such services necessary for construction of the Project (the City requires that the Contractor comply with all federal, state and local legal requirements imposed on the Project as the result of federal funding and the City has relied on such representation);

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is agreed by and between the Contractor and the City as follows:

ARTICLE I

THE CONTRACT AND THE CONTRACT DOCUMENTS

1.1 The Contract

1.1.1 The Contract between the City and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it.

1.2 The Contract Documents

1.2.1 The Contract Documents consist of this Agreement, General Conditions, Special Provisions, the Technical Specifications, the Drawings and Plans, Bidding Documents, all Change Orders and Field Orders issued hereafter, the base bid made by the Contractor in response to the City’s Invitation to Bid No. 24-071 (the “Bid”), and any other amendments hereto executed by the parties hereafter, together with the following (if any):

Documents not enumerated in this Paragraph 1.2 are not Contract Documents and do not form a part of this Contract.

1.3 Entire Agreement

1.3.1 The Contract Documents constitute the entire and exclusive agreement between the City and the Contractor with reference to the Project.

1.4 Subletting, Assignment, or Transfer

1.4.1 It is understood by the parties to this Agreement that the Work of the Contractor is considered personal by the City. The Contractor agrees not to assign, sublet, or transfer any or all of its interest in this Agreement without prior written approval of the City.

1.4.2 The City reserves the right to review all subcontracts prepared in connection with the Agreement, and the Contractor agrees that it shall submit to the City proposed subcontract documents together with Subcontractor cost estimates for the City’s review and written concurrence in advance of their execution.

1.4.3 All subcontracts in the amount of $10,000.00 or more shall include the provisions set forth in this Agreement.

1.5 No Privity with Others

1.5.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the City and any person or entity other than the Contractor.

1.6 Intent and Interpretation

1.6.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price, as hereinafter defined.

1.6.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent.

What is required by any one Contract Document shall be considered as required by the Contract.

1.6.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.

1.6.4 The words include, includes, or including, as used in this Contract, shall be deemed to be followed by the phrase, without limitation.

1.6.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract.

1.6.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.

1.6.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the shop drawings and the product data and shall give written notice to the City of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance or the express or implied approval by the City of the Contract Documents, shop drawings or product data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with this Contract. HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING THE DOCUMENTS FOR THE PROJECT, INCLUDING THE DRAWINGS AND SPECIFICATIONS FOR THE PROJECT. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the City concerning such documents as no such representation or warranties have been or are hereby made.

1.6.8 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors.

1.7 Ownership of Contract Documents

1.7.1 The Contractor may be provided, have access to or become aware of the City’s Confidential Information including the City’s strategic plans, employee data, customer data and other technical and business information of the City (collectively referred to as the “Confidential Information”). The term Confidential Information includes the deliverables as well as all information generated by the Contractor that contains, references or is derived from the Confidential Information and the Services including, without limitation, the Contractor’s summaries, analysis, extracts, working papers and notes relating to the Services and the Deliverables (referred to as the “Working Papers”). The Contractor agrees not to disclose the Confidential Information to third parties without the prior written approval of the City and not to make use of the Confidential Information other than as needed to perform the Services. The Contractor further agrees that it will only disclose the Confidential Information to its personnel on a need-to-know basis solely for the performance of the Services and will protect the Confidential Information with the same degree of care that the Contractor uses to protect its own confidential information, but no less than reasonable care or as the various laws may require or impose.

All Confidential Information as well as other documents, data and information provided to the Contractor by the City is and will remain the property of the City to the extent that it was the property of the City at the time it was provided to the Contractor.

All Confidential Information shall be returned to the City by the Contractor within five (5) business days of the completion of the Services under this Contract. The Contractor will keep no copies of the Confidential Information except that the Contractor may retain one copy of the Working Papers as required by law, regulation, professional standards or reasonable business practice. If requested by the City, an officer of the Contractor will certify in writing that, to the best of his/her knowledge, information and belief, all Confidential Information and all copies thereof (except for one copy of the Working Papers) have been delivered to the City or destroyed.

The Contract Documents, and each of them, shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City’s prior written authorization.

1.8 Hierarchy of Contract Documents

1.8.1 In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following hierarchy shall control: (a) as between figures given on drawings and the scaled measurements, the figures shall govern; (b) as between large scale drawings and small scale drawings, the large scale shall govern; (c) as between drawings and specifications, the requirements of the specifications shall govern; (d) as between the Contract Agreement and General Conditions, Special Provisions, the Technical Specifications, the Drawings and Plans, Bidding Documents, all Change Orders and Field Orders issued hereafter, the requirements of the Contract Agreement shall govern unless specifically and expressly modified by a Change Order or Amendment to this Contract Agreement approved by the City. As set forth hereinabove, any and all conflicts, discrepancies, or inconsistencies shall be immediately reported to the City in writing by the Contractor.

ARTICLE II

THE WORK

2.1 Contractor Responsibility

2.1.1 The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract.

2.2 “Work” Defined

2.2.1 The term Work shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described in Exhibit A, SCOPE OF SERVICES, attached hereto and incorporated herein.

2.3 Review of Work

2.3.1 Authorized representatives of the City and affected state or federal agencies may at all reasonable times review and inspect the activities and data collected under the terms of the Contract and any amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps, and computations, prepared by or for the City.

2.4 Workday and Restrictions, Suspension and Interruption

2.4.1 Normal workday for the Work shall be from 8:00 A.M. to 5:00 P.M. and the normal work week shall be Monday through Friday. The City will consider extended workdays or work weeks upon written request on a case-by-case basis. The City may restrict work hours in certain locations or at certain times of the day.

No work will be allowed on national holidays (i.e., Memorial Day, July 4th, Labor Day, etc.). The City may order the Contractor in writing to suspend, delay or interrupt all or any part of the Work for such period of time as it may determine appropriate for the convenience of the City. The time for completion of the Work shall be extended by the number of days the Work is suspended. The City shall not be responsible for any claims, damages or costs stemming from any delay of the Project.

2.5 Work to be Performed by the Prime Contract

2.5.1 Tasks constituting of at least fifty-one percent (51%) of the value of this contract must be performed directly by the prime contractor and shall not be sub-contracted to other firms.

2.5.2 The Contractor shall identify which tasks shall be self-performed.

ARTICLE III

CONTRACT TIME

3.1 Time and Liquidated Damages

3.1.1 The Contractor shall not proceed to furnish such services and the City shall not become obligated to pay for same until a written authorization to proceed (“Notice to Proceed”) has been sent to the Contractor from the City. The Contractor shall commence the Work no later than ten (10) days after the effective date of the Notice to Proceed and shall achieve Substantial Completion of the Work, as hereinafter defined, no later than sixty (60) Calendar Days, from the date on which the City Issues the Notice to Proceed. The sixty

(60) calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion shall constitute the Contract Time. The Work shall be carried on expeditiously, it being understood, however, that this Agreement may be extended or continued in force by the parties hereto in writing as provided herein.

3.1.2 The Contractor shall pay the City the sum of $500.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the Contract Time set forth herein .