INVITATION TO BID

26-051 T0033-08 CDBG Northwood Drive Sidewalk and Pedestrian Crossing

BID DUE DATE & OPENING July 7, 2026, 2:00 PM EST Join Zoom Meeting https://teams.microsoft.com/meet/28811620493711?p=z0hhlttdiBsw98Knmx

Meeting ID: 288 116 204 937 11 Passcode: yS2XM7Dr

+1 872-242-8893,,620789916# US (Chicago)

NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE

Time: June 11, 2026, 11:00 AM Eastern Time (US and Canada)

Join Zoom Meeting https://teams.microsoft.com/meet/219090630678234?p=D26Ft70LnIRq8nbK4j

Meeting ID: 219 090 630 678 234

Passcode: gZ94sF9R +1 872-242-8893,,517282639# US (Chicago)

QUESTIONS DUE

June 15, 2026, 5:00 P.M.

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

https://sandysprings.bonfirehub.com/projects/233226/details

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

GENERAL INFORMATION:

This is a Section 3 Covered Contract under HUD Act of 1968. Section 3 Workers and Business Concerns are encouraged to apply.

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/233226/details Questions are due no later June 15, 2026, 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/233226/details. It is the Offeror’s responsibility to check the Bonfire portal for any addendum or other communications related to this solicitation.

https://teams.microsoft.com/meet/28811620493711?p=z0hhlttdiBsw98Knmx tel:+18722428893,,620789916 https://teams.microsoft.com/meet/219090630678234?p=D26Ft70LnIRq8nbK4j tel:+18722428893,,517282639 https://sandysprings.bonfirehub.com/projects/233226/details mailto:purchasing@sandyspringsga.gov

4. The City of Sandy Springs is accepting sealed bids from highly qualified firms meaning a Prequalified Prime Contractor listed by the Georgia Department of Transportation, Office of Contract Administration for the ITB 26-051, City of Sandy Springs, T0033-08 CDBG Northwood Drive Sidewalk and Pedestrian Crossing for the Public Works Department. The contractor must self- perform tasks constituting a minimum of fifty-one percent (51%) of the value of the contract. Work will be done in accordance with Georgia Department of Transportation’s (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required.

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.

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.

All bidders must comply with the general requirements, special and Federal provisions of the bid information and instructions enclosed herein. It is important for interested bidders to review all bid documents carefully. The T0033-08 Northwind Drive Sidewalk and Pedestrian Crossing Project is being constructed with Community Development Block Grant (CDBG) funds. CDBG funds are made available to the City of Sandy Springs through a partnership with the U.S. Department of Housing and Urban Development (HUD). Consistent with other Federal programs, CDBG requires compliance with various Federal laws, regulations and guidelines throughout the Invitation to Bid procurement process; project construction and project close-out. Important laws and regulations the successful Contractor and his/her Subcontractors must comply with include, but a not limited to, the following:

▪ Title VII of the Civil Right Act of 1964

▪ 2 CFR §200.318 and 24 CFR §570.611 Conflict of Interest provisions

▪ 29 CFR Parts 1, 3, 5, 6, and 7 Davis-Bacon Act

▪ 40 U.S.C. 3701-3708 Contract Work Hours and Safety Standards Act

▪ 24 CFR Part 75 Section 3

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 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 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: emcadoo@sandyspringsga.gov

6. All Offerors are hereby notified that any digital content, applications, websites, or technology services provided under this solicitation must comply with the accessibility standards established under the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Offerors must demonstrate their ability to deliver products and/or services that are accessible to individuals with disabilities, including compatibility with assistive technologies such as screen readers, keyboard navigation, and voice recognition tools.

7. 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;

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 mailto:emcadoo@sandyspringsga.gov

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.

Copeland Act (Anti-Kickback Act): the Federal Act that makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally-assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly payroll reports (CPRs) and regulates permissible payroll deductions

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

EA: Each PSI: Pounds Per Square Inch

GAL: Gallon MUTCD: Manual on Uniform Traffic Control Devices

LF: Lineal Feet Contractor: The Prime Contractor for the Construction

LS: Lump Sum

SY: Square Yard

TN: Ton

SCOPE OF SERVICES

General Provisions:

The CDBG Northwood Drive Sidewalk and Pedestrian Crossings project (City project # T0033-08) will construct two signalized mid-block pedestrian crossings equipped with rectangular rapid flashing beacons (RRFBs) to enhance pedestrian safety. Existing sidewalks will also be upgraded to meet the City’s street framework and ADA standards, ensuring accessibility and compliance. As part of these improvements, 316 linear feet of existing sidewalk will be replaced with a new 6-foot-wide sidewalk. Additionally, twelve existing curb ramps will be reconstructed and upgraded to meet ADA requirements. To further improve pedestrian visibility and comfort, eight new pedestrian lights will be installed along the south side of Northwood Drive. The project is to be funded through a U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant (CDBG) issued to the City of Sandy Springs.

The Contractor must perform at least 51% of work and must be a pre-qualified Prime Contractor listed by the Georgia Department of Transportation.

The Contractor shall 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 City of Sandy Springs project T0033-08 CDBG Northwood Drive Sidewalk and Pedestrian Crossings as per the attached plans. Through vehicular access and two-way traffic must be maintained during project construction.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). SEE ALSO “SPECIAL PROVISIONS”, AND THE CONSTRCTUION PLANS, PROVIDED WITH “REQUEST FOR BID” DOCUMENTS.

The Contractor shall be responsible for obtaining any permits and providing the notice to the City of Sandy Springs.

Any contract quantities above the plan quantities will be placed as directed by Engineer. Any quantities paid for under the “miscellaneous construction” pay item will be placed as directed by Engineer and the contractor will provide a quote for review by the Engineer prior to execution of work.

There is no City furnished equipment to be installed by the contractor.

This procurement has Davis Bacon Act and Build America Buy America requirements

This Project is subject to the Build American, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18, 2022.

Any request for substitute or “or equal” shall include the Manufacturer’s Certification of compliance with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment of the and Jobs Act (“IIJA”), Pub. L. 177-58. If the Instructions include a Federal requirements section, include the following: BABAA requirements apply to this project.

All requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, shall be complied with if applicable to the infrastructure project. Pursuant to

HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

The Disadvantaged Business Enterprise (DBE) program remains in effect for this contract in accordance with 49 CFR Part 26. However, pursuant to current guidance related to the DBE Program Implementation Modifications Interim Final Rule (IFR), no DBE contract goal has been established for this procurement.

Bidders are advised to carefully and thoroughly review Exhibit P for the specific Federal provisions that must be met over the course of the project. Special attention should be paid to the requirements of the Davis-Bacon Acts (DBA) and Contract Work Hours and Safety Standards Act (CWHSSA) requirements described in Exhibit P. The Contractor and all Subcontractors will be required to:

1. Pay not less than the wage rates published in the applicable wage decision included in the bidding instructions required by the DBA provided in Exhibit P; wage decision GA20260001 1/2/2026, and

2. Include a certification that the appropriate wages have been paid with the submission of each payroll form.

The wage rates published in wage decision #GA20260001 1/2/2026 in Exhibit P must be used in the preparation of each bid proposal. Bid proposals must reflect payment to laborers and mechanics of not less than the minimum pay rates for all classifications working on the Project. In the event that a wage classification is not included in the wage decision needed to prepare bids, the bidder should contact the City for assistance. All correspondence must be via email to Edward McAdoo III at purchasing@sandyspringsga.gov. Bidders must reference “ITB # 26-051, T0033-08 “Northwood Drive Sidewalk and Pedestrian Crossing” in the subject line when requesting or providing information.

In addition to the payment of wages published in wage decision #GA20260001 1/2/2026 by the U.S.

Department of Labor (DOL), time and a half must also be paid to classifications listed on the wage decision for all hours worked in excess of forty (40) hours as required by CWHSSA. To assist bidders in understanding the labor standards requirements that apply to Contractors and Subcontractors on this Project, the City has provided a link to the HUD Office of Labor Relations (OLR) publication Making Davis-Bacon Work: A Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects:

https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/guidebooks/4812LR

This publication provides guidance to bidders on complying with DBA, CWHSSA and other Federal labor standards requirements over the course of the Project. Bidders can also refer to Exhibit P:

Federal Labor Standards HUD Form 4010 of the Contract Agreement for labor standards requirements that must be met. Exhibit Q must be included in all subcontracts and lower-tier subcontracts for the Project.

Bidders are advised to carefully review the Section 3 clause in Section 7.4 of the Contract Agreement, as well as the Section 3 Contractor and Subcontractor compliance certifications included in Exhibit P.

The Federal Section 3 regulations (24 CFR Part 75) apply to this contract; however, Section 3 requirements are only triggered when building trades work is subcontracted and those subcontracts are greater than $100,000 and/or new employees are hired for this Project. These conditions are described in the certification executed by the Contractor and each Subcontractor included with the mailto:purchasing@sandyspringsga.gov mailto:purchasing@sandyspringsga.gov https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/guidebooks/4812LR bidding instructions. The Contractor and any Subcontractor(s) working on the Project are required to maintain records of their compliance or efforts to comply, to the greatest extent feasible, with Section 3 and will submit evidence to the City for its Project files.

Bidders are directed to Exhibit P for outreach and participation requirements that apply to contracting and subcontracting with Minority, Women-owned and Small Business Enterprises (M/W/SBEs) for this

Project. Bidders must show evidence of their efforts to solicit participation from M/W/SBEs in contracting and subcontracting for this Project by providing the required information on the List of Subcontractors Form included in the Bid Instructions.

There is no City furnished equipment to be installed by Contractor.

Bonds will be required for this project.

1. The selected contractor shall be able to start work within ten (10) calendar days after the

“Notice to Proceed” is issued. The time of completion for the project is two hundred seventy

(270) calendar days from the date of the “Notice to Proceed.”

2. Work hours for the project are between 8:00 AM-5:00 PM Monday through Friday.

3. There is no City furnished equipment to be installed by the contractor.

4. Bonds will be required for this project if proposal is over $100,000.00.

5. Contractor Shall not be permitted to be working on the following Government Holidays:

Holiday Dates

Memorial Day May 22, 2026 – May 25, 2026 (weekend)

Independence Day July 3, 2026 – July 5, 2026 (weekend)

Veterans Day November 11, 2026

Labor Day September 4, 2026 – September 7, 2026 (weekend)

Columbus Day October 10, 2026 – October 12, 2026 (weekend)

Thanksgiving Day November 25, 2026 – November 29, 2026 (weekend)

Christmas Day December 24, 2026 – December 27, 2026

New Year’s Day December 31, 2026 – January 3, 2027

Martin Luther King, Jr. Day January 16, 2027 – January 18, 2027 (weekend)

President’s Day February 13, 2027 – February 15, 2027 (weekend)

Memorial Day May 28, 2027 – May 31, 2027 (weekend)

Independence Day July 2, 2027 – July 4, 2027 (weekend)

Labor Day September 3, 2027 – September 6, 2027

Columbus Day October 9, 2027-October 11, 2027

Veterans Day November 11, 2027

Thanksgiving Day November 24, 2027-November 28, 2027

Christmas Day December 24, 2027-December 26, 2027

In addition, at the discretion of the Engineer and/or City personnel, no lane closures, detours, or pacing of traffic will be allowed between the hours of 5:00 AM and 10:00 PM from the day preceding any National Holiday through the first workday after the Holiday.

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 Certification of Sponsor Drug Free Workplace Georgia Security Immigration Compliance Act Affidavit Request for References Certificate of Insurance (Evidence of Insurance) Notice to Contractors Compliance with Electrical Safety Provisions Affidavit verifying Status for City Public Benefit Application Vendor Responsibility Questionnaire Corporate Certificate Georgia Business License Bid Bond (If Bid Price Exceeds $100,000 and 5% of bid submission) Buy America Certificate Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters Certification Of Lower -Tier Participant Regarding Debarment, Suspension, And Other Ineligibility And Voluntary Exclusion Certification Regarding Lobbying Disclosure of Lobbying Activities Section 3 Documentation (if Applicable) GDOT Pre-Qualified Contractor

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

Performance Bond Payment Bond Signed Contract

BID FORM

(Bidder to sign and return)

TO: PURCHASING DIRECTOR

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 26-051 Northwood Drive Sidewalk and Pedestrian Crossing

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 begin planting procedures within two hundred seventy (270) calendar days of the effective date on the Notice to Proceed.

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

Bidder’s representation section: Bidder is familiar with all laws and regulations that may affect cost, progress, and performance of the work, including BABAA requirements.

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 # 26-051

Northwood Drive Sidewalk and Pedestrian Crossing

All references must be from customers for whom your company has completed projects within the past five years that are similar in scope and services to these specifications. Bidders must clearly indicate whether they served as the prime contractor or a subcontractor on each referenced project for the:

Invitation to Bid #26-051 Northwood Drive Sidewalk and Pedestrian Crossing

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 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: ____________________________________________________________

BUY AMERICA CERTIFICATE FOR PROCUREMENTS OF STEEL, IRON, MANUFACTURED PRODUCTS

AND CONSTRUCTION MATERIALS

This procurement is subject to the Federal Transit Administration’s (FTA) Buy America requirements of

49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. § 661.5, and the Build America, Buy

America Act, Public Law 117-58 §70911-70927 and, as applicable, 2 C.F.R. Part 184.

Proponent must agree to comply with 49 U.S.C. § 5323(j) and 49 C.F.R. part 661, which provides that

Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. A waiver from the Buy America Provision may be sought if grounds for the waiver exist. In such event, Proponent shall submit pertinent data as required by MARTA or the FTA.

Proponent must also agree to comply with the Build America, Buy America Act, Public Law 117-58 §

70911-70927, including, as applicable 2 C.F.R. part 182 which only permits participation in this contract only if all construction materials used in the FTA funded project are produced in the United States.

Proponent hereby certifies that it will comply with the requirements of 49 U.S.C. § 5323(j)(1) and the applicable regulations in 49 C.F.R. part 661, and the Build America, Buy America Act, Public Law 11758

§ 70911–70927, including, as applicable, 2 C.F.R. part 184.

Date_______________________________________________________________

Signature___________________________________________________________

Company___________________________________________________________

Name______________________________________________________________

Title_______________________________________________________________

CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,

SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The Primary Participant (potential Contractor for a major third-party contract), ______________ _____, certifies to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State, or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default.

(If the primary participant is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.)

THE PRIMARY PARTICIPANT, (POTENTIAL CONTRACTOR FOR A MAJOR THIRD-PARTY CONTRACT)

_________________ , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE

PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

Date

CERTIFICATION OF LOWER -TIER PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND

OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

The Lower-Tier Participant (potential subcontractor under a major third-party contract), _________ ______, certifies by submission of this proposal that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(If the Lower-Tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal.)

THE LOWER-TIER PARTICIPANT (POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD-PARTY

CONTRACT)_________________________________ , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

Date

Approved by OMB No. 0348-0046

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See Reverse for public burden disclosure.)

1. Type of Federal Action:

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application

b. initial award

c. post-award

3. Report Type:

a. initial filing

b. material change

For Material Change Only:

year quarter date of last report

4. Name and Address of Reporting Entity:

Prime Subawardee

Tier , if known:

Congressional District, If known:

5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:

Congressional District, If known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable:

8. Federal Action Number, If known: 9. Award Amount, If known:

10. a. Name and Address of Lobbying Registrant (If individual, last name, first name, MI):

b. Individuals Performing Services (Including address if different from No. 10a) (last name, first name, MI):

11. Information requested through this form is authorized by title 31 U.S.C.

section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection.

Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No.: Date:

Federal Use Only:

Authorized for Local Reproduction Standard Form LLL (Rev. 7-97)

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred, Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward receipt. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks :Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number; Invitation for bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g. "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).

Enter Last Name, First Name and Middle Initial (MI).

11. Certifying official shall sign and date the form, print his/her name, title and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

CONTRACT AGREEMENT

For

T0033-08 CDBG Northwood Drive Sidewalk and Pedestrian Crossings (“Project”)

Between

CITY OF SANDY SPRINGS, GEORGIA

(“City”) and

(“Contractor”)

ITB # 26-051

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

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 Payment Procedure

5.3 Federal Davis Bacon Act and Contract Work Hours and Safety Standards Act

5.4 Withheld Payment

5.5 Punch List

5.6 Final Completion and 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 Surety Bonds

17.4 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 AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)

EXHIBIT L CORPORATE CERTIFICATE

EXHIBIT M ADDENDUMS

EXHIBIT N SURETY BONDS

EXHIBIT O SUBCONTRACTORS

EXHIBIT P REQUIRED CONTRACT PROVISIONS – CDBG CONSTRUCTION CONTRACTS

EXHIBIT Q CONTRACTOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS TO INCLUDE -LOWER TIER CONTRACTOR CERTIFICATION

CONTRACT AGREEMENT

This Contract Agreement (the “Agreement” or the Contract”)is made by and between the City of Sandy Springs, a political subdivision of the State of Georgia (hereinafter referred to as the City) and___________________, (hereinafter referred to as the Contractor) under seal for construction of the T0033-08 CDBG Northwood Drive Sidewalk and Pedestrian Crossings (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 (meaning a Prequalified Prime Contractor listed by the Georgia Department of Transportation, Office of Contract Administration) and experienced to provide such services necessary for construction of the Project (the City requires that the Contractor and to 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 for Bid No. 26- 051 (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…