INVITATION TO BID

27-004 Abernathy Greenway Southside Improvements

BID DUE DATE & OPENING September 25, 2026 2:00 PM EST Join Teams Meeting https://teams.microsoft.com/meet/281789792089375?p=pukrHs4XWH9iQuueZw Meeting ID: 281 789 792 089 375

Passcode: Di9VP7tN

NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE

Time: September 2, 2026 1:00 PM Eastern Time (US and Canada)

Register using the below link:

https://events.gcc.teams.microsoft.com/event/74440a67-6cf1-446e-aca0-

1abd96e8ee47@c6279049-e794-4541-8247- 8e8261a33321?source=copyLinkLegacyShareLinkDialog

QUESTIONS DUE

September 10, 2026 5:00 P.M.

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

https://sandysprings.bonfirehub.com/projects/249724/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, Connie Donley, cdonley@sandyspringsga.gov.

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

Discussions: https://sandysprings.bonfirehub.com/projects/249724/details Questions are due no later than September 10, 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/249724/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 If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror must address these concerns in writing during the question-and-answer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.

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 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 Reginald Starling, 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:

Connie Donley, Procurement Agent City of Sandy Springs 1 Galambos Way Sandy Springs, Georgia 30328 Email: cdonley@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

ADA: Americans with Disabilities Act

ASTM: ASTM International

Base Bid: The bidder’s Firm Fixed Price for all Work within the Base Bid project limits, excluding Bid Alternates unless expressly stated otherwise.

Bid Alternate: A separately priced portion of the Work that the City may accept or reject. An accepted Bid Alternate becomes part of the Contract Work. The final definitions must match the alternate numbering in Exhibit B.

BMP: Best Management Practice

Construction Documents: The project drawings, technical specifications, details, schedules, and revisions prepared for construction by AtkinsRéalis.

Contract Documents: The executed agreement, ITB, accepted bid, exhibits, bonds, insurance requirements, Construction Documents, Special Provisions, addenda, and authorized modifications incorporated into the Contract.

Contractor: The Prime Contractor for the Construction Project.

DOL: U.S. Department of Labor

EA: Each

EPD: Environmental Protection Division

ES&PCP: Erosion, Sedimentation, and Pollution Control Plan

FC: Fulton County

FHWA: Federal Highway Administration

GAEPD: Georgia Environmental Protection Division

GAL : Gallon

GDOT; Georgia Department of Transportation

LF: Lineal Feet

LS: Lump Sum

MUTCD: Manual on Uniform Traffic Control Devices

NTP: Notice to Proceed

OWNER: City of Sandy Springs

PAM: Polyacrylamide

PLET: Pollutant Load Estimation Tool

PSI: Pounds Per Square Inch

Special Provisions: Project-specific requirements that supplement or modify the standard specifications. The Contract should establish which document controls if a Special Provision conflicts with another Contract Document.

SSPWD : Sandy Springs Public Works Department

SY : Square Yard

TN: Ton

USEPA: United States Environmental Protection Agency

Scope of Work Summary

Project Overview

The City of Sandy Springs is seeking a qualified, licensed, and experienced contractor to provide construction and related landscape maintenance services for the Abernathy Greenway Southside Improvement Project in Sandy Springs, Georgia.

The project is a comprehensive improvement initiative intended to transform the existing greenspace park property into an accessible, environmentally sensitive, and community focused destination.

Scope of Services

The project scope of work includes but is not limited to the installation of erosion control measures, site preparation, selective clearing, demolition, grading, installation of new infrastructure including trails, storm drainage, stream restoration, BMP and water quality measures, walks, nature preserve area, hardscape, site furnishings, irrigation, landscape planting, and the relocation and installation of sanitary sewer line, and the construction of a landscape storage facility.

Contractors are requested to provide four separate Fixed Fee (Lump-Sum) proposals for the Abernathy Greenway Southside Improvements. They include:

Base Bid Includes improvements from the intersection of Long Acres Drive east to the intersection of Wright Road.

Bid Alternative #1 Includes the sanitary sewer improvements that are located within the project, and in accordance with construction documents.

Bid Alternate #2 Includes Two-Year Landscape Maintenance for Base Bid project area from Long Acres Drive east to the intersection of Wright Road. Contractor shall refer to the Landscape Maintenance Special Provisions, Section 705–0000

Bid Alternate #3 which includes Greenway, improvements from Wright Road, east to the Abernathy Greenway project limits.

The proposed improvements are to be completed in accordance with AtkinsRéalis construction documents, and Special Provisions, City of Sandy Springs codes, Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), Georgia EPD regulations and grant requirements, Fulton County, Department of Public Works Specifications and Standards for Sanitary Sewer Improvements, and the City of Atlanta Department of Watershed Management Specifications for water improvements. The design shall be built to ADA and ASTM safety standards. Strict measures for tree protection, stormwater management, and native landscape restoration are integrated throughout the project to preserve the park’s ecological integrity.

Upon completion, the park will feature restored riparian buffers, and accessible public spaces that encourage recreation, learning, and environmental stewardship. The result will be a durable, low maintenance, and cohesive park environment that harmonizes with its natural surroundings and enhances the community’s connection to the Greenway. The Abernathy Greenway Southside Construction Documents and Special Provisions can be found on Bonfire. There is no City furnished equipment to be installed by the contractor.

The selected Contractor shall be prepared to begin work within ten (10) calendar days after the City issues the Notice to Proceed. The Base Bid shall be constructed and substantially complete within two hundred seventy (270) calendar days from the City’s Notice to Proceed.

If Bid Alternate No. 1 is accepted, the sanitary sewer improvements shall be constructed concurrently with the Base Bid, and the combined work shall be substantially complete within three hundred (300) calendar days from the City’s Notice to Proceed.

If Bid Alternate No. 2 is accepted, the Contractor shall provide Two Year Landscape Maintenance for the Base Bid project area in accordance with the Landscape Maintenance Special Provisions, Section 705-0000. The commencement date for the Two Year Landscape Maintenance period shall be established in the Notice to Proceed or other written direction issued by the City.

If Bid Alternate No. 3 is accepted, the improvements east of Wright Road shall be constructed concurrently with the Base Bid and Bid Alternate No. 1, and the combined work shall be substantially complete within three hundred sixty (360) calendar days from the City’s Notice to Proceed.

Contractor pedestrian and vehicle traffic control must be compliant with the current Manual on Uniform Traffic Control Devices (MUTCD). Work hours for the project are between 8:00 AM-5:00 PM Monday through Friday.

Contractor Shall not be permitted to be working on the following Government Holidays: (New Years Day Holiday, Martin Luther King Jr. Day Holiday, Presidents Day Holiday, Memorial Day Holiday, Independence Day, Labor Day Holiday, Columbus Day Holiday, Thanksgiving Day Holiday, Day After Thanksgiving Holiday, and Christmas Day Holiday)

Contractor Licensing Requirements

Utility Contractor License: If Bid Alternate No. 1 is accepted, sanitary sewer relocation and utility work shall be performed by a Georgia licensed Utility Contractor. The Utility Contractor shall employ a full time Georgia licensed Utility Manager and shall provide licensed Utility Foremen and other qualified personnel as required by Georgia law.

Pesticide Contractor License: For Bid Alternate No. 2, the Contractor shall have at least one person holding the Georgia Department of Agriculture pesticide credential required by Section 705-0000 of the Special Provisions. The Contractor shall also maintain any Pesticide Contractor license, Commercial Applicator certification, or other credential required for pesticide and herbicide applications performed for compensation.

The Contractor shall obtain any additional licenses, certifications, and permits required for irrigation, backflow prevention, traffic control, land disturbance, blasting, hauling, environmental remediation, or other regulated activities included in the construction documents.

Bid Review, Evaluation, and Award

The City will first review each bid to determine whether it is responsive to the solicitation requirements. The review may include verification that the bidder submitted all required forms, pricing, acknowledgments, bonds, affidavits, licenses, and other required information.

The City will then determine whether each responsive bidder is responsible and capable of performing the work. Responsibility considerations may include licensing, relevant experience, available personnel and equipment, financial capacity, bonding and insurance capability, references, past performance, and the ability to meet the required schedule.

For purposes of determining the lowest evaluated bid, the Department will combine the following prices:

Base Bid.

Bid Alternate No. 1.

Bid Alternate No. 2.

The combined total of the Base Bid, Bid Alternate No. 1, and Bid Alternate No. 2 will be used to determine the apparent lowest responsive and responsible bidder. Bid Alternate No. 3 will not be included in the evaluated total used to establish bidder ranking.

The City reserves the right to accept or decline all Bid Alternates and to proceed in accordance with what is in the City’s best interest. The City also reserves the right to reject any or all bids, waive informalities or minor irregularities when legally permissible, verify bid calculations, and request clarification that does not permit a bidder to alter its price or obtain an unfair competitive advantage.

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 Certificate of Insurance Notice to Contractors Compliance with Electrical Safety Provisions Affidavit verifying Status for City Public Benefit Application Corporate Certificate Signed Contract (strongly encouraged, but not mandatory) Business License Bid Bond (If Bid Price Exceeds $100,000) References (References shall be provided for Prime Contractor) Equipment List

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

Performance Bond Payment Bond Certificate of Insurance Signed Contract

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:

Abernathy Greenway Southside Improvements

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 ninety (90) 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.

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 # 27-004

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 #27-004 Abernathy Greenway Southside Improvements

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

Instructions to Bidders These instructions govern the preparation of the Bid Schedule and the pricing submitted for the Base Bid and Bid Alternates.

1. Prices must be expressed in U.S. dollars.

2. All lump sum pricing must include labor, materials, equipment, overhead, supervision, permits, and testing necessary to fully complete the project and perform the work in accordance with the project specifications, plans, and Contract Documents.

3. The Bid shall be submitted as a firm fixed price (lump sum amount) for the complete Scope of Work.

4. The Contractor is required to provide unit prices for each Bid Item.

5. The Contractor is required to confirm the Bid Item quantities necessary to complete the project as indicated in the construction documents. The Bid quantities shown in the Bid Form are provided for reference.

6. The Contractor's fixed fee amount (lump sum amount) shall equal the total of all extended unit prices provided in the Bid.

7. The City reserves the right to accept or decline all Bid Alternates and to proceed in accordance with what is in the City's best interest.

8. This project is partially funded through a Georgia Environmental Protection Division Section 319(h) grant. The Contractor shall comply with all applicable Georgia EPD Section 319(h) grant requirements and regulations, including the Project Activities and Tasks identified below.

a. Project Activity #4: Construction and installation of the Best Management Practices,

i. Task #5: Construction and stream bank stabilization proposed in the construction documents (approximately 500+- LF.) (Bioretention/Rain Garden and Bio Swales and Vegetation Enhancements).

ii. Task #6: Restoration of approximately 500LF of stream buffer, controlling of invasive species, complete native planting within the stream buffer in accordance with the construction plans, before and after photos.

b. Project Activity #5: - Provisions for Operations and Maintenance of Structural Best Practices (BMPs)

i. Task #7: Operate and maintain all BMPs for two-year maintenance period. Prepare OM Manual, of properly functioning BMPs

c. Project Activity # 6: BMP Effectiveness Monitoring

i. Task #8: Provide quarterly inspections of the project installation

d. Project Activity #7: Load reduction Models ands Water Quality Data Evaluations

i. Task #9: Estimate load reductions using Pollutant Load Estimation Tool (PLET) online dashboard model. Prepare reports for each BPM installed, including surface water sample lab reports of water quality data collected and shared by FC. Provide Outputs and Outcomes

e. Project Activity #8: Signage

i. Task #10: Installation of two education signs at the park. City to furnish text.

f. Project Activity #10: Prepare and Submit Quarterly and Close-Out Reports and Invoices

i. Task #14: Participate in GAEPD Project review Meetings

ii. Task #15: Submit Final Invoice and closeout report within 30 days of the contract term for inclusion in the USEPA Grants Reporting and Tracking System.

All pricing shall be submitted on the separate attachment identified as Exhibit B: Bid Schedule.

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: ____________________________________________________________

Schedule of Events

Event Date Time

ITB Advertisement Wednesday, August 19, 2026 N/A

Pre-Bid Conference Wednesday, September 2, 2026 1:00 PM EST

Deadline for Questions

Thursday, September 10, 2026 5:00 PM EST

Final Addendum Issued

Friday, September 18, 2026 TBD

Bid Due Date Friday, September 25, 2026 2:00 PM EST

CONTRACT

For

(“Project”)

Between

CITY OF SANDY SPRINGS, GEORGIA

(“City”) and

(“Contractor”)

ITB # 27-004

01977500-2

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 Withheld Payment

5.4 Substantial Completion and Punch List

5.5 Final Completion and Payment

ARTICLE VI

THE CITY

6.1 City Responsibility

6.2 City’s Right to Stop Work

6.3 City’s Right to Carry Out the Work

6.4 City's Right to Suspend or Interrupt the 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 Field Order Define

10.4 Changes in the Contract Price

10.5 Effects of Executed Change Order

10.6 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 COMPLIANCE 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 ADDENDA

EXHIBIT N SURETY BONDS

EXHIBIT O SUBCONTRACTORS

CONTRACT FOR CONSTRUCTION

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 Sandy Springs, GA 30328 (“City or Owner”) and _____________________ (“Contractor”) a legal entity having a principal office address of _____________________________ and authorized to do business in the State of Georgia under seal for construction of the _______________ (hereinafter referred to as “the Project”);

WHEREAS, the Contractor desires to enter into this Agreement for construction of the Project; and

WHEREAS, the Contractor has represented to the City that it is qualified and experienced to provide such services necessary for construction of the Project; and

WHEREAS, the Contractor has represented that it will comply with all federal, state and local legal requirements imposed on or applicable to the Project.

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. The Contract shall be effective on the date indicated in the introductory paragraph hereof.

1.2 The Contract Documents

1.2.1 The Contract Documents consist of this Agreement, General Conditions, Special Provisions as attached hereto as EXHIBIT H – SPECIAL PROVISIONS, the Specifications, the Drawings, 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. 27-004 (“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 constitutes the entire and exclusive agreement between the City and the Contractor with reference to the Project. The Contract may be modified only by written Change Order or Field Order issued in accordance herewith. No oral representations or conduct by the Owner or any of its representatives, employees or agents shall be sufficient to modify the terms of the Contract.

1.4 Subletting, Assignment, or Transfer

1.4.1 It is understood by the parties to this Contract 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 Contract without prior written approval of the City.

1.4.2 The City reserves the right to review all subcontracts prepared in connection with the Contract, 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 entered into by the Contractor for performance of Work under the Contract shall include or incorporate the provisions set forth in this Contract in their entirety.

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 (1) 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 (1) 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 Work or any part thereof. 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. 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 or termination of the Contract. The Contractor will keep no copies of the Confidential Information except that the Contractor may retain one (1) 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 (1) 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 (1) 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 this Agreement and the General Conditions, Special Provisions, the Technical Specifications, the Drawings and Plans, or Bidding Documents ,all Change Orders and Field Orders issued hereafter, the requirements of this Agreement shall govern unless specifically and expressly modified by a Change Order or Amendment to this 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. If after application of the above, the conflict, discrepancy, or inconsistency cannot be resolved, the Contractor shall be obligated to perform in accordance with the most stringent requirement and/or provide the greater scope of Work as such resolution.

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 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 all labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits, licenses, fuel, heat, light, cooling, and utilities and any other thing or service required of the Contractor to complete 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, GDOT, and affected state and federal agencies may at all reasonable times have access to review and inspect the Work, activities and Contractor’s records and data prepared or 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.).

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 the same, until the City has issued a written authorization to proceed (“Notice to Proceed”) to the Contractor. The Contractor shall commence the Work no later than ten (10) calendar days after the effective date of the Notice to Proceed. The Base Bid shall be substantially complete no later than two hundred seventy (270) calendar days from the date the City issues the Notice to Proceed. If Bid Alternate No. 1 is accepted, the sanitary sewer improvements shall be constructed concurrently with the Base Bid, and the combined Work shall be substantially complete no later than three hundred (300) calendar days from the date the City issues the Notice to Proceed. If Bid Alternate No. 2 is accepted, the improvements east of Wright Road shall be constructed concurrently with the Base Bid and Bid Alternate No. 1, and the combined Work shall be substantially complete no later than three hundred sixty (360) calendar days from the date the City issues the Notice to Proceed. If Bid Alternate No. 3 is accepted, the Contract Time shall include the Two Year Landscape Maintenance period specified in Section 705-0000. The Contractor shall achieve Final Completion of the applicable construction Work, as defined in Section 5.5, no later than twenty-one (21) calendar days after achieving Substantial Completion. These periods shall constitute the Contract Time. The Work shall be carried on continuously and expeditiously; provided, however, that the Contract Time may be extended by Change Order as provided herein..

3.1.2 The Contractor shall pay the City the liquidated damages in the amount of $500.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any such sums due and payable hereunder by the Contractor shall be payable to the City, not as a penalty, but as liquidated damages representing a reasonable estimate of damages likely to be sustained by the City by reason of such unexcused delay, estimated at or before the time of executing this Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If the Contractor should recovery such delay in achieving Substantial Completion, or any part thereof, for which the City has liquidated damages, the City shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

3.2 Substantial Completion

3.2.1 Substantial Completion shall mean the stage of the Contractor’s performance under the Contract, as determined in the City’s sole and absolute discretion, when the Work is sufficiently complete allowing the newly constructed facilities to be occupied by the City and used for their intended purpose. The City and Contractor may agree to declare portions of the Work substantially complete pursuant to the conditions for issuing a Certificate of Substantial Completion as provided in Article 5, Section 5.4 and allow the City to occupy and use such portions by written agreement.

However, absent such agreement, partial use or occupancy of the Work shall not result in the Work being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

3.3 Time is of the Essence

3.3.1 The Contractor’s timely performance of the Work, and all limitations of time related thereto as set forth in the Contract Documents are of the essence of this Contract.

ARTICLE IV

CONTRACT PRICE

4.1 The Contract Price

4.1.1 The total Contract amount for the Project (the “Contract Price”) is $00,0000 Dollars and is set forth in detail the bid schedule (“Bid Schedule”) attached hereto as EXHIBIT B, BID SCHEDULE and incorporated herein. The Contract Price shall be certified by the Bid Price Certification (“Bid Price

Certification”) attached hereto as EXHIBIT C, BID PRICE CERTIFICATION and incorporated herein.

Payment to the Contractor of the Contract Price pursuant to the Bid Schedule, as may be adjusted by Change Order in accordance with the Contract, shall be full payment for the complete scope of Work provided for in the Contract. The Contract Price shall not be modified except by Change Order as provided in this Contract.

ARTICLE V

PAYMENT OF THE CONTRACT PRICE

5.1 Bid Schedule

5.1.1 The Contractor shall invoice and be paid pursuant to the Bid Schedule contained in the Contract Documents.

5.2 Payment Procedure

5.2.1 The City shall pay the Contract Price to the Contractor as provided below.

5.2.2 Based upon the Contractor’s invoices for payment submitted to the City, the City shall make progress payments to the Contractor on account of the Contract Price.

5.2.3 On or before the 5th day of each month after commencement of the Work, the Contractor shall submit an invoice for Work satisfactorily completed pursuant to the Bid Schedule. The invoice shall be in such form and manner, and with such supporting data and content, as the City may require.

Contractor’s submission of such fully executed Contractor’s Interim Claim Waiver, shall be an express condition precedent to the City’s obligation to pay any invoice submitted by the Contractor under this Subparagraph. Therein, the Contractor may request payment for ninety percent (90%) of that portion of the Contract Price properly allocable to the Work properly provided, including labor, materials and equipment properly incorporated into the Work plus ninety percent (90%) of that portion of the Contract Price properly allocable to materials or equipment properly stored on-site (or elsewhere if approved in advance in writing by the City) for subsequent incorporation into the Work, less the total amount of previous payments received from the City. Payment for stored materials and equipment, whether such materials are stored on or off the Project site, shall be conditioned upon the Contractor’s proof satisfactory to the City, that the City has title to such materials and equipment, that such materials and equipment have been properly stored and secured, and that the Contractor has in effect proper insurance providing for the replacement of such stored materials or equipment in the event of damage or theft. Such invoice shall be signed by the Contractor and shall constitute the Contractor’s representation that the Work has progressed to the level for which payment is requested in accordance with the Contractor’s construction schedule, that the Work has been properly installed or performed in full accordance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the City will review the invoice and may also review the Work at the Project Site or elsewhere to determine whether the quantity and quality of the Work is as represented in the invoice and is as required by this Contract.

The City shall make partial payments on account of the Contract Price to the Contractor within thirty

(30) days following receipt of each invoice. The amount of each partial payment shall be the amount approved for payment less such amounts of retainage for up to ten percent (10%) of the Contract Price, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by this Contract.