INVITATION TO BID

27-007 S2161 Windsor Parkway Sidewalk Project

BID DUE DATE & OPENING October 11, 2026, 2:00 PM EST Join Microsoft Teams Meeting https://teams.microsoft.com/meet/22413914702132?p=xCGuCgTButdGxjpjtF Meeting ID: 224 139 147 021 32

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+1 872-242-8893 US (Chicago) +1 929-352-1870 US (New York)

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NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE

Time: September 10, 2026, 11:00 AM Eastern Time (US and Canada)

VIA MICROSOFT TEAMS WEBINAR

https://events.gcc.teams.microsoft.com/event/bf195c3b-c5d0-4d87-b16e-4fbc5b0a793b@c6279049-e794-

4541-8247-8e8261a33321

QUESTIONS DUE

September 17, 2026, 5:00 P.M.

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

https://sandysprings.bonfirehub.com/projects/252857/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, Ericka Kelly, purchasing@sandyspringsga.gov.

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

Discussions: https://sandysprings.bonfirehub.com/projects/252857/details Questions are due no later than September 17, 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/252857/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 https://teams.microsoft.com/meet/22413914702132?p=xCGuCgTButdGxjpjtF https://events.gcc.teams.microsoft.com/event/eddc5f78-c8e9-4b35-b54e-0a3020d191a3@c6279049-e794-4541-8247-8e8261a33321?source=copyLinkLegacyShareLinkDialog https://events.gcc.teams.microsoft.com/event/eddc5f78-c8e9-4b35-b54e-0a3020d191a3@c6279049-e794-4541-8247-8e8261a33321?source=copyLinkLegacyShareLinkDialog https://sandysprings.bonfirehub.com/projects/252857/details mailto:purchasing@sandyspringsga.gov 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

Ericka Kelly, 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:

Ericka Kelly, Procurement Agent City of Sandy Springs 1 Galambos Way Sandy Springs, Georgia 30328 Email: purchasing@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 mailto:purchasing@sandyspringsga.gov 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

GDOT: Georgia Department of Transportation

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

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

EA: Each

PSI: Pounds Per Square Inch

GAL: Gallon

LF: Lineal Feet

LS: Lump Sum

SY: Square Yard

TN: Ton

OWNER: City of Sandy Springs

Contractor: The Prime Contractor for the Construction

Project. DOL: U.S. Department of Labor

MUTCD: Manual on Uniform Traffic Control Devices

SCOPE OF SERVICES

1. PROJECT DESCRIPTION

This project includes the construction of the Windsor Parkway Sidewalk Project (S2161). The project will install 6’ sidewalk with 2’ wide landscape strip and curb and gutter on the south side of the street from the intersection of Windsor Parkway and Dalmer Road to existing sidewalk at 727 Windsor Parkway. The project will include approximately 2,940 LF of sidewalk, drainage upgrades which include but is not limited to 1,739 LF of 18” RCP along the south side of Windsor Parkway, 16 new catch basins, one (1) reconstructed catch basin, one (1) new drop inlet, and one (1) manhole, extension of an existing culvert, two (2) parapet walls, and other associated improvements.

The project will be funded through the Sandy Springs TSPLOST program.

Contract Duration: 365 Calendar Days

2. REFERENCE DOCUMENTS

Detailed project information is provided in the construction plans titled:

- “Windsor Parkway Sidewalk Between 396 Carolwood Ln and 721 Windsor Parkway”

3. CONTRACTOR QUALIFICATIONS

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

4. GENERAL REQUIREMENTS

• The Contractor shall furnish all labor, materials, equipment, tools, and incidentals necessary to complete the project, in accordance with the approved plans and Contract Documents.

• Through vehicular access, driveway access, and two-way traffic shall be maintained at all times during construction.

• Disturbed areas shall be restored with sod matching existing conditions.

• No disturbance outside the established construction limits will be permitted.

• There are no City-furnished materials or equipment to be installed by the Contractor.

5. STANDARDS AND SPECIFICATIONS

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 CONSTRUCTION PLANS, PROVIDED WITH “REQUEST FOR

BID” DOCUMENTS.

6. PERMITTING

This project will be constructed under City of Sandy Springs Public Works Permit No. CITY-26-22.

This project is authorized by the U.S. Army Corps of Engineers Regional General Permit 34 (SAS- 2026-00146). The Contractor shall comply with all applicable U.S. Army Corps of Engineers permit requirements, conditions, approvals, and mitigation measures associated with the Work, and shall be responsible for performing all activities in accordance with those requirements throughout the duration of the project.

The Contractor shall be responsible for obtaining all other required permits and providing appropriate notifications to the City prior to the commencement of work.

7. MEASUREMENT AND PAYMENT

• Any contract quantities exceeding those shown on the construction plans shall be performed only as directed by the Engineer.

• Items paid under the “Miscellaneous Construction” pay item shall be pre-approved by the

Engineer.

• The Contractor shall submit a cost proposal for review and written approval by the

Engineer prior to performing any additional work.

8. UTILITY COORDINATION AND SITE PREPARATION

The Contractor shall perform all clearing and grubbing necessary to prepare the site for utility relocation activities. This includes coordination with the City and affected utility owners to ensure proper access and sequencing of work.

Following site preparation, the Contractor shall provide adequate workspace and scheduling support to allow the following utility work, including but not limited to:

• City of Atlanta Water – Permitting and Inspections

• Fulton County Sewer – Adjust manhole to grade

• Georgia Power – Pole and guy wire relocation

• AT&T – Communication line (aerial and underground)

• Southern Company Gas – Natural gas pipeline relocations

The Contractor shall maintain continuous coordination with all utility companies throughout the process to minimize delays and avoid conflicts between utility work and subsequent construction activities.

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)

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 Business License Bid Bond (If Bid Price Exceeds $100,000) Vendor Responsibility Questionnaire

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:

ITB 27-007 S2161 Windsor Parkway Sidewalk Project

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 # 27-007

S2161 Windsor Parkway Sidewalk Project

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 #27-007 S2161 Windsor Parkway Sidewalk Project

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: _________________________________________________

City of Sandy Springs 27-007 S2161 Windsor Parkway Sidewalk Project

Bid Schedule Item No.

Pay Item Description Estimated Qty.

Unit Unit Price Total Price

1 150-1000 Traffic Control - Project 1 LS

2 163-0232 Temporary Grassing 1 AC

3 163-0240 Mulch 11 TN

4 163-0550 Construct and Remove Inlet Sediment Trap 18 EA

5 165-0010 Maintenance of Temporary Silt Fence, TP A 213 LF

6 165-0105 Maintenance of Inlet Sediment Trap 18 EA

7 171-0010 Temporary Silt Fence, Type A 425 LF

8 210-0100 Grading Complete 1 LS

9 310-1101 Graded Aggregate Base Course, Incl. Matl. 260 TN

10 441-0016 Driveway Concrete, 6 IN TK 298 SY

11 441-0104 Conc Sidewalk, 4 IN 1496 SY

12 441-0108 Conc Sidewalk, 8 IN 54 SY

13 441-0108 Conc Valley Gutter, 6 IN 476 SY

14 444-1000 Sawed Joints in Exist Pavement - PCC 58 LF

15 441-5002 Concrete Header Curb, 10 IN, TP 2 124 LF

16 441-5004 Concrete Header Curb, 10 IN, TP 4 100 LF

17 441-6012 Conc Curb & Gutter, 6 IN X 24 IN, TP 2 2905 LF

18 500-3002 Class AA Concrete 19 CY

19 500-3120 Class A Concrete, Type P3, Retaining Wall 244 LF

20 500-3800 Class A Concrete Incl Reinf Steel 125 CY

21 511-1000 Bar Reinf Steel 2677 LB

22 550-5180 Storm Drain Pipe, 18 IN, Class III 1739 LF

23 611-3000 Reconstr Cath Basin, GP 1 1 EA

24 611-8120 Adjust Water Meter Box to Grade 6 EA

25 611-9999 Mailbox Relocation 10 EA

26 611-9999 Mailbox Reconstruction 3 EA

27 634-1200 Right of Way Markers 5 EA

28 636-1033 Highway Signs, TP 1 Matl, Refl Sheeting, TP 9 53 SF

29 636-1036 Highway Signs, TP 1 Matl, Refl Sheeting, TP 11 43 SF

30 636-2070 Galv Steel Posts, TP 7 117 LF

31 643-8200 Barrier Fence (Orange), 4 FT 2481 LF

32 653-1501 Thermoplastic Solid Traf Stripe, 5 IN, White 2948 LF

33 653-1804 Thermoplastic Solid Traf Stripe, 8 IN, White 168 LF

34 653-1704 Thermoplastic Solid Traf Stripe, 24 IN, White 141 LF

35 668-1100 Catch Basin, GP 1 14 EA

36 668-1110 Catch Basin, GP 1,. Addl Depth 2 LF

37 668-2100 Drop Inlet, GP 1 1 EA

38 668-4300 Storm Sewer Manhole, TP 1 1 EA

39 670-9730 Relocate Existing Water Meter, Incl Box 17 EA

40 700-7000 Agricultural Lime 1 TN

41 700-8000 Fertilizer Mixed Grade 0.1 TN

42 700-8100 Fertilizer Nitrogen Content 20 LB

43 700-9300 Sod 1887 SY

44 XXX-XXXX Granite Wall Cap 349 LF

45 XXX-XXXX Granite Wall Cladding 3789 SF

46 XXX-XXXX Reset Sanitary Sewer Cleanout to Grade 7 EA

999-0001 Miscellaneous Construction Contingency As Directed By Engineer

1 LS $100,000.00 $100,000.00

Total

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

Advertisement September 4th, 2026

Pre-Bid Conference (Non-Mandatory) September 10th, 2026 at 11:00 AM EST

Deadline for Written Inquiries September 17th, 2026 by 5:00 PM EST

Bid Due Date October 6th by 2:00 PM EST

Evaluation November 3rd 2026

BID BOND

(BID BOND TO BE RETURNED WITH BID)

KNOW ALL MEN BY THESE PRESENTS, THAT _________________ __________________

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

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

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

1. The City of Sandy Springs Georgia

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

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

27-007 S2161 Windsor Parkway Sidewalk Project

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

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

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

Signed, sealed, and dated this __________ day of ________________________________A.D., 2026

ATTEST:

(Principal Secretary) (Principal)

(SEAL) BY: ___________________________

(Witness to Principal) (Address)

(Address)

(Surety)

ATTEST

BY: _______________________________

(Attorney-in-Fact) and Resident Agent

(Attorney-in-Fact)

(Seal)

(Address)

(Witness as to Surety)

(Address)

CONTRACT

For

(“Project”)

Between

CITY OF SANDY SPRINGS, GEORGIA

(“City”) and

(“Contractor”)

ITB #

TABLE OF CONTENTS

ARTICLE I

THE CONTRACT AND THE CONTRACT DOCUMENTS

1.1 The Contract

1.2 The Contract Documents

1.3 Entire Agreement

1.4 Subletting, Assignment, or Transfer

1.5 No Privity with Others

1.6 Intent and Interpretation

1.7 Ownership of Contract Documents

1.8 Hierarchy of Contract Documents

ARTICLE II

THE WORK

2.1 Contractor Responsibility

2.2 “Work” Defined

2.3 Review of Work

2.4 Workday and Restrictions, Suspension and Interruption

2.5 Work to be Performed by the Prime Contractor

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 Changes in the Contract Price

10.4 Effects 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 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. 27-007 (“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.). The City may order the Contractor in writing to suspend, delay or interrupt all or any part of the Work for such period of time as it may determine appropriate for the convenience of the City. The time for completion of the Work shall be extended by the number of days the Work is suspended. The City shall not be responsible for any claims, damages or costs stemming from any delay of the Project.

2.5 Work to be Performed by the Prime Contractor

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

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

ARTICLE III

CONTRACT TIME

3.1 Time and Liquidated Damages

3.1.1 The Contractor shall not proceed to furnish such services, and the City shall not become obligated to pay for same until a written authorization to proceed (“Notice to Proceed”) has been sent to the Contractor from the City. The Contractor shall commence the Work no later than ten (10) days after the effective date of the Notice to Proceed and shall achieve Substantial Completion of the Work no later than 365 calendar days from the date on which the City issues the Notice to Proceed. The Contractor shall achieve Final Completion of the Work, as defined within Section 5.5. no later than twenty-one (21) days after achieving Substantial Completion. . This shall constitute the Contract Time. The Work shall be carried on continuously and expeditiously, it being understood, however, that this Contract may be extended or continued in force by the parties hereto 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. In addition, the Contractor shall pay the City liquidated damages in the amount of $1,000.00 per day for failure to reopen lanes, $500.00 per day for failure to maintain or establish traffic control devices, and $2,000.00 per day for failure to provide temporary vehicular access to a driveway. 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”) shall be as set forth in 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 as evaluated by an inspector representing the City 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. The City shall not be precluded from the exercise of any of its rights as set forth in Paragraph 5.3 herein below; PROVIDED, HOWEVER, that when fifty (50) percent of the Contract Price, including Change Orders and other additions to the Contract Price, provided for by the Contract Documents is due, and the manner of completion of the Work and its progress are reasonably satisfactory to the City, the City shall withhold no more retainage. At the discretion of the City, and with the approval of the Contractor, the retainage of any Subcontractor may be released separately as the Subcontractor completes its Work. If, however, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level.