Request for Proposals_ CCA Arena Pedestrian B.pdf

Request for Proposals

CCA RFP No. ARENA1-BRIDGESTAIR- GC1 General Contractor Services

(GC)

For

Pedestrian Bridge and Stair Construction

THE CLASSIC CENTER AUTHORITY (CCA)

Athens, Georgia

RFP# CCA-ARENA1-BRIDGESTAIR-GC1

Solicitation Ad/Issue Date: October 19, 2023 Proposals Due: November 16, 2023

REQUEST FOR PROPOSALS

General Contractor (GC) Services

RFP No. ARENA1-BRIDGESTAIR-GC1 for

The Classic Center Arena Pedestrian Bridge and Stair Project Construction Athens, Georgia

The Classic Center Authority (“CCA”), an Authority of the State of Georgia, in cooperation with the Unified Government of Athens-Clarke County (ACCGov), is soliciting proposals from Constructors - General Contractor (GC) firms interested in providing Construction services for the completion of a Pedestrian Bridge and Stair project to be constructed in downtown Athens, Georgia, known as CCA Project No. ARENA1-BRIDGESTAIR-GC1, Classic Center Arena Project (“Project”), adjacent to the Classic Center Arena, which is currently under construction. The Arena is one of a set of capital improvement projects included in a Special Purpose Local Option Sales Tax (SPLOST) which was approved by voters on November 5, 2019.

This Request for Proposals (RFP) seeks to identify qualified providers of the above-mentioned construction services, and the overall price for the services. This RFP seeks qualifications and relevant experience data, as well as a firm fixed price for the entire services required for successful completion of the Pedestrian Bridge and Stair Project (“Project”). All respondents to this RFP are subject to instructions communicated in this document and are cautioned to completely review the entire RFP and follow instructions carefully.

CCA retains the right to reject any or all proposals or subsequent submittals, and to waive technicalities, irregularities, and informalities, and retains the right to cancel or conclude this procurement at any time without selecting a firm to provide the described services, without any liability to any respondents, or any other person or entity, and is under no obligation to make an award relating to this RFP to any person or entity. The final terms of any Construction (DBB) Services Agreement contemplated by this procurement will comply with the final terms and conditions of ACCGov and the CCA; subject, in all cases, to strict compliance with the applicable laws and ordinances of the of the State of Georgia and Athens-Clarke County (ACCGov).

Restriction of Communication: From the issue date of this (RFP) solicitation until a successful proposer is selected and the selection is announced, proposers are not allowed to communicate for any reason with any members of the Selection Committee, the CCA, the ACC, or the Architect, except for submission of questions as instructed in the RFP, or during the proposer's conference (if applicable), or as provided by any existing work agreement(s). For violation of this provision, the CCA reserves the right to reject the proposal of the offending proposer.

1. GENERAL PROJECT INFORMATION

The Pedestrian Bridge and Stair will ultimately be physically attached to the Classic Center Arena and be an important egress/ingress point for attendees of Arena events. CCA envisions a successful, safe and convenient Bridge and Stair project, harmonious with the Arena and other adjacent facilities and amenities. The design documents for the Project are provided in the RFP documents as Attachment A. More complete, detailed design documents are expected to be added to these and will be provided to all proposers.

The Project must include all accommodations required to be in compliance with the Americans with Disabilities Act (“ADA”) and all state and local laws, codes, regulations and/or ordinances, and provide sufficient circulation space on concourses to minimize congestion while serving capacity or near-capacity crowds. The construction of the Project must be carried out for durability and public and property safety and security, while maintaining the overall quality and aesthetics expected for modern venues of this nature.

Project Delivery Method The delivery method for this Project will be Design-Bid-Build (DBB). In addition to the services of a prospective GC, ACCGov/CCA has employed the services of a Design Professional, and a Construction Manager (CM/GC), which is currently managing the construction of the adjacent Arena. This Project will require additional coordination with the employed services of the adjacent project(s).

Project Schedule The selected CM/GC will immediately commence preconstruction services upon execution of a Construction Services Contract. The start of construction is expected to be provided at the earliest, efficient date. More information on schedule is provided in the accompanying RFP documents and will be updated as necessary.

2. PROPOSAL REVIEW PROCESS

Selection of the GC will include a review of the qualifications and relevant experience of the proposers, as well as the Pricing Proposal. The CCA has enlisted the following appropriate resources for assistance in carrying out this process:

Project Procurement Director This individual shall be assigned by the CCA and will be responsible to the CCA and for the joint interests of the CCA and the ACC. This individual shall be the Issuing Officer and SOLE CONTACT during the solicitation and shall facilitate this procurement process in close coordination with the CCA, including posting of solicitations and notices, receipt of submittals and questions, coordination of review, evaluation, Committee award recommendation, facilitation of meetings and interviews, and other duties up to, and throughout, the award, negotiation and prospective execution of an Construction Agreement in close coordination with the CCA and ACCGov Project team.

Evaluation Committee This Committee shall be composed of qualified persons approved by the CCA and ACCGov to review and evaluate respondent firms’ proposals and other submittals. The Committee shall be comprised of qualified representatives or stakeholders of the CCA and the ACC.

Minimum Qualifications Required

• The firm or its principals are not currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority.

• The firm or its principals have not been terminated for cause or currently in default on any public works contract.

• Firm must have sufficient bonding capacity for anticipated total cost of work. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the ACCGov. At the time of issuance, all insurance and bonds must be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. Such company shall be an insurer (or, are qualified self insurers or group self insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength rating of “A-“or better and an A.M. Best Financial Size Category of Class V or larger.

• The firm must have current Commercial General Liability Insurance and other coverage as indicated in the accompanying RFP documents.

• Firms must have all necessary, valid and current licenses to do business in the State of Georgia.

• The firm must demonstrate a commitment to safety with regard to Worker’s Compensation as indicated in accompanying RFP documents.

The Selection Committee will then evaluate the submittals which have met the above minimum qualifications. Criteria for the evaluation are listed below:

Criteria for Evaluation of Requested Qualifications Data and Pricing Contained in the Proposals

10 % Factor: Stability of the firm, including the firm’s corporate history, growth, resources, form of ownership, litigation history, financials, and other relevant Stability data.

20% Factor: Firm’s relevant project experience and qualifications, history of successful completion including the demonstrated ability of firm in successful effective completion of construction of facilities/projects comparable in complexity, size, and function, for Owners such as the ACCGov, CCA, other similarly structured organizations. This includes relevant experience and qualifications of the firm’s principal Project Manager(s), Superintendent, and other persons and the demonstrated proficiency of the firm in projects similar to this Project.

70% Factor: Firm’s Proposed Pricing (Bid), as proposed on the Proposal Pricing (Bid) Form herein.

3. SCHEDULE OF EVENTS (STEP I)

The following Schedule of Events represents the CCA’s best estimate of the schedule that will be followed. All times indicated are prevailing times in Athens, Georgia. The CCA reserves the right to adjust the schedule as the CCA deems necessary.

4. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

It is the responsibility of each respondent to examine the entire RFP documents, to seek clarification in writing, and review its submittal for accuracy before submitting the document. Once

STEP I (RFP)

a. CCA issues public advertisement of RFP 10/19/23 ----------

b. Deadline for submission of written questions and requests for clarification (See 4. Submittals of questions and request for clarification below)

10/30/23 4:00 PM

c. Deadline for submission of Proposals 11/16/23 9:00 AM

d. CCA/ACCGov completes proposal evaluation and determines finalist firms

TBD

the submission deadline has passed, all submissions will be final. The CCA reserves the right to ask for clarifications from all parties who have submitted qualifications. Questions about any aspect of the RFP, or the project, shall be submitted in writing (e-mail is preferable) to the Project Procurement Director, Richard Sawyer e-mail: richard@classiccenter.com.

The deadline for submission of questions relating to the RFP is the time and date shown in the Schedule of Events (Section 3). All relevant and significant questions that have been submitted in writing prior to the deadline will be compiled, and answers will be posted to the project information on the Georgia Procurement Registry at http://ssl.doas.state.ga.us/PRSapp/, by Addendum.

5. INSTRUCTIONS FOR PREPARING STATEMENTS OF QUALIFICATIONS PORTION OF

PROPOSALS

Interested firms shall submit one (1) electronic copy in .pdf format of the complete qualifications package in a single file. Submittals must be prepared in a manner that when printed would typically fit on standard (8 ½” x 11”) paper. (The entire response shall not exceed 20 pages. All pages count, no exceptions.) Submittals that include qualifications of more than one firm shall not exceed the page limits. Emphasis should be on completeness, relevance, and clarity of content. To expedite the review of submittals, it is essential that respondents follow the format and instructions outlined below.

STATEMENT OF QUALIFICATIONS

(DELIVERABLES “A” and “B” FOR ALL FIRMS)

A. Description and Resources of Firm

A1- Provide basic company information: Company name, address, name of primary contact, telephone number, fax number, e-mail address, and company website (if available). If the firm has multiple offices, the qualification statement shall include information about the parent company and branch office separately. Identify office from which project will be managed and this office’s proximity to the project site. If applicable, indicate the year the local office was established and the number of persons staffing that office and their disciplines. Provide form of ownership, including state of residency or incorporation, and number of years in business. Is the offeror a sole proprietorship, partnership, corporation, Limited Liability Corporation (LLC), joint venture, or other structure

A2- Briefly describe the history and growth of your firm(s). Provide general information about the firm's personnel resources, including disciplines and numbers and classifications of employees, and locations and staffing of offices.

A3- Has the firm been involved in any litigation in the past five (5) years? Describe your experience with litigation with Owners and/or Architects. List any active or pending litigation and explain. List any claims against your firm or against Owners where your firm is named.

A4 Has the firm, or a member thereof, ever been removed from a contract or failed to complete a contract as assigned? If yes, provide explanation.

A7- Provide the firm’s federal employer identification number.

A8 Complete the Certification Form (Exhibit “A” enclosed with RFP) and provide a scanned notarized copy with response as section “A8” of the firm’s Statement of Qualifications.

A9- Complete and submit a “CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)”

(Exhibit “B”) with response as Section “A9” of the firm’s Statement of Qualifications.

mailto:richard@classiccenter.com http://ssl.doas.state.ga.us/PRSapp/

B. Experience and Qualifications

B1- Provide professional qualifications and description of experience for principal Project Manager, and/or Superintendent

B2- Provide information on the firm’s experience on projects of similar size, function, and complexity (similar type of construction as the incumbent project). Describe no more than five (5) and no less than three (3) projects, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the project at hand. For each project, the following information should be provided:

a. Project name, location and dates during which services were performed.

b. Brief description of project and physical description (delivery method, contract value, square footage, site area, unique project components or equipment).

c. Describe similarities in the construction of the highlighted project to the project being advertised including the relevancy of the similarities and experience with the highlighted project to the project being advertised.

d. Services performed by your firm and (if multiple offices) the location of the office involved.

e. Respective Owner’s stated satisfaction in construction and service of your firm. Provide any Owner-written letters of reference/recommendation about the firm’s performance on the project.

f. Owner/User/Architect contact information.

6. SUBMITTAL OF PROPOSALS

Submit one (1) electronic copy of the complete package via e-mail to the Project Procurement Director. Responses (and file names) must reference the RFP No. ARENA1-BRIDGESTAIR-GC-1, the firm’s name, and the word “PROPOSAL.”

The entire submittal should be submitted as ONE (1) file. Please do not submit individual documents or sections separately. TOTAL PAGE COUNT OF THE SUBMITTAL MUST NOT EXCEED 20 PAGES. ALL PAGES COUNT REGARDLESS OF CONTENT. Proposers are further reminded to include a completed CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10- 91(b)(1) with the Statement of Qualifications.

Statements of Qualifications must be electronically received by the Project Procurement Director prior to the deadline indicated in the Schedule of Events (Section 3 of RFP). Printed copies will not be accepted.

7. ENTIRE RFP DOCUMENTS, SPECIMEN AGREEMENT, GCs, P&P BONDS and INSURANCE

This RFP includes the following Proposal Pricing (Bid) Form and Bid Bond requirement, Additional Terms and Conditions to the RFP, and Attachment A- Design Documents for the Project. Exhibits to the RFP are as follows: Exhibit A- Certification Form, Exhibit B- Contractor Affidavit (Immigration). The following documents shall also be a part of this RFP:

ACCGov DBB Agreement ACCGov General Conditions ACCGov DBB Insurance Requirements ACCGov DBB Performance and Payment Bond Requirements

End of Section

PROPOSAL PRICING (BID) FORM AND BID BOND

(“DELIVERABLE C”- MUST BE INCLUDED WITH PROPOSAL)

TO: UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIA

FROM:

(Bidder's Company Name)

FOR: CCA RFP #ARENA1-BRIDGESTAIR-GC1

Submitted: , 20_

The undersigned Bidder, in compliance with your Invitation to Bid for the construction of this Project having examined the Contract Documents, the proposed work and being familiar with all of the conditions surrounding the construction of the proposed

Project, including the availability of materials and labor, hereby proposes to construct the Project in accordance with the Contract Documents.

The Bidder proposes and agrees, if this Bid is accepted, to contract with Unified

Government of Athens-Clarke County, Georgia in the form of Contract Agreement specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract

Documents to the full and entire satisfaction of the Unified Government of Athens-

Clarke County, Georgia with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents, for the following prices:

Furnishing all products, materials and equipment and performing all labor necessary to complete and put into operation the exact specified Pedestrian Bridge and Stair Project, including all work shown on the Drawings and/or specified, the amount of:

DOLLARS ($ ).

The Bidder agrees hereby to commence Work under this Contract, with adequate personnel and equipment, on a date to be specified in the written Notice to Proceed from the AccGov, and to fully complete all Work under this Contract within the time limits stated in the Agreement. Bidder further agrees to pay as liquidated damages for each consecutive calendar day thereafter required to complete all work as provided in the Agreement.

The Bidder declares an understanding that the quantities shown for unit price items are subject to either increase or decrease, and that should the quantities of any of the items of Work be increased, the Bidder proposes to do the additional Work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for additional costs or anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of Work, at which time adjustment will be made to the Contract amount by direct increase or decrease.

In case of discrepancies between the figures shown in the unit prices and the totals, the unit prices shall apply and the totals shall be corrected to agree with the unit prices. In case of discrepancies between written amounts and figures, written amounts shall take precedence over figures and the sum of all Bid extensions (of unit prices) plus lump sum items shall take precedence over BID TOTAL.

The Bidder furthermore agrees that, in the case of a failure to execute the Contract Agreement and

Bonds within ten days after receipt of conformed Contract Documents for execution, the attached Bid

Bond accompanying this Bid and the monies payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure.

Attached hereto is a Bid Bond for the sum of

Dollars ($ ) according to the conditions of "Instructions to Bidders" and provisions thereof.

Bidder acknowledges receipt of the Following Addenda:

Addendum No. , dated: Addendum No. , dated:

[Contractor] agrees to abide by and be bound by Chapter 6- 21 of the Code of Athens-Clarke County, Georgia, regarding Unlawful Discrimination and agrees to ensure that any and all subcontractors operating pursuant to this submission also agree to abide by and be bound by Chapter 6-21 of the Code of Athens-Clarke

County, Georgia.

Code of Athens-Clarke County Chapter 6-21 https://www.accgov.com/DocumentCenter/View/80359/Unlawful-Discrimination- Ordinance- PDF?bidId=

BIDDER:

By:

(name signed)

Title

Address

Phone

Attest

(name printed or typed)

Title:

(name printed or typed)

(SEAL)

Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary.

Note: If the Bidder is a corporation, the Bid shall be signed by an officer of the corporation; if a partnership, it shall be signed by a partner. If signed by others, authority for signature shall be attached.

The full names and addresses of persons or parties interested in the foregoing Bid, as principals, are as follows:

https://www.accgov.com/DocumentCenter/View/80359/Unlawful-Discrimination-Ordinance-PDF?bidId

Name Address

Bid Bond

STATE OF GEORGIA

COUNTY OF CLARKE

KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal, and , as Surety, are held and firmly bound unto the Unified Government of Athens-Clarke County, Georgia in the sum of Dollars

($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted to the Owner a Bid for construction of Pedestrian Bridge and Stair Project- CCA RFP#ARENA1-BRIDGESTAIR-GC1

NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the

Principal shall, within ten days after receipt of conformed Contract Documents, execute a Contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Contract Documents and execute sufficient and satisfactory separate

Performance and Payment Bonds payable to the Owner, each in an amount of 100 percent of the total Contract Price, in form satisfactory to the Owner, then this obligation shall be void; otherwise, it shall be and remain in full force and effect 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 aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

This bond is given pursuant to and in accordance with O.C.G.A. §36-91-1 et.seq. and all the provisions of the law referring to this character of bond as set forth in said Sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of , 20 .

CONTRACTOR – PRINCIPAL:

Address:

Attest:

Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary.

SURETY:

Address:

Attest:

Note: Surety companies executing Bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the

Project is located.

Surety and Insurers must have an A.M. Best Financial Strength Rating of A- or higher, with a

Financial Size Category of VIII or higher.

(name printed or typed)

(Date)

Exhibit A

CERTIFICATION FORM

I, _____________________________, being duly sworn, state that I am ______________________(title) of

_______________________________(firm) and hereby duly certify that I have read and understand the information presented in the attached proposal and any enclosure and exhibits thereto.

I further certify that to the best of my knowledge the information given in response to the request for proposals is full, complete and truthful.

I further certify that the proposer and any principal employee of the proposer have not, in the immediately preceding five years, been convicted of any crime of moral turpitude or any felony offense, nor has had their professional license suspended, revoked or been subjected to disciplinary proceedings.

I further certify that the proposer and any principle employee of the proposer have not, in the immediately preceding five years, been suspended or debarred from contracting with any federal, state or local government agency, and further, that the proposer is not now under consideration for suspension or debarment from any such agency.

I further certify that the proposer or any principle employee of the proposer has not in the immediately preceding five years been defaulted in any federal, state or local government agency contract, and further, that the proposer is not now under any notice of intent to default on any such contract or have been terminated for cause on any such contract.

I acknowledge, agree and authorize, and certify that the proposer acknowledges, agrees and authorizes, that the CCA and/or ACC may, by means that either deems appropriate, determine the accuracy and truth of the information provided by the proposer and that the CCA and/or CCA may contact any individual or entity named in the Statement of Qualifications for the purpose of verifying the information supplied therein.

I acknowledge and understand the successful Proposer will be required to certify compliance with the

Immigration Reform Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., by meeting or having complied with the provisions in the Act and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10- 1-.01: Contractor will also be required to warrant that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract.

I acknowledge and agree that all of the information contained in the Statement of Qualifications is submitted for the express purpose of inducing the CCA to award a contract.

A material false statement or omission made in conjunction with this proposal is sufficient cause for suspension or debarment from further contracts, or denial of rescission of any contract entered into based upon this proposal thereby precluding the firm from doing business with, or performing work for, the State of Georgia. In addition, such false statement or omission may subject the person and entity making the proposal to criminal prosecution under the laws of the State of Georgia of the United States, including but not limited to O.C.G.A. §16-10-20, 18 U.S.C.

§§1001 or 1341.

Signature Sworn and subscribed before me

This _____ day of ________, 20___.

NOTARY PUBLIC

NOTARY SEAL

My Commission Expires: _________________

Exhibit B

CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1) {Failure to submit this form will result in the rejection of your qualifications)

Project No. and Name: ___________________________________________

Contractor: ________________________________________

STATE OF GEORGIA COUNTY OF: __________

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the Classic Center Authority has registered with, is authorized to use and used the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. §13-10-

91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

___________________________________________ (This is NOT an FEI number)

Federal Work Authorization User Identification Number

Date of Authorization

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (City), (State).

Signature of Authorized Officer or Agent of Contractor

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20___

Notary Public

My Commission Expires: ___________________

ADDITIONAL TERMS AND CONDITIONS TO THE RFP

Submittal Costs and Confidentiality All expenses for preparing and submitting responses are the sole cost of the party submitting the response.

The CCA is not obligated to any party to reimburse such expenses. All submittals upon receipt become the property of the CCA. Labeling information provided in submittals “proprietary” or “confidential,” or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

Award Conditions This request is not an offer to contract or a solicitation of bids. This request and any submittal or proposal submitted in response, regardless of whether the proposal is determined to be the best proposal, is not binding upon the CCA and does not obligate the CCA to procure or contract for any services. Neither the CCA nor any party submitting a response will be bound unless and until a written contract mutually accepted by both parties is negotiated as to its terms and conditions and is signed by the CCA and a party containing such terms and conditions as are negotiated between those parties. The CCA reserves the right to waive non-compliance with any requirements of this Request for Proposal and to reject any or all proposals submitted in response. Upon receipt and review of responses, the CCA will determine the party(s) and proposal that in the sole judgment of the CCA is in the best interest of the CCA (if any is so determined), with respect to the evaluation criteria stated herein. The CCA then intends to conduct negotiations with such party(s) to determine if a mutually acceptable contract may be reached and in the course of doing so may use ideas expressed in any proposal.

Evaluation of Submittals and Qualifications Evaluation of submittals and firms’ qualifications will be conducted by a committee consisting of various project stakeholders. Based upon the predetermined rating criteria contained in the RFP, the committee will assign a composite rating to the deliverables of each statement of qualifications and proposal submitted. Proposers understand and accept that by responding to this solicitation they are willingly participating in a process that consists to some degree of subjectivity on the part of selection committee members in determining the firm(s) capable of providing the best overall solution.

Reciprocal Preference Law For the purposes of evaluation only, a proposer that resides in the State of Georgia will be granted the same preference over proposers that reside in another State in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other State to proposers that reside therein. For the purposes of this law, the definition of a resident proposer is one who maintains a place of business with at least one employee inside the State of Georgia. A P.O. Box address will not satisfy this requirement.

Joint-Venture Proposals In the event two or more firms desire to “joint-venture,” it is strongly recommended that one incorporated firm propose and maintain status as the Construction Firm with the remaining firms participating as major consultants.

Small and Minority Business Enterprise It is the policy of ACC that minority-owned business enterprises (MBE), woman-owned business enterprises (WBE) and small business enterprises (SBE), have a fair and equal opportunity to participate in the state purchasing process. Therefore, the CCA encourages all MBE, WBE and SBE to compete for contracts to provide goods, services, and construction, and encourages contractors to solicit MBE, WBE and SBE in procuring subcontractors and suppliers. This desire on the part of the CCA is not intended to restrict or limit competitive bidding or to increase the cost of the work. The CCA supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development.

Contractors and subcontractors who utilize qualified minority subcontractors may qualify for a Georgia state income tax credits for qualified payments made to minority subcontractors. In accordance with the Official Code of Georgia Annotated (O.C.G.A.) Section 48-7-38, when computing taxable net income of a Georgia based corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to certified minority subcontractors for state-agency-related construction projects. For more information on filing only, contact the Georgia Department of Revenue at 404-417-2399.

http://www.lexisnexis.com/hottopics/gacode/

Statement of Agreement With submission of a proposal, the Proposer agrees that he/she has carefully examined the Request for Proposal, and the Proposer agrees that it is the Proposer’s responsibility to request clarification on any issue(s) in any section of the Request for Proposal with which the Proposer disagrees or needs clarified. The Proposer also understands that failure to mention these items in the proposal will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications, and requirements in the therein. With submission of a proposal, the Proposer hereby certifies: (a) that this proposal is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation; (b) that Proposer has not directly or indirectly included or solicited any other Proposer to put in a false or insincere proposal; (c) that Proposer has not solicited or induced any person, firm, or corporation to refrain from sending a proposal.

Debarred, Suspended or Ineligible Firms Contracts may not be executed, and bids or proposals may not be solicited or considered from persons or firms debarred, suspended, and deemed ineligible from the State of Georgia during their period of debarment. The list of debarred, suspended, or ineligible firms can be located on the Georgia State Financing and Investment Commission’s website.

Attachment A

Arena Bridge and Stair Design Documents (Architectural, Structural, & Civil)

(See Dropbox link, below) https://www.dropbox.com/scl/fo/ml3ra2hxhsi1xyfun12us/h?rlkey=w8jduqri0uu83eiqv4symt7hw&dl=0 https://www.dropbox.com/home/Bridge%20%26%20Stair%20(Package%20for%20GPR)%20(1)/4_Architectural https://www.dropbox.com/home/Bridge%20%26%20Stair%20(Package%20for%20GPR)%20(1)/4_Architectural https://www.dropbox.com/scl/fo/ml3ra2hxhsi1xyfun12us/h?rlkey=w8jduqri0uu83eiqv4symt7hw&dl=0

UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY 000700 – 1

GENERAL CONDITIONS

(ACCGov Standard GC’s version 01/08/2023)

TABLE OF CONTENTS

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

1.02 Terminology

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference

2.07 Initial Acceptance of Schedules

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

ARTICLE 5 – BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Liability Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits and Utility Connections

6.09 Laws and Regulations

6.10 Taxes

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6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings, Samples, and other Submittals

6.18 Continuing the Work

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

ARTICLE 7 – OTHER WORK AT THE SITE

7.01 Related Work at Site

7.02 Coordination

7.03 Legal Relationships

7.04 Claims Between Contractors

ARTICLE 8 – OWNER’S RESPONSIBILITIES

8.01 Communications to Contractor

8.02 Replacement of Project Administrator or Design Professional

8.03 Furnish Data

8.04 Pay When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on Owner’s Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

ARTICLE 9 – OWNER’S REPRESENTATIVES DURING CONSTRUCTION

9.01 Owner’s Representatives

9.02 Visits to Site

9.03 Project Representative

9.04 Authorized Variations in Work

9.05 Rejecting Defective Work

9.06 Shop Drawings, Change Orders, and Payments

9.07 Determinations for Unit Price Work

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

9.09 Limitations on Design Professional’s and Project Administrator’s Authority and Responsibilities

ARTICLE 10 – CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims and Disputes

ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

11.02 Allowances

11.03 Unit Price Work

UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY 000700 – 3

ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTIVE WORK

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 Owner May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 Owner May Correct Defective Work

ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values

14.02 Progress Payments

14.03 Contractor’s Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

14.09 Waiver of Claims

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work

15.02 Owner May Terminate for Cause

15.03 Owner May Terminate For Convenience

15.04 Contractor May Stop Work or Terminate

ARTICLE 16 – DISPUTE RESOLUTION

16.01 Methods and Procedures

ARTICLE 17 – MISCELLANEOUS

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

17.06 Headings

17.07 Addresses

17.08 Forms and Record

17.09 Assignment

17.10 Authority of the Design Professional and Project Administrator

UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY 000700 – 1

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated, which are applicable to both the singular and plural thereof.

1. Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement – The written contract between Owner and Contractor for the Work associated with the Project.

3. Application for Payment – The form acceptable to the Project Administrator that is to be used by Contractor in requesting progress or final payments and which is to be accompanied by such supporting documentation as required by the Contract Documents.

4. Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States

Occupational Safety and Health Administration.

5. Bid – The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Bidder – The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents – The Bidding Requirements and the proposed Contract Documents

(including all Addenda).

8. Bidding Requirements – The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order – A document recommended by Design Professional, approved by the

Project Administrator, and signed by Contractor and Owner, that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the

Effective Date of the Agreement.

10. Claim – A demand or assertion by Owner or Contractor seeking an adjustment of Contract

Price or Contract Times, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Claim.

11. Deleted

12. Contract Documents – Those items so designated as Contract Documents in the Agree-ment. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved

Shop Drawings, other Contractor’s Submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

13. Contract Price – The amount payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as provided in Paragraph 5.01 of the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times – The number of days or the dates stated in the Agreement to: (i) achieve

Milestones, if any, (ii) achieve Substantial Completion; or (iii) achieve Final Completion.

15. Contractor – The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work – See Paragraph 11.01.A for definition.

17. Design Professional – An individual or entity named as such in the Agreement.

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18. Drawings – That part of the Contract Documents prepared or approved by Design

Professional that graphically shows the scope, extent, and character of the Work to be performed by

Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

19. Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

20. Field Order – A written order issued by Project Administrator which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

21. Final Completion—Defined in Paragraph 14.07.B.1.

22. Final Payment – Defined in Paragraph 14.07.C.1.

23. General Requirements – Sections within Division 01 of the Specifications. The General

Requirements pertain to all sections of the Specifications.

24. Hazardous Environmental Condition – The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

25. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section

1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

26. Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

27. Liens – Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

28. Liquidated Damages – amounts stated in the Agreement and elsewhere in the General

Requirements of the Specifications. Liquidated damages shall apply to the Contract Times for the Project or individual milestones as may stipulated in the General Requirements. Unless otherwise provided in the

Contract Documents, Liquidated Damages shall be both additive and cumulative. Liquidated Damages shall end upon Substantial Completion, Completion of the Work associated with each Milestone Date, or Final

Completion of the Work, as applicable.

29. Milestone – An event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion.

30. Notice of Award – The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

31. Notice to Proceed – A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

32. Owner – The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

33. PCBs – Polychlorinated biphenyls.

34. Petroleum – Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non Hazardous Waste and crude oils.

UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY 000700 – 3

35. Progress Schedule – A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the

Contract Times.

36. Project – The total construction of which the Work to be performed under the Contract

Documents may be a whole or a part.

37. Project Administrator – The individual or entity so designated in the Agreement.

38. Project Manual – The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the tables of contents.

39. Radioactive Material – Source, special nuclear, or byproduct material as defined by the

Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

40. Related Entity – An officer, director, partner, employee, agent, consultant, or subcontractor.

41. Resident Project Representative – The authorized representative of Project Administrator who may be assigned to the Site or any part thereof.

42. Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the

Work will be judged.

43. Schedule of Submittals – A schedule, prepared and maintained by Contractor, of required

Submittals and the time requirements to support scheduled performance of related construction activities.

44. Schedule of Values – A schedule that is prepared and maintained by Contractor, that complies with Paragraph 14.01 hereof, that allocates portions of the Contract Price to various portions of the Work, and that is used as the basis for reviewing Contractor’s Applications for Payment.

45. Shop Drawings – All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

46. Site – Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.

47. Specifications – That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

48. Subcontractor – An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

49. Substantial Completion – The time at which the Work (or a specified part thereof) has progressed to the point when, in the opinion of Project Administrator, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, to provide the following: (i) the

Owner full-time, uninterrupted, continuous use of the Work; and (ii) all required functional, performance, and operational or startup testing has been successfully demonstrated for all components, devices, equipment, and systems to the satisfaction of the Project Administrator in accordance with the requirements of the Contract Documents; and (iii) completion of all required inspections and other work necessary for the Project Administrator to certify the Work has reached Substantial…