Two-Step ITB - Northwest Trail Segment 2C-Construction POST.pdf

4.14.2026

Invitation to Bid Two-Step Hard Bid Solicitation

INVITATION TO BID (ITB)

Northwest Trail Segment 2C - Construction

BIDS DUE DATE/TIME:

Tuesday, December 8, 2026, by 1:00 PM EST

Bids must be labeled:

Northwest Trail Segment 2C - Construction

Please click the link below to submit a bid through BONFIRE:

https://Beltline.bonfirehub.com/portal/?tab=openOpportunities

IN-PERSON SITE VISIT PRE-BID OPENING

Wednesday, October 28, 10:00 AM EST

Refer all questions through BONFIRE:

https://Beltline.bonfirehub.com/portal/?tab=openOpportunities

Questions due by Monday, November 9, 2026, 4:00 PM EST

Date of ITB Advertisement/ Release: Tuesday, October 20, 2026 https://beltline.bonfirehub.com/portal/?tab=openOpportunities

Two-Step Hard Bid Solicitation

Northwest Trail Segment 2C - Construction

SITE VISIT AND PRE-BID MEETING NSTRUCTIONS

Wednesday, October 28, 2026, at 10:00 AM EST

A mandatory in-person site visit and pre-bid meeting will be held at 81 Peachtree Park Drive

NE, Atlanta, GA 30309. Attendance and prompt arrival are required.

Parking is available at 81 Peachtree Park Drive NE, Atlanta, GA 30309. Please secure vehicles and valuable personal contents before attending the meeting. ABI is not responsible for loss or damage to vehicles or their contents parked on the property. ABI representatives will meet attendees for the sign-in and pre-bid meeting before walking the site. The site visit is expected to take one hour. Please wear comfortable shoes and clothing for walking during the site visit.

VIRTUAL BID OPENING INSTRUCTIONS

Tuesday, December 8, 2026, 1:00 PM EST VIA ZOOM

Register in advance for this meeting:

https://us02web.zoom.us/meeting/register/CXdEGSyfSlO_teHEu7Rj6Q

After you register, you will receive a confirmation email with information on how to join the meeting.

https://us02web.zoom.us/meeting/register/CXdEGSyfSlO_teHEu7Rj6Q

Two-Step Hard Bid Solicitation

TABLE OF CONTENTS

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Cover Page Site Visit/Pre-Bid and Bid Opening Information Table of Contents

Section A

1. Project Definition and Abbreviations

2. Notice of Invitation to Bid

3. Instructions to Bidders

4. Project Description and Background

5. Scope of Work

6. Required Bid Content

7. Evaluation of Bids

8. Protests

Section B

1. ABI’s Terms & Conditions

Section C

1. Exhibits: Forms and Appendices

1. PROJECT DEFINITIONS AND ABBREVIATIONS

This section consists of abbreviations, definitions, and general rules of interpretation.

Atlanta Beltline, Inc. (ABI). A funding partner for the Project (as defined herein), the agent for the owner of the Atlanta Beltline corridor property, technical lead for the Project, and the contracting entity. ABI is the Georgia nonprofit corporation created by The Atlanta Development Authority d/b/a Invest Atlanta to coordinate the administrative, development and redevelopment activities of the City of Atlanta’s Beltline Tax Allocation District (TAD) and implement the Atlanta Beltline program.

Agreement or Contract. The document to be executed between ABI and the Apparent Successful Bidder.

Apparent Successful Bidder. The bidder that submits the bid that ABI, in its sole opinion, considers the lowest responsive and responsible b id in accordance with the procedures set forth in this procurement.

Bonfire. Atlanta Beltline, Inc. utilizes Bonfire Interactive as its procurement portal to send notifications of procurement opportunities and to allow bidders to submit responses to ABI electronically. https://Beltline.bonfirehub.com/portal/?tab=openOpportunities

City of Atlanta (COA). A municipality of the State of Georgia, a major funding partner and the ultimate owner of project assets. The City of Atlanta may also be referenced herein as the “City.”

Construction/Bid Documents. The documentation contains the information needed to properly construct the Project. Construction Documents consist of plans, specifications, Contracts, and other supporting documentation.

Disadvantaged Business Enterprise (DBE). A small for-profit business concern in which socially and economically disadvantaged individuals own at least a 51% interest and control management and daily business operations. For the purposes of this solicitation, a DBE entity shall be certified through one of the programs listed in the DBE section of this solicitation. The DBE participation goal for this project is a minimum of 30% of the overall project amount to be awarded to DBE subcontractors/suppliers by the Bidder.

Design Documents. Designer-produced drawings, specifications, calculations, records, reports, or other documents, including shop drawings and special process procedures, which may be used for advancing the design, implementation, testing, and examination of a project.

Evaluation Committee. The group of individuals appointed by ABI to assess the bids submitted in response to this procurement.

General Contractor (GC). A General Contractor, main contractor, or prime contractor is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project.

Joint Venture (JV). A legal association of two or more firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills, and knowledge, and who are responsible for a distinct, clearly defined portion of the contract scope of work/services. The parties’ shares in the joint venture's capital contribution, control, management, risk, and profits are commensurate with their ownership interest.

Major Participant.

A. The designer and any related entities, B. A subcontractor that completes a significant portion of the scope of work/services, C. A subconsultant that completes a significant portion of the scope of work/services, D. Any person or entity intended to perform 20% or more of the work of the Contract and the lead designer, regardless of level of participation, and E. Any person or entity providing more than the percentage specified in the Construction

Documents of the value of the work and all related entities.

Notice to Proceed (NTP). “Notice to Proceed” means “Written Notice to Commence Work”.

Owner. The legal or record owner of the premises on which the Project is to be constructed.

For the purposes of this Invitation to Bid (ITB), Atlanta Beltline, Inc., the City of Atlanta, and The Atlanta Development Authority d/b/a Invest Atlanta may be considered an Owner.

Plans. When the context so indicates, “Plans” means applicable conceptual, planning, design and construction drawings including plan, profile, typical cross sections, working drawings, standard details, supplemental standard details, and supplemental drawings or exact reproductions thereof or electronically displayed equivalents that show the location, character, dimensions, and details of the work.

Project. The project that is named as the purpose of this solicitation.

Project Manager. Unless otherwise stated, “Project Manager” (PM) means the person designated by the prime General Contractor as the Project Manager (or an analogous title) in its bid, or a replacement approved by ABI, who is responsible for the day-to-day management of the overall Contract effort.

Project Records. Records or data of any type on any media, including those produced by the General Contractor, or its consultants, subcontractors, suppliers, or manufacturers that are related to the Project. Project Records may include, but are not limited to:

A. Plans B. Working drawings C. Specifications D. Design notes and computations E. Manufacturer’s recommendations F. Catalog cuts G. Schedules and schedule updates or revisions H. Quality control plans and related documentation I. Traffic control plans and log J. Memorandum K. Safety program and incident reports

L. Reports M. Equal opportunity and affirmative action records N. Any notes pertaining to this project O. Construction documents P. Progress meeting records Q. Partnering records R. Correspondence S. E-mails T. Renderings U. Site Images V. DBE participation records W. Any other documents related to the work

Stakeholder. A person or group with an interest in the successful completion and subsequent use of a project.

Successful Offeror/Respondent/Bidder. A person or entity whose proposal/qualifications/bid is responsive and responsible to all requirements within a solicitation and is determined by the Evaluation Committee as providing a solution in the best interest of ABI.

The Atlanta Development Authority d/b/a Invest Atlanta (IA). IA was formed in 1997 as a public body corporate and politic of the State of Georgia. Invest Atlanta is the City of Atlanta's official economic development authority. Its purpose is to strengthen Atlanta’s economy and global competitiveness in order to create increased opportunity and prosperity for the people of Atlanta. A nine-member board of directors, chaired by the Mayor of Atlanta, governs Invest Atlanta. Invest Atlanta’s programs and initiatives focus on developing and fostering public-private partnerships to accelerate job creation/economic growth, neighborhood revitalization/investment and innovation/entrepreneurship. Invest Atlanta’s economic tools include bond financing, revolving loan funds, housing financing, tax increment financing and tax credits.

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2. NOTICE OF INVITATION TO BID

Project: Northwest Trail Segment 2C - Construction

Atlanta Beltline, Inc. (ABI) is soliciting competitive sealed bids from qualified firms to provide construction services for Northwest Trail Segment 2C, which is located along Peachtree Park Dr NE between Peachtree Rd NE and the Peachtree Park Apartment homes on Peachtree Park Dr NE. The scope of work includes but is not limited to erosion control, grading, demolition, storm drainage, utilities, concrete trail paving, pavers, lighting, security cameras, signage and marking, fencing/railings, site furniture/waste receptacles, and bollards.

Construction Drawings, Specifications, and other supplemental documents pertaining to this project are mentioned in the exhibits and/or appendices within this ITB and available for download from Bonfire https://Beltline.bonfirehub.com/portal/?tab=openOpportunities.

Equal Business Opportunity: ABI encourages all bidders to promote opportunities for diverse businesses, including Disadvantaged Business Enterprises (DBEs), to compete for business as primes and/or subcontractors. The DBE participation goal for this project is a minimum of 30% of the overall project amount to be awarded to DBE subcontractors/suppliers by the Bidder. Please confirm that all required documents regarding DBE Participation are complete and included in the bid submission in order for your bid to be deemed responsive.

If the bidder is a business entity chartered outside the State of Georgia, the bid must be accompanied by proper certification stating that the organization is authorized to do business in the State of Georgia.

No bidder may withdraw a bid within one hundred twenty (120) days after the actual date of the opening thereof.

Bidder agrees to complete the Contract awarded within two hundred calendar days from the date of the “Notice to Proceed.”

Bonding: All bidders must submit a bid bond or certified check made payable to Atlanta Beltline, Inc., in the amount of five percent (5%) of the total amount bid. The bid bond or certified check must be provided with the bid package. The successful bidder will be required to furnish a contract Performance Bond of 100% of the Contract amount and a Payment Bond of 110% of the Contract amount as provided by GDOT Section 103.05 and provide insurance coverage as required by the contract documents (review exhibits and appendices herein).

The bidder’s bonding company must be licensed to do business in Georgia by the Georgia Secretary of State and the Georgia Insurance Department and be listed in the Department of Treasury’s Publication of Companies Holding Certificates of Authority as Acceptable Surety on Federal Bonds and as Acceptable Reinsuring Companies and have an A.M. Best rating of A-1 or higher.

All bonds must be submitted on forms provided by ABI. Agencies providing bonds and insurance must provide proof that they meet the criteria outlined in the bid and contract documents.

Mandatory Pre-Bid Conference and Site Visit Please refer to page 2 of this ITB for the date, time, and location.

The pre-bid conference and site visit will provide bidders with detailed project information and an opportunity to ask questions and raise concerns. ABI representatives will discuss this project. Bidders must attend the pre-bid site visit.

Bidders may ask questions during the mandatory pre-bid conference and site visit. However, please note that oral answers to questions are not authoritative unless answered by written addenda to the solicitation documents.

Question Deadline:

Please refer to page 1 of this ITB for the question deadline date and time.

Questions must be submitted in writing in Bonfire:

https://Beltline.bonfirehub.com/portal/?tab=openOpportunities

Issuance of Addendum:

Responses to questions will be provided via addendum within five business days after the question deadline at https://Beltline.bonfirehub.com/portal/?tab=openOpportunities.

However, ABI reserves the right to issue addenda at any time during the procurement process. Please check the link above regularly for posted addenda and other project-related information.

Virtual Bid Opening:

Bids shall be submitted and received in the Bonfire at https://Beltline.bonfirehub.com/portal/?tab=openOpportunities as shown on this ITB Cover Page, no later than Tuesday, December 8, 2026, at 1:00 PM EST, and will be publicly opened and read at 1:05 PM EST on the same day. ABI will not accept late bids received after 1:00 PM EST. Bid packages must identify the project name, bidder name, and the date and time of opening on the cover page. Emails will not be accepted.

View the Zoom link for the Bid Opening on page 2 of this ITB.

ABI reserves the right to cancel any and all solicitations and to accept or reject, in whole or part, any and all bids when it is for good cause or in the best interest of ABI, or if any or all Bidders are considered non-responsive/non-responsible, or if funding for the project is not made available. ABI may revise the procurement process at any time during the solicitation, evaluation, selection, and negotiation phases leading up to an executed contract. ABI will not be responsible for any cost to the bidder associated with the preparation of its bid.

Electronic Bid Submittal Requirement:

ABI uses Bonfire for vendor registration, vendor notifications, posting solicitations, and bid submissions. All bids shall be submitted online at the following link:

https://Beltline.bonfirehub.com/portal/?tab=openOpportunities In order to submit a bid online, please follow the steps below:

1. One–Time Registration:

Please click the vendor registration link below to register:

https://Beltline.bonfirehub.com/portal/?tab=openOpportunities

2. Submit Bid (Two-Step Process):

As a registered vendor, please click the link below to submit a bid. Submit all bids completely using the link below. Late bids will not be accepted. It is recommended to start the bid submittal process well before the bid submission deadline. ONLY SUBMIT THE

REQUIRED FORMS LISTED AS OUTLINED IN SECTION 6.

Bid Submittal Link – https://Beltline.bonfirehub.com/portal/?tab=openOpportunities

Submission Instructions for Suppliers Please follow the instructions to submit a bid via Bonfire.

a. Prepare your submission materials:

Please abide by the ITB requirements and guidelines herein. Please note the allowed file types and number. Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated. Please allow sufficient time to submit your bid documents in Bonfire before the submission deadline.

b. Upload your submission at: https://Beltline.bonfirehub.com/opportunities Your submission must be uploaded, submitted, and finalized prior to the closing date and time shown on page 1 of this ITB. It is strongly recommended to allow sufficient time, including at least ONE (1) day before the submission deadline, to begin the upload process and finalize your submission.

File Size and Confirmation of Submission Uploading large documents may take significant time, depending on the file size (s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements:

Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

Need Help?

Contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc https://beltline.bonfirehub.com/portal/?tab=openOpportunities https://beltline.bonfirehub.com/opportunities https://beltline.bonfirehub.com/opportunities mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

Equal Business Opportunity

Disadvantaged Business Enterprise (DBE) Participation ABI is committed to non-discrimination in selecting team members and relationships with sub-contractors and seeks to reflect diversity in the participation of companies engaged in the Atlanta Beltline program. As part of a responsive submittal, DBE participation is anticipated. This Project has a DBE goal of at least 30%. Please see Exhibit D for the Disadvantaged Business Enterprise Participation Plan in its entirety.

In accordance with ABI’s DBE participation policy, all bidders shall complete and submit the Good Faith Effort Affidavit attached hereto as Exhibit R.

ABI is an Equal Opportunity Employer.

The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

Equal Business Opportunity: ABI encourages all bidders to promote opportunities for diverse businesses, including Disadvantaged Business Enterprises (DBEs), to compete for business as subcontractors and/or suppliers. Please confirm that all required documents regarding DBE participation are complete and included with the bid in order for your bid to be deemed responsive. DBE Certifications must be provided as a part of your response during Step 2 of the Invitation to Bid (ITB).

If bidder is a business entity that was chartered outside the State of Georgia, the bid must be accompanied by proper certification stating that said organization is authorized to do business in the State of Georgia.

No bidder may withdraw a bid within 120 days after the bid opening.

Bidder agrees to complete the contract awarded within the “allowable calendar days for completion” from the date of the “Notice to Proceed.”

3. INSTRUCTIONS TO BIDDERS

Project: Northwest Corridor Segment 2C - Construction

Bid Due Date: Tuesday, December 8, 2026, by 1:00 PM EST

The complete Bid Document Package includes the Invitation to Bid, ABI Terms and Conditions, Exhibits, Forms, Appendices, Plans and Specifications (including General and Special Conditions), Bid Documents, and Contract Documents as outlined below.

No Cost Items: The following items are available to all interested parties at no cost.

Section A - Invitation to Bid

1. Project Definitions and Abbreviations

2. Notice of Invitation to Bid

3. Instructions to Bidders

4. Project Description and Background

5. Scope of Work

6. Required Bid Content

7. Evaluation of Bids

8. Protests

Section B – ABI Terms and Conditions

Section C – Exhibits, Forms, and Appendices

1. Step 1: Exhibits and Forms

2. Step 2: Exhibits and Forms

3. Scope of Work Supplemental Documents: Plans, Drawings, Reports, and Special

Provisions

4. Schedule of Values (SOV)

5. Contract Documents

i. Sample Contract Agreement

ii. Performance Bond

iii. Payment Bond

iv. Acknowledgement of Contractor – Corporation

v. Acknowledgement of Contractor – Partnership

vi. Acknowledgement of Contractor – Individual

vii. Acknowledgement of Principal – Corporation

viii. Acknowledgement of Principal – Partnership

ix. Acknowledgement of Principal – Individual

x. Acknowledgement of Surety Company

4. PROJECT DESCRIPTION AND BACKGROUND

Northwest Trail Segment 2C will travel along the south side of Peachtree Park Dr NE between Peachtree Rd NE and the Peachtree Park Apartment homes on Peachtree Park Dr NE. The scope of work includes but is not limited to erosion control, grading, demolition, storm drainage, utilities, concrete trail paving, pavers, lighting, security cameras, signage and marking, fencing/railings, site furniture/waste receptacles, and bollards. All required work is outlined in the Scope of Work and Bid Form in this ITB.

5. SCOPE OF WORK

The scope of work for this project is to implement the construction of the Northwest Corridor Segment 2C along the south side of Peachtree Park Dr NE between Peachtree Rd and the Peachtree Park Apartment Homes on Peachtree Park Dr NE. Segment 2C will connect to under-construction Beltline trail segments to the east and west of the project limits.

The successful bidder selected as the General Contractor (GC) shall furnish all labor, insurance, supervision, equipment, materials, and incidentals necessary for the construction of the proposed improvements described herein. To view additional reference documents listed in “Appendix A,” see the enclosed appendix.

The improvements consist of but are not necessarily limited to the following:

• Site demolition and applicable soil haul-off as required by drawing specifications.

• Establishment and maintenance of erosion control per permitted plans throughout the duration of the Project.

• Grading and construction of stormwater conveyance system per permitted plans.

• Construction of a multi-use path as outlined in drawings.

• Lighting and camera installation and subsequent turn over/connection to the Atlanta Police Department (APD) and the City of Atlanta.

• Fiber duct bank installation.

• Coordinate final site prep activities in areas as they become available with Trees Atlanta, which will be responsible for all landscaping.

• Environmental remediation as shown in the contract documents.

General Contractor (GC) Responsibilities

The responsibilities of the GC include, but are not limited to the following:

• The GC shall provide all materials and labor to construct all the work as detailed in the construction documents and specifications for this project.

• The selected General Contractor shall work closely with the Atlanta Beltline designated staff to coordinate safety, security, and traffic issues in and around the job site.

• The GC shall, at its expense, maintain the Project site in a clean, orderly, and safe condition and employ sufficient personnel to comply with these obligations.

• The GC shall, during the term of the Agreement, be solvent and fully able to meet its obligations hereunder described and when they become due.

• The GC shall adhere to all applicable labor and employment laws, hazardous materials regulations, safety standards, and regulations pertaining to employees in a public facility.

• The GC shall coordinate with ABI’s community planning and engagement staff as required to ensure that the surrounding neighbors and businesses are adequately informed of the progress of the Project. The contractor is responsible for coordinating and communicating with local business owners throughout construction to minimize disturbances to business operations.

• Regarding submission of surety bonds prior to or subsequent to the bid submission, the following requirements are applicable:

a. ABI, IA, and the City of Atlanta shall be named as co-obligees on all bonding.

b. Any surety bond submitted in accordance with the bid or Agreement requirements must be issued by a corporate surety company satisfactory to ABI, IA, and the City of Atlanta, and be authorized to act as such in the State of Georgia.

c. Such bonds shall conform to the forms provided with the Bid Documents and be completed in accordance with the instructions thereon.

d. In accordance with Georgia law, and upon award of the Agreement, separate performance and payment bonds shall be required of the successful bidder, each in an amount not less than the total amount payable under the Agreement. The performance bond shall remain in effect for one (1) year after final acceptance of the work or the guaranty period under the Agreement, whichever is longer.

e. The payment bond shall remain in effect for the period required under

Georgia law for the payment bonds on public construction Agreements.

Reference is made to the bond forms and the Agreement documents for additional details of the terms required in the bonds. If any inconsistency exists between the bond forms and Georgia law, the law shall control. Finally, alterations, extension of the time allowed for performance, extra and additional work, and other changes authorized under the Agreement may be made without notice to or consent of the surety or sureties.

f. Bidders are required to furnish a bid guarantee in the amount of five percent

(5%) of the total bid amount. At the bidder's option, the guaranty may be a certified check payable to the order of ABI or a bid bond in the form attached.

The bid bond shall be secured by a guaranty, or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such bid bond shall be within the maximum amount specified for such company in Circular

570. No bid shall be considered unless it is accompanied by the required guaranty. The bid guarantee shall ensure the successful bidder's execution of the Agreement and furnishing of the performance and payment bonds and insurance required by the Agreement documents. The bid guarantee of the bidders submitting the five lowest total bid amounts for the Agreement will be retained either until the Apparent Successful Bidder has signed the Agreement and furnished performance and payment bonds and certificates of insurance, or until the one hundred twentieth (120th) calendar day after the bid opening date, whichever is sooner. Other bid guarantees will be returned within ten (10) calendar days after the bid opening date. Bid guarantees held pending signing the Agreement and furnishing other documents will be returned within ten (10) calendar days thereafter. Each bidder agrees that if it is awarded the Agreement and fails to execute the Agreement and furnish the other required documents within fifteen (15) days, ABI will retain the bid guarantee as liquidated damages, not as a penalty.

g. Attorneys-in-fact who sign bid bonds must file with the bond a certified and effectively dated copy of their power of attorney.

h. It is the responsibility of the construction professional to maintain a project schedule throughout the entire duration of construction activities. The schedule should be updated twice monthly for the duration of construction, with the baseline schedule submitted at the project Pre-Construction Meeting.

i. The construction professional is required to submit an agenda as well as prepare meeting minutes of all construction meetings. These minutes shall be submitted in a timely fashion, but in no case more than 5 working days after the meeting they are recording.

j. The contractor is to submit all project documentation on an approved project management/web based system such as Procore or similar as approved by ABI. Examples of items to be tracked through this system are RFI’s, submittals, and meeting minutes as well as the project schedule and document control.

k. Change Order Management – it is the Construction Professional’s responsibility to maintain a PCO and CO log. The logs shall be updated bi-monthly. It is the Construction Professional’s responsibility to track potential cost events that may affect project costs. The Construction Professional must bring such events to ABI's attention within 14 days of occurrence. Any change event not brought to ABI's attention within 14 days will be considered void. Attention means an event has been recorded and an anticipated cost is presented.

l. The contractor must arrange and attend a preconstruction conference with

ABI.

SCHEDULE

The GC shall complete the project within two hundred calendar days of receiving a Notice to Proceed. Failure to meet this schedule may result in the assessment of liquidated damages in the amount of one thousand and 00/100 dollars ($1,000.00) per day. ABI will schedule weekly on-site meetings with the GC, subcontractors, and other partners.

6. REQUIRED BID CONTENT

To ensure bids can be properly evaluated, please submit bid(s) as required below. By signing the required Bid Form and the Bidder’s Acknowledgment form, you are indicating that the entire ITB has been read and accepted in its entirety.

STEP 1 FORMS (COMPLETED BY ALL BIDDING PARTIES):

Item 1: Title page shall include the bid subject, the Bidder’s name, address, phone and fax numbers, email address, contact person, due date of the bid (Form 1).

Item 2: Completed and Signed Bid Form (Exhibit A), completed Bond Coverage Form (Exhibit B), and Bid Bond Form (Exhibit C). Include completed Northwest Trail Segment 2C

- Construction Schedule of Values (SOV) (Exhibit Y).

Item 3: Completed Claims, Disputes, and Responsibility Form (Exhibit X).

Item 4: Acknowledgement of Addendum (if applicable for Step 1) (Exhibit W) Item 5: Bid Submittal Checklist Applicable to Step 1 Required Documents for Submittal (Exhibit V)

STEP 2 FORMS (COMPLETED ONLY BY APPARENT LOW BIDDER AFTER NOTICE):

Item 1: Table of Contents for bid package submission with page numbers listed.

Item 2: Copy of current GC license.

Item 3: A proposed work plan and time schedule adequately addressing the scope of work.

Proof of the following experiences related to the execution of the scope of work described in this ITB either by the GC or any of its sub-Contractors:

Item 4a: Evidence of completing a minimum of three (3) similar jobs within the past ten (10) years.

Item 4b: Evidence that this project represents no more than 50% of the total bonding capacity of the bidder.

Item 5: Authorization to Transact Business in the State of Georgia Item 6: Completed W-9 Form Item 7: All required bid exhibits and forms completely filled in, signed, notarized as applicable, as indicated on the Bid Submittal Checklist.

ABI retains the right to request any additional information pertaining to the GC’s ability, qualifications, and procedures used to accomplish all work under the Agreement as it deems necessary to ensure safe and satisfactory work. ABI reserves the right to reject any and all bids and to waive any informality in the solicitation process.

Make every effort to keep bids as concise as possible, using a minimum font size of 11 point.

The body of the submittal is limited to a maximum of (10) electronic pages. Required submittal forms are not included in the maximum page limit. However, include the completed required forms with the bid submittal.

ABI will review bids to ensure they are responsive and responsible. Bids that are deemed to be non-responsive and/or non-responsible will be disqualified from further consideration.

ABI will award the contract to the lowest, responsive, and responsible bidder.

ABI assumes no obligation for any expenses incurred in responding to this ITB. ABI reserves the right to reject all bids at its sole discretion. ABI will honor bids, including costs, for a period not to exceed 120 days.

7. EVALUATION OF BIDS

The contract will be awarded to the lowest responsive and responsible bidder whose proposal meets all prescribed requirements herein.

Step 1:

• Title Page

• Lowest responsive and responsible bid amount on Bid Form and Schedule of Values

• Bond Coverage Form

• Bid Bond Form

• Addenda Acknowledgment

• Claims, Disputes, and Responsibility Form

• Bid Submittal Checklist

Step 2:

ABI will notify the lowest responsive and responsible bidder to submit the Step 2 package, which will include all required forms, and will review it to ensure the bidder is responsive and responsible. ABI reserves the right to proceed to the next lower bidder if the bidder does not meet the Step 2 submission timeline or is not responsive and responsible. An additional compliance checklist is listed below.

Continuance of Bid Evaluation:

• Does the bid fully respond to the requirements of ABI as stated in this solicitation?

• What is the timeframe in which the GC will commit to complete the services requested? The bidder must provide a critical path method (CPM) schedule.

• Has the GC constructed similar projects within the required timeline and budget?

• Does the bid adequately describe the procedures to be used in a clear, concise, and understandable manner?

In addition, the bid shall address each question below. A “no” answer to question (1) or a “yes” answer to question (2) will disqualify the bid.

1. Is the GC properly licensed?

2. Has disciplinary action been taken or is pending against the bidder?

If the lowest bidder does not satisfactorily meet the requirements in Step 2, the next lowest responsive and responsible bidder must submit Step 2 paperwork for evaluation.

8. PROTESTS

Any protest of the procurement solicitation documents or process shall be submitted within five business days of the Contract award for resolution to the ABI Procurement Director, sclark@atlbeltline.org. Such a protest shall be in writing and shall be supported by the information necessary to enable the protest to be considered. A protest will not be considered if it is insufficiently supported, or it is not received within the time limits specified herein. A protest based upon terms, conditions, or form of a proposed procurement action shall be submitted so that it is received by ABI no later than five ABI business days following notification of the action by ABI.

ABI will render a written final determination on any protest and provide it to the protester as soon as practicable.

mailto:sclark@atlbeltline.org

B. ATLANTA BELTLINE, INC. TERMS & CONDITIONS

ABI desires to develop a Contract that appropriately places risk with the party best able to address the issue, ensures all parties to the Contract are appropriately protected, and maintains its responsibility to serve as an effective steward of public funds while advancing the Project.

1. Solicitation / Not an Offer This solicitation does not constitute an offer by Atlanta Beltline, Inc. (ABI) to enter into an Agreement and is not an offer that can be accepted by the bidder to form an Agreement. No language contained anywhere in this solicitation should be construed or interpreted to convey an offer to enter into an Agreement with ABI. The terms of this solicitation are to be considered as a whole. However, no terms may be considered in whole or in part to constitute an offer to enter into an Agreement with ABI.

This solicitation invites the bidder to make an offer to ABI in the form of a bid. No offer made in response to the terms and conditions of this solicitation may include any terms and conditions which can bind ABI to any contractual Agreement until such time as the Agreement has first been awarded by ABI to the most responsible and responsive bidder whose bid meets the material requirements and criteria set forth in the solicitation and the same is accepted and fully executed and sealed by agents of ABI designated on the signature page of the Agreement included in the solicitation. The term of your offer must conform to all applicable federal and local laws, and all requirements of the solicitation.

YOUR OFFER IS A FIRM OFFER AND MAY NOT BE WITHDRAWN FOR 120 DAYS.

Your response to this solicitation is a firm offer, which ABI may accept or reject in whole or in part without any further action on your part. ABI's acceptance of your offer will form an Agreement enforceable against you.

2. General Terms and Conditions All applicable State of Georgia and federal laws, City of Atlanta and county ordinances, licenses and regulations of all agencies having jurisdiction shall apply to the bidder and the project throughout and incorporated herein. The Agreement with the successful bidder and all questions concerning the execution, validity or invalidity, capability of the parties, and the performance of the Agreement, shall be interpreted in all respects in accordance with the laws of the State of Georgia.

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

No bid shall be accepted from and no Contract will be awarded to any person, firm, or corporation that is in arrears to ABI, IA, or the City of Atlanta, under debt or contract that is a defaulter, as surety or otherwise, upon any obligation to ABI, IA or the City of Atlanta, or that is deemed irresponsible or unreliable by ABI, IA or the City of Atlanta. If requested, the bidder or subcontractor shall be required to submit satisfactory evidence that they have the necessary financial resources to provide the proposed services.

From the date a bid is received through the date a Contract is awarded, no bidder may make substitutions, deletions, additions or other changes in the configuration of its bid without ABI’s express written consent.

This procurement may be canceled, or any or all bids, qualifications, or proposals may be rejected in whole or in part when it is in the best interest of ABI or when funding is not available for completion of the services requested under this document. In the event that this procurement is canceled, a notice of cancellation shall be sent to all persons, firms, or entities that submitted responses to this procurement.

Bidder’s status shall be that of an independent contractor, and neither it nor any of its employees or subcontractors is or shall be an agent, servant, or employee of ABI, IA, or the City.

Bidder shall defend, indemnify, and hold harmless ABI, IA and the City of Atlanta against all claims, judgments or liabilities to which they may be subject because of any negligence, intentional act, omission, or fault or default by the bidder, its consultants, or sub-consultants.

Bidder shall agree to the Superior Court of Fulton County as the venue in any legal action or proceeding between the bidder and ABI, IA, or the City.

3. Organizational Conflicts of Interest and Excluded Parties An organizational conflict of interest exists when the nature of the work to be performed under a proposed contract or lease may, without some restriction on future activities, result in an unfair competitive advantage to the bidder or impair the bidder’s objectivity in performing the work. Clarifications may be sought by submitting a letter requesting clarification and stating the reasons why the bidder believes a potential organizational conflict of interest exists. In preparing this solicitation, a review of existing contracts with ABI should be undertaken, and the bidder shall make known any consultants, subcontractors or sub-consultants that are specifically excluded from participating in this solicitation. All who respond to this ITB shall complete the Certification of No Organizational Conflict of Interest attached hereto as part of Exhibit F and submit it as part of its response to this ITB. A bid that does not include this completed form is subject to disqualification.

Consultants, subcontractors or sub-consultants with active contracts with ABI are excluded from being eligible to submit a response to this procurement except under the following circumstances:

a. If the contractor, consultant, subcontractor or sub-consultant completes the Certification of No Organizational Conflict of Interest; and

b. If ABI Legal Counsel agrees that the contractor, consultant, subcontractor, or sub-consultant has no organizational conflict of interest.

If the above conditions are met, the bidder may be considered eligible to participate in this procurement.

4. Termination of Contract ABI has the right to terminate the contract upon thirty (30) days’ written notice, with or without cause.

5. Payment ABI shall make payment within 60 days upon receipt of payment request (see sample contract), inspection and acceptance of the work and all required documentation by

ABI.

6. Code of Ethics ABI’s Code of Ethics, included as Exhibit S, applies to this solicitation.

7. Background Checks and Drug Testing The bidder may be required to implement a drug-free workplace program including pre-employment testing and background checks, including Social Security number verification. Any employee assigned to the Project may be subject to background screening through “Livescan” administered by the Georgia Bureau of Investigation.

8. Federal Work Authorization Pursuant to O.C.G.A. §13-10-91, qualifying contractors and subcontractors performing work within the State of Georgia on a contract with ABI must register and participate in a federal work authorization program. A certification form verifying participation in such a program will be required of all Respondents in addition to the S.A.V.E.

Program Affidavit required by O.C.G.A. §50-36-1 (e) (2). See Exhibit G.

9. Debarment and Suspension ABI shall not award a contract to bidders that are debarred or suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549.

10. Authority to Debar or Suspend After reasonable notice to the vendor involved and reasonable opportunity for that person or entity to respond, ABI’s President and CEO shall have authority to debar or suspend a person or entity for cause from consideration for award of contracts.

11. Proprietary Information ABI recognizes that material in its possession or in the possession of IA or the COA or any other government agency is subject to public examination and copying under the Georgia Open Records Act, O.C.G.A. §50-18-70, et.seq.

(the “Act”). Bidder has the obligation to identify proprietary information and trade secrets by clearly marking the documents “Trade Secret” as required by the Act. If ABI receives any request under the Act to examine or copy any of the proprietary information obtained pursuant to this Agreement, it will immediately notify the bidder of such request and will respond to the requesting party within the time allowed by law, indicating to the requesting party that the information requested constitutes trade secrets and therefore is considered by ABI to be exempt from disclosure under the Act. Notwithstanding the foregoing, it shall be the obligation of the bidder to take appropriate, timely legal action to secure the nondisclosure of the information requested, at its sole expense. ABI shall cooperate in any action at law or equity in any court of competent jurisdiction to permit the bidder to seek a protective order or other relief to prevent the disclosure of the Proprietary Information of the bidder requesting disclosure under the Georgia Open Records Act;

provided, however, that the bidder shall be required to indemnify ABI, IA and the COA for any and all costs, expenses, or claims arising from such matter(s).

12. Ex Parte Communication Please note that to ensure the proper and fair evaluation of a proposal or bid, ABI prohibits ex parte communication initiated by a bidder, respondent or offeror to an ABI employee, consultant, contractor, volunteer, board member, graduate or undergraduate fellow, citizen, City of Atlanta official (i.e. city council member, mayor, etc.), or any ABI affiliates, evaluating or considering the proposal or bid prior to the time a selection has been made and the contract between the awardee and ABI is executed. Communication includes but is not limited to fax, phone call, email, and in-person. Communication between a bidder, respondent, or offeror and ABI must be directed in writing only to the Procurement Director or other contact person designated by ABI. The Procurement Director or designated contact person will obtain the needed information or clarification. Ex parte communication may be grounds for disqualifying the offending bidder, respondent, or offeror from consideration or award of a bid or proposal (or any solicitation), and repeat offenders may be disqualified from responding to solicitations for future projects. After this solicitation has been published and up until the time a contract is fully executed, no bidder, respondent, or offeror shall make direct contact with any member of ABI staff other than the persons listed on the first page of this solicitation. Furthermore, no person shall attempt to communicate with any ABI employee, director, or officer, excluding the ABI Procurement Manager or the ABI Procurement Director, regarding this ITB during its pendency.

13. Force Majeure Neither party shall be held to be in breach of the Contract resulting from this ITB because of any failure to perform any of its obligations hereunder, if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full details of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

14. Addenda and Interpretations All questions by prospective bidders as to the interpretation of the bid document must be submitted within Bonfire and must be received no later than the time and date specified on the first page of this ITB. Every interpretation made to a bidder will be in the form of an addendum to the bid document. All addenda will be accessible at the Bonfire link listed within this ITB. The Bonfire link is listed on the first page of this ITB. Bidders are responsible for inquiring about issued addenda. All such addenda shall become part of the Agreement, and all bidders shall be bound by such addenda, whether or not received by the bidders. Please double-check Bonfire to ensure you have all documents issued before submitting your bid.

ABI shall not be bound by any information, explanation, clarification, or any interpretation, oral or written, by whosoever made, that is not incorporated into an addendum to the bid document. ABI shall not respond to inquiries received after the time and date specified in the

ITB.

15. Preparation of Bids All bids must be submitted in accordance with the bid submittal requirements listed within this ITB. ABI supplies bid document forms, which are subject to all requirements of the agreement as described below. All bids must be regular in every respect, and the bidder shall not make or include interlineations, excisions, or special conditions in the bid. Enter lump sum, unit price, and unit price extensions in the appropriate spaces on the Bid Schedule/Bid Form. Unit prices shall include an appropriate allocation of overhead and other indirect costs so that the summation of unit price extensions and lump sum items represents the total bid amount. In the case of any bid item for which a fixed amount predetermined by ABI has already been entered on the Bid Schedule, the amount so entered shall be conclusive of all bidders as the price for such item and shall not be revised unless ABI directs a change in the Scope of Work affecting the item to which such amount relates.

ABI may consider as irregular any conditional bid or any bid on which there is an alteration of, or departure from, the Bid Schedule hereto attached and at its option may reject the same.

Erasures or other changes in the bids must be explained or noted over the bidder's signature. Failure to do so shall render the bidder non-responsive and cause rejection of the bid.

Failure to execute the Bid Schedule/Bid Form documents may render the bidder non-responsive and cause rejection of the bid at the sole discretion of ABI.

16. Execution of Bid Bidders shall submit their bids, together with the Bid Guarantee and all forms which the bidder is required to sign, executed in the appropriate manner as set forth below:

a. If the bidder is a corporation, all required documents shall be signed by the president or vice-president of the corporation, whose signature shall be attested by the secretary or assistant secretary of the corporation and the corporate seal affixed.

b. If the bidder is an individual, the bidder shall sign all required documents and his or her signature shall be notarized by a notary public.

c. If the bidder is an individual doing business under a trade name, all required documents shall be signed by the bidder whose signature shall be followed by either "doing business as," or "trading as," followed by the trade name of the bidder's business and notarized by a notary public.

d. If the bidder is a partnership, all required documents shall be executed by placing the name of the partnership followed by "By: (the name of the partner executing)" followed by the word "Partner," and notarized by a notary public.

e. If the bidder is a limited liability company, all required documents shall be signed and notarized by the sole or managing member or manager, as the case may be.

f. If the bidder is a joint venture, each party to the joint venture shall execute the Bid Documents in the manner set forth in items a, b, c, d, or e of this article of the Instructions to Bidders as appropriate for this type of organization.

17. Errors in Bids Bidders and their authorized representatives are required to fully familiarize themselves with the conditions, requirements, addenda, and specifications before submitting a bid. Failure to do so will be at the bidder's own risk. In case of error in extension or prices in the bid, the unit price(s) shall govern.

18. Disqualification of Bidders Any of the…