REQUEST FOR SEALED PROPOSAL. ADVERTISEMENT for CONSTRUCTION SERVICES RFP - GICC GATEWAY CENTER ARENA

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1 REQUEST FOR SEALED PROPOSAL ADVERTISEMENT for CONSTRUCTION SERVICES RFP - GICC GATEWAY CENTER ARENA The City of College Park is accepting sealed proposals from qualified vendors for GICC GATEWAY CENTER ARENA. Sealed proposals will be received no later than Friday, June 8, 2018 at 1:30 pm at the City of College Park Purchasing Department, 3667 Main Street, College Park Georgia, Proposals received after the above date and time, or in any other location other than the Purchasing Department will not be considered. As a requirement of this RFP, a five percent (5%) Proposal (Bid) Bond shall be submitted with proposal. The successful proposer will be required to provide Payment and Performance Bond in the amount of one hundred percent (100%) of total contract amount before execution of contract. A bid packet may be obtained by clicking "related documents" below or a hard copy from the City of College Park Purchasing Department, 3667 Main Street, College Park, Georgia or under the Bids / RFPs section. Information Conference - MANDATORY Pre-Proposal Meeting (on-site visit or review) Timeline Q&A and Clarifications ( only to wmoody@collegeparkga.com) Reference : RFP GICC GATEWAY CENTER ARENA Not Required May 23, :00 pm Deadline Addendum(s) published May 29, :00 pm Open Sealed Bids June 8, :00 pm Any/all addenda must be signed, dated, and made a part of bid packet. It is always the vendor s responsibility to check the City of College Park s website for any/all addenda. The City of College Park reserves the right to reject any or all bids based on past performance and to waive technicalities and informalities and re-advertise. All Minority, Woman and Small Businesses are strongly encouraged to apply. Only responsive bids that are determined to meet the requirements and criteria set forth by the City of College Park will be considered. RFP GICC GATEWAY CENTER ARENA Page 1

2 CITY OF COLLEGE PARK PURCHASING DEPARTMENT GENERAL INSTRUCTION TO PROPOSER 1. The following instructions are to be considered an integral part of this proposal. Unless otherwise requested, one (1) marked Original and five (5) marked Copy of the proposal form need be submitted and MUST BE TYPEWRITTEN OR PRINTED IN INK. The person signing the bid form must initial any changes or corrections made to this proposal, using blue ink. 2. The person, firm or corporation making the proposal shall submit their bid in the YELLOW ENVELOPE provided with this proposal. The envelope must be complete with the bidding company s name, bid title, bid number and bid date. Should a larger envelope be required, the YELLOW ENVELOPE must be attached to the outside. No proposal may be withdrawn or modified in any way after the bid-opening deadline. NOTE: PROPOSAL DOCUMENTS DOWNLOADED FROM THE COLLEGE PARK WEBSITE MAY USE THE ATTACHED MAILING LABEL TO SUBMIT YOUR PROPOSAL. SEE PAGE FOUR (4) FOR LABEL. 3. Please provide the original and one (1) copy of a proposal unless otherwise stated in the documents. 4. If descriptive literature is attached to the bid, bidding company s name, bid title, bid number and bid date must appear on all sheets. 5. If there is any question whatsoever regarding any portion of the instructions or specifications, it shall be the bidding company s responsibility to seek clarification immediately from the City of College Park Purchasing Department during the question period stated herein. It shall be the bidder s responsibility to check the City s website ( for any/all addenda(s). Answer(s) to all questions will be answered after the deadline for questions has expired, and posted on the City s web site, if applicable, within the specified timeline on page one (1). 6. Any variation from the specifications must be clearly stated by the bidding company in writing and submitted with his/her proposal. 7. The apparent silence of the specifications and any supplement specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be of first quality. All interpretations of this specification shall be made upon the basis of this statement. 8. The following bid shall be awarded to one responsible bidder on a total lump sum price basis. An award shall be made to one vendor for the total bid. Unit prices and extensions will be verified and total checked. Unit price extension and net total must be shown. Unit price SHALL prevail. RFP GICC GATEWAY CENTER ARENA Page 2

3 9. In most cases, proposals shall be evaluated on the following items, but not necessarily in this order: a. Lowest Price b. Adherence to specifications c. Delivery of good/service(s) a. If Applicable To Scope of Work b. Though delivery will be a large consideration, please be as truthful and precise with your date(s) as possible. d. Past record of vendors delivery/performance to the City Of College Park 10. The City of College Park desires delivery of the material or services specified at the earliest possible time after the date of award. An unreasonable delivery proposal may be cause for disqualification of a bid. Each bidder shall state a definite time and avoid using the terms ASAP or approximately so many days. 11. The bidder or contractor shall provide copies of Workers Compensation Insurance with a limit of not less than required by the State of Georgia or otherwise stated in the bid instructions. In addition, a copy of your Commercial General Liability Insurance (if applicable) shall be provided. 12. All prices shall be for delivery, our destination, and F.O.B. freight prepaid and allows, College Park, Georgia unless otherwise shown. (if applicable) 13. Federal or State Sales Tax is inapplicable a. The City of College Park Federal tax identification number (FIN) is b. The City of College Park is tax-exempt under the code of Georgia, Charter Cash discounts or end of month terms should be shown separately, even if terms are net. 15. The City of College Park reserves the right to accept or reject any and all bids, due to past performance, etc. and waive any informality. The City of College Park will accept or reject all bids within 90 days from the date of the bid opening. THE UNDERSIGNED ON THE BID PROPOSAL CERTIFIES THAT HE/SHE HAS CAREFULLY EXAMINED THE INSTRUCTIONS TO BIDDERS, TERMS AND SPECIFICATIONS APPLICABLE TO AND MADE A PART OF THIS PROPOSAL. HE/SHE FURTHER CERTIFIES THE PRICES SHOWN IN THE SCHEDULE OF ITEMS ON WHICH HE/SHE IS BIDDING, ARE IN ACCORDANCE WITH THE CONDITIONS, TERMS AND SPECIFICATIONS OF THE PROPOSAL AND THAT ANY EXCEPTION TAKEN SIGNATURE: DATE: PLEASE NOTE THAT THIS RFP DOCUMENT IS A STANDARD, BOILER-PLATE FORM. PLEASE TAKE INTO CONSIDERATION THAT IT IS NOT NECESSARILY MODIFIED FOR EACH AND EVERY REQUEST FOR PROPOSAL. RFP GICC GATEWAY CENTER ARENA Page 3

4 RFP GICC GATEWAY CENTER ARENA Page 4

5 CITY OF COLLEGE PARK PURCHASING DEPARTMENT REFERENCE: RFP - GICC GATEWAY CENTER ARENA SHOW ALL EXCEPTIONS AND COMMENTS BELOW SIGNATURE: DATE: RFP GICC GATEWAY CENTER ARENA Page 5

6 Purchasing Department Vendor Questionnaire The City of College Park Purchasing Department is seeking vendor information to create a database of current and new businesses doing business with the City of College Park. We ask that all vendors take this time to provide the following information so that we can update our records and develop a process to benefit the needs of the community. The information collected from this questionnaire will not be used in the award of bids. The City will continue to utilize a fair, equitable and impartial process and award bids based upon the lowest responsible bidder. Vendor Name: Vendor Category: Physical Address: City, State, Zip: Telephone: Fax: Alternate Phone: Remit To: City, State, Zip: A Minority Business Enterprise (MBE) is a business which is an independent and continuing operation for profit, performing a commercially useful function, which is owned and/or controlled by one or more minority group member(s). African American Business Enterprise (AABE), Hispanic Business Enterprise (HBE), Female Business Enterprise (FBE), Asian Business Enterprise (ABE), Native American Business Enterprise (NABE) An Owned is a minority or female owner which possesses an ownership interest 51% of the business A Controlled is a minority or female which possess and exercise the legal authority and power to manage business assets, good will and daily operations of the business and actively and continuously exercise such managerial authority and power in determining the policies and directing the operations of the business. Classification of your MBE Company (optional): Vendor Contact Name (print) Title Vendor Contact Signature Date RFP GICC GATEWAY CENTER ARENA Page 6

7 CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned contractor / subcontractor / subsubcontractor who is engaged in the physical performance of services under The City of College Park contract verifies its compliance with The Georgia Illegal Immigration Reform and Enforcement Act of In addition, they are enrolled in and use E-Verify or, in the case of a contractor / subcontractor / sub-subcontractor who has no employees and does not intend to hire employees during the term of the contract, will provide a copy of a state-issued driver s license or ID Card issued by a U.S. state that will verify lawful immigration status. E-Verify User Identification Number E-Verify Date of Authorization Name of Contract/Project Name of Contractor/ Subcontractor/ Sub-subcontractor (Circle one) Name of Authorized Officer Signature of Authorized Officer SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF, 20 Notary Public My commission expires on: RFP GICC GATEWAY CENTER ARENA Page 7

8 RFP DOCUMENT REQUIREMENTS & CHECKLIST Complete, sign and submit the following RFP documents in the order listed below. The proposal shall be submitted using the forms included in the RFP document. 1. One (1) marked Original and five (5) marked Copy 2. Form of Proposal and Quote Sheet completed, signed and dated 3. RFP document requirements & checklist completed, signed and dated 4. Bid Bond (5%) 5. Payment and Performance Bond (100 %) 6. License number and documentation (required by applicable state and local laws) 7. Exceptions Sheet 8. Vendor Questionnaire 9. Contract Affidavit 10. Proofs of Insurance (all requirements must be met before execution of contract) 11. List of subcontractors 12. Reference Request pages 13. All Addenda must be signed, dated and made a part of bid packet 14. Successful bidder acknowledges requirement to provide Performance and Payment Bond before execution of contract 1. Is the vendor located in College Park? 2. Has the vendor previously conducted business with College Park? 3. Has your company ever been debarred from doing business with any federal, state or local agency? (If yes to question 3, on a separate sheet of paper, provide details including: agency name, date(s) and reason for debarment.) Vendor Contact Name (print) Title Vendor Contact Signature Date Vendor Address Phone Faxed, ed or late proposals will not be accepted. The City of College Park is not responsible for submissions not properly identified, late or undelivered mail or courier service(s) RFP GICC GATEWAY CENTER ARENA Page 8

9 INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this contract is in force, the contractor shall obtain, maintain and furnish the City of College Park, Certificates of Insurance from licensed companies doing business in the State of Georgia and acceptable to the City of College Park covering: 1. Worker s Compensation Insurance 2. Comprehensive General Liability Insurance 3. Automobile Liability 4. Umbrella Liability Insurance Copies of these Certificates of Insurance shall be furnished to the City of College Park prior to execution of the contract. Such policies shall be non-cancellable except on thirty (30) days written notice to the City of College Park. LOCAL PREFERENCE POLICY Local Preference may be given to businesses that have a business location within the geographic boundaries of the City of College Park as long as all requirements of the bid have been met. Should a local vendor submit a bid proposal that is not more than five percent (5%) greater than the bid of the lowest non-local vendor for bids up to $150,000 or not more than three percent (3%) greater than the bid of the lowest non-local vendor for bids in excess of $150,000, then the local vendor s bid shall be recommended for approval provided all requirements of the bid proposal/process have been met. This policy shall not apply to any purchases of materials, equipment or services in excess of $1,000,000. The term business location means that the business has a staffed, fixed, physical place of business located within City of College Park City Limits and has had the same for at least one (1) year prior to the date of the business submission of its proposal or bid, as applicable and has held a valid business license from the City of College Park. RFP GICC GATEWAY CENTER ARENA Page 9

10 Subcontractor I will / will not propose to subcontract some of the work on this project? (response) I propose to subcontract work to the following: Subcontractor Print Name Brief Description of Work to be Performed by Subcontractor Percent of Work Vendor Contact Name (print) Vendor Contact Signature Title Date Note: The City of College Park requires the (primary) contracted vendor to complete no less than fifty-one (51) percent of the proposed projected RFP GICC GATEWAY CENTER ARENA Page 10

11 Reference Request The following references are from current and past government, educational and/or commercial accounts of similar size and scope. Your list should consist of a minimum of five (5) references, and will not include the City of College Park. Nor should your references be current of former City of College Park employees. REFERENCE # 1: Name of Company/Entity: Mailing Address: City/State/Zip Code: Contact Person Name: Contact Person Telephone Number: Date When Work Performed: Brief Description of Work Performed REFERENCE # 2: Name of Company/Entity: Mailing Address: City/State/Zip Code: Contact Person Name: Contact Person Telephone Number: Date When Work Performed: Brief Description of Work Performed RFP GICC GATEWAY CENTER ARENA Page 11

12 REFERENCE # 3: Name of Company/Entity: Mailing Address: City/State/Zip Code: Contact Person Name: Contact Person Telephone Number: Date When Work Performed: Brief Description of Work Performed REFERENCE # 4: Name of Company/Entity: Mailing Address: City/State/Zip Code: Contact Person Name: Contact Person Telephone Number: Date When Work Performed: Brief Description of Work Performed REFERENCE # 5: Name of Company/Entity: Mailing Address: City/State/Zip Code: Contact Person Name: Contact Person Telephone Number: Date When Work Performed: Brief Description of Work Performed RFP GICC GATEWAY CENTER ARENA Page 12

13 By signing below, I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, and certify that I am authorized to sign this bid for the bidder. Vendor Name: Vendor Category: Physical Address: City, State, Zip: Telephone: Fax: Alternate Phone: Remit To: City, State, Zip: RFP GICC GATEWAY CENTER ARENA Page 13

14 I. GENERAL PURPOSE The Mayor and Council for the City of College Park will receive competitive sealed qualification proposals from General Contracting firms to provide construction services for the complete construction (site, building and systems) for the Gateway Center Arena project (the Project ) to be located at 2000 Convention Center Concourse, College Park, GA 30337, as specified per the Construction Documents. Project Plans, Specifications and other pertinent design information may be obtained by copying and pasting the following link to your web browser: The cost of reproduction of plans/drawings is non-refundable. All proposal responses received prior to 2:00 pm Friday, June 8, 2018 will be kept securely unopened until all proposal responses are opened. Any proposal response received after 1:30 pm Friday, June 8, 2018 will not be considered. A selection committee will evaluate the proposal responses and a contract with a stipulated sum will be awarded based upon the respondent s qualifications, experience and understanding of the scope of work to be performed. The firm selected will use construction documents prepared by TVS Design it is anticipated that the Mayor and Council will award a contract on the Project on or about Monday, June 18, All respondents are expected to be familiar with Georgia Law with respect to all phases of this Project from the proposal to final acceptance of the Project. The Mayor and Council for the City of College Park reserve the right to reject any and all proposals, to waive any formalities and technicalities and to award contracts in a manner consistent with the best interest of the City of College Park and the laws of the State of Georgia. EOE RFP GICC GATEWAY CENTER ARENA Page 14

15 II. PROPOSAL CONDITIONS A. REQUEST FOR PROPOSAL CONSTRUCTION SERVICES: 1. INTRODUCTORY: To be entitled to consideration, Proposals must be made in accordance with the following instructions and must be received at the City of College Park, 3667 Main Street, College Park, GA 30337, not later than the date and time set forth in the "Advertisement for Sealed Proposals. The Owner reserves the right to reject any or all Proposals and to waive any technicalities and informalities. 2. OWNER: The Owner for whom Work will be executed is; City of College Park 3667 Main Street College Park, GA ARCHITECT: The Architect selected by the Owner to prepare the Design for Construction documents is: TVS Design 2700 Promenade Two 1230 Peachtree Street, N.E. Atlanta, GA Attn: Rob O Keefe Phone: rokeefe@tvsdesign.com 4. PROGRAM MANAGER: BDR Partners 1756 Century Boulevard Atlanta, GA Attn: Jesse Frasier RFP GICC GATEWAY CENTER ARENA Page 15

16 Phone: PROPOSALS: One (1) marked Original and five (5) marked Copy of sealed Proposal, will be received by City of College Park 3667 Main Street, College Park, GA 30337, not later than the date and time set forth in the accompanying Advertisement For Sealed Proposals." Proposals received after the set specified time will not be considered by the Owner. 6. DOCUMENTS: Project Plans, Specifications and other pertinent design information may be obtained by copying and pasting the following link to your web browser: The cost of reproduction of plans/drawings is non-refundable. All proposal responses received prior to 2:00 pm Friday, June 8, 2018 will be kept securely unopened until all proposal responses are opened. Any proposal response received after 1:30 pm Friday, June 8, 2018 will not be considered. The construction contractors submitting proposals are responsible to review the proposal documents and the design for construction documents. If the construction contractor distributes partial sets of the design for construction documents, that construction contractor shall assume full responsibility for any errors or omissions in their proposal response resulting from the distribution of partial sets. 8. RFP ADDENDA: Any addenda issued in writing during this RFP period shall be included and recognized in the construction contractor s proposal response. 9. INTERPRETATIONS: No oral interpretations will be made to construction contractors as to meaning of proposal documents. Requests for such interpretations shall be made via ONLY to wmoody@collegeparkga.com during the question period of time stated herein. 10. WITHDRAWAL OF PROPOSALS: A construction contractor s proposal response cannot be withdrawn after it has been delivered to City of College Park 3667 Main Street, College Park, GA 30337, unless the construction contractor makes a request in writing to the Owner prior to the time set for receiving proposals, or unless the Owner fails to accept or rejects the Proposal within ninety (90) calendar days after the date fixed for receiving said p roposals. RFP GICC GATEWAY CENTER ARENA Page 16

17 11. IRREGULARITIES: The Owner, at its sole option, may reject proposals that contain irregularities of any kind, or proposals that do not comply fully with the Proposal documents. 12. CONSTRUCTION CONTRACT AWARD: A contract for construction services will be awarded to the responsible construction contractor whose proposal is determined to be the most advantageous to the City of College Park. Construction contractor proposals will be evaluated on a combination of factors. These factors, and their relative importance, are: 1) Firm Overview (5%) 2) Approach (5%) 3) Experience (25%) 4) Past Performance (20%) 5) Financial Information (10%) 6) Acceptance of Owner s Contract (15%) 7) Proposal Price (20%) 13. CONSTRUCTION CONTRACTOR S QUALIFICATIONS: The Owner, before contract award, will require construction contractors to document that they are responsible to the complete satisfaction of the Owner. They will thus be required to show that they have the necessary facilities, technical ability, and financial resources to execute the work in a satisfactory manner and within the time specified; that they have had experience in work of a similar nature; and that they have history and references that will verify their qualifications for executing the work. Construction contractors may be afforded an opportunity for discussion, negotiation and revision of proposals for the purpose of obtaining best and final offers. All responsible construction contractors found by the Owner to have submitted proposals reasonably susceptible of being selected for award shall be given an opportunity to participate in such discussions, negotiations and revisions. 14. OWNER S CONTRACT FORM: Included and made a part of this RFP is the Owner s contract. Construction contractors are responsible for the review of this document in the preparation of their proposals. The construction contractor s attention is directed to the insurance requirements included at the end of the contract. These insurance requirements shall be considered in the preparation of the construction contractor s p roposal. 15. COMMENCEMENT, PROSECUTION, AND COMPLETION: The Construction Contractor will be required to commence its services under the Owner s form of contract within five (5) days (or as soon as possible) after its receipt of a written Notice-to-Proceed order from the Owner and to prosecute the effort with competence, faithfulness and energy. RFP GICC GATEWAY CENTER ARENA Page 17

18 16. AFFIDAVIT: The construction contractor s proposal shall be accompanied by an affidavit in the form set forth herein. A. SUBMISSION OF PROPOSALS: III. INSTRUCTIONS FOR SUBMITTING PROPOSALS Sealed Proposals shall be submitted in seven (7) sections: 1) Firm Overview 2) Approach 3) Experience 4) Past Performance 5) Financial Information 6) Acceptance of Owner s Contract Proposal Price (Include in the separate second yellow envelope, sealed and marked Proposal Price for Construction of College Park RFP GICC GATEWAY CENTER ARENA ) One (1) marked Original and five (5) marked Copy of the sealed proposals shall be provided in loose leaf, three-ring binders. All proposals shall be clear and concise. The completed yellow envelope shall be affixed to the outside of package. B. PROPOSAL FORMAT: 1. Firm Overview: a. Firm name, address of firm headquarters and branch office handling this project as well as related telephone number, fax number, and addresses. b. Include how many years in business under the name stated above. Describe firm ownership, structure and history. c. List the number of permanent employees by professional discipline and provide an organization chart of the firm. Provide resumes of your key employees who you intend to assign to this project. d. If a joint venture, list each firm, rationale for joint venture, and previous RFP GICC GATEWAY CENTER ARENA Page 18

19 similar experience as a joint venture. 2. Approach: a. Describe your firm s approach to providing the Construction Phase Services and how you propose to expedite the construction process. b. Describe any special talent, experience or technical expertise your firm will employ with regard to schedule, budgets and quality control. c. Identify the steps your firm will take to attract local subcontractors and suppliers on this project. d. Set forth your Equal Employment Opportunity Policy. 3. Experience and Past Performance: a. Provide a project listing of current related projects completed over the past five years. Include in the listing, for each project, the following information: Project Name Project Type Construction Cost and Duration Role and Responsibility (Scope) Your Firm had on Project Owner's Name and Telephone Number Architect's Name and Telephone Number b. Identify in the listing above, projects which were completed with unusual schedule or budget constraints, with a brief explanation of the constraints. 4. Financial Information: a. Provide your firm's: Current value of Work under contract Current bonding capacity Current value of bonded Work. b. Provide a compliance letter from your bonding company showing consent to provide five percent (5%) Bid Bond and one hundred percent (100%) Payment and Performance Bonds for your services as Construction Contractor. RFP GICC GATEWAY CENTER ARENA Page 19

20 c. Describe any litigation or arbitration between your company and an Owner or subcontractor in the past five (5) years, including case name, number, location of court or arbitration, and, if an arbitration, the name and telephone number of at least one arbiter. d. Include the most recent financial statement, balance sheet and income statement for the firm (or firms in the case of a joint venture). 5. Acceptance of Owner s Contract: a. Indicate your willingness to execute the form of contract and to execute the form of performance and payment bonds included in this RFP. 6. Proposal Price: (Include in a separate sealed envelope, use Owner s standard yellow envelope/label.) a. Provide a cost breakdown of all work to be issued by subcontract. This breakdown shall be provided in CSI Format as shown on PROPOSAL FORM Note: All indirect costs must be included in either the fee or the general conditions. There will be no other compensation for indirect costs. b. Provide costs for Alternates as indicated in the Owner s Standard Form of Proposal, if any. Indicate the calendar day duration to complete the proposed College Park RFP GICC GATEWAY CENTER ARENA c. Acknowledge receipt of addendum, if any. END OF SECTION B RFP GICC GATEWAY CENTER ARENA Page 20

21 PROPOSAL REQUIREMENTS INSTRUCTIONS TO OFFERORS SERIES 00 SECTION Proposals will be received by the City of College Park, Georgia (herein called the "Owner"), at the City of College Park City Hall until 1:30 o'clock p.m., local time, the 8th day of June, Proposals shall be submitted using the completed yellow envelope as a label provided in Owner s RFP document. Yellow sealed envelope containing proposals must be completed and clearly and plainly marked on the outside as proposal for RFP GICC GATEWAY CENTER ARENA and the envelope should bear on the outside the name and address of the offeror, and the Offeror s license number if applicable. If forwarded by mail, the yellow sealed envelope containing the proposal quote amount must be enclosed in the other yellow envelope packet containing the Proposal responses. The Owner may reject any and all Proposals. Any proposal may be withdrawn prior to the abovescheduled time for the opening of Proposals or authorized postponement thereof. Any proposal received after the time and date specified shall not be considered. No offeror may withdraw a proposal within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the Owner and Offeror. The advertisement for competitive sealed proposals is incorporated by reference as if fully set out herein. PREPARATION OFPROPOSAL All proposals must be made on the separate proposal form furnished with these contract documents. Do not write on or remove pages from the specification book. All blank spaces for proposal prices must be filled in, in ink or typewritten, and the proposal form must be fully completed and executed when submitted. Only one (1) copy of the proposal form is required. Proposal unit prices must be written in both words and numerals; in the event of a conflict, the price as shown in words shall govern. Amounts are products of the proposal unit prices, multiplied by the estimated quantities. In the event of a conflict between the amounts and the unit prices, the unit prices shall govern. Proposals which are signed for a corporation shall have the correct corporate name thereof as listed with the Office of the Secretary of State of Georgia and shall be executed by the president, vice-president, or other authorized officer of the corporation and attested by the secretary, assistant secretary, or other authorized officer of the corporation with the corporate seal affixed thereto. Proposals by any other type of business entity shall be so executed as to bind that particular type of business entity to the full extent allowed under all applicable provisions of Georgia and United States law. A conditional or qualified Proposal will not be accepted. MODIFICATIONS BY TELEPHONE OR FACSIMILETRANSMISSION Offerors may not modify his/her proposal by telephone communication or facsimile transmission at any time prior to the scheduled closing time for receipt ofproposals. RFP GICC GATEWAY CENTER ARENA Page 21

22 CONDITIONS OF WORK The contract documents contain the provisions required for the construction of the project. information obtained from an officer, agent, or employee of the Owner, engineer, or any other person shall not affect the risks or obligations assumed by the contractor or relieve the contractor from fulfilling any of the conditions of the contract for construction and Incorporated general conditions (the Contract ). Each offeror is responsible for inspecting the site and for reading and being thoroughly familiar with the contract documents. An offeror shall in no way be relieved from any obligation with respect to the proposal by the failure or omission of the Offeror to be so familiar. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout performance of the wo r k. REPUTATION OF OFFEROR The Owner may make such investigations as it deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the owner all such information and data for this purpose as the Owner may request. PROPOSAL SECURITY Each proposal must be accompanied by a five percent (5%) Bid Bond, on the form provided by the City, payable to the Owner for five percent (5%) of the total amount of the proposal price. In the alternative, contractor may submit a cashier s check, made payable only to The City of College Park. Approval of the Bid Bond by Owner shall be a condition precedent to the award of the contract. As soon as the proposal prices have been compared, the Owner will return the bonds of all except the three most responsible offerors deemed to be in the best interest of the City of College Park. The bonds of the two remaining unsuccessful offerors will be retained until the Contract isexecuted. Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney. ADDENDA AND INTERPRETATIONS No interpretations of the meaning of the Contract Documents will be made orally to any Offeror. Every request for such interpretation should be made in writing via ONLY to wmoody@collegeparkga.com during the question period of time stated herein. MATERIAL SUPPLIERS ANDSUBCONTRACTORS All offerors must supply the names and addresses of major equipment and material suppliers and Subcontractors as requested in first section of RFP document, page entitled LIST OF SUBCONTRACTORS. CONTRACT DOCUMENTS All elements of the contract documents except addenda are itemized by the Table of Contents and Index to Drawings. Each offeror is responsible for ascertaining that the offeror has a complete set of documents and that each page and sheet thereof applies to the correct project and bears the correct date. Neither the Owner nor the engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of contract documents. The successful offeror shall use the contract documents provided by the Owner with no modifications except those agreeable to the Owner. RFP GICC GATEWAY CENTER ARENA Page 22

23 PROPOSAL REQUIREMENTS INSTRUCTIONS TO OFFERORS SERIES 00 SECTION CONTRACT AWARD The contract will be awarded to the most responsible and responsive offeror whose proposal is determined to meet the requirements and criteria set forth in these Instructions to offerors. The offeror to whom the award is made will be notified at the earliest possible date. The Owner reserves the right to reject any and all proposals and to waive any informality in proposals received whenever such rejection or waiver is in its interest. The Owner also reserves the right to afford Offerors an opportunity for discussion, negotiation, and revision of Proposals after submission of Proposals and prior to award for the purpose of obtaining best and final offers. All responsible Offerors submitting Proposals reasonably susceptible of being selected for award shall be given an opportunity to participate in such discussions, negotiations, and revisions. Each designated Contract will be awarded as a whole to one Offeror. The successful offeror to whom the contract is awarded will be required to execute the contract and obtain the Performance Bond and Payment Bond required herein within fifteen (15) calendar days from the date when Notice of Award is delivered to that offeror. Approval of the Payment Bond and Performance Bond by the Owner shall be a condition precedent to execution of the Contract by the Owner. In the event the Proposal Price is adjusted by appropriate Change Order, the penal sum of the surety on the Payment Bond and the Performance Bond shall be deemed increased by like amount. The Notice of Award shall be accompanied by the Contract and Bond forms to be executed. In case of failure of the successful Offeror to execute the Contract, the Owner may at its option consider the Offeror in default, in which case the Proposal Bond accompanying the Proposal shall become the property of the Owner. The Owner, within fifteen (15) days of receipt of an acceptable Performance Bond, Payment Bond and Contract signed by the successful Offeror, shall sign and return to the Offeror an executed duplicate of the Contract and the Bid Bond. Should the Owner not execute the Contract within the allowed period, the successful Offeror may give written notice of intent to withdraw the signed Contract. If ten (10) days after the Owner has received notice of intent to withdraw by the successful Offeror, the Owner has not executed the Contract, the Offeror may, by written notice, withdraw the signed Contract without further liability on the part of either party. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner, and the Owner immediately thereupon shall return to the successful Offeror the Bid Bond. The Notice To Proceed shall be issued within ten (10) days of Owner s receipt of the Contract executed by the Offeror. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the allowed time or within the period mutually agreed upon, the Contractor may terminate the Contract without further liability on the part of either party. PRE-CONSTRUCTION CONFERENCE The attention of offerors is particularly called to the pre-construction conference that will be held with the successful offeror and all known subcontractors prior to the issuance of a Notice to Proceed. This conference will cover provisions pertaining to schedules, payment requests, submittals, and other items related to the Contract. END OF SECTION B RFP GICC GATEWAY CENTER ARENA Page 23

24 PROPOSAL REQUIREMENTS PROPOSAL FORM SERIES 00 SECTION OWNER: City of College Park 3667 Main Street College Park, G A PROJECT: City of College Park RFP GICC GATEWAY CENTER ARENA Convention Center Concourse College Park, Georgia DATE: 1. The Undersigned, as Respondent, declares the only person interested in the proposal as Principal is as named below, and no other person has any interest in this Proposal or in the Contract to be entered into; and this Proposal is in all respects fair and in good faith. Respondent further declares he has examined the site of Work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done, and he has examined the Drawings and Specifications, including Addenda Nos. for the work and the other Contract Documents and has satisfied himself relative to the Work to be performed. In compliance with your Request for Proposal (RFP) and subject to all the conditions of thereof: The undersigned,, Georgia License No., Classification, a Corporation organized and existing under the laws of the State of Individual trading as, or a Partnership consisting of, or an, of the City of, hereby proposes to furnish all labor and materials and perform all work required for the General Construction of the College Park RFP GICC GATEWAY CENTER ARENA in accordance with Drawings and Specifications dated prepared by TVS Design and Owners other consultants. RFP GICC GATEWAY CENTER ARENA Page 24

25 BASE PROPOSAL AMOUNT: words) For construction complete as shown and specified, the sum of (in Dollars $ The Base Proposal Amount includes the cost of all bonds required under the proposed Contract Documents, and the cost of all provisions of the General Requirements, including the General Conditions and the Supplementary Conditions, and the 10% Contingency. Total Proposal Amount $ 2. TIME OF COMPLETION Time is of the essence of this contract. Contractor shall commence work immediately after Notice to Proceed (NTP) and shall substantially complete the construction within four hundred and fiftytwo (452) consecutive days as requested by the Owner as illustrated by the architects and consulting engineers in their plans and technical specifications. In submitting this proposal, I further agree: a. That this proposal will not be modified, withdrawn or canceled during the 90-day period following the time and date designated for the receipt of proposals. b. The Owner reserves the right to waive any information in any proposal, or to reject any or all proposals, in whole or in part, and to accept the proposal most advantageous to the Owner, should it be deemed in his best interest to do so. c. To execute and deliver the formal contract to the Owner with bonds and proof of insurance coverages. Delivery will be made within 10 days of receipt of written notice or acceptance of this proposal, with or without Alternates or other agreed-upon modifications. d. Proposal Security, payable to the Owner in the amount of five percent (5%) of the Base Proposal, is enclosed and is the measure of liquidated damages, which the Owner will sustain in the event the Contract and Bonds are not executed within the time set forth above. e. The undersigned further agrees that in case of failure on his part to execute the Contract Agreement and required Contract Bonds within 10 consecutive calendar days after being given written notice of the Award of the Contract, the Respondent s Bond accompanying this Proposal is callable and the surety will be called upon by the Owner for the liquidation; otherwise, the Bond accompanying this Proposal shall be returned to the undersigned. RFP GICC GATEWAY CENTER ARENA Page 25

26 PROPOSAL REQUIREMENTS PROPOSAL FORM SERIES 00 SECTION Signed and sealed this day of 20 Name of Respondent: By: Title: Business Address: Telephone: (CORPORATE SEAL) SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF, 20 Notary Public My commission expires on: RFP GICC GATEWAY CENTER ARENA Page 26

27 PROPOSAL REQUIREMENTS PROPOSAL FORM SERIES 00 SECTION Form of Proposal To: The City of College Park College Park, GA I/We the undersigned hereby offer and agree to supply and deliver the service(s) as outlined in the Request for Proposal documents. The signatures(s) below dignify the I/We have read and agree with the procedures outlined in the Request for Proposal documents. Proposal Submitted By: Company Name Address City, State, Zip Phone Website Print/Type Name Signature Title Date RFP GICC GATEWAY CENTER ARENA Page 27

28 PROPOSAL REQUIREMENTS PROPOSAL FORM SERIES 00 SECTION PROPOSAL BREAKDOWN Division Name Price $ Division 01 Contract Requirements/General Requirements Division 02 Existing Conditions Division 03 Concrete Division 04 Masonry - Precast Division 05 Metals Division 06 Woods and Plastics Division 07 Thermal and Moisture Protection Division 08 Openings Division 09 Finishes Division 10 Specialties Division 11 Equipment Division 12 Furnishings Division 13 Special Construction Division 14 Conveying Systems Division 21 Fire Suppression Division 22 Plumbing Division 23 Heating, Ventilating and Air Conditioning Division 25 Integrated Automation Division 27 Communications Division 28 Electronic Safety and Security Division 31 - Earthwork Division 32 Exterior Improvements Division 33 - Utilities TOTAL (Divisions 0-33) $ TOTAL PROPOSAL $ RFP GICC GATEWAY CENTER ARENA Page 28

29 Form of Contract The following section contains a sample contract to be used in the performance of the work. The City of College Park reserves the right to amend the terms of this contract prior to execution as needed. RFP GICC GATEWAY CENTER ARENA Page 29

30 CONTRACT FOR CONSTRUCTION AND INCORPORATED GENERAL CONDITIONS RFP GICC GATEWAY CENTER ARENA Page 30

31 TABLE OF CONTENTS ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS The Contract The Contract Documents Entire Agreement No Privity with Others Intent and Interpretation Ownership of Contract Documents Hierarchy of Contract Documents ARTICLE II THE WORK...35 ARTICLE III CONTRACT TIME Time and Liquidated Damages Substantial Completion Time is of the Essence ARTICLE IV CONTRACT PRICE The Contract Price RFP GICC GATEWAY CENTER ARENA Page 31

32 ARTICLE V SCHEDULE OF VALUES AND PAYMENT OF THE CONTRACT PRICE Schedule of Values Payment Procedure Withheld Payment Unexcused Failure to Pay Substantial Completion Completion and Final Payment...39 ARTICLE VI THE OWNER Information, Services and Things Required from Owner Right to Stop Work Owner's Right to Perform Work ARTICLE VII THE CONTRACTOR Warranty Supervision Schedules Shop Drawings, Product Data and Samples Cleaning the Site and the Project Access to Work Indemnity RFP GICC GATEWAY CENTER ARENA Page 32

33 7.13 Means, Methods, Techniques, Sequences, Procedures and Safety Separate Contracts ARTICLE VIII CONTRACT ADMINISTRATION The Architect Architect's Administration Claims by the Contractor ARTICLE IX SUBCONTRACTORS Definition Award of Subcontracts...46 ARTICLE X CHANGES IN THE WORK Changes Permitted Change Order Defined Changes in the Contract Price Effect of Executed Change Order Notice to Surety; Consent ARTICLE XI RFP GICC GATEWAY CENTER ARENA Page 33

34 UNCOVERING AND CORRECTING WORK Uncovering Work Correcting Work Owner May Accept Defective or Nonconforming Work ARTICLE XII CONTRACT TERMINATION Termination by the Contractor Termination by the Owner...49 ARTICLE XIII OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE...50 ARTICLE XIV INSURANCE...51 ARTICLE XV MISCELLANEOUS Governing Law Successors and Assigns Surety Bonds Severability Amendment & Waiver...52 RFP GICC GATEWAY CENTER ARENA Page 34

35 15.6 Notice Time is of the Essence Participation in Federal Work Authorization Program Conflicts of Interest. 53 RFP GICC GATEWAY CENTER ARENA Page 35

36 THE CONTRACT FOR CONSTRUCTION AND INCORPORATED GENERAL CONDITIONS This agreement is made by and between the City of College Park, Georgia (hereinafter referred to as the "Owner") and [CONTRACTOR NAME]. (Hereinafter referred to as the "Contractor") for construction of College Park - GICC - Gateway Center Arena (Hereinafter referred to as the "Project"). The owner and the contractor hereby agree as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract The contract between the Owner and the Contractor, of which this Agreement is a part, consists of the contract documents. It shall be effective on the date this Agreement is executed by the last party to execute it. 1.2 The Contract Documents The contract documents consist of this agreement, the specifications, the drawings, all change orders and field orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): Advertisement for competitive sealed proposals; instructions to offerors; bid proposal form; addenda number(s) [NUMBER(S)]; project manual, drawings and specifications; Federal CDBG Construction Documentation; bid Bond; payment bond; performance bond; notice of award; change order; certificate of substantial completion; notice to proceed. Documents not enumerated in this Paragraph 1.2 are not contract documents and do not form part of this contract. 1.3 Entire Agreement This contract, together with the Contractor's performance, payment, erosion control and maintenance bonds and Certificate of Insurance (Exhibit A) for the Project, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor. 1.4 No Privity with Others RFP GICC GATEWAY CENTER ARENA Page 36

37 1.4.1 Nothing contained in this contract shall create, or be interpreted to create privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.5 Intent and Interpretation The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation" The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings and the Product Data and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and RFP GICC GATEWAY CENTER ARENA Page 37