01920039_Final_Spec_Manual_07_23_2024.pdf

PROJECT MANUAL

SA&E PROJECT NUMBER: 01-920-039

BID PACKAGE: BP#1

ISSUED FOR CONSTRUCTION: July 22, 2024

UNDERGROUND STORAGE TANK REPLACEMENTS FOR:

CHATTANOOGA VALLEY

MIDDLE SCHOOL

847 ALLGOOD RD, FLINTSTONE, GA 30725

FACILITY CODE NUMBER: 746-0106

LAFAYETTE MIDDLE SCHOOL

419 ROADRUNNER BLVD, LAFAYETTE, GA 30728

FACILITY CODE NUMBER: 746-0180

WALKER COUNTY SCHOOLS

201 S. DUKES ST, LAFAYETTE, GA 30728

FUNDING: FY2023 / LOCAL

© COPYRIGHT 2024 BY SOUTHERN A&E, LLC. ALL RIGHTS RESERVED. THIS DOCUMENT IS THE PROPERTY OF SOUTHERN A&E, LLC AND

SHALL NOT BE COPIED OR REPRODUCED IN WHOLE OR PART WITHOUT EXPRESSED WRITTEN CONSENT FROM SOUTHERN A&E, LLC.

SOUTHERN A&E, LLC GRANTS PERMISSION TO COPY THE FOLLOWING DOCUMENTS AND SECTIONS FOUND IN THIS MANUAL:

1. 00 03 00 - ADVERTISEMENT/INVITATION FOR BIDS

2. 00 30 00 - BID FORMS

3. 01 29 01 - STATUTORY AFFIDAVIT

4. 01 29 02 - CONTRACTOR’S WARRANTIES

6. 01 77 00 - CLOSEOUT PROCEDURES

WARNING: Contractors, subcontractors, vendors and suppliers are advised that the Contract

Documents consist of Drawings, Specifications, Addenda, Post-Bid Addenda and Change Orders that have been printed, bound and numbered by the Architect. Any documents reproduced by parties other than the Architect, whether hard copy or electronic format, shall not be considered part of the Contract Documents and do not supersede the provisions of the Contract Documents.

Contractors, subcontractors, vendors and suppliers are solely responsible for verifying that information used for bidding, development of shop drawings and construction of the facility are identical to the Architect’s Contract Documents.

kenp C-Patrick-Signed C-Patrick-Signed kenp

FRANK - SIGNED

HOUSE BILL 1079 REQUIRES THAT NO GOVERNMENTAL ENTITY

SHALL ISSUE OR CAUSE TO BE ISSUED ANY ADDENDA MODIFYING

PLANS AND SPECIFICATIONS WITHIN A PERIOD OF 72 HOURS PRIOR

TO THE ADVERTISED TIME FOR THE OPENING OF BIDS, EXCLUDING

SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS. THEREFORE,

SOUTHERN A & E REQUESTS THAT ALL QUESTIONS REQUIRING

CLARIFICATION BY ADDENDUM BE SUBMITTED NO LESS THAN 96

HOURS PRIOR TO THE ADVERTISED TIME FOR THE OPENING OF BIDS.

SAE TABLE OF CONTENTS 00 00 30 - 1

Table of Contents

SECTION

NUMBER TITLE

00 00 30 Table of Contents

SERIES 0- BIDDING REQUIREMENTS AND CONTRACT FORMS

00 03 00 WCSS Advertisement for Bids 00 10 00 WCSS Instructions to Bidders 00 30 00 WCSS Bid Form 00 40 00 WCSS Immigration and Security Form 00 70 00 WCSS Standard Form of Fixed Price Contract Bid Bond Contractor WCSS Payment Bond Contractor WCSS Performance Bond Contractor

DIVISION 1- GENERAL REQUIREMENTS

01 10 00 Summary

01 22 00 Unit Prices

01 25 00 Substitution Procedures

01 26 00 Contract Modification Procedures

01 29 00 Payment Procedures

01 29 01 Attachment A: Statutory Affidavit

01 29 02 Attachment B: Warranty by General Contractor

01 31 00 Project Management and Coordination

01 32 00 Construction Progress Documentation

01 33 00 Submittal Procedures

01 40 00 Quality Requirements

01 50 00 Temporary Facilities and Controls

01 60 00 Product Requirements

01 73 00 Execution

01 77 00 Closeout Procedures

01 78 23 Operation and Maintenance Data

01 78 39 Project Record Documents

DIVISION 2- EXISTING CONDITIONS

02 41 16 Structure Demolition

DIVISION 3- CONCRETE

03 20 00 Concrete Reinforcing

03 30 00 Cast-In-Place Concrete

DIVISION 4- MASONRY

NOT USED

DIVISION 6- WOOD, PLASTICS, AND COMPOSITES

NOT USED

DIVISION 7- THERMAL AND MOISTURE PROTECTION

NOT USED

DIVISION 8- OPENINGS

NOT USED

DIVISION 9- FINISHES

09 91 13 Exterior Painting

09 91 14 Exterior Re-Painting

DIVISION 10- SPECIALTIES

NOT USED

DIVISION 11- EQUIPMENT

NOT USED

DIVISION 12- FURNISHINGS

NOT USED

DIVISION 13- SPECIAL CONSTRUCTION

NOTUSED

DIVISION 14- CONVEYING EQUIPMENT

SAE TABLE OF CONTENTS 00 00 30 - 2

NOT USED

DIVISION 21- FIRE SUPPRESSION

NOT USED

DIVISION 22- PLUMBING

22 90 01 Fueling Station

DIVISION 23- HVAC

NOT USED

DIVISION 26- ELECTRICAL

26 01 00 General Electrical Requirements

26 05 19 Low-Voltage Electrical Power Conductors and Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33 Raceways and Boxes for Electrical Systems

26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling

26 05 53 Identification for Electrical Systems

26 24 17 Existing Panelboard Modifications

26 51 00 Interior Lighting

DIVISION 27- COMMUNICATIONS

NOT USED

DIVISION 28- ELECTRONIC SAFETY & SECURITY

NOT USED

DIVISION 31- SITE CONSTRUCTION

31 10 00 Site Clearing

31 10 23 Erosion, Sedimentation, and Pollution Control < 1 ac

31 20 00 Earth Moving

DIVISION 32- EXTERIOR IMPROVEMENTS

32 12 16 Asphalt Paving

32 13 13 Concrete Paving

32 13 73 Concrete Paving Joint Sealants

32 17 23 Pavement Markings

32 31 13 Chain Link Fences and Gates

32 92 00 Turf and Grasses

NOTICE AND ADVERTISEMENT FOR BID

WALKER COUNTY SCHOOL SYSTEMS

STORAGE TANK REPLACEMENT FOR:

CHATTANOONGA VALLEY MIDDLE SCHOOL

847 ALLGOOD RD, FLINTSTONE, GA 30725

AND

LAFAYETTE MIDDLE SCHOOL

INVITATION TO BID

1.1 SOLICITATION

A. Sealed bids from Licensed Specialty Contractors will be received by Walker County School Systems in the Facilities & Operations Department at 298 Culberson Avenue, Lafayette, GA 30728 until 2:00

P.M. on Thursday, August 22, 2024, for construction of:

STORAGE TANK REPLACEMENT FOR:

CHATTANOONGA VALLEY MIDDLE SCHOOL

847 ALLGOOD RD, FLINTSTONE, GA 30725

AND

LAFAYETTE MIDDLE SCHOOL

B. A mandatory pre-bid meeting will be held on Thursday, August 08, 2024, at 11:00 A.M. at the Walker

County Board of Education, Facilities and Operations Department located at 298 Culberson Avenue, Lafayette, GA 30728. Any entity that fails to attend the mandatory pre bid meeting will not be permitted to submit a bid for the project and any bid submitted by a person or entity the did not attend the pre bid meeting will be returned unopened.

C. Bids will be publicly opened and read aloud. No extension of bid will be made. Interested parties are invited to attend.

1.2 BID DOCUMENTS

A. Bid documents may be examined at Southern A & E’s office at 7951 Troon Circle, Austell, Georgia 30168 or by calling 770-819-7777 to request a password and link to Southern A & E’s online plan service to view the documents. Upon further request, construction documents may be downloaded for printing or hardcopies may be ordered through the online plan service. Only complete sets will be provided for downloading or as hardcopies.

B. No deposits are required, and no refunds will be made.

C. Bid documents will not be sent to plan rooms.

1.3 CONDITIONS

A. No bid may be withdrawn for a period of sixty (60) days after bids are opened.

B. Bid bond in the amount of five percent of the base bid is required and must be submitted with the bid. A bid bond is the only acceptable form of bid security. No personal checks, cashier’s checks, certified checks or cash will be accepted in lieu of the bid bond.

C. Performance and payment bonds in the amount of one-hundred percent (100%) of the contract sum will be required prior to commencement of construction.

D. All bonds shall be written by a surety licensed to conduct business in Georgia, listed on the Federal

Register and acceptable to the Owner.

E. Bidder shall attach a Contractor Affidavit and Agreement demonstrating compliance with O.C.G.A. 13-10-

91, Georgia Security and Immigration Compliance Act. Bidder shall also comply with provisions of

O.C.G.A. 50-36-1, Verification of Lawful Presence Within United States through the use of the Systematic

Alien Verification for Entitlements (SAVE) program and shall provide verification of compliance with executed affidavits which are a part of the bid packet.

F. Owner reserves the right to waive technicalities and irregularities and to reject any or all bids. The bids will be evaluated and awarded to what is most advantageous for the Walker County Board of Education.

G. By submitting a bid, the Bidder agrees to sign the Owner’s STANDARD FORM OF FIXED PRICE

CONSTRUCTION CONTRACT, which is one of the bid documents.

1.4 SOLICITED BY:

Chris Wallace, Director of Facilities & Operations

Walker County Board of Education

Date advertised: 22 July 2024 on Georgia Procurement

23 July 2024 on Website

31 July 2024 and 14 August 2024 in the Walker County Messenger

Storage Tank Replacement for Chattanooga Valley & Lafayette Middle Schools 00100-1 Instruction to Bidders

SECTION 00100

INSTRUCTIONS TO BIDDERS

PART 1 - GENERAL

1.1 DEFINITIONS:

A. Bidding Documents: The Invitation to Bid, Instructions to Bidders, Bid Form, and Contract Documents as described in Article 1 of the Owner’s STANDARD FORM OF FIXED PRICE CONSTRUCTION CONTRACT (the “Contract”).

B. Addenda: Written or graphic documents issued by Architect prior to execution of the Contract which modify or clarify Bidding Documents.

Addenda will become part of the Contract Documents when the Contract is executed.

C. Bid: Complete and properly signed bid to perform the Work described by Bidding Documents for sum stipulated therein. In order to be complete, Bid shall be accompanied by additional data required to be submitted with Bid.

D. Base Bid: Sum stated in Bid Form for which Bidder proposes to complete the Work described, without consideration for Work proposed to be added or deleted by Alternates.

E. Alternates: Amount stated in Bid Form to be added to or deducted from Base Bid amount, brought about by a change in scope of the Work.

Alternates are described in Alternates Section of specifications.

F. Bidder: One who submits a Bid for prime contract with Owner for the Work described in the Bidding Documents.

G. Sub-bidder: One who submits a sub-bid for a portion of the Work to a Bidder.

H. Definitions established in the Contract.

1.2 BIDDING DOCUMENTS:

A. Bidding Documents may be examined at the sources indicated in the Invitation to Bid. Documents may be obtained by Bidders or Sub- Bidders from the source indicated in the Invitation to Bid upon deposit of the stipulated sum.

Storage Tank Replacement for Chattanooga Valley & Lafayette Middle Schools 00100-2

B. Deposits for one set of Bidding Documents, less mailing cost, if any, will be refunded to Bidders submitting a bona fide Bid upon return of Documents in good condition within ten (10) days after the date of receipt of Bids. Deposit of successful Bidder will not be returned. Cost of reproduction of Bidding Documents and mailing costs will not be returned to Bidders who do not submit a bona fide Bid.

C. Refunds for all other Bidding Documents to Sub-bidders and additional sets to Bidders will be made less actual costs of reproduction and mailing, upon return of Bidding Documents in good condition within the (10) days after date of receipt of Bids.

D. Bidding Documents are the property of the Owner and shall remain the property of the Owner. Bidding Documents are not to be used on other projects without expressed written consent of the Owner and, in the case of plans and specifications, the Architect. All Bidding Documents must be returned to the Architect's office within the period previously stated.

E. Costs of replacement of missing or damaged documents will be deducted from deposit refund.

F. Complete sets of Bidding Documents shall be used in preparing

Bids. Owner and Architect assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

G. Owner and Architect, in making copies of Bidding Documents available on above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for other use.

1.3 INTERPRETATIONS OF BIDDING DOCUMENTS:

A. Bidders shall promptly notify Architect of ambiguity, inconsistency, or error which they may discover upon examination of the Bidding Documents or of the site and local conditions.

B. Bidders requiring clarification or interpretation of Bidding

Documents shall make a written request to Architect, and be received by the Architect at least ten (10) days prior to date for receipt of Bids.

C. Interpretations, corrections, or changes to the Bidding Documents will be made by Addendum. Interpretations, corrections, or change of Bidding Documents made in any other manner will not be binding and Bidders shall not rely upon such interpretations, corrections, or changes.

Storage Tank Replacement for Chattanooga Valley & Lafayette Middle Schools 00100-3

1.4 PRIOR APPROVALS:

A. If it is desired to use products different from those indicated in the

Contract Documents, the party requesting the approval shall make written application as described herein. The burden of proving equality of proposed product rests on the party making the request for approval.

1. Requests for approval shall reach the Architect not less than ten (10) days prior to the date set for opening of Bids.

Requests received by Architect after this date will not be considered. Facsimiles requesting prior approvals will not be accepted at any time.

2. Requests for approval shall be accompanied by such technical data as the party making the request desires to submit.

Architect will consider reports from independent testing laboratories, verified experience records from previous users, and other printed or written information valid in the appropriate circumstances.

3. Requests for approval shall indicate in what respects proposed materials or products differ from those specified.

4. Requests for approval shall be accompanied by the manufacturer's printed recommendations describing the installation, use and care, as applicable, of proposed products.

5. Determination as to acceptability of proposed products will be made based only upon data submitted.

B. If a proposed product is approved by the Architect, an addendum will be issued to prospective bidders not less than seven (7) days prior to the date set for opening of bids. Unless requests are received and approved as described above, the successful bidder shall be responsible for furnishing materials and products in accord with the Contract Documents, except as provided in Products and Substitutions.

1.5 ADDENDA:

A. Addenda, when required, shall be issued to all recorded holders of

Bidding Documents.

B. Addenda will not be issued later than seven (7) days prior to date of receipt of Bids, except an addendum, if necessary, postponing the date of receipt of Bids or withdrawing request for Bids or to include information which, in the opinion of the Owner or the Architect, will help to insure fairness and equality in the bidding procedure.

C. Each Bidder shall ascertain, prior to submitting Bid or Sub-bid, that all issued Addenda have been received. Bidders shall acknowledge their receipt on Proposal Form.

Storage Tank Replacement for Chattanooga Valley & Lafayette Middle Schools 00100-4

1.6 BIDDING PROCEDURES:

A. Form:

1. Bids shall be submitted in duplicate on forms provided by the Owner.

2. All blanks on the Bid Form shall be filled in by typewriter or manually in ink.

3. Dollar amounts shall be expressed in both words and figures and, in case of discrepancy between the two, written amount shall govern.

4. Interlineation, alteration, or erasure shall be initialed by signer of Bid.

5. Bidders may bid any combination of the separate and combined bid amounts.

6. All requested Alternates shall be bid.

7. Each copy of Bid shall include legal name of Bidder and a statement whether Bidder is a sole proprietor, a partnership, a corporation or other legal entity, and shall be signed by the person or persons legally authorized to bind Bidder to a contract. A Bid by a corporation shall further give state of incorporation and have a corporate seal affixed. A Bid submitted by an agent shall have a current Power of Attorney attached certifying agent's authority to bind Bidder.

B. Bid Security:

1. Each Bid shall be accompanied by bid security in the

Owner’s required form and amount pledging that the Bidder will enter into a contract with the Owner on terms stated in its Bid and will furnish Performance and Payment Bonds as described hereinafter. Should the Bidder refuse to enter into such contract or fail to furnish bonds, if required, the amount of bid security shall be forfeited to the Owner not as a penalty, but as liquidated damages.

2. All bonds shall be written in on the form of the Owner, and Attorney-in-fact who executes bond on behalf of surety shall attach to bond a certified and current copy of its Power of Attorney.

No other form of bid security will be acceptable. Bonds will not be accepted by facsimile.

3. Owner will have the right to retain bid security of Bidders until either:

a. Contract has been executed and bonds, if required, have been furnished or

b. Specified time has elapsed so that Bids may be withdrawn, or

c. All Bids have been rejected.

Storage Tank Replacement for Chattanooga Valley & Lafayette Middle Schools 00100-5

C. Submission of Bids:

1. Copies of Bid, Bid Security, and other documents required to be submitted with Bid shall be enclosed in a sealed opaque envelope. Envelope shall be addressed to party receiving Bids and shall be identified with project name, Bidder's name and address. If Bid is sent by mail, sealed envelope shall be enclosed in separate mailing envelope with notation "BID ENCLOSED" and project name on face thereof.

2. Bids shall be deposited at designated location prior to time and date for receipt of Bids. Bids received after time and date for receipt of Bids will be returned unopened.

3. Bidder shall assume full responsibility for timely delivery at location designated for receipt of Bids.

4. Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration.

D. Modification or Withdrawal of Bid:

1. Except as provided in O.C.G.A. Sections 36-91-52 and 36-91-53, Bid may not be modified, withdrawn, or canceled by Bidder during stipulated time period following time and date designated for receipt of Bids and Bidder so agrees in submitting its Bid.

1.7 CONSIDERATION OF BIDS:

A. Opening of Bids: Properly identified Bids received on time will be publicly opened and read aloud. An abstract of amounts of Base Bids and Alternates will be made available to Bidders.

B. Rejection of Bids: Owner shall have the right to reject any and all

Bids and, in particular, to reject a late Bid, a Bid not accompanied by the required Bid Bond or other data required by the Bidding Documents, or a Bid in any way incomplete or irregular. No other form of Bid Security, including Certified Checks, cash, etc. will be accepted in lieu of a Bid Bond.

C. Acceptance of Bid:

1. Owner shall have the right to waive any technicalities and informalities.

2. It is the intent of Owner to award the Contract to lowest responsive and responsible Bidder provided Bid has been submitted in accord with the requirements of Bidding Documents, is judged to be reasonable, and does not exceed funds available.

3. The low responsive and responsible Bidder will be determined by considering the Base Bid plus or minus any alternates. Deductive alternates or additive alternates will be taken

Storage Tank Replacement for Chattanooga Valley & Lafayette Middle Schools 00100-6 in the respective order listed on the Bid Form unless one Bidder is low regardless of any combination of the alternates. Deductive alternates are for the purpose of ensuring the project can be contracted within the budget and additive alternates are for the purpose of considering possible enhancements to the project; as such, additive and deductive alternates will not be mixed in determining the low responsive and responsible Bidder.

END OF SECTION

01-920-039

Storage Tank Replacement for Chattanooga Valley and Lafayette Middle Schools 00300-1

SECTION 00300

BID FORM

Date: ____________________

Walker County School Systems 298 Culberson Avenue Lafayette, Georgia 30278

ATTN: _____________________

Gentlemen:

Having carefully examined the Bidding Documents entitled Storage Tank Replacement for Chattanooga Valley and Lafayette Middle Schools and dated July 22, 2024 and the premises and conditions affecting the work, the Undersigned proposes to furnish all services, labor, and material called for by them in accord with said documents, for the following sum:

______________________________________ Dollars ($______________________), which sum is hereinafter called the "Base Bid".

The Undersigned agrees to commence actual Work on the site with an adequate force and equipment upon, but not before, receipt of Notice to Proceed and to achieve substantial completion of the Work under the Base Bid within __________ days thereafter.

In submitting this bid I further agree to the following unit prices for the work indicated:

1. To excavate alluvial deposits, waste off-site and replace with suitable compacted fill obtained off-site for the unit price of ($________) per cubic yard.

2. To excavate mass rock, waste off-site and replace with suitable compacted fill obtained off-site for the unit price of ($________) per cubic yard.

3. To excavate trench rock, waste off-site and replace with suitable compacted fill obtained off-site for the unit price of ($________) per cubic yard.

4. To provide and install additional Type C silt fence for the unit price of ($________) per linear foot.

5. To provide and install additional straw mulching as specified for the unit price of

($________) per square foot.

Storage Tank Replacement for Chattanooga Valley and Lafayette Middle Schools 00300-2

6. To provide and install permanent grassing as specified for the unit price of

($________) per square foot.

7. To provide and install additional Tifway 419 Bermuda sod as specified for the unit price of ($________) per square foot.

8. To provide and install additional staked hay bale check dam as specified for the unit price of ($________) per units installed.

9. Provide and install additional Sd2-F inlet sediment trap as specified for the unit price of ($___________) per unit

10. To pump fuel from existing tank and legally dispose of offsite for the unit price of

($________) per U.S. gallon.

11. To remove contaminated soil and legally dispose offsite for the unit price of ($_______) per cubic yard.

12. To remove sludge and dispose offsite for the unit price of ($________) per 55 gal. barrel.

13. To provide and install additional concrete paving for the unit price of ($_______) per square foot.

14. To provide and install additional chain link fence as detailed on the drawings for the unit price of ($________) per linear foot.

If the Undersigned is notified in writing by mail, telegraph, or delivery of the acceptance of this bid within sixty (60) days after the time set for the opening of bids, the Undersigned agrees to sign the Owner’s STANDARD FORM OF FIXED PRICE CONSTRUCTION CONTRACT (the “Contract”), which is one of the Bidding Documents within ten days of such notification and at the same time to furnish and deliver to the Owner a Performance Bond and Payment Bond, in the form provided by the Owner, both in an amount equal to 100% of the Contract Price, and to perform the Work for the above stated compensation. The Surety on such Performance Bond and Payment Bond shall be (a) authorized to conduct business in the State of Georgia, (b) rated “A- IX” or better by A.M. Best Company, and (c) listed by the United States Department of the Treasury in its Listing of Approved Sureties (Department Circular 570) with an underwriting limitation equal to or greater than the Contract Price.

Attached hereto is a Bid Bond executed in accord with the Instructions to Bidders in the amount being not less than 5% of the Base Bid, made payable to the Owner, as oblige.

The undersigned agrees that in case of failure on its part to execute the Contract and required Performance Bond and Payment Bond within ten days after being given written notice of the award of Contract, the Bid Bond accompanying this Bid is callable, Storage Tank Replacement for Chattanooga Valley and Lafayette Middle Schools 00300-3 otherwise, said Bid Bond shall be returned to the Undersigned upon completion of such obligations.

Addendum No. _______ is acknowledged to be the last addendum received in numerical sequence.

Respectfully submitted, BY:

Title:

COMPANY:

(CORPORATE SEAL)

ADDRESS:

WITNESS:

END OF SECTION

01-920-039

Storage Tank Replacement for Chattanooga Valley and Lafayette Middle Schools 00300-4

IMMIGRATION AND SECURITY FORM

Contractors and Individuals Performing Services for

Walker County Board of Education

Any contractor who contracts with Walker County Board of Education for the performance of services in which the fee for services or labor exceeds $2,499.99 must comply with the Federal work authorization program by signing and submitting an E-Verify Contractor Affidavit to Walker County Board of

Education unless:

1. the contractor has no employees and no intent to hire employees in which case the contractor must present an approved state-issued identification card or driver’s license. The driver’s license or identification card is acceptable only if it is issued by a state that verifies lawful immigration status prior to issuance; or

2. the contract is with an individual licensed under Title 26, Title 43 or the State Bar of Georgia who is in good standing and is performing the service. Subcontractors are held to the same requirement. A copy of the Georgia License issued under Title 26, Title 43 or the State Bar of

Georgia must be submitted with this form.

In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), Pub.L. 99-

603 and the Georgia Security and Immigration Compliance Act O.C.G.A. § 13-10-90 et. seq., Contractor must certify compliance by initialing one of the sections below:

_____The Contractor has employees and has attached completed Contractor Affidavit (Form A).

Subcontractor Affidavit (Form B) and Sub-subcontractor Affidavit (Form C) are also attached if applicable. W-9 Request for Taxpayer Identification Number is also attached.

_____The Contractor has no employees and has attached a copy of a valid driver’s license or other approved state-issued identification card. W-9 Request for Taxpayer Identification Number is also attached.

_____The Contractor is an individual licensed under Title 26, Title 43 or the State Bar of Georgia who is in good standing and is performing the service. Copy of Georgia license is attached. W-9 Request for

Taxpayer Identification Number is also attached.

Signature Title

By signing above, you are certifying that the representations made herein are true and correct.

Firm Name:___________________________________________________________________________

Street/Mailing Address: _________________________________________________________________

City, State, Zip Code: _________________________________________________________________

Telephone Number: _________________________________________________________________

Email Address: _________________________________________________________________

Sworn to and subscribed before me

This ____ day of _________________, 20____.

Notary Public

Walker County BOE Fixed Price Construction Contract (12.2009)

STANDARD FORM OF

FIXED PRICE CONSTRUCTION CONTRACT

BETWEEN

THE WALKER COUNTY BOARD OF EDUCATION

AND

[Contractor]

PROJECT: ______________________________

Address: ______________________________

ARCHITECT: ______________________________

Architect’s Address: ______________________________

Walker County BOE Fixed Price Construction Contract (12.2009) i

T A B L E O F C O N T E N T S

ARTICLE 1 DOCUMENTS INCORPORATED BY REFERENCE

ARTICLE 2 REPRESENTATIONS OF THE CONTRACTOR

2.1 Generally

2.2 Qualification Information

ARTICLE 3 CONTRACT CONSTRUCTION

3.1 Intent and Interpretation

3.2 Ownership

ARTICLE 4 CONTRACTOR'S PERFORMANCE

4.1 Generally

ARTICLE 5 TIME FOR CONTRACTOR'S PERFORMANCE

5.1 Time for Performance

5.2 Liquidated Damages for Delay

5.3 Substantial Completion

5.4 Time is of the Essence

ARTICLE 6 FIXED PRICE AND CONTRACT PAYMENTS

6.1 Contract Price

6.2 Schedule of Values

6.3 Payment Procedures

6.4 Payments by Contractor

6.5 No Acceptance of Work

6.6 Refusal to Make Payment

6.7 Untimely Payments

6.8 Inspection and Payment at Substantial Completion

6.9 Final Completion

6.10 Final Inspection; Final Approval for Payment

6.11 Time for Final Completion; Liquidated Damages for Delay in Final Completion

6.12 Conditions Precedent to Final Payment

6.13 Final Payment

ARTICLE 7 INFORMATION AND MATERIAL SUPPLIED BY THE OWNER

7.1 Generally

7.2 Easements

7.3 Contract Copies

ARTICLE 8 CEASE AND DESIST ORDER

ARTICLE 9 DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR

9.1 Generally

9.2 Warranty

9.3 Schedule for Completing Work

9.4 Storm Water Discharge Permits ……………………………………………………….. 12

ARTICLE 10 INDEMNITY

ARTICLE 11 THE PROJECT ARCHITECT

11.1 Architect

ARTICLE 12 CLAIMS BY THE CONTRACTOR

12.1 Generally

12.2 Delays Generally

12.3 Mediation

Walker County BOE Fixed Price Construction Contract (12.2009) ii

ARTICLE 13 SUBCONTRACTORS

ARTICLE 14 CHANGE ORDERS

14.1 Generally

ARTICLE 15 DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK

15.1 Work in Violation of Contract

15.2 Work in Conformity with Contract

15.3 Defective or Nonconforming Work

15.4 Duty to Correct Defective or Nonconforming Work

15.5 Owner’s Option

ARTICLE 16 TERMINATION BY THE CONTRACTOR

ARTICLE 17 OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE

17.1 Suspension

17.2 Compensation

ARTICLE 18 TERMINATION BY THE OWNER

18.1 Termination for Convenience

18.2 Termination for Cause

18.3 Termination Not Subject to Article 12

ARTICLE 19 INSURANCE

ARTICLE 20 SURETY BONDS

ARTICLE 21 PROJECT RECORDS

ARTICLE 22 APPLICABLE LAW

ARTICLE 23 SUCCESSORS AND ASSIGNS

EXHIBIT A LIST OF PLANS AND SPECIFICATIONS FOR THE PROJECT

EXHIBIT B LIQUIDATED DAMAGES

EXHIBIT C MINIMUM REQUIREMENTS FOR CONTRACTOR’S SCHEDULE OF

CONSTRUCTION

EXHIBIT D REQUIRED INSURANCE

EXHIBIT D - 1 ENDORSEMENT TO BUILDER’S RISK

EXHIBIT E IMMIGRATION AND SECURITY FORM

Walker County BOE Fixed Price Construction Contract (12.2009) 1

This FIXED PRICE CONSTRUCTION CONTRACT (the "Contract") is made and entered into by and between THE WALKER COUNTY BOARD OF EDUCATION (the “Owner”) and (the "Contractor"). This Contract is executed under seal, and shall be effective on the date executed by the last party to execute it.

This Contract is for the construction of a project identified as _____________________________ ___________________________________________________________ (the "Project").

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1

DOCUMENTS INCORPORATED BY REFERENCE

This Contract includes this instrument, all exhibits hereto, the plans and specifications for the Project identified thereon as such, the Contractor’s Bid or Proposal (as applicable), Supplemental Conditions, if any, Special Conditions, if any, and all Addenda issued prior to execution of the Contract, if any, plus the following (if any):

all of which are hereby incorporated herein by reference and made a part hereof. Attached hereto as Exhibit “A” is a list of the plans and specifications for the Project. Change Orders issued hereafter, and any other amendments executed by the Owner and the Contractor, shall become and be a part of this Contract. Documents not included or expressly contemplated in this Article 1 do not, and shall not, form any part of this Contract. The Contract, of which this instrument is a part, may sometimes be referred to as the “Contract Documents.”

ARTICLE 2

REPRESENTATIONS OF THE CONTRACTOR

2.1 Generally. In order to induce the Owner to execute this Contract and recognizing that the Owner is relying thereon, and without limiting or restricting any other representation or warranty set forth elsewhere or implied by law, the Contractor, by executing this Contract, makes the following express representations and warranties to the Owner:

2.1.1 The Contractor is fully qualified to act as the contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor for, and to construct, the Project.

2.1.2 The Contractor has visited, inspected and become familiar with the Project site and the local conditions under which the Project is to be constructed and operated.

2.1.3 The Contractor has received, reviewed and carefully examined all of the documents which make up this Contract, including, but not limited to, the plans and specifications, and believes them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for construction.

2.2 Qualification Information. The Contractor represents, warrants and affirms that only truthful, complete and correct information has been provided to the Owner with the Contractor’s Bid or Proposal (as applicable), and in any other communication from the Contractor regarding the Contractor’s

Walker County BOE Fixed Price Construction Contract (12.2009) 2 qualifications or responsibility to perform the obligations of the Contractor under this Contract (all such information being referred to herein as “Qualification Information”). The Contractor further represents, warrants and affirms that in the event that any Qualification Information changed in any material way after it was communicated from the Contractor and before this Contract is signed by all parties, the Contractor has immediately notified the Owner, in writing, of such change or changes and Contractor agrees that Owner may take such action thereon as Owner deems appropriate. The Contractor acknowledges and agrees that the Owner has relied, and will continue to rely, on the truthfulness, completeness and correctness of the Qualification Information. The Contractor acknowledges and agrees that all Qualification Information is material and important to the Owner’s evaluation of the Contractor’s qualifications and responsibility to undertake the Contractor’s obligations under this Contract. Contractor acknowledges and agrees that if the Contractor knowingly provided any false, incorrect, misleading or incomplete information to the Owner in any Qualification Information, or failed to advise the Owner in writing of any material change in such information as set forth in this Paragraph, this Contract shall be deemed to be materially breached by Contractor and subject to immediate termination for cause or rescission for cause by the Owner, at the sole option of the Owner. The Owner also shall have and retain any and all other rights and remedies provided by law, in contract or otherwise.

ARTICLE 3

CONTRACT CONSTRUCTION

3.1 Intent and Interpretation. With respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as follows:

3.1.1 This Contract, together with the Contractor's and Surety's performance and payment bonds for the Project, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents, but only to the extent that it is inconsistent therewith.

3.1.2 Anything that may be required, implied or inferred by the documents which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price.

3.1.3 Nothing contained in this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person or entity except the Contractor.

3.1.4 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.

3.1.5 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up this Contract, shop drawings, and other submittals.

Each of the documents is complementary and shall be interpreted so that what is called for by one shall be as binding as if called for by all. Should the Contractor observe any conflicts, ambiguity, errors or omissions within the documents, he shall, by written notice, bring them to the Owner’s and Architect’s attention for decision and revision as soon as possible after originally observed and before proceeding with the affected Work. In the event of duplication or conflicts between the documents after the Contract has been executed, the most expensive method of work, materials and equipment shall be construed as the requirement, with a credit for all costs saved accruing to the Owner in the event the least expensive method of work is directed. The express or implied approval by the Owner or the Architect of any shop drawings or other submittals 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 plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction.

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However, the Owner makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contractor again hereby acknowledges and represents that it has received, reviewed and carefully examined such documents, believes them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations or warranties by the Owner concerning such documents, as no such representations or warranties have been or are hereby made.

3.1.6 Plans are not intended to be scaled or to act as shop drawings.

3.1.7 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, interpretation will be based on the following priority:

3.1.7.1 First, Addenda (if any), with those of later date having precedence over those of earlier date;

3.1.7.2 second, this Contract;

3.1.7.3 third, Supplemental or Special Conditions (if any);

3.1.7.4 fourth, the Specifications; and,

3.1.7.5 fifth, the Plans, with the following priority:

(a) As between figures given on plans and scaled measurements, the figures shall govern;

(b) As between large scale plans and small scale plans, the large scale plans shall govern.

3.1.8 Whenever an item is specified or shown on the plans by detail or reference, it shall be considered typical for other items which are obviously intended to be the same even though not so designated or specifically named but do serve the same function in the building.

3.1.9 Any material specified by reference to the number, symbol, or title of a specific standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date indicated on the specifications, except as limited, or modified in such references. The standards referred to, except as modified in the Contract, shall have full force and effect as though printed in the Contract. The Contractor shall make itself aware of the contents of such standards and shall furnish the field office with one (1) full set of each.

3.1.10 If Owner elects to accept any items proposed by the Contractor as a substitution, the Contractor shall assume full responsibility for the proper performance of any substitution to the criteria set forth in the Contract and assume the costs of any changes in the Work which may be due to such substitution.

3.1.11 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.

3.1.12 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation".

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3.1.13 Wherever the terms “necessary”, “suitable”, “as directed”, “when directed”, “satisfactory”, “good and sufficient”, “approved”, or other general qualifying terms are used on the plans, they are deemed to be followed by the words “in the opinion of the Architect”, or “by the Architect”, as the case may be.

3.1.14 Unless otherwise stated, the terms “approval”, “approved”, “approved equal”, “or equal”, or “other approved”, are deemed to be followed by the words “in the opinion of the Architect”, or “by the Architect”, as the case may be.

3.1.15 If the Owner’s design professional for the Project is an engineer rather than an architect, then the term “Architect” as used throughout this Contract shall mean “Engineer”.

3.1.16 Unless otherwise stated, the term “day” means “calendar day” and the term “days” means “calendar days”.

3.1.17 “Work” means any and all labor, supervision, work, supplies, fixtures, appliances, furnishings, vehicles, equipment, services, facilities, tools, materials, computers, transportation, storage, power, fuel, heat, light, cooling, utilities, insurance, bonds, items, documents and things required by the Contract Documents to be performed, obtained, furnished, provided, or supplied by Contractor, including without limitation all construction, testing, and permitting required to render the Project, and every component thereof, operational and usable for its intended purposes.

3.2 Ownership. The documents which make up this Contract, and each of them, as well as any other documents furnished by the Owner, shall remain the property of the Owner. The Contractor shall have the right to keep one (1) copy of the Contract upon completion of the Project; provided, however, that in no event shall the Contractor use, or permit to be used, any portion or all of such Contract on other projects without the Owner's prior written authorization.

ARTICLE 4

CONTRACTOR'S PERFORMANCE

4.1 Generally. The Contractor shall perform all of the Work required, implied or reasonably inferable from this Contract including, but not limited to, the following:

4.1.1 Construction of the Project;

4.1.2 The furnishing of required surety bonds and insurance;

4.1.3 The provision, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits, licenses, fees and governmental inspections required for the construction of the Project; and,

4.1.4 The creation and submission to the Owner of detailed and comprehensive as-built drawings depicting all as-built construction. Said as-built drawings shall be submitted to the Owner upon Final Completion of the Project and receipt of same by the Owner shall be a condition precedent to final payment to the Contractor.

ARTICLE 5

TIME FOR CONTRACTOR'S PERFORMANCE

5.1 Time for Performance. The Contractor shall commence the performance of this Contract on the day the Contractor receives a written Notice to Proceed from the Architect or Owner, or such later date as may be set forth therein, and shall diligently continue its performance to and until Final

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Completion of the Project. The Contractor shall accomplish Substantial Completion of the Project on or before ________________________________________________________. The time for achieving Substantial Completion may sometimes be referred to in the Contract Documents as the “Contract Time”.

5.2 Liquidated Damages for Delay. The Contractor shall pay the Owner for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion the sum indicated at Exhibit “B” attached hereto and by reference made a part hereof. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner.

When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

5.3 Substantial Completion. The term "Substantial Completion", as used herein, shall mean that point at which, as certified in writing by the Architect, the Project is at a level of completion in strict compliance with this Contract such that the Owner can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

5.4 Time Is Of The Essence. All limitations of time set forth herein are material and are of the essence of this Contract.

ARTICLE 6

FIXED PRICE AND CONTRACT PAYMENTS

6.1 Contract Price. The Owner shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of ______________________________________________________________________________ Dollars ($______________________). The price set forth in this Paragraph 6.1 shall constitute the Contract Price, which shall not be modified except by Change Order as provided in this Contract. The Contract Price includes the following Alternate(s), if any:

6.2 Schedule of Values. Within ten (10) calendar days of the effective date hereof, the

Contractor shall prepare and present to the Owner and the Architect the Contractor's Schedule of Values apportioning the Contract Price among the different elements of the Project for purposes of periodic and final payment. The Contractor's Schedule of Values shall be presented in whatever format, with such detail, and backed up with whatever supporting information the Architect or the Owner requests. The Contractor shall not front-end load its Schedule of Values by imbalancing it or by increasing any element thereof in excess of the actual cost, and any violation of this provision by the Contractor shall constitute a material breach of this Contract. The Contractor's Schedule of Values will be utilized for the Contractor's Payment Requests but shall only be so utilized after it has been acknowledged in writing by the Architect and the Owner.

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6.3 Payment Procedures. The Owner shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Article 6. On or before the 5th day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a Payment Request for the period ending the last day of the previous month. Said Payment Request shall be in such format and include whatever supporting information as may be required by the Architect, the Owner, or both. Therein, the Contractor may request payment for ninety percent (90%) of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the Owner), less the total amount of previous payments received from the Owner. Any payment on account of stored materials or equipment will be subject to the Contractor providing written proof that the Owner has title to such materials or equipment and that they are fully insured against loss or damage. Moreover, any sums approved for stored materials shall be at actual cost and shall not include markup by subcontractor or Contractor. Actual cost means costs charged by the manufacturer or the distributor for the manufacturer and the Payment Request shall include copies of invoices from the manufacturer or the distributor.

When fifty percent (50%) of the Contract Price, as it may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the Architect, the Owner shall withhold no more retainage. If, after discontinuing the retention, the Architect determines that the Work is unsatisfactory or has fallen behind schedule, retention shall be resumed at the previous level.

Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Each Payment Request shall be accompanied by 8" x 10" photographs of good quality depicting the then-current status of the Project and including such views, including without limitation aerial views, as the Architect or the Owner may reasonably require.

Thereafter, the Architect shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Payment Request and is as required by this Contract.