2023_51 BID DOC_ReBid_Unofficial.pdf

515 N. Main Street | Hinesville, GA 31313

PO Box 649 | Hinesville, GA 31310

912.368.5212 www.mesack.com

ME Sack Engineering

@mesackengineering mesack

BID DOCUMENTS

ANNE STREET CANAL IMPROVEMENTS

FOR

CITY OF PEMBROKE

July 14, 2025

MES No. 2023-51

Admin Stamp

M.E. Sack Engineering City of Pembroke 2023-51 Anne Street Canal Improvements

TOC

TABLE OF CONTENTS

SECTION I Invitation for Bids SECTION II Instructions to Bidders

A. Submission of Proposals B. Interpretations C. Basis of Contract Award D. Forms and Bonds E. Inspecting and Testing of Materials F. Construction Schedule G. Insurance H. Construction Staking I. Utility Contractor Licensing Law

SECTION III Bid Submission Forms A. Bidder Declaration, Part 1 B. Bid Form C. Bidder Declaration, Part 2 D. Bonding Agent and Underwriter E. Addendum Acknowledgement F. Bidder Qualification Form G. Bidder Experience and References H. Site Visit Certification I. Utility Certification J. Lawful Presence Affidavit K. Contractor Affidavit L. Subcontractor Affidavit

SECTION IV Sample Contract A. Payment and Performance Bond

SECTION V Other Conditions of Contract by Attachment ............................................. V A. Supplemental Conditions ............................................................ V-A B. General Conditions ..................................................................... V-B C. Technical Specifications .............................................................. V-C

SECTION 01001 General Requirements SECTION 01150 Measurement and Payment SECTION 02100 Clearing and Grubbing SECTION 02210 Site Grading SECTION 02415 Site Demolition SECTION 02540 Erosion Control SECTION 02601 Non-Woven Engineering Fabric SECTION 02711 Chain Link Fence SECTION 02821 Grassing SECTION 03300 Concrete, General SECTION 16003 ArmorFlex Articulating Concrete Block System

M.E. Sack Engineering City of Pembroke

SECTION I: INVITATION FOR BIDS

Sealed proposals will be received by the City of Pembroke located at 353 N. Main Street, Pembroke, Georgia on August 26, 2025 until 10:00 a.m. local time for the Anne Street Canal Improvements.

The work to be performed consists of furnishing all labor and materials to complete the Anne

Street Canal Improvements. More specifically, the project will consist of clearing, grubbing, grading, demolition, fence installation, drainage, and erosion control.

Plans, Specifications, and Contract documents are open to public inspection at the Georgia

Procurement Registry, ConstructConnect, Dodge Construction Network, and www.mesack.com.

Copies of the Plans, Specifications, and Contract Documents may be obtained by contacting M.E. Sack

Engineering, bidding@mesack.com, 515 North Main Street, P.O. Box 649, Hinesville, Georgia 31310,

(912) 368-5212, and by depositing a non-refundable one hundred dollars ($100) for each set of plans requested.

A mandatory pre-bid meeting will be held at Pembroke City Hall, 353 N. Main Street, Pembroke, Georgia at 10:00 am on August 12, 2025.

Each Contractor must prequalify for bid by submitting a completed "Statement of Bidder

Qualifications" form supplied by the Engineer. Bids will be accepted from prequalified bidders only.

Bids must be accompanied by a certified check or bid bond in an amount equal to at least five percent (5%) of total amount bid for the completed work.

No bids may be withdrawn for a period of sixty (60) days after the closing time schedule for receipt of bids.

The Owner reserves the right to accept or reject any or all bids and to waive informalities. Award of the contract, if it is awarded, will be to the lowest responsible bidder.

NOTE: Plans and Specifications must be obtained no later than five (5) working days before the bid date. No exceptions.

M.E. Sack Engineering City of Pembroke

SECTION II: INSTRUCTIONS TO BIDDERS

A. SUBMISSION OF PROPOSALS:

1. A mandatory pre-bid meeting will be held at Pembroke City Hall, 353 N. Main Street, Pembroke, Georgia at 10:00 a.m. on August 12, 2025.

2. Sealed proposals will be received by the City of Pembroke at 353 N. Main Street, Pembroke, Georgia 31321 until 10:00 a.m. local time, on August 26, 2025 for all labor and materials required to fully complete the work identified in the plans and specifications for the Anne Street Canal Improvements.

3. At the time and place noted above, the proposals will be publicly opened and read aloud.

4. The proposal (including Statement of Bidder's Qualifications) shall be submitted in duplicate on an exact copy of the proposal form bound herein. Both copies of the Proposal

Form must be signed. All blank spaces on the forms shall be filled in and all information called for shall be provided. The terms "NO BID" may be used to fill in a blank space on the Proposal Form. All signatures shall be in ink and in longhand, and the completed forms shall be without alterations or corrections; any interlineations must be initialed by the Bidder.

5. Failure to submit a proposal in the form requested or the inclusion of any alternates, conditions, limitations, or provisions not called for, will render the bid irregular, and shall be considered sufficient cause for rejection of the bid.

6. Proposal shall be in opaque, sealed envelope and marked "Anne St. Canal" and shall bear the name of the Bidder. Proposal is to reach the above address no later than the hour and date named above, or authorized extension thereof. No proposal will be received after that time.

7. Proposals, together with the full bid bond, may be withdrawn by Bidders prior to the time set for official opening. After time has been called, no proposal may be withdrawn for a period of sixty (60) days after the time and date of the opening.

B. INTERPRETATIONS:

1. Neither Owner nor Engineer will be responsible for any oral instructions or interpretations of the Drawings and Specifications.

M.E. Sack Engineering City of Pembroke

2. Requests for interpretations of Drawings and Specifications must be made in writing to the Engineer no later than seven (7) days prior to date set for receipt of bids, and failure on the part of the successful bidder to do so shall not relieve him as Contractor of the obligation to execute such work in accordance with a later interpretation by the Engineer.

3. All interpretations made to bidders will be issued in the form of an addendum to the Plans and Specifications will be sent to all bidders. The requirements of such an addendum are to be included in the bids, and in closing the contract, the addenda will become a part thereof.

C. BASIS OF CONTRACT AWARD:

1. The competency and responsibility of a bidder will be considered in making the award.

Owner does not obligate himself to accept the lowest bid or any other bid.

2. The Owner reserves the right to reject any or all proposals and to waive any technicalities.

D. FORMS AND BONDS:

1. The Bidder's attention is directed to the Proposal Form and the Performance and Labor and Materials Payment Bond section.

2. The bond shall be accompanied with the agents and underwriters name, address, and telephone number.

E. INSPECTING AND TESTING OF MATERIALS:

1. Whenever, in these Contract Documents, inspecting, testing, or certification of material(s) is called for, the selection of bureaus, laboratories and/or agencies for such inspecting and testing shall be made by an Independent Testing Laboratory and the character of the test shall be stipulated by the Engineer. Documentary evidence satisfactory to the

Engineer that the materials have passed the required inspection and test must be furnished in quadruplicate to the Engineer by the bureau, agency, or laboratory selected.

Materials satisfactorily meeting the requirements of the inspection or tests shall be approved by the Engineer and the Contractor notified of the results. The cost of such inspecting and testing shall be paid for by the Contractor.

F. CONSTRUCTION SCHEDULE:

1. The Contractor will be required to submit a construction schedule in writing identifying milestones and completion dates at the preconstruction conference. He shall also be

M.E. Sack Engineering City of Pembroke required to submit a resume’ of the proposed job superintendent for approval by the

Engineer.

G. INSURANCE:

1. The Contractor's attention is directed to Article 5 of the Supplemental General Conditions, "Bonds & Insurance." He should review these requirements and be prepared to submit insurance certificates providing the coverage identified. On the insurance certificates, the

"Certificate Holder" should be listed as both the Owner and M.E. Sack Engineering.

H. CONSTRUCTION STAKING:

1. The Owner will provide horizontal and vertical control. The Contractor will be responsible for construction staking.

I. UTILITY CONTRACTOR LICENSING LAW:

1. Effective December 31, 1993, a new law took effect which has an indirect effect on engineers. As of that date all utility contractors must be licensed; a utility contractor is anyone who digs five (5) feet or deeper on a public or private project and where the cost of work exceeds $100,000.

2. Effective July 1, 2004, the law was modified where the cost of work has no dollar amount therefore anyone who digs five (5) feet or deeper on a public or private project must have a utility license.

3. “It shall be unlawful for any person to contract with any other person for the performance of utility contracting work who is known by such person to not have a current, valid license as a utility contractor pursuant to this chapter.” (O.C.G.A. 43-14-8.2(h)) Bids or proposals for utility contracting work will NOT be opened or considered unless the Utility Contractor

License number is written on the face of the bid or proposal.

M.E. Sack Engineering City of Pembroke

SECTION III: BID SUBMISSION FORMS

A. BIDDER DECLARATION, PART 1

City of Pembroke

353 N. Main Street

Pembroke, Georgia 31321

Submitted: ______________ , _______

The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal as principal or principals is or are named herein and that no other person that herein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a bid or Proposal; and that it is in full respect fair and in good faith without collusion or fraud.

The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the

Plans and Specifications for the work and Contractual Documents relative thereto, and has read all

Special Provisions and General Conditions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed.

The Bidder proposes and agrees, if the Proposal is accepted, to contract with the City of Pembroke in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the work, in full and in complete accordance with the shown, noted, described, and reasonably intended requirements of the Specifications and Contract Documents, to the full and entire satisfaction of the

City of Pembroke with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents, for prices on the following pages.

M.E. Sack Engineering City of Pembroke

B. BID FORM

Bid Item Quantity Units Description Unit Price Cost

1 1 LS Clearing & Grubbing - $

2 1 LS Grading Complete - $

3 1 LS Demolition - $

4 194 LF 4' Chain Link Fencing $ $

5 96 LF 6' Wooden Fencing $ $

6 1 LS Erosion Control and Grassing - $

7 10,222 SF

Armorflex Articulating Concrete Block System

8 208 SY Rip Rap Stabilization Lining $ $

9 1 LS Mobilization (5% Max) - $

TOTAL BID $

M.E. Sack Engineering City of Pembroke

C. BIDDER DECLARATION, PART 2

The Bidder further proposes and agrees hereby to commence work under his Contract, with adequate force and equipment, on a date to be specified in written order of the ENGINEER and shall fully complete all work hereunder within sixty (60) consecutive days from and including said date.

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

The undersigned further agrees that, in case of failure on his part to execute the Construction Contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the Contract, the check or bond accompanying this bid, and the monies payable thereon, shall be paid into the funds of the City of Pembroke as liquidated damages for such failure, otherwise the check or bid bond accompanying this proposal shall be returned to the undersigned.

Attached hereto is a certified check on the Bank of ___________________________ or a Bid Bond by the _______________________ in the amount of ________________________________ Dollars ($ ) made payable to the City of Pembroke, in accordance with the conditions of the advertisement and provisions herein.

Submitted:

By:

Title:

M.E. Sack Engineering City of Pembroke

D. BONDING AGENT AND UNDERWRITER

Bidder’s Address:

City, State, Zip Code:

Telephone Number:

Bonding Agent:

Physical Address:

Underwriter Name:

Physical Address:

FAILURE TO COMPLETE THIS SECTION IS GROUNDS FOR REJECTION

E. ADDENDUM ACKNOWLEDGEMENT

Bidder Acknowledges Receipt of the Following Addendum:

No.: Date:

M.E. Sack Engineering City of Pembroke

F. BIDDER QUALIFICATION FORM*

*The statements below must be subscribed and sworn to before a Notary Pubic

Bidder’s legal name:

Business Address:

Business Phone Number:

Form of Ownership (Corporation, Partnership, Individual Proprietorship, Other (Specify)):

Organization Date:

Incorporation Date:

In case of Partnership or other association, legal name of each partner:

Years in business in present form:

If requested by the Owner, will you furnish to them your most recent Financial Statement within 48 hours after bid taking?

If yes, give date of statement:

Credit available for this contract: $

Contracts now in hand (gross amount): $

Have you ever refused to sign a contract at your original bid? If yes, explain.

Do you have a Georgia Utility Contractor’s License?

If yes, provide number:

Have you ever defaulted on a contract?

If yes, explain.

Sworn to and subscribed before me, this Firm Name:

_____ day of ______________, 20____

By:

(Notary Public) Its:

M.E. Sack Engineering City of Pembroke

G. BIDDER EXPERIENCE AND REFERENCES

Provide references for work done, minimum of six (6), three (3) within the last twelve (12) months of similar size and nature, and a listing of all jobs performed in the last twelve (12) months. References will afford the Owner opportunity to judge as to capabilities and performance of the contractor.

Provide name, brief description of work performed, address, phone number, and contact person for each project listed. Failure to complete this section in its entirety will be grounds for rejection.

M.E. Sack Engineering City of Pembroke

H. SITE VISIT CERTIFICATION

This document is to be executed by the Bidder and submitted with the bid for the construction of the

Anne Street Canal Improvements (Project #2023-51) for the City of Pembroke in order to be considered for award.

Check the option that applies:

_____ I certify that I visited the Site of the proposed Work on (date of visit) and became fully acquainted with the conditions relating to construction and labor. I fully understand the facilities, difficulties, and restrictions attending the execution of Work under contract.

_____ I certify that (Bidder’s representative) visited the Site of the proposed Work on (date of visit) and became fully acquainted with the conditions relating to construction and labor. The Bidder’s representative fully understood the facilities, difficulties, and restrictions attending the execution of the Work under contract.

Bidder fully indemnifies the City of Pembroke, its Engineer, its Construction Manager, and all of their respective officers, agents, employees, and consultants from any damage or omissions related to conditions that could have been identified during my visit and/or the Bidder’s representative’s visit to the Site.

I certify under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct.

Company Name

By

Title

Date

M.E. Sack Engineering City of Pembroke

I. UTILITY CERTIFICATION

This document is to be executed by the Bidder and submitted with the bid for the construction of the

Anne Street Canal Improvements (Project #2023-51) for the City of Pembroke in order to be considered for award.

Bidder recognizes the supplied plans may not identify all underground improvements or their locations, and the information upon which the Engineer rely may contain errors or may not be complete. Bidder agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City of

Pembroke, its Engineer, and all of their respective officers, agents, employees, and consultants from all liability (including reasonable attorneys’ fees and court costs) of Bidder, its contractors or all other persons for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the supplied plans.

It shall be the responsibility of the awarded Contractor to have all underground utilities located before any work begins. The repairs of any damaged underground utilities as a result of the work being performed by the awarded Contractor shall be the responsibility of the awarded Contractor. The proper utility company shall be contacted immediately to expedite the repairs if damage has occurred.

Awarded Contractor will notify the City of Pembroke and its Engineer, M.E. Sack Engineering, and provide a written explanation of the incident within two (2) days of the damage to any underground utilities.

I certify under penalty of perjury under the laws of the State of Georgia that I have read and will fully comply with the foregoing.

Company Name

Title

Date

M.E. Sack Engineering City of Pembroke

J. LAWFUL PRESENCE AFFIDAVIT

Pursuant to O.C.G.A. § 50-36-1, all persons who - either on behalf of themselves or on behalf of an individual, business, corporation, partnership, or other private entity - apply for certain public benefits must (1) be eighteen years of age or older and (2) submit an affidavit that they are lawfully present in the United States. Public benefits, as defined by O.C.G.A. § 50-36-1(a)(3)(A), include any grant, contract, loan, professional license, or commercial license provided by an agency of State or local government or by appropriated funds of a State or local government.

I, _________________________________________, swear or affirm under penalty of perjury under the laws of the State of Georgia that I am 18 years of age or older and (check one):

____ I am a United States citizen, or ____ I am a legal Permanent Resident of the United States, or

____ I am a qualified alien (other than as a permanent resident) or nonimmigrant in the United States pursuant to Federal law.

The secure and verifiable document provided with this affidavit can best be classified as:

I understand that this sworn statement is required by law because I have applied for a public benefit and/or a business license on my behalf as an individual or on behalf of a business, corporation, partnership, or other private entity. I understand that state law required me to provide proof that I am lawfully present in the United

States prior to receipt of this public benefit as listed above. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Georgia under O.C.G.A. § 16-10-20 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

Signature Date

Title *Alien Registration # for Non-citizens

Business Name TIN or SSN

If this affidavit is not presented in person, applicant must submit a notarized copy of this affidavit.

Notarized this ____ Day of _________, 20____, in the State of _____________, County of ______________

Notary Commission Expires

*Note: O.C.G.A § 50-36-1(e) (2) requires that aliens under the Federal Immigration and Nationality Act., Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number: ___________________

M.E. Sack Engineering City of Pembroke

K. CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Pembroke has registered with, is authorized to use and uses the federal work authorization program commonly known as E-verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number/E-verify User Number

Date of Authorization/Date of contract between Contractor and Public Employer

Legal Name of Contractor (please print)

Legal Address of Contractor City, State, & Zip Code

Anne Street Canal Improvements Name of Project

City of Pembroke Name of Public Employer

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

Executed on _____________, _____, 20___ in _________________(city), ____________(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS _____DAY OF _____________, 20___.

Notary Public Commission Expires

M.E. Sack Engineering City of Pembroke

L. SUBCONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b)(3)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ________________________ (name of contractor) on behalf of the City of Pembroke has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13- 10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor.

Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Subcontractor

Anne Street Canal Improvements Name of Project

City of Pembroke Name of Public Employer

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

Executed on _____________, _____, 20___ in ______________________(city), ________(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________, 20_____.

Notary Public Commission Expires

M.E. Sack Engineering City of Pembroke

SECTION IV: SAMPLE CONTRACT

THIS AGREEMENT, made this ________ day of __________________, 20 , by and between the

City of Pembroke, herein called "OWNER" acting herein through Tiffany McCoy Zeigler and

______________________________, of ____________________________________, County of

______________________, and State of ____________________________, herein called

"CONTRACTOR".

WITNESSETH: that for and in consideration of the payments and agreement hereinafter mentioned, to be made and performed by the OWNER, and the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows:

ANNE STREET CANAL IMPROVEMENTS

FOR

CITY OF PEMBROKE

hereinafter called the project, for the sum of _____________________________ Dollars

($__________) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (it’s or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal; the General Conditions, Supplemental General Conditions and Special

Conditions of the Contract, the plans, which include all maps, plats, blue prints and other drawings and printed or written explanatory matter thereof, the specifications and Contract Documents therefore as prepared by M.E. Sack Engineering, herein entitled the ENGINEER, and as enumerated in Paragraph

1 of the Supplementary General Conditions, all of which are made a part hereof and collectively evidence and constitute the Contract.

M.E. Sack Engineering City of Pembroke

The Contractor hereby agrees to commence work under this Contract on or before a date to be specified in a written "Notice to Proceed" from the Owner and to fully complete the project within sixty

(60) consecutive calendar days thereafter.

The Contractor further agrees to pay, as liquidated damages, the sum of $300 for each consecutive calendar day thereafter as hereinafter provided in Section 01001, Paragraph 1.11.

The owner agrees to pay the contractor in current funds for the past performance of the contract subject to additions and deductions as provided in the General Conditions, Article 14 of the contract. Retainage on progress payments shall be ten (10) percent until the project is substantially complete (80% or more) at which point retainage may be reduced to 5% depending on the contractor’s progress related to schedule and workmanship.

M.E. Sack Engineering City of Pembroke

IN WITNESS WHEREOF, the parties present have executed this contract in four (4) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

ATTEST: City of Pembroke (Owner)

(Secretary)

Mayor (Witness) (Title)

(Contractor)

(Secretary)

(Witness) (Title)

(Address and Zip Code)

M.E. Sack Engineering City of Pembroke

A. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

1. REFERENCE

By reference, "The Performance Bond and Payment Bond", E.J.C.D.C. Document C-610 and C-615, 2007 Edition, pages 1 through 2 of each inclusive, is a part of this Contract.

M.E. Sack Engineering City of Pembroke

V

SECTION V: OTHER CONDITIONS OF CONTRACT BY ATTACHMENT

M.E. Sack Engineering City of Pembroke

V - A

A. SUPPLEMENTAL CONDITIONS

SUPPLEMENTAL CONDITIONS

01. GENERAL CONDITIONS:

The "Standard General Conditions of the Construction Contract", Engineers Joint Contract Documents Committee, 2007 Edition, Articles 1 through 17 inclusive, included herein preceding these supplements, is a part of this Contract.

ARTICLE 5 - BONDS & INSURANCE

5.04 B 1& 2 Contractor's protective liability insurance, with minimum limits as follows:

General Liability – $1,000,000 per occurrence;

Damage to rented premises – $100,000 per occurrence;

Personal injury including death – $1,000,000 for each occurrence;

General aggregate – $2,000,000 per project;

Property damage - $100,000 for each and $200,000. for the aggregate for operations.

Contractor's automobile liability insurance (including contractual liability insurance as applicable to the Contractor's obligations under paragraph 6.20) with minimum limits as follows:

Automobile liability – $1,000,000 per occurrence;

Workers compensation – Statutory coverage and $1,000,000 Employers liability limit.

(a) Any exclusion of so-called underground damage to pipes, collapse of structures or damage resulting from explosion or blasting, shall be deleted.

(b) The policy shall provide completed operations coverage, and such coverage shall be maintained by the Contractor for a period of one year from the date of payment of the final amounts owed the Contractor by the Owner, whichever occurs first.

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.02 Progress Payments

A. Applications for Payments

1. Add a sentence after the second sentence stating, “Each payment request shall be accompanied with record drawings showing as-built conditions of all work requested during the pay period.”

ARTICLE 16 - DISPUTE RESOLUTION

16.01 Any dispute arising under this agreement shall first be resolved by utilizing non-binding mediation, however, should the dispute not be resolved by this method it shall be heard in the Superior Court of the County in which the owner resides, and the parties consent to jurisdiction and venue in that Court.

The parties waive any defense they may have to lack of jurisdiction or improper venue and agree to have all disputes resolved in the Superior Court of the County in which the owner resides.

M.E. Sack Engineering City of Pembroke

V - B

B. GENERAL CONDITIONS

EJCDC C-700 Standard General Conditions of the Construction Contract

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated

Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

A�ERICA� C U�CI� F E�GI�EERI�G C �PA�IES

ASS CIATED GE�ERA� C �TRACT RS F A�ERICA

A�ERICA� S CIETY F CIVI� E�GI�EERS

PR FESSI �A� E�GI�EERS I� PRIVATE PRACTICE

A Practice Divisi f the

�ATI �A� S CIETY F PR FESSI �A� E�GI�EERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between

Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the

Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions

(EJCDC C-800, 2007 Edition).

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

Page i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference; Designation of Authorized Representatives

2.07 Initial Acceptance of Schedules

Article 3 – Contract Documents: Intent, Amending, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental

Conditions; Reference Points

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

Article 5 – Bonds and Insurance

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

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5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

Article 6 – Contractor’s Responsibilities

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or-Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

Article 7 – Other Work at the Site

7.01 Related Work at Site

7.02 Coordination

7.03 Legal Relationships

Article 8 – Owner’s Responsibilities

8.01 Communications to Contractor

8.02 Replacement of Engineer

8.03 Furnish Data

8.04 Pay When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on Owner’s Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

8.12 Compliance with Safety Program

Article 9 – Engineer’s Status During Construction

9.01 Owner’s Representative

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9.02 Visits to Site

9.03 Project Representative

9.04 Authorized Variations in Work

9.05 Rejecting Defective Work

9.06 Shop Drawings, Change Orders and Payments

9.07 Determinations for Unit Price Work

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

9.09 Limitations on Engineer’s Authority and Responsibilities

9.10 Compliance with Safety Program

Article 10 – Changes in the Work; Claims

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims

Article 11 – Cost of the Work; Allowances; Unit Price Work

11.01 Cost of the Work

11.02 Allowances

11.03 Unit Price Work

Article 12 – Change of Contract Price; Change of Contract Times

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 Owner May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 Owner May Correct Defective Work

Article 14 – Payments to Contractor and Completion

14.01 Schedule of Values

14.02 Progress Payments

14.03 Contractor’s Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

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14.09 Waiver of Claims

Article 15 – Suspension of Work and Termination

15.01 Owner May Suspend Work

15.02 Owner May Terminate for Cause

15.03 Owner May Terminate For Convenience

15.04 Contractor May Stop Work or Terminate

Article 16 – Dispute Resolution

16.01 Methods and Procedures

Article 17 – Miscellaneous

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

17.06 Headings

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

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

2. Agreement—The written instrument which is evidence of the agreement between Owner and

Contractor covering the Work.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

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

States Occupational Safety and Health Administration.

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

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

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

(including all Addenda).

8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order—A document recommended by Engineer which is signed by Contractor and

Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the

Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

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

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

11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop

Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

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

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

Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

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

16. Cost of the Work—See Paragraph 11.01 for definition.

17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by

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

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

19. Engineer—The individual or entity named as such in the Agreement.

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

21. General Requirements—Sections of Division 1 of the Specifications.

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

23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section

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

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

25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

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

28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the

Work under the Contract Documents.

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

30. PCBs—Polychlorinated biphenyls.

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

32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the

Work within the Contract Times.

33. Project—The total construction of which the Work to be performed under the Contract

Documents may be the whole, or a part.

34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the

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

36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof.

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

Work will be judged.

38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.

39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing

Contractor’s Applications for Payment.

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

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

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

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

44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the

Work (or a specified part thereof) can be utilized for the purposes for which it is intended.

The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award.

46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions.

47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor.

48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

49. Unit Price Work—Work to be paid for on the basis of unit prices.

50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

51. Work Change Directive—A written statement to Contractor issued on or after the Effective

Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract

Times but is evidence that the parties expect that the change ordered or documented by a

Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract

Times.

1.02 Terminology

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,”

“satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the

Contract…