2025_02 Packaged AC Replacement _ Worrall Com.pdf

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

Perry Worrall Community Center – Packaged AC Replacement

FOR THE

CITY OF PERRY

Bid Number 2025-02 June 2024

TABLE OF CONTENTS

CONTRACT DOCUMENTS

Advertisement for Bids .................................................................................................. AB-1

Instructions to Bidders ...................................................................................................... B-1

Bid Form.........................................................................................................................BF-1

Bid Bond........................................................................................................................ BB-1

Georgia Security and Immigration Compliance Act Affidavit .................................... GSIC-1

Agreement ....................................................................................................................... A-1

Performance Bond ..........................................................................................................PB-1

Payment Bond ............................................................................................................. PmB-1

Certificate of Owner's Attorney .................................................................................. COA-1

General Conditions ...................................................................................................... GC-1

Special Conditions ....................................................................................................... SC-1

Perry Worrall Community Center Packaged AC Replacement City of Perry

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Bonds: All bids must be accompanied by a Bid Bond in an amount of not less than five percent (5%) of the bid amount. The successful bidder, if awarded the Contract, will be required to furnish a Performance Bond in the amount of one hundred percent (100%) of the Contract amount and a Payment Bond in the amount of one hundred percent (100%) of the Contract amount.

The Owner reserves the right to reject any or all bids, to waive informalities, and to re-advertise.

City of Perry

ADVERTISEMENT OF BIDS

Sealed Bids: Sealed bids for Perry Worrall Community Center –Packaged AC Replacement for the City of Perry will be received until 2:00 PM, , 2024, at the Perry Administration Building, 1211 Washington Street, Perry, Georgia 31069, at which time and place they will be publicly opened and read. No bid may be withdrawn after the closing time for the receipt of bids for a period of sixty (60) days.

By: Mayor Randall Walker

E-Verify Requirement: All bidders shall provide their signed E-Verify affidavit with their bid.

Bids will not be considered without the Contractor affidavit. The successful bidder is responsible for obtaining a signed E-verify affidavit from their Subcontractors and Sub-subcontractors.

Worrall Center AC Replacement City of Perry

Work to be Done: The work to be done shall consist of furnishing all labor, equipment and materials necessary to replace and install a packaged Air Conditioning Unit for the City of Perry for the Worrall Community Center as shown on the plans.

Plans, Specifications, and Contract Documents: Plans, Specifications, and Contract Documents are on file at the Perry Administration Building, Finance Department. Copies may be

AB-1

obtained from the office of the Design Professional, NBP Engineers, Inc., Phone: (478) 745- 1691. Request electronic documents via email to sholloway@nbpengineers.com or emoore@nbpengineers.com.

July 30, Madatory Prebid Meeting: A mandatory pre-bid meeting will be held at 10:00 AM on July 16, 2024 at the Worrall Community Center, 1060 Keith Drive, Perry, GA. Failure to attend the mandatory prebid meeting could result in disqualification from the bid process.

INSTRUCTIONS TO BIDDERS

INDEX

Defined Terms .................................................................................................................. B-2

Copies of Bidding Documents .......................................................................................... B-2

Qualifications of Bidders .................................................................................................. B-2

Examination of Contract Documents and Site ................................................................... B-2

Interpretations and Addenda.............................................................................................. B-3

Bid Security ...................................................................................................................... B-4

Contract Time ................................................................................................................... B-4

Liquidated Damages ......................................................................................................... B-4

Substitute or “Or Equal” Items .......................................................................................... B-4

Subcontractors, Suppliers and Others ................................................................................ B-5

Bid Form........................................................................................................................... B-5

Submission of Bids ........................................................................................................... B-6

Opening of Bids ................................................................................................................ B-6

Bid to Remain Subject To Acceptance .............................................................................. B-6

Award of Contract ............................................................................................................ B-6

Contract Security .............................................................................................................. B-7

Signing of Agreement ....................................................................................................... B-7

Non-Segregated Facilities ................................................................................................. B-7

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INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS.

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder” means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2. COPIES OF BIDDING DOCUMENTS.

Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the office of the Design Professional, NBP Engineers, Inc., Phone: (478) 745-1691. Request electronic documents via email to sholloway@nbpengineers.com or emoore@nbpengineers.com

Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

3. QUALIFICATIONS OF BIDDERS

3.1 Bidders shall meet qualifications set forth in Section 01 4000 – QUALITY REQUIREMENTS, which establishes minimum qualifications for Contractors bidding this project. The Statement of Qualifications specified shall be submitted in writing to the Owner as required in the Supplementary General Conditions. Bids will not be accepted from Contractors failing to meet the qualifications established or from Contractors failing to submit the required documentation of qualifications. A listing of qualified bidders will be published and distributed to plan holders of record. All protests of decisions regarding qualifications must be submitted in writing to the Owner by not later than three working days thereafter.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

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4.2 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.3 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.4 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.5 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. INTERPRETATIONS AND ADDENDA.

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

6. BID SECURITY

6.1. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of the Treasury Circular 570.

Any other form used shall be considered nonresponsive and the bid will be rejected.

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6.2. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner for sixty days after the Bid opening, whereupon Bid security furnished by such Bidder will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

7. CONTRACT TIME.

The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment are set forth in the Bid Form and the Agreement. The Successful Bidder has fifteen days after the Notice of Award to execute and deliver the Agreement and furnish the required contract security to the Owner.

8. LIQUIDATED DAMAGES.

Instead of requiring proof of actual loss if the work is not completed within said time, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $200.00 for each day that expires after the said completion date.

9. SUBSTITUTE OR "OR-EQUAL" ITEMS.

Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturer's or vendor's names, trade names, catalogue numbers, etc., it is intended to establish a standard; and if an equal can perform adequately the duties imposed by the general design, it will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. "or Equal" equipment, as offered by the Bidder, may be written into the Bid Data as a Substitute. Submittals on proposed "Or Equal" equipment by the Bidder shall be required for review by the Engineer and Owner as provided in paragraph 4 of the Supplementary Conditions.

10. SUBCONTRACTORS, SUPPLIERS AND OTHERS.

10.1. If the Owner requires the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification of each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed

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Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement.

10.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

11. BID FORM.

11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office).

11.2. All blanks on the Bid Form must be completed in ink or be typewritten.

11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

11.5. All names must be typed or printed below the signature.

11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

11.7. The address and telephone number for communications regarding the Bid must be shown.

11.8. All bidders shall provide their signed E-Verify affidavit with their bid. Bids will not be considered without the Contractor affidavit.

12. SUBMISSION OF BIDS.

Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title, Bid Number, (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address and Utility Contractor’s license number of the Bidder. If the Bid is sent

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through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

13. OPENING OF BIDS.

Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

14. BIDS TO REMAIN SUBJECT TO ACCEPTANCE.

All bids will remain subject to acceptance for forty-five days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

15. AWARD OF CONTRACT.

15.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

15.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

15.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

15.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

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15.5 If the contract is awarded, it will be awarded to the lowest Bidder whose proposal shall have met all the prescribed requirements.

15.6 If the contract is awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the Bid opening.

16. CONTRACT SECURITY.

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

17. SIGNING OF AGREEMENT.

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor.

18. NON-SEGREGATED FACILITIES.

Bidders must certify that they do not and will not, maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed or national origin.

19. FEDERAL AID CERTIFICATION

The Contractor shall become familiar with and complete the Federal Aid Certification. The Contractor shall submit the Federal Aid Certification with his bid.

20. The law of the state of Georgia shall govern the construction of this contract. The courts of Houston County, Georgia shall have exclusive jurisdiction to try disputes arising under or by virtue of this contract.

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BID BOND

STATE OF GEORGIA

COUNTY OF HOUSTON

KNOW ALL MEN BY THESE PRESENTS, that we, , as

Principal, and , as Surety, are held and firmly bound unto the for the sum of

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

WHEREAS, the Principal has submitted to the Owner a Proposal for construction of the Perry Worrall Community Center Packaged AC Replacement

NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the Principal shall within ten days after receipt of conformed contract documents execute a contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Owner and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to the Owner, each in an amount of one hundred percent (100%) of the total contract price, in form and with security satisfactory to the Owner, or in the event of the failure of the Contractor to execute and deliver the Contract Agreement and give said Performance and Payment Bonds, the Contractor shall pay the Owner the difference not to exceed the penalty hereof between the amount specified in said Proposal and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said Proposal, and execute the Special Assurances form, then this obligation shall be void; otherwise, it shall be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid

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Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36-91-50 et seq and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

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

PRINCIPAL:

Signed and sealed in the presence of

By:

1. Title:

2.

SURETY:

Signed and sealed in the presence of:

By:

1. Title:

2.

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BID FORM

PROJECT IDENTIFICATION:

Perry Worrall Community Center Packaged AC Replacement

THIS BID IS SUBMITTED TO:

City of Perry, Georgia

THIS BID IS SUBMITTED FROM:

Bid Date:

THE BID:

Bid. Having carefully examined the Specifications entitled the Bidding Documents, Drawings (sheet #s): dated and Addendum No.(s): as well as the Site and conditions affecting the Work, bidder hereby proposes to furnish all services, labor, materials, and equipment called for by them for the entire Work, in accordance with the aforesaid documents, for the sum of:

Dollars ($ ) which sum is hereinafter called the Bid. The Bid shall be the amount of the Contract Sum executed between the Owner and the Contractor unless Alternates are accepted.

Alternates. We further propose that, should any of the following alternates be accepted and be incorporated in the Contract, the Bid will be altered in each case as follows:

No Alternates

Errors or Revisions. Prior to the bid opening date and hour, errors may be stricken or revisions may be made and corrections entered on this proposal form or on the bid envelope with sufficient clarity to be easily understood. All such annotations shall be binding on the bidder.

No Withdrawal. For and in consideration of the sum of $10.00, the receipt of which is hereby acknowledged, bidder and Owner agree that this bid may not be revoked or withdrawn after the time set for the opening of bids, except as provided in Georgia law, but is an irrevocable offer that shall remain open for acceptance for a period of thirty-five days following the time set for the opening of bids.

Execution of the Contract. If bidder is notified in writing by statutory mail of the acceptance of this bid within thirty-five days after time set for the opening of bids, bidder agrees to execute within ten days the Contract for the Work for the above stated Bid, as adjusted by the accepted Alternates, and at the same time to furnish and deliver to the Owner a Performance Bond and a Payment Bond on forms shown in Section 7 of the General Conditions of the Contract, both in an amount of equal to 100 percent of the Contract Sum.

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Commencement and Completion of Work. Upon the Effective Date of the Contract, bidder agrees to commence all Preconstruction Activities. Upon issuance of a Proceed Order, bidder agrees to commence physical activities on the Site with adequate forces and equipment and to complete to Material Completion all work in 270 consecutive calendar days beginning the day after the date of the Proceed Order.

Bid Bond. Enclosed herewith is a Bid Bond (NO OTHER FORM ACCEPTABLE) in the amount of Dollars ($ ) (being not less than five percent of the Bid). Bidder agrees that the above stated amount is the proper measure of liquidated damages that the Owner will sustain by bidder’s failure to execute the Contract or to furnish the Performance and Payment Bonds should bidder’s bid be accepted.

Obligation of Bid Bond. If this bid is accepted within thirty-five days after the date set for the opening of bids and bidder fails to execute the Contract within ten days after Notice of Successful Bid, or if bidder fails to furnish both Performance and Payment Bonds, the obligation of the Bid Bond will remain in full force and effect and the money payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure; otherwise, the obligations of the Bid Bond will be null and void.

Bidder Certification

Certification under Oath. Under oath I certify that I am a principal or other representative of the bidder, and that I am authorized by it to execute the foregoing bid on its behalf; and further, that I am a principal person of the bidder with management responsibility for the construction for the bidder, and as such I am personally knowledgeable of all its pertinent matters. I further certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same services, materials, labor, supplies, or equipment and is in all respects fair and without collusion or fraud. Bidder and its principals understand that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. Bidder agrees to abide by all conditions of this bid.

BY:

Authorized Signature (BLUE INK)

Printed Name Title

Sworn to and subscribed before me this Day of , 20 .

Notary Public

My commission expires:

(SEAL)

NOTE: THE NOTARY SEAL MUST BE APPLIED UNDER GEORGIA

LAW, WHETHER OR NOT THE LAW OF THE STATE WHERE

EXECUTED PERMITS OTHERWISE.

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PAGE LEFT INTENTIONALLY BLANK

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CERTIFICATION OF NONSEGREGATED FACILITIES

(To be completed and submitted with Bid)

Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in his files.

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. & 1001.

Date: , 2024 (Name of Bidder)

Official Address:

BY:

TITLE:

Worrall Center AC Replacement

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GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contract No. and Name: Perry Worrall Community Center Packaged AC Replacement

Contractor’s Name:

STATE OF GEORGIA CONTRACTOR AFFIDAVIT

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 contracting with the Georgia Department of Transportation has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10 91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the Georgia Department of Transportation, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia subcontractor(s) is retained to perform such service.

Department of Transportation at the time the

TM

EEV / E-Verify User Identification Number Date of Authorization

BY: Authorized Officer or Agent Date (Contractor Name) Date

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND

SWORN BEFORE ME ON

THIS THE

DAY OF , 201_

[NOTARY

Public My Commission Expires:

SEAL] Notary

*any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 Revised 8/25/10

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AGREEMENT

THIS AGREEMENT is dated as of the day of in the year 2024, by and between the City of Perry, Georgia (hereinafter called OWNER) and (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Perry Worrall Community Center Packaged AC Replacement

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Perry Worrall Community Center Packaged AC Replacement

Article 2. ENGINEER.

The Project has been designed by NBP Engineers, Inc. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3.

3.1.

CONTRACT TIME.

CONTRACTOR agrees to commence Work under this Agreement on or before a date to be specified on a written "Notice to Proceed" of the OWNER and to fully complete the Work within 270 consecutive calendar days from the "Notice to Proceed" date.

3.2. LIQUIDATED DAMAGES. Instead of requiring proof of actual loss if the work is not completed within said time, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $200.00 for each day that expires after the said completion date.

Article 4.

4.1.

CONTRACT PRICE.

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in currency as follows: $ .

Article 5. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

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The retainage shall be an amount equal to 5% of Contractor’s partial pay estimate until 100% of the work has been completed. Upon substantial completion of the work, any amount retained may be paid to the Contractor. When the work has been substantially completed except for Work which cannot be completed because of weather conditions, lack of materials of other reasons which in the judgment of the Owner are valid reasons for noncompletion, the Owner may make additional payments, retaining at all times an amount sufficient to cover twice the estimated cost of the Work still to be completed.

Article 6. CONTRACTOR'S REPRESENTATIONS.

In order in induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

6.2. CONTRACTOR has reviewed all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for verifying the accurate locations of said Underground Facilities. CONTRACTOR assumes responsibility for coordination of the work with the Owners of such underground facilities during construction as provided for in the General Conditions.

6.3. CONTRACTOR has correlated the results of all such observations, examinations, and investigations, with the terms and conditions of the Contract Documents.

6.4. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents resolution thereof by ENGINEER is acceptable to CONTRACTOR.

and the written

Article 7.

7.1.

CONTRACT DOCUMENTS.

This Agreement

7.2. Exhibits to this Agreement

7.3. Performance and other Bonds

7.4. Notice of Award

7.5. General Conditions

7.6. Supplementary Conditions

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7.7. Drawings, consisting of a cover sheet and sheets M001, M101, M201, E001, E101, and E201, inclusive with each sheet bearing the following general title:

Worrall Community Center Packaged AC Replacement

Perry

7.8 Perry Worrall Community Center Packaged AC Replacement Plans by NBP#23031 dated June 28, 2023, consisting of 136 pages.

7.9 Addenda numbers 0 to 0 ,inclusive.

7.10 CONTRACTOR's Bid

7.11 Documentation submitted by CONTRACTOR prior to Notice of Award.

7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and

3.5 of the General Conditions.

7.13 The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and

3.5 of the General Conditions.

Article 8.

8.1.

MISCELLANEOUS

Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

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IN WITNESS WHEREOF OWNER and CONTRACTOR have signed this Agreement in quadruplet. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on , 20 .

OWNER:

City of Perry, Georgia

CONTRACTOR:

By

[CORPORATE SEAL]

BY

[CORPORATE SEAL]

Attest Attest

Address for giving notices Address for giving notices

1211 Washington Street P.O. Box 2030 City of Perry, Georgia 31069

(If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.)

License No.

Agent for services of process:

(If CONTRACTOR is a corporation, evidence of authority to sign.)

attach

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PERFORMANCE BOND

COUNTY OF Houston

KNOW ALL MEN BY THESE PRESENTS, that we, as Principal (hereinafter known as "CONTRACTOR"), and we, , as Surety, do hereby acknowledge ourselves indebted and firmly bound and held unto the City of Perry for the use and benefit of those entitled thereto, in the sum of Dollars ($ ) for the payment of which well and truly to be made, in lawful money of the United States, we do hereby bind ourselves, successors, assigns, heirs, and personal representatives.

BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS:

WHEREAS, the OWNER has engaged the said CONTRACTOR for the sum of Dollars ($ ) for Drawings, consisting of a cover sheet and sheets M001, M101, M201, E001, E101, and E201, inclusive with each sheet bearing the following general title: Perry Worrall Community Center Packaged AC Replacement as more fully appears in a written Agreement bearing the date of , 20 , a copy of which Agreement is by reference hereby made a part hereof.

NOW, THEREFORE, if said Contractor shall fully and faithfully perform all the undertakings and obligations under the said agreement or contract hereinbefore referred to and shall fully indemnify and save harmless the said OWNER from all costs and damage whatsoever which it may suffer by reason of any failure on the part of said CONTRACTOR to do so, and shall fully reimburse and repay the said default, and shall guarantee all products and workmanship against defects for a period of one year, then this obligation or bond shall be null and void, otherwise, it shall remain in full force and effect.

And for value received it is hereby stipulated and agreed that no change, extension of time, alteration or addition to the terms of the said Agreement or Contract or in the work to be performed thereunder, or the Specifications accompanying the same shall in any way affect the obligations under the obligation or bond, and notice is hereby waived of any such damage, extension of time, alteration or addition to the terms of the Agreement or Contract or to the work or to the Specifications.

This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36-91-70 et esq and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

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IN WITNESS WHEREOF, the said CONTRACTOR has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of , 20 . Executed in 4 counterparts.

CONTRACTOR:

Signed and sealed in the presence of:

By:

1. Title:

2. (SEAL)

SURETY:

Signed and sealed in the presence of:

By:

1. Title:

2. (SEAL)

APPROVED AS TO FORM

By:

Attorney for the Owner

NOTE: Date of bond must not be prior to date of contract. If CONTRACTOR is a PARTNERSHIP, all partners should execute bond.

IMPORTANT:Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

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PAYMENT BOND

COUNTY OF Houston

KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal (hereinafter known as "CONTRACTOR"), and we, , as Surety, do hereby acknowledge ourselves indebted and firmly bound and held unto the City of Perry for the use and benefit of those entitled thereto, in the sum of Dollars ($ ) for the payment of which well and truly to be made, in lawful money of the United States, we do hereby bind ourselves, successors, assigns, heirs, and personal representatives.

BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS:

WHEREAS, the OWNER has engaged the said CONTRACTOR for the sum of Dollars ($ ) for construction of the Perry Worrall Community Center Packaged AC Replacement as more fully appears in a written Agreement bearing the date of , 20 , a copy of which Agreement is by reference hereby made a part hereof.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said CONTRACTOR and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contractor and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain if full force and effect.

HOWEVER, this bond is subject to the following conditions and limitations:

(a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the CONTRACTOR and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the County in which the work provided for in said Contract is to be performed or in any county in which Contractor or Surety does business. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said CONTRACTOR or Surety or either of them (but not later than one year after the final settlement or said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon.

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(b) The Principal and Surety hereby designate and appoint the , as the agent of each them to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the CONTRACTOR and/or Surety.

(c) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or preceding thereon that is instituted later than one year after the final settlement of said Contract.

(d) This bond is given pursuant to and in accordance with provisions of O.C.G.A. Section 36-91-90 et seq and all the provisions of law referring to this character of bond as set forth in said sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF, the said CONTRACTOR has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of , 20 . Executed in 4 counterparts.

CONTRACTOR:

Signed and sealed in the presence of:

By:

1. Title:

2. (SEAL)

SURETY:

Signed and sealed in the presence of:

By:

1. Title:

2. (SEAL)

APPROVED AS TO FORM

By:

Attorney for the Owner

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NOTE: Date of bond must not be prior to date of contract. If CONTRACTOR is a PARTNERSHIP, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

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CERTIFICATE OF OWNER'S ATTORNEY

I, the undersigned, Brooke Newby, the duly authorized and acting legal representative of the

City of Perry, Georgia, do hereby certify as follows: I have examined the foregoing contract and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

Signature of Attorney

Date

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GENERAL CONDITIONS stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).

ARTICLE 1 - DEFINITIONS

Contract Time - The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement.

Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents.

Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10).

Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be…