23 CITY OF CHATSWORH LMIG PROJ

INVITATION FOR BID

CHATSWORTH, GEORGIA

PROJECT # PW-2023-LMIG-CITY

2023 LMIG CITYWIDE PAVING PROJECT

Including: Green rd. Olive St., Cherokee St., Barley Dr.

January 2023

PREPARED FOR

CITY OF CHATSWORTH

TABLE OF CONTENTS

Georgia Security and Immigration Contractor Affidavit 62 Affidavit Verifying Status of Applicant

INVITATION FOR BIDS

PROJECT # PW-2023-LMIG-CITY

2023 LMIG CITYWIDE PAVING PROJECT

CITY OF CHATSWORTH, GA

226 N. 1st Ave Chatsworth, Georgia 30705

This is an invitation to submit a bid to the City of Chatsworth for the 2023 LMIG CITY WIDE PAVING PROJECT providing repaving/ overlay on more than [1.5] miles of City of Chatsworth Roadways as indicated herein. Sealed bids will be received at the Office of the City Mayor (in Chatsworth City Hall Building at the above address) up to 5:00P.M. on 01-13-2023 at which time they will be opened and publicly read.

Scope of Work:

The project will be funded with 2023 LMIG and city funds. Construction includes asphalt overlay/repaving leveling and striping on up to 1.5 miles of road including Green Rd, from right of way at Highway 76 to Charles Rd. (milling curb line & intersection; 4236 LF), Olive St. from 5th Ave. (milling cub and patching; 920 LF) Cherokee St. from highway 411 to 4th Ave. (patch; 412 LF), and Barley Dr. from Southern Dr. to Cotton Circle (1358 LF). The work will be approximately 27750 SY of resurfacing around 2300 tons of asphalt. Paint and striping replacement. All work shall conform to the (GDOT) Standards. And other contract requirements, specifications

Project work will be required to begin within 60 calendar days of the Notice to Proceed and be substantially complete within 180 calendar days. All punch-list items will be required to be complete within 30 days of the Final Inspection.

Eligible bidders and subcontractors shall satisfy all applicable licensure requirements for Contractors performing work in the State of Georgia and must meet all applicable insurance and bonding requirements as stipulated in the separate Instructions to Bidders and Contract Documents. Verifying documents for the prime contractor/bidder will be required prior to contract award, and for all subcontractors prior beginning work.

Bid Documents may be obtained at the City Hall Office Location by appointment. Proposers are encouraged to request Bid Documents via email. All proposers requesting plans and bid documents will be emailed bid documents and/or granted access to the Engineer’s FTP site containing digital copies of plans, specifications, and addenda. No documents will be mailed. Request for Bid Documents and any questions regarding the project or to schedule an appointment to pick- up plans at the City Hall office should be emailed simultaneously to Jhenderson@chatsworthga.gov and Jmiddleton@chatsworthga.gov (Questions must be received no later than 5:00 p.m. on 01-13-2023. Responses will be posted to the FTP site as an Addendum. Additional addendums may be issued during the proposal period. All proposers are responsible to check the Engineer’s FTP site for addendums.

Instructions for preparation and submission of a bid-proposal are contained in this packet. Bids must be typed or printed in ink. Bids submitted as a result of this invitation must include the "Bid Sheet" to be considered along with all required documents and be returned in a sealed envelope or container marked, "SEALED BID for 2022 LMIG City wide Paving Project" on the outside. Bids may not be considered unless so received.

All contractors must comply with the provisions of O.C.G.A. Sec. 13-10-91, and must register and participate in the federal work authorization program (also known as E-Verify (www.uscis.gov/everify)). A contractor must submit the required affidavit BEFORE ANY PROPOSAL IS CONSIDERED. A form affidavit shall be provided with the proposal package.

The City of Chatsworth provides equal opportunities for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin, handicap or veterans status. This policy ensures all segments of the business community have access to supplying the goods and services needed by the City of Chatsworth.

Proposals may not be withdrawn for a period of 30 days after time has been called on the date of opening. The City of Chatsworth reserves the right to waive any and all technicalities and informalities, reject any or all bids, and make the award in the best interest of the city.

Note: No Proposers are to contact anyone who is currently employed by the City of Chatsworth Government at any time during the Proposal Process in relation to the project, except as directed above. All questions are to be directed to the Engineer, via email, at the address provided above. Any breach of this requirement may result in disqualification.

CHATSWORTH, GEORGIA

2023 LMIG CITYWIDE PAVING PROJECT

INSTRUCTION TO BIDDERS

1. Intent: It is intended that the Instructions to Bidders, General Conditions, and Detailed Specifications shall define and describe the complete work to which they relate.

2. Work to Be Done: The Project Areas are:

The work to be performed under this contract consists of asphalt pavement overlay on specified roadway sections. The project includes general requirements such as traffic control, shoulder clipping, sweeping, tack, leveling, resurfacing, minor patching and or leveling, and restriping. All work and material shall be in accordance with the Technical Specifications and the contract documents.

3. Site Examination: The Bidder is advised to examine the location of the work and to inform themself fully as to its conditions; the conformation of the ground; the character, quality and quantity of the products needed preliminary to and during the prosecution of the work; the general and local conditions and all other matters which can in any way affect the work to be done under the Contract. Failure to examine the site will not relieve the successful bidder of their obligation to furnish all products and labor necessary to carry out the provisions of this contract.

The Bidder shall notify the Owner of the date and time he/she proposes to examine the location of the work. The Bidder shall confine their examination to the specific areas designated for the proposed construction, including easements and public rights of way. The Bidder is solely responsible for any damages caused by his/her examination of the site.

4. Bid and Contract Security: Each Proposal must be accompanied by a bid bond for an amount equal to at least five percent (5%) of the bid amount. If for any reason whatsoever the Bidder withdraws from the competition after opening the bids, or if he/she refuses to execute the Contract, the Owner will proceed on the Bid Bond. The Surety of the Bid Bond, Performance Bond, and Payment Bond shall be a surety company authorized to do business in the State of Georgia, shall be listed in the Department of the Treasury Circular 570, and shall have an underwriting limitation in excess of 100% of the bid amount. The Bonds and Surety shall be subject to approval by the Attorney for the Owner. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

5. Determination of Successful Bidder: The Contract will be awarded to the lowest responsive, responsible bidder, if awarded.

(a) Responsibility: The determination of the bidder's responsibility will be made by the Owner based on whether the bidder:

1. Maintains a permanent place of business,

2. Has the appropriate technical experience,

3. Has adequate plant and equipment to do the work properly and expeditiously

4. Has suitable financial means to meet obligations incidental to the work.

The Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the Owner that he/she is properly qualified to carry out the obligation of the Contract.

(b) Responsiveness: The determination of responsiveness will be made by the Owner based on a consideration of whether the Bidder has submitted complete Proposal forms without irregularities, excisions, special conditions, or alternative bids for any item unless specifically requested in the Proposal forms.

6. Bid Alternates: Bidders are requested to review Bid alternates and submit bids for all alternates, if any, as outlined on the Detailed Estimate and Bid Schedule.

7. Contract Time: Contract time shall consist of One Hundred Twenty (180) consecutive calendar days for the completion of work, to be computed from the date of the Notice to Proceed. Liquidated damages shall be assessed at $300 per day.

8. Submission of Bids: Bids shall be submitted at the time and place indicated in the Invitation. Murray County will not accept late bids. On the outside of the envelope containing the bid shall be noted the following:

“SEALED BID for 2023 LMIG CITYWIDE PAVING PROJECT”

9. Georgia Open Records Act: Bidders are reminded that documents and information in the possession of the City of Chatsworth will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open Records Act and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act. Any trade secrets in your bid must be placed in a separate envelope, clearly identified and marked as such. Marked at a minimum by a cover letter explaining exactly where such information is, and otherwise marked, highlighted, etc. so as to be plainly visible.

10. Proposal Forms: Bids shall be submitted on the Proposal Forms included. Bids shall be based upon unit prices for estimated quantities excepting where bid items require lump sum proposals as indicated by the Proposal Forms. Where errors or omissions result in discrepancies in bid totals, prices per unit as submitted will be binding.

Final payment will be based upon actual in-place measured quantities, excepting where lump sums are requested for bid items.

11. Gratuities: The City of Chatsworth acknowledges that, particularly during the holiday season, it may be customary to provide gifts to employees or departments. However, the City of Chatsworth Personnel Policy prevents the acceptance of such gifts. Your cooperation in respecting the policy is appreciated.

GENERAL TERMS AND CONDITIONS

INDEX

94.Discrepancies between General Conditions 95. Georgia Security and Immigration And /Technical Specifications Compliance Act

96. Salvaged Material & Equipment

1 - Definitions

Where used in the project manual, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms.

Acceptance. Formal action of the Owner in determining that the Contractor's work has been completed in accordance with the contract and in notifying the Contractor in writing of the acceptability of the work.

Act of God. A cataclysmic phenomenon of nature, such as a hurricane, earthquake, or abnormal flood. Rain, wind, high water, or other natural phenomenon which might reasonably have been anticipated from historical records of the general locality of the work shall not be construed as acts of God.

Addenda. Supplemental written specifications or drawings issued prior to execution of the contract which modify or interpret the project manual by addition, deletion, clarification, or corrections.

Bid. Offer of a bidder submitted on the prescribed form setting forth the price or prices of the work to be performed.

Bidder. Individual, partnership, corporation, or a combination thereof, including joint ventures, offering a bid to perform the work.

Contract. The writings and drawings embodying the legally binding obligations between the Owner and the Contractor for completion of the work; Contract Documents attached to the Contract and made a part thereof as provided herein.

Contract Documents. The Contract, Addenda (which pertain to the Contract Documents), Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the Bonds, these General Conditions, the Special Conditions, the Specifications and Drawings, together with all Written Amendments, Change Orders, Work Change directives, Field Orders, and Drawing submittals. THE CITY OF CHATSWORTH WILL NOT ENTERTAIN OR ACCEPT ANY CHANGES TO THE CONTRACT FORMAT PROVIDED.

Contract Drawings. The drawings which show the scope, extent, and character of the work to be furnished and performed by the Contractor and which have been prepared and reviewed by the Engineer and are referred to in the Contract Documents.

Contract Price. Amount payable to the Contractor under the terms and conditions of the contract. Based on the price given on the bidding schedule, with adjustments made in accordance with the contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form.

Contract Time. Number of calendar days stated in the contract for the completion of the work or portions thereof.

Contractor. The individual, partnership, corporation, or combination thereof, including joint ventures that enter into the contract with the Owner for the performance of the work. The term covers subcontractors, equipment and material suppliers, and their employees.

Contractor's Plant and Equipment. Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the work, but not to be incorporated in the work.

Contract Technical Representative. The day-to-day County Representative designated by the Owner.

County. Owner.

Day. Calendar day.

Defective. An adjective which when modifying the word “work” refers to work, including but not limited to the furnishing of materials, that is unsatisfactory, faulty, deficient, or performed in an unworkmanlike manner, in that it does not conform to or meet the requirements of the Contract, any inspection, reference standard, test or approval referred to in the Contract, or has been damaged prior to a recommendation of final payment.

Direct. Action of the Owner by which the Contractor is ordered to perform or refrain from performing work under the contract.

Directive. Written documentation of the actions of the Engineer or the Owner in directing the Contractor.

Engineer. Whenever the word “Engineer” is used in the contract, it shall be understood as referring to the Engineer of the Owner, or such other Engineer, supervisor, or inspector as may be authorized by the Owner to act in any particular area of the Contract.

Equipment. Mechanical, electrical, instrumentation, or other device with one or more moving parts, or devices requiring an electrical, pneumatic, electronic, or hydraulic connection.

Furnish. To deliver to the job site or other specified location any item, equipment, or material.

Herein. Refers to information presented in the project manual.

Holidays. Legal holidays designated by the Owner.

Install. Placing, erecting, or constructing complete in place any item, equipment, or material.

May. Refers to permissive actions.

Owner. Chatsworth, Georgia.

Person. The term, person, includes firms, companies, corporations, partnerships, and joint ventures.

Project. The undertaking to be performed under the provisions of the contract.

Project Manual. Those contact documents prepared for bidding and as amended by addenda.

Provide. Furnish and install, complete in place.

Punch List. List of incomplete items of work and of items of work which are not in conformance with the contract. The list will be prepared by the Engineer when the Contractor (1) notifies the Engineer in writing that the work has been completed in accordance with the contract and (2) requests in writing that the Owner accept the work.

Shall. Refers to actions by either the Contractor or the Owner and means the Contractor or Owner has entered into a covenant with the other party to do or perform the action.

Shown. Refers to information presented on the drawings, with or without reference to the drawings.

Specifications. That part of the contract documents consisting of written descriptions of the technical features of materials, equipment, construction system, standards, and workmanship.

Specify. Refers to information described, shown, noted, or presented in any manner in any part of the contract.

Submittals. The information which is specified for submission to the Owner in accordance with Division of the project manual.

Substantial Completion. Sufficient completion of the project or the portion thereof to permit utilization of the project, or portion thereof for its intended purpose. Substantial completion requires not only that the work be sufficiently completed to permit utilization, but that the Owner can effectively utilize the substantially completed work. Determination of substantial completion is solely at the discretion of the Owner. Substantial completion does not mean complete in accordance with the contract nor shall substantial completion of all or any part of the project entitle the Contractor to acceptance under the contract.

Substantial Completion Date. Date shown on the certificate of Substantial Completion.

Will. Refers to actions entered into by the Contractor or the Owner as a covenant with the other party to do or to perform the action.

Work. The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion, and fulfillment of the contract.

2 - Royalties and Patents

The Contractor shall pay all royalties and license fees and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of the patent rights or copyrights held by others. He/she shall defend all suits or claims for infringement of any patent rights and shall hold harmless the Owner, its officers, employees, and agents from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular manufacturer, product, or process is specified by the Owner and properly installed by the Contractor pursuant to the manufacturer’s specifications.

3 - Permits and Regulations

The Contractor shall obtain and pay for all construction permits, licenses, and easements of a temporary nature necessary for the prosecution of the work. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the work. The Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto.

The Contractor shall comply with all County, State, and Federal laws, statutes, ordinances, rules and regulations applicable to furnishing and performance of the work.

4 - Verbal Agreements

No verbal agreement or conversation with any officer, agent, or employee of the Owner either before or after execution of this Contract shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract.

5 - Lands for Work

The Owner shall provide, as indicated on the drawings, if included, and not later than the date when needed by the Contractor, the Lands upon which the work under this Contract is to be done, rights-of-way for access to same, and such other lands which are designated on the drawing for the use of the Contractor. Any delay in the furnishing of these Lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract Price and time of completion. The Contractor shall provide at his own expense and without liability to the owner any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials.

6 - General Warranty and Guarantee Against Defective Work

The Contractor shall warrant and guarantee the work required under this Contract for a period of twelve months from the date of Final Acceptance. The Contractor warrants and guarantees to Owner, that materials and equipment furnished under the Contract shall be of good quality and new unless otherwise required or permitted by the Contract Documents, that all work will be in accordance with the Contract Documents, and that all work will be of good quality, free from faults and defects. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner or the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

The Contractor’s obligation to perform and complete the work in a workmanlike manner, free from faults and defects and in accordance with the Contract Documents shall be absolute. The Contractor shall remedy, at his own expense, and without additional cost to the Owner, all defects arising from either workmanship or materials, as determined by the Owner, or Owner’s representative. The obligations of the Contractor under this Paragraph shall not include normal wear and tear under normal usage.

7 - Bonds

The Contractor shall furnish payment and performance bonds with good and sufficient surety or sureties acceptable to the Owner for the protection of persons furnishing materials or labor in connection with the performance of the work. The penal sum of such payment and performance bond will be 100% of the contract price. The bonds required hereunder will be dated as of the same date as the contract and will be furnished to the Owner at the time the contract is executed. These bonds shall be issued from a company licensed to do business in Georgia and shall be signed or counter signed by a Georgia resident agent, and shall have a proper Power of Attorney evidencing the authority of the individual signing the bond. Included with the Bonds shall be a signed Affidavit on the form provided herewith.

Out of state contractors shall post a bond with the State Tax Commissioner for each tax year during construction of the project to guarantee payment of taxes on the work of this Contract.

8 - Contractor's Insurance

A. Liability.

The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them. Certificates of Insurance indicating that the successful proposer has obtained such coverage, shall be filed with the Owner prior to the commencement by the successful proposer of the services. Such certificates shall be in form and substance reasonably acceptable to the Owner, shall indicate that, except in respect to workers compensation insurance coverage and professional errors and omissions, Owner is an additional insured with respect to such coverage, and shall indicate that such coverage is primary and not contributory with any similar insurance purchased by the Owner. The certificates shall contain a provision that the insurer will endeavor, if allowed by the policy, to provide Owner with thirty (30) calendar days notice of nonrenewal, cancellation, or termination of the coverage. If the successful proposer receives a nonrenewal. cancellation, or termination notice from an insurance carrier affording coverage required herein, the successful proposer agrees to notify Owner by fax within two (2) business days with a copy of the nonrenewal, cancellation, or termination notice, or written specifications as to which coverage is no longer in compliance. Failure to comply with any of the provisions relating to insurance coverage herein shall be deemed a material breach if not cured. Certificates of such insurance shall be filed with the Owner. The contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

B. Indemnity.

To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the County , Engineer, Engineer’s Consultants and the Officers, Directors, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence.

Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.

Comprehensive General Liability -The successful Bidder shall exercise proper precaution at all times for the protection of persons and property. He shall carry approved insurance from insurance companies authorized to do business in Georgia and having an A.M. Best’s rating of B+ or better with the following minimums:

*The limits of insurance are as follows:

a) general liability insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per occurrence) and Two Million (2,000,000) Dollars aggregate;

b) automobile insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per accident for bodily injury or property damage); and

c) Workers’ Compensation Insurance as will protect potential bidder or offerer from Workers’ Compensation Acts.

9 - Liens

Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner a complete release of all claims or liens arising out of this Contract and an affidavit that so far as he/she has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed; but the Contractor may, if any Subcontractor refuses to furnish a release or receipt in full, furnish an additional bond satisfactory to the Owner, to indemnify the Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety Bond). If any claim or lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay on discharging such a lien, including all costs and a reasonable attorney's fee.

10 - Assignment

The Owner shall have the right to reject the assignment or sub-letting of any portion of the Contract by the Contractor. Assigning or sub-letting the Contract shall not relieve the Contractor or his surety from any Contract obligations.

11 - Joint Venture Contractor

In the event the Contractor is a joint venture of two or more contractors, the grants, covenants, provisos and claims, rights, power, privileges and liabilities of the contract shall be construed and held to be several as well as joint. Any notice, order, direct request, or any communication required to be or that may be given by the Engineer to the Contractor under this contract, shall be well and sufficiently given to all persons being the Contractor if given to any one or more of such persons. Any notice, request, or other communication given by any one of such persons to the Engineer under this Contract shall also be given to the Owner and shall be deemed to have been given by and shall bind all persons being the Contractor.

12 - Successors' Obligations

The grants, covenants, provisos and claims, rights, powers, privileges and liabilities obtained in the contract documents shall be read and held as made by and with, and granted to an imposed upon, the Contractor and the Owner and their respective heir, executors, administrations, successors and assigns.

13 - Business License

Contractors and subcontractors shall have a current Occupation Tax Certificate, and shall furnish certificate and license numbers prior to entering into a contract with the Owner.

14 - Obligations and Liability of the Contractor

The Contractor shall do all the work and furnish all the materials, tools, and appliances, except as herein otherwise specified, and everything necessary for properly performing and completing the work required by the Contract, in the manner and within the time specified. He/she shall complete the entire work to the satisfaction of the Owner, and in accordance with the Specifications and Plans herein mentioned, at the prices herein agreed upon and fixed therefore.

All the work, labor and materials to be done and furnished under this Contract shall be done and furnished strictly pursuant to, and in conformity with, the Contract Documents, and the directions of the Engineer as given from time to time during the progress of the work, under the terms of this Contract.

All loss or damage arising out of the performance or nature of the work, or any damage to the work itself to be done under this contract or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the same, or from the action of the elements or from any cause or causes whatsoever, until the same shall have been finally accepted, shall be sustained and paid for by the Contractor.

The Contractor shall coordinate his/her operations with those of any other contractors who may be employed on other work of the Owner and shall avoid interference therewith and cooperate in the arrangements for storage of materials.

The Contractor shall conduct his/her work so as to interfere as little as possible with private business and public travel. He/she shall, at his/her own expense, wherever necessary, or required, maintain fences, furnish watchmen, maintain lights, and take such other precautions as may be necessary to protect life and property.

The Contractor shall take all responsibility for the work done under this Contract, for the protection of the work, and for preventing injuries to persons, and damage to property and utilities on or about the work.

He/she shall in no way be relieved of his/her responsibility by any rights of the Owner, its officers, employees and agents to give permission or issue orders relating to any part of the work, or by any such permission given or orders issued, or by failure of the Owner, its officers, employees and agents to give such permission or issue such orders. The Contractor shall bear all losses resulting to him/her or to the Owner, its officers, employees and agents on account of the amount or character of the work, or because of the nature of the land in or on which the work is done is different from what was estimated or expected, or on account of the weather elements or other causes. The Contractor shall assume the defense of all claims arising out of injury or damage to persons, corporations, or property, whether said claims arise out of negligence or not, or whether said claims are for unavoidable damage or not, and from all claims relating to labor and materials furnished for the work and from all expenses incurred in defending or settling such claims, including reasonable attorney's fees.

The Contractor shall so conduct his/her operations as not to damage existing structures or work installed either by him/her or by other contractors. In case of any such damage resulting from his/her own operations, he/she shall repair and make good as new the damaged portions at his/her own expense.

The Contractor warrants that he/she is familiar with the codes applicable to the work and that he/she has the skill, knowledge, competence, organization, and plant to execute the work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor having the obligation to keep a competent superintendent on the work during its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among his/her employees, the Contractor, himself/herself is responsible for seeing that the work is installed in accordance with the Contract Documents.

Failure or omission on the part of the Owner, representative of the Owner, agents of the Owner, Project Representative, clerk-of-the-works, engineers employed by the Engineer, representatives of the Engineer or the Engineer either to discover or to bring to the attention of the Contractor any deviation from, omission from, or non-compliance with the Contract Documents shall not be set up by the Contractor as a defense of failure to his/her part to install the work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; nor shall the presence of any one, or all, or any of the foregoing at the site of the fact that any one, or all, or any of the foregoing may have examined the work or any part of it be set up as a defense by the Contractor against a claim for failure on his/her part to install the work in accordance with the Contract Documents or for any neglect to fulfill requirements of the Contract. No requirement of this Contract may be altered or waived except in pursuance of a written order of the Owner and in strict accordance with the provisions in the Contract for changes in the work.

15 - Responsibilities of the Contractor

A. Subcontractors, Manufacturers, and Suppliers.

The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of subcontractors, manufacturers, suppliers and their employees.

B. Contractor's Employees.

The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of his/her employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them.

C. Payment For Labor and Materials.

The Contractor shall pay and require his subcontractors to pay any and all accounts for labor including Workers Compensation premiums, State Unemployment and Federal Social Security payments, and other wage and salary deductions required by law. The Contractor also shall pay and cause his/her subcontractors to pay any and all accounts for services, equipment, and materials used by him/her and his/her subcontractors during the performance of work under this contract. Such accounts shall be paid as they become due and payable. If requested by the Owner, the Contractor shall furnish proof of payment of such accounts to the Owner.

D. Attention to Work.

The Contractor, acting through his/her representative, shall give personal attention to and shall manage the work so that it shall be prosecuted faithfully. When his/her representative is not personally present at the project site, his/her designated alternate shall be available and shall have the authority to act on the contract.

E. Employee Safety.

The Contractor alone shall be responsible for the safety of his/her and his/her subcontractor's employees. The Contractor shall maintain the project site and perform the work in a manner which meets the Owner's responsibility under statutory and common law for the provision of a safe place to work.

F. Public Safety and Convenience.

The Contractor shall conduct his/her work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner. Fire hydrants on or adjacent to the work shall be accessible to firefighting equipment. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, private and public driveways, and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses.

G. Cooperation with the Construction Inspector.

The Contractor, when requested, shall assist the Construction Inspector in obtaining access to work which is to be inspected. The Contractor shall provide the Construction Inspector with information requested in connection with the inspection of the work.

16 - Compliance with Laws

The Contractor shall keep himself/herself fully informed of all existing and future State and Federal Laws, all regulations of the various departments or agencies of the State of Georgia, and local ordinances and regulations in any manner affecting those engaged or employed in the work, or the materials used in the work, or in any way affecting the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered, in the Plans, Drawings, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order, or decree, he/she shall forthwith report the same to the Engineer and Owner in writing.

He/she shall at all times observe and comply with, and cause all his/her agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner, its officers, employees and agents against any claim or liability arising from or based upon violation of any such law, ordinance, regulation, order, or decree, whether by himself/herself or his/her employees or any subcontractor.

17 - Plans, Specifications, and Design

The Owner shall furnish plans and specifications which represent the requirements of the work as far as practical to be performed under the Contract. All such drawings and instructions shall be consistent with the Contract Documents. Plans and specifications which represent the work to be done shall be furnished prior to the time of entering into the Contract. The Owner may, during the life of the Contract, and in accordance with

Paragraph 82, issue additional instructions, by means of drawings or otherwise, necessary to illustrate change in the work.

18 - Drawings Furnished

Unless otherwise provided in the Contract Documents, the Owner will furnish to the Contractor, free of charge, up to 1 hard copy and 1 electronic copy of the drawings and specifications necessary for the execution of the work. No separate drawings or plans are provided. All available details are included in the contract documents.

19 - Ownership of Drawings

All drawings, specifications and copies thereof furnished by the Owner shall not be reused on other work, and with the exception of the signed Contract, sets are to be returned to him/her on request, at the completion of the work. All models are the property of the Owner.

20 - Reference Standards

Reference to the Standards of any technical society, organization or association or to codes of local or state authorities, shall mean the latest standard, code, specifications, or tentative standard adopted and published at the date of taking bids, unless specifically stated otherwise.

21 - Division of Specifications and Drawings

Specifications and drawings are divided into groups for the convenience of the Owner. These divisions are not for the purpose of apportioning work or responsibility for work among subcontractors, suppliers, and manufacturers.

22 - Order of Completion

Before starting work and within ten (10) days of issuance of the Notice of Award with the work, the Contractor shall submit to the Engineer a schedule which shall show the order in which the Contractor proposes to carry on the work, indicating the starting and completion dates and locations of the various stages of the work. The schedule shall be in a bar graph form suitable for periodic updating to show actual work completed.

Monthly progress reports shall be delivered with the pay estimate to the Engineer showing the progress of the past months construction in relation to the approved work schedule.

No payments will be made to the Contractor until the construction schedule has been submitted by the Contractor and approved by the Engineer.

If the progress report does not agree with the approved work schedule, the Contractor shall deliver in writing an explanation with the report. Upon request from the Engineer, the Contractor shall submit a revised schedule for approval.

23 - Materials, Appliances & Employees

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, supervision, and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials in accordance with section 49 below.

The Contractor shall at all times enforce strict discipline and good order among his/her employees, and shall seek to avoid employing on the work any unfit person or anyone not skilled in the work assigned to him/her. If at any time before the commencement or during the progress of work, tools, equipment and supervision appear to the Engineer to be insufficient, inefficient or inappropriate to secure the quality of work required or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, to improve their character, to augment their number, or to substitute new tools, plant or equipment, as the case may be, and the Contractor shall conform to such order; but the failure of the Engineer to demand such increase of efficiency, number, or improvements shall not relieve the Contractor of his/her obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by this contract to the satisfaction of the Owner.

24 - Survey Information

Survey work is not required for this project. The Engineer will assist the contractor as necessary to confirm location of mile log references specified in the contract. From the information provided, the Contractor shall develop and make such additional measurements or surveys as are needed for construction, such as control lines, slope stakes, batter boards, stakes for pipe locations and other working points, lines, and elevations. Survey work, if needed or required, shall be performed under the supervision of a licensed land surveyor or registered civil engineer. Contractor shall reestablish reference benchmarks and survey control monuments destroyed by his/her operations at no cost to the Owner.

25 - Project Completion

A. General: If the specifications, the Engineer's or Owner’s instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer notice of its readiness for inspection. Such notice shall be a minimum of two working days. Inspections by the Owner shall be promptly made and where practicable at the source of supply.

If the Engineer instructs the Contractor that inspection of certain phases of the work must be made prior to proceeding, he/she shall furnish such inspection, promptly and in such manner as to allow the Contractor to prosecute the work without delay. At such time as the Contractor has completed the work in its entirety the Contractor shall make written request for a final inspection. Such request shall be made no less than seven

(7) calendar days prior to the requested date of inspection.

An inspection will be made by the Engineer and a determination will be made as to whether or not the work is in fact complete. Acceptance will not be given nor final payment released until all "punch list" items are complete and as-built drawings have been approved. "Punch List" shall not be considered all-inclusive and therefore each requested final inspection may generate additional "punch list" items as the Contractor is responsible for completion of all work described in the contract documents.

B. After the punch list is completed, the Contractor shall submit a final bill to the Engineer for review. If the Contractor does not submit a final bill within Sixty (60) days, the Engineer will notify the Contractor that the Contractor has Sixty (60) more days in which to submit a final bill.

The Contract will be closed and no payment will be due to the Contractor One Hundred Twenty (120) days after the punch list is complete and notification by the Engineer as per above.

26 - Inspection and Testing of Materials

A. Before acceptance of the whole or any part of the work, it shall be subject to tests to determine that the accomplished work is in accordance with the plans and specifications. The Contractor shall be required to maintain all work in a first-class condition for a 30-day operating period after the same has been completed as a whole and the Engineer has notified the Contractor in writing that the work has been finished to his/her satisfaction. The retained percentage as provided herein will not be due or payable to the Contractor until after the 30-day operating period has expired.

B. For all projects involving professionally designed structures falling under the “Special Inspections” requirements of the Georgia State Minimum Standard Building Code (2006 or most recent edition International Building Code) the City of Chatsworth shall be responsible for and pay for all required testing.

On all other projects the Contractor shall be responsible for and pay for all testing in accordance with the project plans and specifications.

Tests for infiltration, line and grade of sewer, hydrostatic and leakage tests on force mains shall be made by the Contractor in the presence of the Engineer.

C. No portion of the work will be accepted for partial or final payment until tests prove it has been satisfactorily completed. All such tests shall be documented, signed by the person conducting the tests and reviewed by the Engineer and approved by the Owner prior to payment.

27 - Substantial Completion

At such time as the Contractor has completed the work and prior to requesting a final inspection, the Contractor shall make written request for an inspection for substantial completion. Such request shall be made no less than seven (7) calendar days prior to the requested date of inspection. An inspection will be made by the Engineer and the Owner and a determination will be made as to whether or not the work is in fact substantially complete and a "punch list" will be developed.