240227 _ Andrews Exterior Stair_Final Spec.pdf

PROJECT MANUAL

Andrews Exterior Stair Project #: 32225-02

Date: February 27, 2024

Prepared For:

College of Coastal Georgia

1 College Dr

Brunswick , GA 31520

Prepared By:

JMA Architecture

1002 Main Street

Perry , GA 31069

Project Team:

Oconee Engineer, LLC

Andrews Exterior Stair Project #: 32225-02

Table of Contents - Page Count 00 01 10

SECTION 00 01 10

TABLE OF CONTENTS

SECTIONS PAGES

COVER & TABLE OF CONTENTS

00 01 01 Project Title

00 01 10 - Table of Contents

DIVISION 01 — GENERAL REQUIREMENTS

01 00 00 - Contract and General Conditions

01 10 00 - Summary

01 25 00 - Substitution Procedures

01 25 01 - Substitution Procedures

01 26 00 - Contract Modification Procedures

01 29 00 - Payment Procedures

01 31 00 - Project Management & Coordination

01 32 00 - Construction Progress Documentation

01 32 33 - Photographic Documentation

01 33 00 - Submittal Procedures

01 33 01 - Electronic Data Transfer Agreement

01 40 00 - Quality Requirements

01 40 01 - Schedule of Special Inspections

01 40 02 - Statement of Special Inspections

01 40 03 - Fabricators Certificate of Compliance

01 40 04 - Final Report of Special Inspections

01 40 05 - Contractors Statement of Responsibility

01 41 05 - Wind and Seismic Statements

01 42 00 - References

01 50 00 - Temporary Facilities and Controls

01 60 00 - Product Requirements

01 73 00 - Execution

01 74 19 - Construction Waste Management & Disposal

01 77 00 - Closeout Procedures

01 78 39 - Project Record Documents

DIVISION 02 — EXISTING CONDITIONS

02 41 19 - Selective Demolition

DIVISION 04 — MASONRY

04 21 13 - Brick

DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES

06 10 00 – Rough Carpentry

DIVISION 07 — THERMAL AND MOISTURE PROTECTION

07 84 13 - Penetration Firestopping

07 92 00 - Joint Sealants

Contract and General Conditions 01 00 00

INVITATION TO BID

The Owner will receive sealed bids from Contractors at the Plant Operations Conference Room, 1 College Drive, Brunswick, GA 31520. Bids must be physically on the table in the Bid Room by 2:00 o’clock, at the time legally prevailing in Atlanta, Georgia on March 28, 2024 for the construction of Andrews Center Exterior Stair, located in Coastal College of Georgia, Brunswick, Georgia. At the time and place noted above, the bids will be publicly opened and announced.

Bidding Documents may be obtained in electronic format (PDF) upon request to the Design Professional

JMA Architecture Contact: Carolyn Bridgers

JMA Architecture Inc.

cbridgers@jmaarch.net

(478) 987-1814

Bidders are cautioned that acquisition of Bidding Documents through any source other than the office of the Design Professional is not advisable. Acquisition of Bidding Documents from unauthorized sources places the bidder at risk of receiving incomplete or inaccurate information upon which to base a bid.

There will be a pre-bid conference held on March 14, 2023, at 10:00 AM EST the Plant Operations Conference Room, 1 College Drive, Brunswick, GA 31520. Attendance at this conference is MANDATORY for any Contractor intending to bid on this project. Others may attend if they so desire.

The Design Professional will send the Bidding Documents, shipping charges collect, as soon as possible after receipt of application and deposit. The full amount of the deposit for one set of Bidding Documents will be refunded upon return of such set in good condition within thirty days after opening of bids. One-half of all other deposits for additional sets of Bidding Documents will be refunded upon return of these additional documents, complete and in good condition, within thirty days after opening of bids.

"Good condition" is defined to require that documents will not have been taken apart or marked in a manner that limits their re-use for construction.

Contract, if awarded, will be on a lump sum basis. No bid may be withdrawn for a period of thirty-five days after time has been called on the date of opening except in accordance with the provisions of Georgia law. Bids must be accompanied by a Bid Bond made payable to the Owner in an amount equal to not less than five percent of the Bid. Both a performance bond and a payment bond will be required, each in an amount equal to 100 percent of the Contract Sum prior to execution of contract.

The Owner reserves the right in its sole and complete discretion to waive technicalities and informalities. The Owner further reserves the rights in its sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget.

The Owner anticipates that the contract will be awarded to the responsive and responsible bidder who provides the lowest bid within the budget. In judging whether the bidder is responsible, the Owner will consider, but is not limited to, the following:

• Whether the bidder or its principals are currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority;

• Whether the bidder or its principals have been terminated for cause or are currently in default on a public works contract;

• Whether the bidder can demonstrate sufficient cash flow to undertake the project as evidenced by a Current Ratio of 1.0 or higher;

• Whether the bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an Experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and

• Whether the bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the bidder’s contract obligations.

In the event all responsive and responsible bids are in excess of the budget, the Owner, in its sole and absolute discretion and in addition to rejecting all bids, reserves the right either to supplement the budget or to negotiate with the lowest responsive and responsible bidder (after all deductive alternates are taken) but only for the purpose of making changes to the project that will result in a cost to the Owner that is within the budget, as it may be supplemented.

BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA

BY: SANDRA LYNN NEUSE, VICE CHANCELLOR FOR REAL ESTATE & FACILITIES

[Remainder of Page Intentionally Left Blank]

INSTRUCTIONS TO BIDDERS

1. Basis of Contract. Contract, if awarded, will be on a lump sum basis and will be substantially in accordance with the Contract shown on pages Contract – 1 to Contract – 4.

2. Examination of Site. In undertaking the work under this Contract, the Contractor acknowledges that he has visited the Project Site and has taken into consideration all observed conditions that might affect his work.

3. Surety and Insurance Companies. The Contract provides that the surety and insurance companies must be acceptable to the Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the Owner. At the time of issuance, all insurance and bonds must be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. Such company shall be an insurer (or, for qualified self-insurers or group self-insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength Rating of "A-" or better and with an A.M. Best Financial Size Category of Class V or larger.

4. Bidding Documents. The Bidding Documents comprise the Construction Documents, the Invitation to Bid, the Instructions to Bidders, the Bid Form, and all Addenda, upon which the bidder submits a bid.

5. Addenda. All Addenda issued prior to bid date adjust, modify, or change the drawings and specifications as set forth in the Addenda. No Addenda will be issued within five days of the date set for opening bids without an extension of the bid date. All such Addenda are part of the contract.

6. Interpretations. No oral interpretation will be made to bidders as to the meaning of the drawings and specifications. Requests for interpretation of drawings and specifications must be made in writing to the Design Professional not later than six days prior to the date set for receipt of the bids. Failure on the part of the successful bidder to request clarification shall not relieve him as Contractor of the obligation to execute such work in accordance with a later interpretation by the Design Professional. All interpretations made to bidders will be issued in the form of Addenda to the plans and specifications and will be sent to all plan holders of record. Acknowledgement of receipt of such Addenda shall be listed in the Bid Form by the Contractor.

7. Alternates. Unless otherwise stipulated, all alternate bids are deductive. It is in the best interest of the public, and the intent of the Owner is, that the entire Project be constructed within the funds allocated in the Project budget. The acceptance of any deductive alternate will be utilized as a last resort to accomplish the Project without requiring a redesign and rebidding of the Project. Any alternate, or alternates, if taken, will be taken in numerical sequence to the extent necessary.

8. Sales Tax. Unless otherwise provided for in the Contract Documents, the Contractor shall include in his bid all sales taxes, consumer taxes, use taxes, and all other applicable taxes that are legally in effect at the time bids are received.

9. Trade Names, Specifications.

(a) No Restriction of Competition. When reference is made in the Contract Documents to trade names, brand names, or to the names of manufacturers, such references are made solely to indicate that products of that description may be furnished and are not intended to restrict competitive bidding. If it is desired to use products of trade or brand names or of manufacturers’ names that are different from those mentioned in the Bidding Documents, application for the approval of the use of such products must reach the hands of the Design Professional at least ten days prior to the date set for the opening of bids (see 9(b) below). This provision applies only to the party making a submittal prior to bid. If approved by Design Professional, the Design Professional will issue an addendum to all bidders. This provision does not prevent the Owner from initiating the addition of trade names, brand names, or names of manufacturers by addendum prior to bid.

(b) Request for Approval of Substitute Product. All requests for approval of substitution of a product that is not listed in the Bidding Documents must be made to the Design Professional in writing. For the Design Professional to prepare an addendum properly, an application for approval of a substitute product must be accompanied by a copy of the published recommendations of the manufacturer for the installation of the product together with a complete schedule of changes in the drawings and specifications, if any, that must be made in other work in order to permit the use and installation of the proposed product in accordance with the recommendations of the manufacturer of the product. The application to the Design Professional for approval of a proposed substitute product must be accompanied by a schedule setting forth in which respects the materials or equipment submitted for consideration differ from the materials or equipment designated in the Bidding Documents.

(c) Burden of Proof. The burden of proving acceptability of a proposed product rests on the party making the submission.

Therefore, the application for approval must be accompanied by technical data that the party requesting approval desires to submit in support of its application. The Design Professional will consider reports from reputable independent testing laboratories, verified experience records showing the reputation of the proposed product with previous users, evidence of reputation of the manufacturer for prompt delivery, evidence of reputation of the manufacturer for efficiency in servicing its products, or any other written information that is helpful in the circumstances. The degree of proof required for approval of a proposed product as acceptable for use in place of a named product or named products is that amount of proof necessary to convince a reasonable person beyond all doubt. To be approved, a proposed product must also meet or exceed all express requirements of the Contract Documents.

(d) Issuance of Addenda. If the Design Professional approves the submittal, an addendum will be issued to all prospective bidders indicating the approval of the additional product(s). Issuance of an addendum is a representation to all bidders that the Design Professional in the exercise of his professional discretion established that the product submitted for approval is acceptable and meets or exceeds all express requirements. If a submittal is initially rejected by the Design Professional, but determined to be acceptable to Design Professional after a conference with the Owner, an addendum covering the said submittal will be issued prior to the opening of bids. The successful bidder may furnish no products of any trade names, brand names, or manufacturers' names except those designated in the Contract Documents unless approvals have been published by addendum in accordance with the above procedure. Oral approvals of products are not valid.

(e) Conference with the Owner. Any party who alleges that rejection of a submittal is the result of bias, prejudice, caprice, or error on the part of the Design Professional may request a conference with a representative of the Owner, provided: that the request for said conference, submitted in writing, shall have reached the Owner at least six days prior to the date set for the opening of bids, time being of the essence.

10. Employment of Georgia Citizens and Use of Georgia Products. The work provided for in this Contract is to be performed in Georgia. It is the desire of the Owner that materials and equipment manufactured or produced in Georgia shall be used in the work and that Georgia citizens shall be employed in the work at wages consistent with those being paid in the general area in which the work is to be performed. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work; nor shall the fulfillment of this desire be asserted by the Contractor as an excuse for any noncompliance or omission to fulfill any obligation under the contract.

11. Trading with the State Statutes, Ethics. By submitting a bid, the bidder certifies that the provisions of law contained in O.C.G.A. Sections 45-10-20 to 45-10-71, which prohibit officials and employees of the state from engaging in certain transactions with the state and state agencies, and the Governor’s Executive Orders governing ethics, have not and will not be violated in any respect in regard to this contract and further certifies that registration and all disclosures required thereby have been complied with.

12. Georgia Security and Immigration Compliance Act Requirements. No bid will be considered unless the Contractor certifies its compliance with the Immigration reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security Immigration Compliance Act OCGA 13-10-91 et seq. The Contractor shall execute the Georgia Security and Immigration Compliance Act Affidavit, as found in Section 7 of the Construction Contract. Contractor also agrees that it will execute any affidavits required by the rules and regulations issued by the Georgia Department of Audits and Accounts. If the Contractor is the successful bidder, contractor warrants that it will include a similar provision in all written agreements with any subcontractors engaged to perform services under the Contract.

13. Owner’s Policy Statement. The policy of the Owner is that minority business enterprises shall have the maximum opportunity to participate in the Owner’s purchasing process. The Owner encourages all minority business enterprises to compete for, win, and receive contracts for goods, services, and construction. In addition, Georgia law provides a state income tax credit available to any business that subcontracts with a minority-owned business. [See O.C.G.A. §48-7-38 and O.C.G.A. §50-5-130. See also Executive Order of the Governor No. A-11-0002-1992.] Any questions regarding statements contained hereunder should be directed to {Name, Address, and Telephone Number of Designee, as described in the box below}.

14. Bids.

(a) Bid Opening. Bids will be opened and announced as stated in the Invitation to Bid.

(b) Bid Submission. All bids must be submitted on the Bid Form as attached hereto and must be signed, notarized, and sealed by a notary public. All blanks for information entry in bid forms submitted to Owner should be filled. Blanks left unfilled constitute irregularities in the bid and place the bidder at risk of having the bid rejected unless the Owner rules the irregularity to be an informality or technicality that the director can waive, as is made clear in Paragraph 16 of these “Instructions to Bidders” and on the Bid Form. Numbers shall be written in English words and in Arabic numerals. The inclusion of any condition, alternate, qualification, limitation, or provision not called for shall render the bid nonresponsive and shall be sufficient cause for rejection of a bid.

(c) Bid Security. Bids must be accompanied by a Bid Bond made payable to the Owner in an amount not less than five percent of the Bid. Bid Bonds should be furnished on forms accepted as standard by the insurance industry, but shall be substantially in accordance with the Bid Security Form attached hereto.

(d) Delivery of Bids. Bids are to be addressed to the Owner, at the address and room number shown in the Invitation to Bid.

Bids must be enclosed in an opaque, sealed envelope; marked with the Bid Date, Bid Time, Bid Number, Name of Project;

and identified with the words "Bid for Construction.” Bids must be placed in the hands of the Owner at the specified location by not later than the hour and date named in the Invitation to Bid. After that time, no bids may be received. It is the sole responsibility of the bidder to ensure the delivery of the bids to the required address.

(e) Alternates. A bid must be submitted for all alternates. Failure to so may render the bid nonresponsive and be sufficient cause for rejection of a bid.

(f) Withdrawal of Bids. Bids may be withdrawn by bidders prior to the time set for official opening. After time has been called, no bid may be withdrawn for a period of thirty-five days after the time and date of opening except as provided in O.C.G.A Section 13-10-22 (appreciable error in calculation of bid). Negligence or error on the part of any bidder in preparing his bid confers no right of withdrawal or modification of his bid after time has been called except as provided by Georgia law.

15. Contract Award. Award shall be made on a lump sum basis to the lowest responsive and responsible bidder. The lowest bid will be the bid whose price, after incorporating all accepted alternates, is the lowest responsive bid that was received from a responsible bidder. No bid may be withdrawn for a period of thirty-five days after time has been called on the date of opening except in accordance with the provisions of law.

16. Owner’s Rights Concerning Award. The Owner reserves the right in its sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right in its sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended. In judging whether the bidder is responsible, the Owner will consider, but is not limited to consideration of, the following:

(a) Whether the bidder or its principals are currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority;

(b) Whether the bidder or its principals have been terminated for cause or are currently in default on a public works contract;

(c) Whether the bidder can demonstrate sufficient cash flow to undertake the project as evidenced by a Current Ratio of 1.0 or higher;

(d) Whether the bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an Experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and

(e) Whether the bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the bidder’s contract obligations.

17. Owner’s Right to Negotiate with the Lowest Bidder. In the event all responsive and responsible bids are in excess of the budget, the Owner, in its sole and absolute discretion and in addition to the rights set forth above, reserves the right either to

(i) supplement the budget with additional funds to permit award to the lowest responsive and responsible bid, or (ii) to negotiate with the lowest responsive and responsible bidder (after taking all deductive alternates) only for the purpose of making changes to the Project that will result in a cost to the Owner that is within the budget, as it may be amended.

18. Contract Forms. The contract forms, including the payment and performance bonds, shall be as set forth in the General Conditions, Section 7 – Forms.

BID REQUIREMENTS

BID FORM

To: Owner

Re: Project No., Name

Bid Date: March 28, 2024

THE BID:

Bid. Having carefully examined the Specifications entitled Andrews Center Exterior Stair , the Bidding Documents, Drawings:

dated 02.27.24 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.

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.

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 60 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.

STATEMENT OF BIDDER'S QUALIFICATIONS:

(To be subscribed and sworn to before a notary public.)

The bidder submits the following statement of bidder’s qualifications for consideration by the Owner.

Bidder’s Name:

LEGAL NAME OF BUSINESS

Bidder’s Address:

LEGAL BUSINESS ADDRESS (NO P.O. BOX, MUST BE PHYSICAL ADDRESS)

CITY STATE ZIP

MAILING ADDRESS IF DIFFERENT FROM ABOVE

Telephone Number:

AREA CODE NUMBER

POC Email:

The full names of persons and firms interested in the foregoing bid as principals are as follows:

(1) _

Circle One: President Partner Owner Other

(2) _ Circle One: Vice President Secretary Partner Other

(3) _ Circle One: Vice President Secretary Partner Other

Note: If incorporated: The names of both the President and Corporate Secretary must be indicated. If a partnership, all partners must be indicated.

Social Security Number or FEIN:

Contractor’s Georgia License Type and Number:

Contractor’s Federal Employment Verification Certification: (Must include completed Contractor Affidavit as found in Section 7 of the Contract)

The Contractor is registered with, authorized to use, is using and will continue to use, the federal work authorization program throughout the term of the contract, and holds the following authorization:

User Identification Number:

Date of Authorization:

State Where Organized or Incorporated:

Plan of Organization: (Circle One) Proprietorship Corporation Partnership Joint Venture Other (Describe)

Years Engaged in Construction Contracting in Present Firm Organization: years.

Bidder Hereby Certifies that bidder:

a. Has never refused to sign a contract at the original bid on a public works contract except as allowed under Georgia law.

b. Has never been terminated for cause on a public works contract.

c. Has had no (criminal or felony) convictions, suspensions, or debarments of the bidder, its officers, or its principals for building code violations, bid rigging, or bribery in the last ten years.

d. Is not and its organization or its principals are not debarred, suspended, declared ineligible, or otherwise excluded by any Federal or State department or agency from doing business with the Federal Government or a State.

e. Has insurance required by the Contract Documents in place or has arranged to obtain it from an insurer authorized to do business in the State of Georgia.

f. Has sufficient bonding capacity to obtain a payment and performance bond from a surety meeting the requirements of the Contract Documents and authorized to do business in the State of Georgia.

g. Has sufficient cash flow to perform this Project.

Remarks or explanations of the above paragraphs a through g:

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 Statement of Bidder’s Qualifications is true and correct, including any explanation above and submitted under oath.

BY:

Authorized Signature (BLUE INK PLEASE)

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.

Statistical Information. This request is made for statistical purposes only.

PLEASE INDICATE BELOW WHICH OF THE FOLLOWING DESCRIPTIONS APPLY TO YOUR COMPANY:

MINORITY BUSINESS ENTERPRISE (MBE) – One of the following statements describes this business: a) Owned by a member of a minority race; or b) a partnership of which a majority of interest is owned by one or more members of a minority race;

or c) a public corporation of which a majority of the common stock is owned by one or more members of a minority race. A member of a minority race is defined as a person who is a member of a race that comprises less than fifty percent of the total population of the State of Georgia. For recordkeeping purposes, this includes, but is not limited to, persons who are Black, Hispanic, Asian- Pacific American, Native American, or Asian-Indian American.

GEORGIA MINORITY BUSINESS ENTERPRISE (GMBE) – Business meets the definition of a minority-owned business and, in addition, meets the following criteria: a) was organized in the State of Georgia; or b) reports income from the business for Georgia Income Tax purposes; or c) minority stockholders report earnings for Georgia Minority Business Enterprise.

NEITHER DESCRIPTION APPLIES TO YOUR COMPANY.

NOTE TO CONTRACTOR: Use of Surety’s standard Bid Bond form is acceptable as long as it substantially complies with the following:

BID REQUIREMENTS

BID SECURITY FORM

KNOW ALL BY THESE PRESENT, That we, {Insert Contractor’s Legal Name and Address} as Principal, hereinafter called the Principal, and {Insert Legal Name and Address of Surety}, a corporation duly organized under the laws of the State of {Insert State of Corporate Organization}, as Surety, hereinafter called the Surety, are held and firmly bound unto:

OWNER:

Attention:

Phone Number:

Facsimile Number:

as Obligee, hereinafter called the Obligee in the sum of (Not less than five percent of the Bid) Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid for ;

{Insert Owner’s Project Number and Project Description}

NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and (1) the Principal shall enter into a Contract with the Obligee in accordance with the terms of such Bid, and the Principal shall execute the Contract and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) in the event of the failure of the Principal to enter such Contract and give such bond or bonds, and the Principal shall pay to the Obligee the difference not to exceed the difference hereof between the amount specified in said Bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said Bid; then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this Day of , 20

Name of Contractor:

Principal

Witness By: (Seal)

Title

Name of Surety:

Surety

Witness By: (Seal) (*)

(*) Attach Power of Attorney

GENERAL CONDITIONS

TABLE OF CONTENTS

SECTION 1 – GENERAL

Part 1 – General Provisions

1.1.1 – General Matters

1.1.2 – Project Team, Cooperation, Partnering

1.1.3 – Constitutional Principles Applicable to State Public Works Projects.

1.1.4 – Third Party Beneficiary

1.1.5 – Notice

1.1.6 – Liquidated Damages

1.1.7 – Documents

1.1.8 – Defined Terms

1.1.9 – Basic Definitions

Part 2 – Contractor’s General Responsibilities and Duties.

1.2.1 – Contractor’s General Responsibilities

1.2.2 – Contractor’s General Duties

1.2.3 – Audit

1.2.4 - Employment of Georgia Citizens and Use of Georgia Products and Georgia Forest Products

Part 3 – Owner’s General Responsibilities and Rights.

1.3.1 – Owner’s Representative

1.3.2 – Design Professional

1.3.3 – Permits, Licenses, and Inspections

1.3.4 – Testing

1.3.5 – No Partial Occupancy

1.3.6 – Disqualification of Potential “Pre-Qualified” Subcontractors

1.3.7 – Owner’s Right to Perform Work

Part 4 – Protection of Persons and Property

1.4.1 – Reasonable Precautions

1.4.2 – Duty to Protect Property

1.4.3 – Safety Precautions

1.4.4 – Emergencies

1.4.5 – Fire Protection

1.4.6 – Remedy Damages

1.4.7 – Written Program

Part 5 – Bonds, Indemnity, and Insurance

1.5.1 – Bonds

1.5.2 – Liability and Indemnification

1.5.3 – Insurance Requirements

Part 6 – Hazardous Conditions and Materials

1.6.1 – Hazardous Materials

1.6.2 – Responsibility and Warranty of Subcontractors, Trade Contractors, and Suppliers

1.6.3 – Hazardous Materials and Substances Used on the Job Site

1.6.4 – Hazardous Conditions

Part 7 – Miscellaneous Provisions

1.7.1 – Legal Compliance

1.7.2 – Surveys, Permits and Regulations

1.7.3 – Open Records Act

1.7.4 – Use of Project Site

1.7.5 – Office for Contract Compliance Specialist (CCS)

1.7.6 – Utilities

1.7.7 – Royalties and Patents

1.7.8 – Separate Contracts

1.7.9 – Minority, Women and Disadvantaged Business Participation

1.7.10 – Assignment

1.7.11 – Interpretation of Contract Documents.

1.7.12 – Counterparts

1.7.13 – Forms and Specimens

1.7.14 – Entire Agreement

SECTION 2 – PRE-COMMENCEMENT PHASE

Part 1 – Pre-commencement Phase Services

2.1.1 – Pre-commencement Coordination

2.1.2 – Construction Preparation Period

2.1.3 – Construction Management Plan

2.1.4 – Quality Control Program

2.1.5 – Construction Progress Schedule, Overall Project Schedule

2.1.6 – Progress Reports and Information

2.1.7 – Rental Rates and Wage Rates for Change Orders

2.1.8 – Unit Prices

2.1.9 – Building Commissioning Services

Part 2 – Construction Documents and Site Plan

2.2.1 – Contract Documents

2.2.2 – Documents at the Project Site

2.2.3 – Submittals

2.2.4 – Manufacturer’s Recommendations

2.2.5 – Site Plan

2.2.6 – Geological and Archaeological Specimens

SECTION 3 – CONSTRUCTION PHASE

Part 1 – Construction Phase Services

3.1.1 – Basic Construction Services

3.1.2 – Measurements and Dimensions

3.1.3 – Rain Water, Surface Water, and Back-up

3.1.4 – Dust Control

3.1.5 – Cutting, Patching and Fitting

3.1.6 – Space Conditions

3.1.7 – Cleaning Up

3.1.8 – Duty of Contractor to Report Defects

3.1.9 – Duty of Contractor to Report Conflicts

Part 2 – Changes to the Work

3.2.1 – Acknowledgement of Existing physical Conditions

3.2.2 – Owner’s Right to Make Changes

3.2.3 – Changes Forbidden without Consent of Owner

3.2.4 – Form and Execution of Change Orders

3.2.5 – All Cost and Time Impacts to be Included

3.2.6 – Changes in Contract Time

3.2.7 – Determining the Cost to Owner for Changes

3.2.8 – Cost Allowable for Changes to the Work, Allowances for Contractor, and Permissible Expenditures

3.2.9 – Allowable Costs for Changes to the Work

3.2.10 – Costs Not Allowable for Changes in the Work

3.2.11 – Change Order Formats (Lump Sum, Force Accounts, Indeterminate Unit Pricing)

3.2.12 – Changes Due to Subsurface or Other Unforeseen Conditions

3.2.13 – Compensable Rock

3.2.14 – Claims for Extended General Conditions Costs

3.2.15 – Release of Claims

3.2.16 – Sole Source Designation

Part 3 – Time.

3.3.1 – Time is of the Essence

3.3.2 – Competent Management of Time

3.3.3 – Contract Time

3.3.4 – Commencement, Prosecution, and Completion

3.3.5 – Construction Progress Schedule (Overall Project Schedule)

3.3.6 – Completion Date

3.3.7 – General Rule – No Damages for Delay

3.3.8 – Exception to General Rule – Compensable Delay

3.3.9 – Non Compensable Delay

3.3.10 – Submission of Claims for Compensable Delay and to Extend the Material Completion and Occupancy Date

3.3.11 – Recovery of Schedule Delays

Part 4 – Correcting the Work, Inspections, Covering and Uncovering Work

3.4.1 – Correcting the Work

3.4.2 – Inspections

3.4.3 – Covering and Uncovering Work

3.4.4 – Inspection Does Not Relieve Contractor Part 5 – Subcontractors, Trade Contractors, and Suppliers

3.5.1 – Subcontractors, Trade Contractors, and Suppliers

3.5.2 – Representation of Contractor

3.5.3 – Contractor Responsible for Acts and Omissions

3.5.4 – No Contract between Owner and Subcontractors, Trade Contractors, and Suppliers.

3.5.5 – Relationship of Contractor and Subcontractors, Trade Contractors, and Suppliers

SECTION 4 - COMPENSATION

Part 1 – General.

4.1.1 – Payments

4.1.2 – Application for Payments

4.1.3 – Processing of Application for Payment (Periodical Estimates)

4.1.4 – Effect of Design Professional’s Certificate an Application for Payment.

4.1.5 – Payment Due

4.1.6 – Payment Due Dates and Interest

4.1.7 – Payments for Change Order Work

Part 2 – Payments Withheld

4.2.1 – Payments Withheld

Part 3 – Liens

4.3.1 – Public Property Not Subject to Lien

4.3.2 – Notice of Commencement

4.3.3 – Release of Liens

SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES, AND TERMINATION

Part 1 - Owner’s Right to Suspend or Stop Work

5.1.1 – Owner’s Right to Suspend Work

5.1.2 – Owner’s Right to Stop Work

5.1.3 – Owner’s Rights Independent from Rights and Duty of the Design Professional

Part 2 – Contract Adjustments and Disputes

5.2.1 – General Provisions

5.2.2 – General Claims for Contract Adjustments and Disputes

5.2.3 – Dispute Resolution

5.2.4 – Certain Claims Excluded From General Claims

Part 3 – Termination

5.3.1 – Owner’s Right to Terminate Contract for Convenience

5.3.2 – Owner’s Right to Declare Default and/or Terminate Contract for Cause

5.3.3 – Contractor’s Right to Terminate

5.3.4 – Limitation of Payments

5.3.5 – Termination by Owner for Abandonment by Contractor

5.3.6 – Notices of Termination

SECTION 6 – PROJECT COMPLETION

Part 1 – Material Completion

6.1.1 – Material Completion

6.1.2 – Effect of Achieving Material Completion

6.1.3 – Effect of Failure to Achieve Material Completion

Part 2 – Final Completion

6.2.1 – Final Completion

6.2.2 – Effect of Achieving Final Completion

6.2.3 – Effect of Failure to Achieve Final Completion

Part 3 – Inspections for Completion of the Work

6.3.1 – General Responsibility of the Contractor for Inspection

6.3.2 – Notice of Readiness for Inspection for Material Completion

6.3.3 – Conducting the Inspection for Material Completion

6.3.4 – Notification of Using Agency of Site Visits by the Contractor or Subcontractors

6.3.5 – Notification of Readiness for Interim Inspection for Punchlist Completion

6.3.6 – Conducting the Interim Inspection for Punchlist Completion

6.3.7 – Conducting the Inspection for Final Completion

Part 4 – Final Documents

6.4.1 – Final Documents

6.4.2 – Presentation of Final Documents

6.4.3 – Keys Part 5 – Payment for Material Completion and for Final Payment

6.5.1 – Payment for Material Completion

6.5.2 – Application for Payment for Material Completion

6.5.3 – Release of Contractor’s Retainage

6.5.4 – Effect of Payment for Material Completion and Release of Claims

6.5.5 – Final Payment

6.5.6 – Effect of Final Payment and Release of Claims

Part 6 – Correction of the Work after Final Payment

6.6.1 – Non-Compliant or Defective Work

6.6.2 – Warranty and Guaranty

6.6.3 – Warranty Complaint Item Procedure

SECTION 7 – FORMS

Performance Bond Payment Bond Georgia Security and Immigration Compliance Act Affidavit(s) Sub-Subcontractor Affidavit Non-Influence Affidavit Statutory Affidavit Five Year Bond on Roofs and Walls Specimen Certificate of Manufacturer Certificate of Insurance Bond to Discharge Claim Change Order Forms Application for Payment Form Subcontractor Retainage Release Certificate Final Certification of Costs

SUPPLEMENTARY GENERAL CONDITIONS

IV

DBB CONSTRUCTION CONTRACT

GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

SECTION 1 – GENERAL

PART 1 – GENERAL PROVISIONS

1.1.1 General Matters.

1.1.1.1 This Contract and Affiliated Agreements – Requirement for Written Agreements. This Contract and all Affiliated Agreements, including any subsequent modifications, must be in writing, dated, and executed by the parties.

Affiliated Agreements, including financial arrangements with respect to this Project, must be promptly and fully disclosed to the Owner upon their execution or modification.

1.1.1.2 Basic Statement of Owner Objectives. The Owner’s basic objectives are the construction of the Project within the limits of the funds available to Owner for construction of the Project, and in accordance with the approved Construction Documents.

1.1.1.3 Project Team. To accomplish Owner’s objectives, Owner intends to employ a team concept in connection with the construction of the Project. The basic roles and general responsibilities of team members are set forth in general terms below but are more fully set forth in the Design Professional Contract with respect to the Design Professional, in the Program Management Agreement with any Program Manager, and in this Contract with respect to the Contractor.

1.1.1.3.1 Relationship of Parties. The Owner and the Contractor agree to proceed with the Project on the basis of trust, good faith, and fair dealing and to cooperate fully with each other. The Owner and the Contractor shall do all things reasonably necessary to perform this Contract in an economical and timely manner, including without limitation, consideration of design modifications to enhance constructability and alternative materials or equipment, if considered necessary or convenient by the Owner. The Contractor agrees to procure or furnish, as permitted by the laws of Georgia, all Pre-Commencement phase services and construction phase services as set forth herein. The Owner shall endeavor to promote harmony and cooperation among the Owner, Program Manager, Design Professional, the Using Agency, Contractor and other persons or entities employed by the Owner for the Project.

1.1.1.3.2 Design Professional. The Design Professional is retained in accordance with the Design Professional Contract (i) for the design and preparation of Construction Documents that are necessary to implement the Program governing the construction of the Project or Components thereof, and the design and preparation of any necessary documents antecedent to preparation of such Construction Documents, or (ii) for construction contract administration of the Work under Contract Documents, or (iii) for both. The Contractor acknowledges and agrees that the Contract Documents are addressed to skilled tradesmen in the construction profession who shall be required to use their special skills and experience, through submittals and shop drawings, to translate the Design Professional’s design intent as expressed in the Contract Documents into a completed structure. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant.

1.1.1.3.2.1 The basis of the Owner's engagement of the Design Professional is the "Design Professional Contract.” The Contractor is advised that both the Owner and the Design Professional have on file, at their respective places of business, copies of that executed agreement. The Design Professional is not the agent of the Owner, except to the extent so specified in writing, but is employed as a consultant to the Owner to assist the Owner in determining if the conditions of the contract have been met. All decisions of the Design Professional on matters of aesthetics are final, conclusive, and binding on all parties if consistent with the requirements of the Contract Documents.

1.1.1.3.2.2 The Contractor promptly shall request and review a copy of the Design Professional Contract during the Pre-commencement Phase and shall become familiar with the respective services, authorities, obligations, and responsibilities of the parties therein. Contractor agrees to develop a working relationship with the Design Professional to effectuate the purposes of the Project in accordance with the terms of this Contract and with consideration of the Design Professional’s responsibilities under the Design Professional Contract.

1.1.1.3.2.3 The Contractor acknowledges that the respective contracts require the Owner and the Design Professional to proceed with the Project on the basis of trust, good faith, and fair dealing, and they will take all actions reasonably necessary to ensure the Project proceeds to completion within the Owner's time and budgeting constraints. The Contractor also acknowledges that the Design Professional is to perform all tasks and services required of it under the Design Professional Contract. The Contractor further acknowledges that, in order for the Design Professional to perform its obligations, the Design Professional requires certain materials, information, or other submissions pursuant to the Contract Documents from the Contractor. The Contractor agrees to provide the Design Professional with the submittals required by the Contract Documents. The Contractor further agrees to cooperate with the Design Professional to ensure timely completion of all obligations under this Contract to complete the entire Project.

1.1.1.3.2.4 Contractor agrees that the services provided by the Design Professional under the Design Professional Contract are intended to coordinate and complement, but not to diminish, alter or substitute for, any of the services, authority, obligations, or responsibilities of the Contractor under this Contract. Contractor further agrees that the performance of services by the Design Professional in connection with the Project shall in no way relieve Contractor from any of its services, authority, obligations, or responsibilities under this Contract, and shall not alter or diminish those services, authority, obligations, or responsibilities in any way whatsoever.

1.1.1.3.3 Program Manager. Owner may designate a Program Manager to administer the Project and this Contract. In lieu of a Program Manager, Design Professional may be designated to perform the role of Program Manager. The Program Manager may also be designated as the Owner’s Representative, and if no Owner’s Representative is designated, the Program Manager shall be the Owner’s Representative.

1.1.1.3.4 Owner's Representative. Owner shall from time to time in writing designate one person as Owner's Representative under this Contract. Owner may designate the Program Manager, if any, as the Owner’s Representative. Owner's Representative so designated in writing shall serve as Owner's Representative under this Contract unless or until Owner gives notice in writing of the appointment of his successor. Owner or Owner's Representative may designate in writing assistants to serve as Owner's Representative with respect to the Project governed by this Contract or in different phases or in specific areas of responsibility with respect to the Project. All requests for consents and approvals required of Owner in connection with the Project, whether by Program Manager, Design Professional, or Contractor, shall be submitted to Owner's Representative, or if the matter is within the written designation of authority of his assistant, to his designated assistant. Design Professional and Contractor may rely upon written consents and approvals signed by the Owner's Representative, or his designated assistant acting within the scope of his written designation, as the consent and approval of Owner.

1.1.1.3.5 Using Agency, Using Agency’s Representative. The Project is intended for the benefit of the Using Agency. A copy of all matters submitted to Owner shall also be submitted to Using Agency for Using Agency’s information. The Using Agency may designate one or more representatives to participate with Owner in Owner’s activities under this Contract. Neither the Using Agency nor any representative of Using Agency shall have any authority to act for or in the name of the Owner. Participation in the Project by Using Agency or its representative(s) shall be solely advisory to the Owner. The Program Manager, Design Professional, Contractor, or any Separate Contractor must not act or rely solely upon any directive, interpretation, decision, act, or omission of Using Agency or the Using Agency’s Representative.

1.1.1.3.6 Owner’s Construction Inspector. Owner may from time to time in writing designate a person or firm as Owner's Construction Inspector under this Contract. The Owner’s Construction Inspector may be hired by Owner or hired under the Program Manager’s Contract or the Design Professional’s Contract and shall provide inspection services of the Work on behalf of the Owner. The presence of an Owner’s Construction Inspector does not relieve the Contractor of any of its responsibilities for quality control and independent testing set forth in the General Requirements. The Owner’s Construction Inspector has the authority to report any deviations from the Contract Documents directly to the Contractor’s superintendent at the job site for immediate action, and also to report same to the Program Manager or Design Professional, and Owner.

1.1.1.3.7 Representatives. The designated representatives of the Contractor and the Owner shall have full authority to act (other than for the receipt of notices that must be given as specified in Paragraph 1.1.5) in matters relating to this Contract until notice is given that such authority has been revoked.