24079 Project Manual.pdf

Set No.

HJ 24079

RANDOLPH COUNTY PAVEMENT STRIPING

for:

Randolph County Board of Commissioners

Randolph County, Georgia

August 12, 2024

Date of Opening:

Projects:

Project No.:

County:

Contract Description:

SEPTEBMER 10, 2024 2:00 PM

1. Trinity Church Road

2. Rigsby Road

3. Odom Road

4. Vilulah Church Road

5. Mt. Hebron Road

6. Hunters Ridge Road

24079

Randolph

19.80 ROAD MILES OF STRIPING IN RANDOLPH COUNTY,

GEORGIA

HARRELL & JACKSON INC.

P.O. BOX 7290

TIFTON, GEORGIA 31793

(229) 382‐1700 PHONE

(229) 891‐5559 CELL

www.harrelljacksoninc.com

LANGFORD & ASSOCIATES, INC.

3054 CALHOUN STREET, P.O. BOX 240

SHELLMAN, GEORGIA 39886

(229) 679‐5072 PHONE

(229) 679‐2160 FAX

www.langfordandassociates.com

PREPARED BY:

P R O J E C T M A N U A L

PROJECT MANUAL

FOR

THE RANDOLPH COUNTY BOARD OF COMMISSIONERS

PROJECT NO. HJ 24079

RANDOLPH COUNTY, GEORGIA

August 12, 2024

Prepared by Harrell & Jackson Inc.

P.O. Box 7290 Tifton, Georgia 31793

(229) 382-1700 office

(229) 891-5559 cell www.harrelljacksoninc.com

Langford & Associates, Inc.

3054 Calhoun Street

P.O. Box 240 Shellman, Georgia 39886

(229) 679-5072 phone www.langfordandassociates.com

TABLE OF CONTENTS

SECTION PAGES

1.1 Advertisement 3 thru 4

1.2 Information for Bidders 5 thru 7

1.3 Proposal (including inserted Bid Schedule) 8 thru 9

1.4 Contract 10 thru 12

1.5 Bid Bond 13 only

1.6 Performance Bond 14 thru 15

1.7 Labor and Materials Payment Bond 16 thru 17

2.1 General Conditions of the Contract 18 thru 35

3.1 Special Conditions 36 thru 37

Division 1 - General Requirements:

01010 Summary of Work 01010-1 thru 01010-2 01150 Measurement and Payment 01150-1 only 01200 Pre-Construction Conference 01200-1 only 01530 Traffic Control and Barricades 01530-1 only 01700 Project Closeout 01700-1 thru 01700-2 01710 Cleaning 01710-1 only

Construction Details:

Project Location Map

2. Rigsby Road

3. Odom Road

4. Vilulah Road

GDOT:

GDOT Specification Section 150 – Traffic Control

SECTION 1.1

ADVERTISEMENT

1.1.01 RECEIPT OF PROPOSALS: Sealed Proposals on forms prepared by Harrell & Jackson Inc., hereafter referred to as the Engineer, will be received by the Randolph County Board of Commissioners in the Courtroom at 51 Court Street P.O. Box 221, Cuthbert, Georgia 39840 until 2:00 PM (local time) on September 10, 2024, for the construction of:

19.80 ROAD MILES OF STRIPING ON:

3. Odom Road

4. Vilulah Road

IN ACCORDANCE WITH GEORGIA DEPARTMENT OF TRANSPORTATION STANDARDS,

SPECIFICATIONS, AND DETAILS

for the Randolph County Board of Commissioners, in accordance with Contract Documents prepared by Harrell & Jackson Inc.

1.1.02 PROPOSALS WILL BE PUBLICLY OPENED AND READ at 2:00 PM (local time) on September 10, 2022, at the Randolph County Board of Commissioners Office, Courtroom, located at 51 Court Street, Cuthbert, Georgia 39840.

1.1.03 OBTAINING CONTRACT DOCUMENTS: Contract Documents may be reviewed at the office of the Randolph County Board of Commissioners located at 51 Court Street, Cuthbert, Georgia and obtained upon application at the office of Harrell & Jackson Inc. located at P.O. Box 7290, Tifton, Georgia 31793 after 9:00 AM on August 12, 2024 upon the payment of a deposit of $25.00 per set, shipping charges collect. Deposit is non-refundable. There is no charge for a PDF electronic version.

1.1.04 PROPOSAL GUARANTY: A bid bond shall be required in the amount of 5% of the total bid amount.

1.1.05 BONDS REQUIRED: A Contract Performance Bond and a Materials and Payment Bond will be required of the successful bidder.

1.1.06 NO PROPOSALS WITHDRAWN: No submitted proposal may be withdrawn for a period of sixty

(60) days after the closing time scheduled for the receipt of bids.

1.1.07 OWNERS RIGHTS RESERVED: The Randolph County Board of Commissioners, hereinafter called the Owner, reserves the right to reject any or all Proposals and to waive any formality or technicality and to award the Proposal as may be in the best interest of the Owner, or re-advertise for bids.

1.1.08 GUARANTY: The Contractor shall warrant all materials and labor for one year after the date of final acceptance by the Owner and the Engineer.

1.1.09 FUNDING: The project is funded by the Local Maintenance Improvement Grant (LMIG) Program from the Georgia Department of Transportation and TSPLOST.

SECTION 1.2

INFORMATION FOR BIDDERS

PROPOSALS are requested for the construction of

3. Odom Road

4. Vilulah Road for the Randolph County Board of Commissioners, in accordance with Contract Documents prepared by

A. Form: Each Proposal shall be made on a form prepared therefore by the Engineer and included as one of the Contract Documents, and shall be submitted in a sealed envelope bearing the title of the work and the name of the Bidder. Contractor’s License Number MUST be written on the envelope enclosing the bid. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.”

B. Discrepancies: In case of a difference between the stipulated amount of the Proposal written in words and the stipulated amount written in figures, the stipulated amount stated in written words shall govern.

C. Modifications: Proposals shall not contain any recapitulations of the Work to be done. Alternate proposals will not be considered unless called for. Oral proposals or modifications will not be considered.

D. Examination of Contract Documents and Visit to Site: Before submitting a Proposal, Bidders shall carefully read the Specifications, and the other Contract Documents, shall visit the site of Work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the Proposal a sum to cover the cost of all items included in the Contract Documents.

E. Delivery of Proposals: Proposals shall be delivered by the time and to the place stipulated in the

Advertisement. It is the sole responsibility of the Bidder to see that his Proposal is received in proper time. Any Proposal received after the scheduled closing time for receipt of Proposals shall be returned to the Bidder unopened.

F. Withdrawal: Any Bidder may withdraw his Proposal, either personally or by telephone, electronic, or written request, at any time prior to the scheduled closing time for receipt of Proposals.

G. Opening: Proposals will be opened and publicly read aloud at the time and place set forth in the Advertisement.

H. Award or Rejection: The Contract will be awarded to the lowest and/or best qualified responsible

Bidder complying with these instructions and with the Advertisement. The Owner reserves the right to reject any or all Proposals or to waive any formality or technicality in any Proposal in the interest of the Owner. No Bidder may withdraw his Proposal for a period of sixty (60) days after the date of opening thereof.

1.2.02 INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in or omissions from the Specifications or Contract Documents, he may submit to the Engineer a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the documents will be made only by Addendum duly issued and a copy of the Addendum will be mailed or delivered to each person receiving a set of the Contract Documents. Neither the Owner nor the Engineer will be responsible for any other explanations or interpretations of the Contract Documents. Requests received less than ten (10) days prior to the date of the opening of the bids may not be answered. It shall be the bidder’s responsibility to make inquiry as to the addenda issued. All such addenda shall become part of the contract and all bidders shall be bound by such addenda, whether or not received by the bidders.

1.2.03 INTERPRETATION OF ESTIMATE OF QUANTITIES:

A. Any estimate of quantities of Work to be done and materials to be furnished under the specifications given in the proposal is given as a basis for comparison of proposals and the award of the Contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond therewith; nor shall the bidder plead misunderstanding or deception because of such estimate of quantities, or of the character, location or other conditions pertaining to the Work.

B. Payment will be based on the actual quantities of Work performed in accordance with Contract, at the contract unit prices specified. No allowances will be made for any change in anticipated profits due to an increase or decrease in the original estimate of quantities. The Owner reserves the right to omit any item entirely, or to increase or decrease any or all items.

1.2.04 ADDENDA: Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his Proposal, shall be covered in the Proposal, and shall be made a part of the Contract Receipt of each Addendum shall be acknowledged in the Proposal.

1.2.05 BIDDERS INTERESTED IN MORE THAN ONE PROPOSAL: No person, firm, or corporation shall be allowed to make, file or to be interested in more than one Proposal for the same Work, unless alternate Proposals are called for. A person, firm, or corporation who has submitted a subproposal to a Bidder, or who has quoted prices on materials to a Bidder, is not hereby disqualified from submitting a subproposal or quoting prices to other Bidders.

1.2.06 PROPOSAL GUARANTY: Each proposal Shall be accompanied by a certified check or bid bond acceptable to the Owner, in an amount equal to at least five percent (5%) of the Proposal, payable without condition to the Owner as a guaranty that the Bidder, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal and other Contract Documents, and will furnish good and sufficient bond for the persons supplying labor and material for the Work. The proposal guaranties of all the Bidders except the three lowest will be returned promptly after the canvass of the Proposals.

1.2.07 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: The successful Bidder, simultaneously with the execution of the Contract, will be required to furnish a faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract amount, and a Labor and Material Payment Bond equal to one hundred percent (100%) of the Contract amount. Said bonds shall be secured from a surety company satisfactory to the Owner. The forms of the Bonds the successful Bidder shall be required to execute are included in the Contract Documents.

1.2.08 DISQUALIFICATION OF BIDDERS:

A. Any one or more of the following causes may be considered as sufficient for the disqualification of a bidder and the rejection of his proposal:

1. More than one proposal for the same Work from an individual, firm, partnership, or corporation under the same or different names.

2. Evidence of collusion among bidders.

3. Unbalanced proposals in which the prices for some items are substantially out of proportion to the prices of other items.

4. Failure to submit a unit price for each item of Work listed in the proposal.

5. Lack of competency as revealed by financial statement or experience questionnaire, if such are required by the Special Provisions.

6. Unsatisfactory performance record as shown by past Work judged from the standpoint of workmanship and progress.

1.2.09 COMPETENCY OF BIDDERS:

A. The Bidder, if a corporation, shall show the name of the State in which the corporation is chartered. Each bidder shall furnish the Awarding Authority upon request with satisfactory evidence of his competency to perform the Work contemplated. The minimum requirements are:

1. A permanent office.

2. Adequate working force, equipment, and technical experience.

3. Suitable financial status to meet obligations incident to Work.

1.2.09 CERTIFICATE OF NON-COLLUSION: The bidder shall complete and submit with his bid the certificate of non-collusion contained in Section 1.3 "Proposal."

1.2.11 LIQUIDATED DAMAGES: Time is of the essence on this project. Liquidated damages shall accrue at the rate of $350 per calendar day if the Contractor fails to complete the Work within the Contract Time period specified in the Proposal. The Contract Time will begin at the date of the Notice to Proceed.

1.2.12 WAGE RATES: Federal wage rates do not apply to this project.

SECTION 1.3

PROPOSAL

1.3.01 THE FOLLOWING PROPOSAL IS HEREBY MADE TO:

Randolph County Board of Commissioners 51 Court Street P.O. Box 221

Cuthbert, Georgia 39840

STIPULATED AMOUNT: The undersigned hereby proposes and agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of

3. Odom Road

4. Vilulah Road all in accordance with the Contract Documents prepared by Harrell & Jackson Inc. for the following unit price amounts:

SEE ATTACHED BID SCHEDULE

1.3.03 KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS: The Undersigned has examined the location of the proposed Work, Specifications and other Contract Documents and is familiar with the local conditions at the place where the Work is to be performed.

1.3.04 ADDENDA: The Undersigned hereby acknowledges receipt of the following Addenda:

Addendum No. Dated

1.3.05 CONTRACT TIME: If awarded the Contract, the Undersigned agrees to complete the Work within 50 calendar days of the commencement of the Contract Time as defined in the General Conditions of the Contract.

1.3.06 OWNER'S RIGHTS RESERVED: The Undersigned understands that the Owner reserves the right to reject any or all Proposals or to waive any formality or technicality in any Proposal in the interest of the Owner.

Bid Schedule Page: 1

Project: RANDOLPH COUNTY PAVEMENT STRIPING

19.8 ROAD MILES

Proposal Line

Number

Item ID Description

Approximate Quantity and

Units

Unit Price

Dollars Cents

Bid Amount

Dollars Cents

0005 GDOT SECT. 150

TRAFFIC CONTROL

ALL ROADS LUMP SUM LUMP SUM __________.____

0010 GDOT SECT. 652 40.00

SOLID TRAFFIC STRIPE, 5 IN, WHITE LM ________.____ __________.____

0015 GDOT SECT. 652 19.50

SOLID TRAFFIC STRIPE, 5 IN, LM ________.____ __________.____

YELLOW

0020 GDOT SECT. 652 15.00

SKIP TRAFFIC STRIPE, 5 IN, YELLOW GLM ________.____ __________.____

0025 GDOT SECT. 652 84

SOLID TRAFFIC STRIPE LF ________.____ __________.____

24 IN, WHITE

0030 GDOT SECT. 654 1,850

RAISED PAVEMENT MARKERS EA ________.____ __________.____

TYPE 1

0035 GDOT SECT. 654 550

RAISED PAVEMENT MARKERS EA ________.____ __________.____

TYPE 2

Total Base Bid: _____________.____

1.3.07 CERTIFICATE OF NON COLLUSION & SUBMITTAL OF PROPOSAL: In submitting the above bid, the bidder being sworn, disposes and says ______________________________________________, the Contractor submitting this bid and its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid.

BY (PRINT NAME) DATE

TITLE

BUSINESS ADDRESS CITY STATE

Signed ____________________________

Witness _______________________________ Corporate Seal

Witness________________________________

SECTION 1.4

CONTRACT

THIS AGREEMENT, made this day of _________________ 2016, by and between The Randolph County Board of Commissioners, hereinafter called “OWNER” and __________________________________ doing business as a corporation, hereinafter called

“CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements herein after mentioned:

1. The CONTRACTOR will commence and complete the construction of

3. Odom Road

4. Vilulah Road for the Randolph County Board of Commissioners.

2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 50 days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the estimated total amount of $______________________ as extended from the unit prices contained in the Bid Proposal.

5. The term “CONTRACT DOCUMENTS” MEANS and includes the following:

a. Advertisement for BIDS

b. Information for BIDDERS

c. PROPOSAL

d. BID BOND

e. CONTRACT

f. General Conditions

g. SPECIAL PROVISIONS

h. Labor and Material BOND

i. Performance BOND

j. NOTICE OF AWARD

k. NOTICE TO PROCEED

l. CHANGE ORDERS

m. SPECIFICATIONS prepared or issued by Harrell & Jackson Inc.

n. GDOT Specifications and Special Provisions

Addenda:

No. Date Initialed

______, dated _______________, _____________

______, dated _______________, _____________

______, dated _______________, _____________

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the

General Conditions such amounts as required by the CONTRACT DOCUMENTS

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized official, this Agreement in Three (3) copies each of which shall be deemed an original on the date first above written:

OWNER:

The Randolph County Georgia Board of Commissioners

By:

Title:

Signed:

Address:

(SEAL)

ATTEST:

Name Title

CONTRACTOR:

By:

Title:

Signed:

Address:

Employer Identification Number

(SEAL)

ATTEST:

Name Title

SECTION 1.5

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, _______________________________________________ as PRINCIPAL, and (Name of Principal) _______________________________________________ as SURETY are held and firmly bound unto the Randolph County Board of Commissioners, hereinafter called the "Owner," in the penal sum of ______________________________________Dollars ($_____________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

____________________, 20___, for _______________________________.

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the allowable period specified, and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise it is to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this _______ day of ____________, 20____, the name and corporate seal of each corporate party being hereto affixed and these presents signed by its undersigned representative, pursuant to authority of its governing body.

In presence of:

___________________________________________________________(SEAL)

(Individual Principal)

___________________________________________________________(SEAL)

(Business Address, Including Zip Code)

___________________________________________________________(SEAL)

(Partnership)

___________________________________________________________(SEAL)

(Business Address, Including Zip Code)

Surety

By ___________________________

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

SECTION 1.6

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That ____________________________________________________________ (Legal title and address of the Contractor) as Principal (hereinafter referred to as "Contractor"), and (Legal title and address of Surety) as Surety (hereinafter referred to as "Surety"), are held firmly bound unto the Randolph County Board of Commissioners, as Obligee (hereinafter referred to as "Owner"), in the amount of ____________ Dollars ($____________), to which payment Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounded Principal has entered into a contract with Owner dated the ____ day of ___________, 20___, for the construction of

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if the Contractor shall promptly and faithfully perform and comply with the terms of said Contract; and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury or loss to which said Owner may be subjected by reason of any wrongdoing, including patent infringement, misconduct, want of care or skill, default, failure of performance, on the part of said Principal, his agents, subcontractors or employees, in the execution or performance of said Contract, then this obligation shall be null and void;

otherwise it shall remain in full force and effect.

1. The said Surety to this bond, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Contract or the Work to be performed thereunder, or the specifications or Contract Documents accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications and Contract Documents.

2. If pursuant to the Contract Documents the Contractor shall be declared in default by the Owner under the aforesaid Contract, the Surety may promptly remedy the default or shall promptly complete the Contract in accordance with its terms and conditions. It shall be the duty of the Surety to give an unequivocal notice in writing to the Owner, within twenty-five (25) days after receipt of declaration of default, of the Surety's election either to remedy the default or defaults promptly or to perform the Contract promptly, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to the Owner immediately upon completion of (1) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of rejected Work, (c) the furnishing of each omitted item of Work and (d) the performance of the Contract. The surety shall not assert solvency of its Principal as justification for its failure to give notice of election or for its failure to promptly remedy the default or defaults or perform the Contract.

3. Supplementary to and in addition to the foregoing, whenever the Owner shall notify the Surety that the Owner has notice that the Contractor has failed to pay any subcontractor, materialman, or laborer for labor or materials certified by the Contractor as having been paid for by the

Contractor in accordance with said Contract, which said labor or materials have been included in a periodical application for payment and approved by the Engineer for payment and paid for by the Owner, the Surety shall, within twenty (20) days of receipt of such notice, cause to be paid any unpaid amounts for such labor and materials.

4. It is expressly agreed by the Principal and the Surety that the Owner if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the Work.

5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the legal successors of the Owner.

Signed and sealed this _______ day of ________________, 20___.

________________________(Seal) Principal

Witness Title

______________________________ ________________________(Seal) Witness Title

SECTION 1.7

LABOR AND MATERIAL PAYMENT BOND

1.7.01 KNOW ALL MEN BY THESE PRESENTS that

____________________________________________________ as Principal, hereinafter called

Principal, and ___________________________________________________________

_________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto the Randolph County Board of Commissioners, as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ______________ _____________________ Dollars ($_______________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

1.7.02 WHEREAS, Principal has by written agreement dated ____________________, 20_____ entered into a contract with Owner for

____________________________________________________ in accordance with Contract Documents prepared by

_________________________________________________________________ which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

1.7.03 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;

otherwise it shall remain in full force and effect, subject, however, to the following conditions:

A. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.

B. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's Work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.

C. No suit or action shall be commenced hereunder by any claimant,

1. Unless claimant, other than one having a direct contact with the Principal, shall have given written notice to any two of the following:

The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the Work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the Work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer.

2. After the expiration of one (1) year following the date on which Principal ceased Work on said

Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.

D. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.

SIGNED AND SEALED this _________ day of _______________ 20____

In the presence of:

__________________________ ___________________________ (Seal)

WITNESS PRINCIPAL

TITLE

___________________________ (Seal)

SURETY

WITNESS TITLE

GENERAL CONDITIONS

SECTION 2.1 CONTRACT DOCUMENTS

2.1.01 GENERAL: The Contract Documents comprise the following general classifications of documents, including all additions, deletions and modifications incorporated therein before the execution of the Agreement:

A. Bidding Documents

B. Contractual Documents

C. General Conditions of the Contract

D. Special Conditions

E. GDOT Specifications and Special Provisions

2.1.02 BIDDING DOCUMENTS issued by the Owner to assist bidders in preparing their proposals include:

A. Advertisement

B. Information for Bidders

C. Proposal: The offer of a Bidder to perform the Work described by the Contract Documents made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

D. Proposal Guaranty: A cashier's check or Bidder's bond shall accompany the Proposal submitted by the Bidder, as a guaranty that the Bidder will enter into an Agreement with the Owner for the construction of the Work, if the Contract is awarded to him.

E. Addenda to Contract Documents: Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his Proposal, shall be covered in the Proposal, and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal.

2.1.03 CONTRACTUAL DOCUMENTS:

A. Agreement covers the performance of the Work described in the Contract Documents including all supplemental addenda thereto and all general and special provisions pertaining to the Work or materials therefore.

B. Bond: The Contractor shall, at the time of his execution of the Agreement, furnish bonds in a form prescribed by the Owner and with a Surety Company authorized to do business in the state of Georgia.

1. Performance Bond is an amount equal to one-hundred percent (100%) of the Contract

Amount as a guaranty of good faith on the part of the Contractor to execute the Work in accordance with the terms of the Contract.

2. Labor and Material Payment Bond in an amount equal to one-hundred (100%) of the Contract

Amount as a guaranty of good faith on the part of the Contractor to make all payments for labor and material in connection with the Contract.

2.1.04 GENERAL CONDITIONS OF THE CONTRACT outline certain general responsibilities of the Owner and the Contractor (who are the parties to the Contract) and also those responsibilities delegated by the Owner to the Engineer who acts as the agent of the Owner.

2.1.05 SPECIAL CONDITIONS are special provisions, not included in the General Conditions of the Contract, which apply to this specific project.

2.1.06 SPECIFICATIONS: The intent of the Specifications is that the Contractor shall furnish all labor, materials, equipment and transportation necessary for the proper execution of the Work, unless specifically noted otherwise. The Contractor shall do all the Work outlined in the Contract Documents and all incidental Work necessary to complete the project in a substantial and acceptable manner, and fully complete the Work or improvement, ready for use, occupancy and operation by the Owner.

A. Discrepancies: Any discrepancies found between the Contract Documents and site conditions or any inconsistencies or ambiguities in the Specifications and Contract Documents shall be immediately reported to the Engineer, who shall promptly correct such inconsistencies or ambiguities in writing. Any Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.

B. Adequacy: The complete requirements of the Work to be performed under the Contract shall be set forth in the Specifications and Contract Documents to be supplied by the Owner through the Engineer or by the Engineer as representative of the Owner. The Specifications and Contract Documents shall be considered inseparable documents and in considering them the Contractor shall rely upon both instruments in order to perform the Work in accordance with their combined intent.

C. Additional Instructions: Further instructions may be issued by the Engineer during the progress of the Work by means of Drawings, or otherwise to make more clear or specific the Contract Documents and Specifications or as may be necessary to explain or illustrate changes in the Work to be done.

D. Copies Furnished to Contractor: Except as provided for otherwise, all required copies of Contract

Documents and Specifications necessary for the execution of the Work shall be furnished to the Contractor without charge.

E. Dimensions: Only figured dimensions on the Contract Documents will be used by the Contractor.

Where the Work of the Contractor is affected by finish dimensions, these shall be determined by the Contractor at the site, and he shall assume the responsibility thereof.

2.1.07 CONTRACT DOCUMENTS FOR THE USE OF THE ENGINEER: The Contractor shall maintain one complete set of the Contract Documents at the job site which shall be available to the Engineer at all times and upon which the Contractor shall record all changes and field adjustments.

SECTION 2.2 OWNER - CONTRACTOR - ENGINEER RELATIONS

2.2.01 OWNER'S RIGHTS AND RESPONSIBILITIES:

A. Lands by Owner: The Owner will provide the lands shown on the Contract Documents or described in the Specifications upon which the Work under the Contract is to be performed and to be used for right-of-way for access. Any delay in furnishing these lands by the Owner will be deemed proper cause for adjustment in the Contract Amount and in the time of completion.

B. Base Lines and Bench Marks: Unless otherwise specified, the Owner will establish base lines necessary for the location of the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work.

C. Owner's Right to Correct Deficiencies: Upon failure to perform the Work in accordance with the

Contract Documents, including any requirements with respect to the Schedule of Completion, and after five days' written notice to the Contractor, the Owner, may, without prejudice to any other remedy he may have, correct such deficiencies in work intended to become a permanent part of the project.

D. Suspension of Work by Owner: The Owner shall have the authority to suspend the Work, wholly or in part, for such period or periods as he may deem necessary due to unsuitable weather or such other conditions as are considered unfavorable to carry out the provisions of the Contract, or to supply materials meeting the requirements of the Contract Documents.

1. Notice: The Work or any portion thereof may be suspended at any time by the Owner provided that he gives the Contractor five days' notice of suspension which shall set forth the date on which work is to be resumed. The Contractor shall resume the Work upon written notice from the Owner and within ten days after the date set forth in the notice of suspension.

If the Owner does not give written notice to resume Work within the ten days of the date fixed in the notice of suspension, the Contractor may abandon that portion of the Work so suspended and shall be entitled to payment in accordance with Paragraph 2.6.10 Payment for Work Suspended By the Owner.

E. Owner's Right to Terminate Agreement and Complete the Work: The Owner shall have the right to terminate his agreement with the Contractor after giving ten days' written notice of termination to the Contractor in the event of any default by the Contractor.

1. Default by Contractor: It shall be considered a default by the Contractor whenever he shall:

(a) Declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors.

(b) Disregard or violate provisions of the Contract Documents or fail to prosecute the Work according to the agreed Schedule of Completion, including extensions thereof.

(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore.

2. Completion by the Owner: In the event of termination of the Agreement by the Owner because of default by the Contractor, the Owner may take possession of the Work and of all materials and equipment thereon and may finish the Work by whatever method and means he may select.

2.2.02 CONTRACTOR'S RIGHTS AND RESPONSIBILITIES: All Work shall be done in strict accordance with the Contract Documents. Observations, construction reviews, tests, recommendations or approvals by the Engineer or persons other than the Contractor, shall in no way relieve the Contractor of his obligation to complete all Work in accordance with the Contract Documents. All Work shall be done under the direct supervision of the Contractor. The Contractor shall be responsible for construction means, methods, techniques and procedures, and for providing a safe place for the performance of the Work by the Contractor, Subcontractors, suppliers and their employees and for access, use, Work or occupancy by all authorized persons.

A. Lands by Contractor: Any land and access thereto not specifically shown to be furnished by the Owner that may be required for temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the Owner. The Contractor shall confine his apparatus and storage to such additional areas as he may provide at his expense.

1. Private and Public Property: The Contractor shall not enter upon private property for any purpose without obtaining permission, and he shall be responsible for the preservation of all public property, trees, monuments, structures and improvements, along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits, and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed.

B. Surveys: Based upon the information provided by the Owner, the Contractor shall develop and make all detailed surveys necessary for construction, including slope stakes, batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall carefully preserve bench marks, reference points and stakes, and, in the case of destruction thereof by the Contractor or resulting from his negligence, the Contractor shall be charged with the expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the loss or disturbance of such bench marks, reference points and stakes.

C. Public Utilities: The elevation and location of all public utilities shown on the Contract Documents were taken from existing public records. It shall be the duty of the Contractor to make final and exact determination of the location and extent of all utilities and he will be liable for any expense resulting from damage to them.

D. Superintendent: A qualified superintendent, who is acceptable to the Owner, shall be maintained on the Work and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all instruction given to the superintendent shall be considered as given to the Contractor. It shall be the responsibility of this Contractor's superintendent to coordinate the Work of all the Subcontractors. The superintendent shall be present on the site at all times required to perform adequate supervision and coordination.

E. Subcontracts: At the time set forth in the Contract Documents or when requested by the Owner, the Contractor shall submit in writing for review of the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the approval of the Owner. The Contractor is responsible to the Owner for the acts and deficiencies of his Subcontractors, and of their direct and indirect employees, to the same extent as he is responsible for the acts and deficiencies of his employees. The Contract Documents shall not be construed as creating any contractual relation between any Subcontractor and the Owner. The Contractor shall bind every Subcontractor by the terms of the Contract Documents.

1. For convenience of reference and to facilitate the letting of Contracts and Subcontracts, the

Specifications are separated into titled sections. Such separation shall not, however, operate to make the Owner or the Engineer an arbiter to establish limits to the contracts between Contractor and Subcontractor.

F. Contractor's Right to Suspend Work or Terminate Agreement: Contractor may suspend Work or terminate his Agreement with the Owner upon ten (10) days' written notice to the Owner for any of the following reasons:

1. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of ninety days through no act or fault of the Contractor or his employees.

2. If the Owner should fail to act upon any Request for Payment within thirty days after it is presented in accordance with the General Conditions of the Contract.

3. If the Owner should fail to pay the Contractor any sum within thirty (30) days after its award by arbitrators.

G. Work During an Emergency: The Contractor shall perform any Work and furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he shall notify the Owner of the emergency as soon as practicable, but he shall not wait for instruction before proceeding to properly protect both life and property.

2.2.03 RESPONSIBILITY OF THE ENGINEER: The Engineer shall decide questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of Work, interpretation of Contract Documents and Specifications and all questions as to the acceptable fulfillment of the Agreement on the part of the Contractor. The duties and responsibilities of the Engineer as set forth herein shall not be extended except through written consent of the Engineer and the Owner.

A. Observation of the Work: All materials and each part or detail of the Work shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be held strictly to the intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Contract. Observations may be made at the site or at the source of material supply, whether mill, plant or shop. The Engineer shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make his observations and construction review.

B. Acceptability of Work: The Engineer's decision as to the acceptability or adequacy of the Work shall be final and binding upon the Contractor. The Contractor agrees to abide by the Engineer's decision relative to the performance of the Work.

C. Engineer's Decisions: All claims of the Owner or the Contractor shall be presented to the

Engineer for decision which shall be final except in cases where time and/or financial considerations are involved, which shall be subject to arbitration.

2.2.04 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

2.2.05 OBSERVATION OF COMPLETED WORK: The Contractor shall remove or uncover such portions of the completed Work as may be directed by the Owner at any time before acceptance of the Work.

After examination, the Contractor shall restore the Work to the standard required by the Contract Documents. Should the Work thus exposed or examined prove acceptable, the uncovering or removing and the restoring of the Work shall be paid for as Extra Work but, should the Work exposed or examined prove unacceptable, the uncovering, removing and restoring of the Work shall be at the Contractor's expense.

2.2.06 WORK BY OWNER OR OTHER CONTRACTORS:

A. Separate Contracts: The Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all Work by other contractors affecting his Work and to report to the Owner any irregularities which will not permit him to complete his Work in a satisfactory manner. His failure to notify the Owner of such irregularities shall indicate the Work of other contractors has been satisfactorily completed to receive his Work. The Contractor shall not be responsible for defects of which he could not have known, which develop in the Work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed Work in place and report to the Owner immediately any difference between completed Work by others and the provisions of the

B. Written Agreement: Whenever Work being done by the Owner through his own employees or through other contractors is contiguous to Work covered by the Contract Documents, the respective rights of the various interests involved shall be established by written agreement to secure the completion of the various portions of the Work in general harmony.

SECTION 2.3 MATERIALS, EQUIPMENT AND WORKMANSHIP

2.3.01 MATERIALS AND EQUIPMENT: The materials and equipment installed in the Work shall meet the requirements of the Contract Documents and no materials or equipment shall be ordered until reviewed by the Engineer. All materials and equipment not otherwise specifically indicated shall be furnished by the Contractor. The Contractor shall guarantee all materials and equipment he provides in accordance with Paragraph 2.3.08.

A. Substitutions: In order to establish standards of quality, the Engineer has, in the detailed Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design.

1. The Contractor shall furnish the complete list of proposed desired substitutions prior to signing of the Contract, together with such engineering and catalog data as the Engineer may require.

2. The Contractor shall abide by the Engineer's recommendation when proposed substitute materials or items of equipment are not recommended for installation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The Engineer will review proposed substitutions and make his recommendations in writing within a reasonable time.

B. Space Requirements: It shall be the responsibility of the Contractor to insure that materials and equipment to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the

C. Arrangement: Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Contract Documents, and to make all changes in the Work required by such arrangement.

D. Unacceptable Materials and Equipment: Materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples reviewed by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall not be furnished nor installed.

E. Storage: Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and not on the ground, and/or they shall be placed under cover.

Stored materials and equipment shall be located so as to facilitate prompt…