Addendum 1 _ Gateway Bridge Landscaping.pdf

City of Peachtree City 151 Willowbend Road Peachtree City, GA 30269 Phone: 770-631-2515 Fax: 770-631-2507 PeachtreeCityGA.gov Purchasing Department

CITY OF PEACHTREE CITY

GATEWAY BRIDGE LANDSCAPING PROJECT

24-102BDS

ADDENDUM #1

QUESTION: Can you provide the exact location for this project on 54?

CITY’S RESPONSE: A mailing address has not been assigned to the site. The exact locations are latitude longitude 33.39737, -84.60566 and 33.39663, -84.60591. The tax parcel IDs are 0733 016 and 0733 112. The property is found at the pedestrian bridge landing sites on either side of State Route 54 W, located between MacDuff Parkway and Wynnmeade Parkway on the north bridge landing and between the MacDuff Crossing shopping center and the Newnan Light and Water Commission pump station on the south bridge landing.

QUESTION: To confirm, mulch/pinestraw is to be applied twice during the entire project?

Is it once installation is completed and approved? And, is the second application to be done before the two-year maintenance period ends and the project is handed over to Peachtree City?

CITY’S RESPONSE: Yes, mulch/pinestraw shall be applied twice. The first installation shall be upon completion. The second installation shall be as needed and within the two-year maintenance period.

CLARIFICATION: Regarding the Design Specs: There are items notated that are not listed on the pricing sheet.

CITY’S RESPONSE: See Revised Bid Form and Agreement Form. This is a lump sum bid.

Bidders shall provide a lump sum following detail in the invitation to bid package and plans. The City is adding one alternate price which is to consider a two-year maintenance agreement as specified in the invitation to bid package.

Additionally, in the event of a need for a change order, staff is requesting unit pricing. Unit prices will only be used if a change order is required. Otherwise, this is a lump sum bid and will be awarded as such.

Attached:

Revised Bid Form Revised Agreement Form

Gateway Bridge Landscaping Project 00 41 00-1

24-102BDS AMENDED 2/08/2024 -BID FORM

SECTION 00 41 00

BID FORM

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Attachments to This Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

Gateway Bridge Landscaping Project 00 41 00-2

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to: City of Peachtree City

Peachtree City, GA 30269

This Bid is submitted from:

(Name and Address of Individual, Partnership, or Corporation)

P.O. Box Not Acceptable

Georgia Utility Contractor No. (if applicable)

This Bid is for: Gateway Bridge Landscaping Project

February 22, 2024/3:00 pm local time

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 calendar days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Gateway Bridge Landscaping Project 00 41 00-3

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all (if applicable): (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports (if applicable) and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Purchasing Agent written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Purchasing Agent is acceptable to Bidder.

Gateway Bridge Landscaping Project 00 41 00-4

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

LUMP SUM BASE BID

Lump Sum Bid Price $__________________________________

Written Lump Sum Bid Price:

Gateway Bridge Landscaping Project 00 41 00-5

ALTERNATIVES: The following Alternates Prices are hereby established and subject to Owner approval. Owner may choose at their sole discretion to incorporate or not incorporate Alternate A in contract award. Said Alternate Price shall remain firm and in effect for 30 days after proceed order is issued by the Owner. Failure to provide pricing for all alternate prices may result in rejection of bid. Provide Alternate Price on Two-(2) year maintenance agreement on Lines Below

Alternate A – This additional amount represents the cost of providing completely the two-(2) year maintenance agreement per bid specifications.

Add the sum of $ ___________________ Written: ________________________________ Dollars

CHANGE ORDER UNIT PRICES

Line UOM Botanical Name Common Name Size/

Container Remarks Bid Unit Price

1 each Acer Rubrum October Glory

Maple 3” cal., B&B Min. 10’

ht. $

2 each Cornus Kousa ‘Dwarf

Pink’ Dwarf Pink Kousa

Dogwood 1.5” cal., B&B Min. 8’

ht. $

3 each Cryptomeria

Japonica Crytomeria 5’ HT Min. 5’

ht. $

4 each Cupressus Arizonica ‘Carolina Sapphire’

Caroline Sapphire Cypress 2” cal., B&B

Min. 8’

ht. $

5 each Ginko Biloba Ginko Tree 2” cal., B&B

Male.

Min. 8- 10’ ht. $

6 each Ilex x ‘Nellie R.

Stevens’ Nellie R. Stevens

Holly 1.5” cal., B&B Min 8’ ht. $

7 each Lagerstroemia x

‘Muskogee’ Crape Myrtle

Muskogee 1.5” cal., B&B

Multi-trunk

Min. 6-8’

ht. $

8 each Magnolia Grandiflora Southern Magnolia 3” cal., B&B

Min. 10’

ht. $

9 each Taxodium Distichum Bald Cypress 2” cal., B&B Min. 8’

ht. $

10 each Abelia x Chinesis

‘Rose Creek’ Rose Creek Abelia 3 gal. pot $

11 each Buddleja x ‘Miss

Molly’ Miss Molly

Butterfly bush 15 gal. pot $

12 each Buxus Simpervires American Boxwood 3 gal. pot $

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13 each Camelia Japonica

‘Bob Hope’ Red Camellia 7 gal. pot $

14 each

Chamaecyparis pisifera ‘Golden

Mop’ Golden Mop 3 gal. pot $ 15 each Cleyera Japonica Japanese Cleyera 3 gal. pot $

16 each Cotoneaster Adpressus

Creeping Cotoneaster 1 gal. pot $

17 each Distylium x ‘Vintage

Jade’ Vintage Jade

Distylium 3 gal. pot $

18 each

Gardenia Jasminoides ‘Frostproof’

Frostproof Gardenia 3 gal. pot $

19 each

Gardenia Jasminoides ‘Leetwo’

TM

Scent Amazing

Gardenia 3 gal. pot $

20 each Hydrangea

Paniculata ‘Limelight’ Limelight

Hydrangea 3 gal. pot $

21 each Ilex Crentata ‘Helleri’ Helleri Japanese

Holly 3 gal. pot $

22 each Ilex Vomitoria ‘Nana’ Dwarf Yaupon

Holly 3 gal. pot $

23 each Itea Vigrinica ‘Little

Henry’ TM Virginia

Sweetspire 3 gal. pot $

24 each Loropetalum Chinese

‘Crimson Fire’ Crimson Fire Loropetalum 3 gal. pot $

25 each Miscanthus Sinesis

‘Adagio’ Adagio Maiden

Grass 3 gal. pot $

26 each Muhlenbergia

Capillaris Pink Muhly Grass 3 gal. pot $

27 each Nandina Domestica

‘Firepower’ Firepower Nandina 3 gal. pot $

28 each Osmanthus Fragrans Tea Olive 3 gal. pot $

29 each Rhaphiolepis Indica

‘Alba’ White Indian

Hawthorn 3 gal. pot $

30 each Rosa x ‘Pink Knockout’

Pink Knockout Rose 3 gal. pot $

31 each Thuja Occidentalis

‘Emerald’ Emerald

Arborvitae 15 gal. pot $

32 each Acorus Gramineus

‘Ogon’ Golden Variegated

Sweetflag 4” pot 12” o.c. $ 33 each Eragrostis Curvula Weeping 1 gal. pot 12” o.c. $

Gateway Bridge Landscaping Project 00 41 00-7

Lovegrass 34 each Eragrostis Spectabilis Purple Lovegrass 1 gal. pot 12” o.c. $

35 each Euonymus Coloratus Purple

Wintercreeper 1 gal. pot 12” o.c. $ 36 each Isotoma Fluviatilis Blue Star Creeper 4” pot 12” o.c. $

37 each Juniperus Conferta

‘Golden Pacific’ Golden Pacific Shore Juniper 1 gal. pot 24” o.c. $

38 each

Juniperus Horizontalis ‘Blue

Rug’ Blue Rug Juniper 1 gal. pot 18” o.c. $ 39 each Pachysandra axillaris Pachysandra 4” pot 6” o.c. $ 40 each Phlox subulate Creeping Phlox 4” pot 6” o.c. $ 41 each Trachelospermum Asiatic Jasmine 4” pot 12” o.c. $ 42 CY Top soil $ 47 LF Boulder wall $ 48 SF 4" - 7" river stone $

The bid items outlined above have been provided for bid comparison. The bid unit prices will also be utilized for establishing contract price modifications in the event of a duly authorized change order to results in the modification of the contract amount due to the contractor. Examples of such modification shall include but not be limited to increases in the scope of work resulting in additional work or modifications of the scope of work wherein the amount of work is reduced.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. All documents as outlined in Section 00 22 13 “Supplementary Instructions to Bidders.”

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

Gateway Bridge Landscaping Project 00 41 00-8

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in Georgia is ____/____/____.

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

By:

(Signature of first joint venture partner -- attach evidence of authority to sign)

Gateway Bridge Landscaping Project 00 41 00-9

Title:

Second Joint Venturer Name: (SEAL)

By:

(Signature of second joint venture partner -- attach evidence of authority to sign)

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail _____________________________________

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]

END OF SECTION

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24-102BDS AMENDED 2/08/2024 – AGREEMENT

SECTION 00 52 00

AGREEMENT

THIS AGREEMENT is by and between City of Peachtree City (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – Work

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Gateway Bridge Landscaping Project

ARTICLE 2 – The Project

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Project includes the demolition, fine grading if necessary, preparation, purchasing and installation of all planting material, hardscape, and mulch in accordance with the City-provided plan titled, “Peachtree City Gateway Bridge Landscape”. All Landscape Notes shall be followed, and only pre-approved plant replacements will be accepted. The chosen contractor shall guarantee all plant material for a period of no less than two (2) years from final acceptance by the City.

ARTICLE 3 – Engineer

3.01 The Project has not been designed by an Engineer. N/A .

ARTICLE 4 – Contract Times

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed within 90 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 120 days after the date when the Contract Times commence to run.

4.03 Liquidated Damages

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24-102BDS AMENDED 2/08/2024 – AGREEMENT

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $200.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $$200.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 – Contract Price

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A and 5.01.B below:

A. For all Work other than Unit Price Work, a lump sum of: $

B. This lump sum does/does not include Alternate A.

All specific cash allowances are included in the above price in accordance with Paragraph

11.02 of the General Conditions.

C. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item:

Line UOM Botanical Name Common Name Size/

Container Remarks Bid Unit Price

1 each Acer Rubrum October Glory

Maple 3” cal., B&B Min. 10’

ht. $

2 each Cornus Kousa ‘Dwarf

Pink’ Dwarf Pink Kousa

Dogwood 1.5” cal., B&B Min. 8’

ht. $

3 each Cryptomeria

Japonica Crytomeria 5’ HT Min. 5’

ht. $

4 each Cupressus Arizonica ‘Carolina Sapphire’

Caroline Sapphire Cypress 2” cal., B&B

Min. 8’

ht. $

5 each Ginko Biloba Ginko Tree 2” cal., B&B

Male.

Min. 8- 10’ ht. $

6 each Ilex x ‘Nellie R.

Stevens’ Nellie R. Stevens

Holly 1.5” cal., B&B Min 8’ ht. $

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24-102BDS AMENDED 2/08/2024 – AGREEMENT

7 each Lagerstroemia x

‘Muskogee’ Crape Myrtle

Muskogee 1.5” cal., B&B

Multi-trunk

Min. 6-8’

ht. $

8 each Magnolia Grandiflora Southern Magnolia 3” cal., B&B

Min. 10’

ht. $

9 each Taxodium Distichum Bald Cypress 2” cal., B&B Min. 8’

ht. $

10 each Abelia x Chinesis

‘Rose Creek’ Rose Creek Abelia 3 gal. pot $

11 each Buddleja x ‘Miss

Molly’ Miss Molly

Butterfly bush 15 gal. pot $

12 each Buxus Simpervires American Boxwood 3 gal. pot $

13 each Camelia Japonica

‘Bob Hope’ Red Camellia 7 gal. pot $

14 each Chamaecyparis pisifera ‘Golden Mop’ Golden Mop 3 gal. pot $ 15 each Cleyera Japonica Japanese Cleyera 3 gal. pot $

16 each Cotoneaster Adpressus

Creeping Cotoneaster 1 gal. pot $

17 each Distylium x ‘Vintage

Jade’ Vintage Jade

Distylium 3 gal. pot $

18 each

Gardenia Jasminoides ‘Frostproof’

Frostproof Gardenia 3 gal. pot $

19 each

Gardenia Jasminoides ‘Leetwo’

TM

Scent Amazing

Gardenia 3 gal. pot $

20 each Hydrangea

Paniculata ‘Limelight’ Limelight

Hydrangea 3 gal. pot $

21 each Ilex Crentata ‘Helleri’ Helleri Japanese

Holly 3 gal. pot $

22 each Ilex Vomitoria ‘Nana’ Dwarf Yaupon

Holly 3 gal. pot $

23 each Itea Vigrinica ‘Little

Henry’ TM Virginia

Sweetspire 3 gal. pot $

24 each Loropetalum Chinese

‘Crimson Fire’ Crimson Fire Loropetalum 3 gal. pot $

25 each Miscanthus Sinesis

‘Adagio’ Adagio Maiden

Grass 3 gal. pot $

26 each Muhlenbergia

Capillaris Pink Muhly Grass 3 gal. pot $

Gateway Bridge Landscaping Project 00 52 00-4

24-102BDS AMENDED 2/08/2024 – AGREEMENT

27 each Nandina Domestica

‘Firepower’ Firepower Nandina 3 gal. pot $

28 each Osmanthus Fragrans Tea Olive 3 gal. pot $

29 each Rhaphiolepis Indica

‘Alba’ White Indian

Hawthorn 3 gal. pot $

30 each Rosa x ‘Pink Knockout’

Pink Knockout Rose 3 gal. pot $

31 each Thuja Occidentalis

‘Emerald’ Emerald

Arborvitae 15 gal. pot $

32 each Acorus Gramineus

‘Ogon’ Golden Variegated

Sweetflag 4” pot 12” o.c. $

33 each Eragrostis Curvula Weeping Lovegrass 1 gal. pot 12” o.c. $

34 each Eragrostis Spectabilis Purple Lovegrass 1 gal. pot 12” o.c. $

35 each Euonymus Coloratus Purple

Wintercreeper 1 gal. pot 12” o.c. $

36 each Isotoma Fluviatilis Blue Star Creeper 4” pot 12” o.c. $

37 each Juniperus Conferta

‘Golden Pacific’ Golden Pacific Shore Juniper 1 gal. pot 24” o.c. $

38 each

Juniperus Horizontalis ‘Blue

Rug’ Blue Rug Juniper 1 gal. pot 18” o.c. $

39 each Pachysandra axillaris Pachysandra 4” pot 6” o.c. $

40 each Phlox subulate Creeping Phlox 4” pot 6” o.c. $

41 each Trachelospermum Asiatic Jasmine 4” pot 12” o.c. $

42 CY Top soil $

47 LF Boulder wall $

48 SF 4" - 7" river stone $

The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by the Peachtree City Project Manager as provided in Paragraph 9.07 of the General Conditions. Contractor shall determine an estimate of the quantities and no increase in the quantities so estimated shall be owed by the City unless

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24-102BDS AMENDED 2/08/2024 – AGREEMENT

such are approved, in writing, by the Project Manager prior to the installation or use of such materials or labor.

ARTICLE 6 – Payment Procedures

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by the Peachtree City Project Manager as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of approved Contractor’s Applications for Payment on or about Net 15 days of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentages indicated below but, in each case, less the aggregate of payments previously made and less such amounts as the Peachtree City Project Manager may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions.

a. Case 1 - Percent of Work completed (with the balance being retainage); and

b. Case 2 - 100 percent of cost of stored materials and equipment not incorporated in the Work (with the balance being retainage). Paid invoices for stored materials required.

“Balance Being Retainage” as noted above shall be considered as 5 percent of the progress payment amount until the job is at 50 percent complete. As long as the character and progress of the work remain satisfactory to the City of Peachtree City, there will be no additional retainage until substantial completion. Leaving 5 percent at substantial completion. Payment upon Substantial Completion shall be noted as below.

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as the Peachtree City Project Manager shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and or 200 percent of the Peachtree City Project Manager’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

6.03 Final Payment

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24-102BDS AMENDED 2/08/2024 – AGREEMENT

A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by the Peachtree City Project Manager as provided in said Paragraph 14.07.

ARTICLE 7 – Interest

7.01 All moneys not paid to a properly approved pay request when due as provided in Article 14 of the General Conditions shall bear interest at the rate allowed per Georgia Code 13-11-17.

ARTICLE 8 – Contractor’s Representations

8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all, if any: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data."

E. Contractor has considered the information known to Contractor, if any; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

Gateway Bridge Landscaping Project 00 52 00-7

24-102BDS AMENDED 2/08/2024 – AGREEMENT

H. Contractor has given the Peachtree City Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by the Peachtree City Project Manager is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 – Contract Documents

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement

2. The Project Manual

3. Performance bond

4. Payment bond

5. General Conditions

6. Supplementary Conditions

7. Specifications (as listed in the table of contents of the Project Manual).

8. Drawings (as listed in the table of contents of the Project Manual).

9. Addenda

10. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid

b. Documentation submitted by Contractor prior to Notice of Award

c. [List other required attachments (if any),].

11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a. Notice to Proceed

b. Work Change Directives.

c. Change Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

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24-102BDS AMENDED 2/08/2024 – AGREEMENT

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.

ARTICLE 10 – Miscellaneous

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

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

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

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24-102BDS AMENDED 2/08/2024 – AGREEMENT

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Other Provisions

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf.

This Agreement will be effective on (which is the Effective Date of the Agreement).

OWNER: City of Peachtree City CONTRACTOR __________________________

By: By:

Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

Peachtree City, GA 30269

License No.:

(Where applicable)

Agent for service of process:

END OF SECTION