Attachment B_Contract Requirements.pdf

(Table of Contents) - i

CONTRACT REQUIREMENTS

EPPS PARKWAY SEWER COLLECTOR UPGRADE

TABLE OF CONTENTS

Section Title Section No.

Notice of Award

Agreement

Notice to Proceed

(Notice of Award) 00500-1

SECTION 00500

NOTICE OF AWARD

TO:

Project Description

The site of the proposed work is in Oconee County, Georgia.

The Project consists of, but is not limited to the following major elements:

Oconee County’s Epps Parkway Sewer Collector Upgrade project involves the construction of approximately 2,894 LF of 12” diameter gravity sewer main to replace the existing 8” gravity sewer line between Parkway Boulevard and Oconee Connector. The majority of the new gravity sewer shall replace the existing 8” sewer along the same alignment within existing County easements that meander along the existing unnamed tributaries to McNutt Creek located south & east of Parkway Boulevard. On the upstream end of the project, the sewer shall connect to an existing manhole receiving two 8” gravity sewer lines along Oconee Connector. On the downstream end of the project, the last 41LF of gravity sewer shall deviate from the existing alignment to tie into the 12” gravity sewer line adjacent to Parkway Boulevard. Manholes 100-102 shall be new manhole locations. Manholes 103-113 shall replace existing manholes.

CONTRACTOR agrees to commence work on or before a date to be specified in a written "Notice to Proceed" of the OWNER for the project. CONTRACTOR shall fully complete all work associated with Calls Creek WRF Effluent Force Main within THREE HUNDRED SIXTY-FIVE (365) consecutive calendar days from the date of a written "Notice to Proceed".

The OWNER has considered the Bid submitted by you for the above described WORK in response to its Invitation to Bid (ITB) and has decided to award you the Contract.

You are hereby notified that your Bid has been accepted for the Contract Price of ($_________________) which is based on the unit prices shown on the Bid Schedule.

You are required by the General Instructions to execute the Agreement and furnish the required CONTRACTOR's Performance and Payment Bonds and Certificates of Insurance within fifteen

(15) calendar days from the date of this Notice.

If you fail to execute said Agreement and to furnish said Bonds within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your Bid as abandoned and as a forfeiture as may be granted by law.

(Notice of Award) 00500-2

You are required to return an acknowledged copy of this Notice of Award to the OWNER.

Dated this day of , 2025.

Oconee County Board of Commissioners

OWNER

BY:

John Daniell, Chairman

ACKNOWLEDGEMENT OF NOTICE

CONTRACTOR

BY:

DATE:

END OF SECTION

(Agreement) 00510-1

SECTION 00510

AGREEMENT

THIS AGREEMENT is dated as of the ______ day of ________________________, 2025, by and between Oconee County Board of Commissioners, Oconee County, Georgia (hereinafter called OWNER), and ________________________________________ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

The Project for which the WORK under the CONTRACT DOCUMENTS may be the whole or only a part consists of, but is not limited to, the following major elements:

Oconee County’s Epps Parkway Sewer Collector Upgrade project involves the construction of approximately 2,894 LF of 12” diameter gravity sewer main to replace the existing 8” gravity sewer line between Parkway Boulevard and Oconee Connector. The majority of the new gravity sewer shall replace the existing 8” sewer along the same alignment within existing County easements that meander along the existing unnamed tributaries to McNutt Creek located south & east of Parkway Boulevard. On the upstream end of the project, the sewer shall connect to an existing manhole receiving two 8” gravity sewer lines along Oconee Connector. On the downstream end of the project, the last 41LF of gravity sewer shall deviate from the existing alignment to tie into the 12” gravity sewer line adjacent to Parkway Boulevard. Manholes 100-102 shall be new manhole locations. Manholes 103-113 shall replace existing manholes.

ARTICLE 1 - WORK

CONTRACTOR shall complete all WORK as specified or indicated in the CONTRACT DOCUMENTS.

The WORK described previously includes all material, labor, tools, equipment, and any other miscellaneous items necessary to complete the work as described in the Technical Specifications and Construction Drawings.

ARTICLE 2 - ENGINEER

The Project has been designed by Precision Planning, Inc., 802 East Spring Street, Monroe, Georgia 30655, who is hereafter referred to as ENGINEER, and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the CONTRACT DOCUMENTS in connection with completion of the WORK in accordance with the CONTRACT DOCUMENTS.

ARTICLE 3 - CONTRACT TIME

3.1 CONTRACTOR agrees to commence WORK within ten (10) days of a date to be specified in a written "Notice to Proceed" from the OWNER and to fully complete the contract in a total construction time of THREE HUNDRED SIXTY-FIVE (365) consecutive calendar days from the date of the “Notice to Proceed”.

3.2 Time for Completion: OWNER and CONTRACTOR recognize that time is the essence of this Agreement and that OWNER will suffer financial loss if the WORK is not substantially complete within the time specified in Paragraph 3.1 above, plus any extension thereof allowed in the General Conditions. They 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 substantially complete on time. Accordingly, OWNER and CONTRACTOR understand and recognize that it is impossible to conclusively assess damages to the OWNER for the failure of the CONTRACTOR to substantially complete the project in a timely manner. Therefore, the OWNER and CONTRACTOR have agreed that a reasonable amount of damages for each day that the project remains incomplete after the contract time (as stated in paragraph 3.1) has expired would be the amount of $500.00.

(Agreement) 00510-2

ARTICLE 4 - CONTRACT PRICE

OWNER shall pay CONTRACTOR for performance of the WORK in accordance with the CONTRACT DOCUMENTS in current funds as follows: __________________________________________________

ARTICLE 5 - PAYMENT PROCEDURES

CONTRACTOR shall submit Application for Payment in accordance with the General Conditions.

Applications for Payment will be processed by OWNER as provided in the General Conditions.

5.1 Progress Payments: CONTRACTOR shall furnish to OWNER, on forms furnished by OWNER, no later than the 25th day of each month, a progress payment request for the amount of work accomplished, products furnished, and products stored at the site during the previous month. The progress payment request shall be signed by the CONTRACTOR and be supported by such data as OWNER may reasonably require. ENGINEER shall review, and within ten (10) days after receipt of each progress payment request, indicate in writing approval of the payment request to the OWNER or return the progress payment request to the CONTRACTOR indicating in writing his reasons for refusing to approve it. The OWNER will, within thirty (30) days after receipt of progress payment request, pay CONTRACTOR based on the approved progress payment request, less the retainage and other deductions pursuant to the terms of these CONTRACT DOCUMENTS. (Ref. Section 00800, Paragraph 3.17).

5.1.1 Prior to Substantial Completion progress payments will made in an amount equal to:

95% of the WORK completed, and

95% of materials and equipment not incorporated in the WORK but delivered and suitably stored, less in each case the aggregate of payments previously made.

5.1.2 If the CONTRACTOR falls behind schedule to the point that the time of completion, plus time extensions, has elapsed, then the amount specified for liquidated damages will be deducted from all CONTRACTOR pay requests submitted after the latest time of completion.

5.2 Final Payment: Upon acceptance of WORK in accordance with the General Conditions, OWNER shall pay balance due of Contract Price less payments previously made. Pay requests will be submitted in accordance with Section 00800, Paragraph 3.18; Supplementary General Provisions.

ARTICLE 6 - INDEMNIFICATION

The CONTRACTOR shall indemnify and hold harmless the OWNER and Consulting ENGINEER and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the WORK, provided that any such claim, damage, loss, expense or attorney's fees is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Clause. In any and all claims against the OWNER

(Agreement) 00510-3 or the Consulting ENGINEER or any of their agents or employees, by any employee of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation set forth in this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any Subcontractor under workers' or workmens' compensation acts, disability benefit acts or other employee benefit acts.

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS

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

7.1 CONTRACTOR shall be responsible for familiarizing himself with the nature and extent of the CONTRACT DOCUMENTS, WORK, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the WORK. CONTRACTOR is aware that he must be licensed to do business in the State of Georgia, as well as in the County of Oconee, Georgia.

7.2 CONTRACTOR shall be responsible for carefully studying all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the WORK which were relied upon by design ENGINEER in preparation of the Drawings and Specifications and which have been identified in the Supplemental General Provisions.

7.3 CONTRACTOR shall be responsible for making or causing to be made examinations, investigations and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 7.2, as he deems necessary for the performance of the WORK at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the CONTRACT DOCUMENTS; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.

7.4 CONTRACTOR shall be responsible for correlating the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the

CONTRACT DOCUMENTS.

7.5 CONTRACTOR shall be responsible for giving OWNER written notice of all conflicts, errors, or discrepancies that he has discovered in the CONTRACT DOCUMENTS and the written resolution thereof by OWNER is acceptable to CONTRACTOR.

ARTICLE 8 - CONTRACT DOCUMENTS

The CONTRACT DOCUMENTS which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:

8.1 This Agreement

8.2 Exhibits to this Agreement include the following:

Invitation to Bid, General Instructions, Bid Schedule and associated documents

8.3 Performance and Labor and Material Payment Bonds, and current Certificate of Insurance

8.4 Notice of Award

8.5 Notice to Proceed

8.6 General Terms and Conditions

8.7 Scope of Services

(Agreement) 00510-4

8.8 Standard General Conditions of the Construction Contract

8.9 Supplementary General Provisions

8.10 Technical Specifications bearing the title Epps Parkway Sewer Collector Upgrade

8.11 Construction Drawings

8.12 Addenda ____________ , dated ____________

8.13 CONTRACTOR'S Bid

8.14 Documentation submitted by CONTRACTOR prior to Notice of Award

8.15 Any modifications, including Change Orders, duly delivered after execution of Agreement.

8.16 Oconee County Utility Department Water and Wastewater Standard Specifications (latest issue)

8.17 Contractor's Affidavit

8.18 Sub-Contractors Affidavit

There are no CONTRACT DOCUMENTS other than those listed above in this Article 8. The CONTRACT DOCUMENTS may only be altered, amended or repealed by expressed written consent of OWNER.

ARTICLE 9 - MISCELLANEOUS

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

9.2 No assignment by a party hereto of any rights under or interests in the CONTRACT DOCUMENTS will be binding on another party hereto without the written consent of the party sought to be bound;

and specifically but without limitation, moneys that may become due and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the

CONTRACT DOCUMENTS.

9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the CONTRACT DOCUMENTS.

9.4 The term Special Conditions as used in the General Conditions or elsewhere in the CONTRACT DOCUMENTS, refers to the "Supplementary General Provisions".

9.5 The Supplementary General Provisions are intended to supplement, rather than replace, the General Conditions and Terms and Standard General Conditions of the Construction Contract, except where the Supplementary General Provisions are in direct conflict with the General Conditions and Terms and/or Standard General Conditions of the Construction Contract, the Supplementary General Provisions shall control.

ARTICLE 10 - PROVISIONS FOR TERMINATION OF CONTRACT

10.1 If through any cause, other than an "Excusable Delay", CONTRACTOR shall fail to fulfill its obligations under this Contract in a timely and proper manner, or if CONTRACTOR shall violate any of the covenants, agreements, conditions or obligations of the CONTRACT DOCUMENTS;

OWNER may terminate this Contract as defined in the General Conditions. In such event, OWNER may take over the WORK and prosecute the same to completion, by Contract or otherwise, and CONTRACTOR and his sureties shall be liable to OWNER for any additional cost incurred by OWNER in its completion of the WORK and they shall also be liable to OWNER for liquidated damages for any delay in the completion of the WORK as provided below.

(Agreement) 00510-5

10.2 Liquidated Damages for Delay: If the work is not completed within the time stipulated, therefore, including any extensions of time for excusable delays as herein provided, CONTRACTOR shall pay to OWNER as fixed and agreed, liquidated damages (as stated in Article 3 Paragraph 3.2) for each working day of delay, until the work is completed, and CONTRACTOR and his sureties shall be liable to OWNER for this amount.

10.3 Excusable Delays: The right of CONTRACTOR to proceed shall not be terminated nor shall CONTRACTOR be charged with liquidated damages for any delays in the completion of the work due:

10.3.1 To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency;

10.3.2 To causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of a public enemy, acts of another CONTRACTOR in the performance of some other contract with OWNER, fires, floods, epidemics, quarantine, freight embargoes, and weather of unusual severity such as hurricanes, tornados, and cyclones;

10.3.3 To acts of OWNER which cause delays, and;

Provided, however, that CONTRACTOR promptly notified OWNER within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, OWNER shall ascertain the facts and the cause and extent of delay. If upon the basis of the terms of this Contract, the delay is properly excusable, OWNER shall extend the time for completing the WORK for a period of time commensurate with the period of excusable delay.

(Agreement) 00510-6

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in three (3) parts. All portions of the CONTRACT DOCUMENTS have been signed or identified by OWNER, OWNER’S ATTORNEY, CONTRACTOR, or by ENGINEER on OWNER's behalf.

This Agreement will be effective on the date of the Agreement as shown on page 00510-1

John Daniell, Chairman Oconee Co. Board of Commissioners

ATTEST:

Clerk

(Seal)

CONTRACTOR

BY:

TITLE:

ATTEST:

Corporate

Secretary/Partner/Notary

(Seal)

NOTE: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary.

(Agreement) 00510-7

ADDRESSES FOR GIVING NOTICE

OWNER: CONTRACTOR:

Oconee County Board of Commissioners P.O. Box 145 23 North Main Street Watkinsville, Georgia 30677

Phone: (706) 769-5120 Phone:

(Notice To Proceed) 00560-1

SECTION 00560

NOTICE TO PROCEED

TO:

Project Description

The site of the proposed WORK is in Oconee County, Georgia.

The Project consists of, but is not limited to the following major elements:

Oconee County’s Epps Parkway Sewer Collector Upgrade project involves the construction of approximately 2,894 LF of 12” diameter gravity sewer main to replace the existing 8” gravity sewer line between Parkway Boulevard and Oconee Connector. The majority of the new gravity sewer shall replace the existing 8” sewer along the same alignment within existing County easements that meander along the existing unnamed tributaries to McNutt Creek located south & east of Parkway Boulevard. On the upstream end of the project, the sewer shall connect to an existing manhole receiving two 8” gravity sewer lines along Oconee Connector. On the downstream end of the project, the last 41LF of gravity sewer shall deviate from the existing alignment to tie into the 12” gravity sewer line adjacent to Parkway Boulevard. Manholes 100-102 shall be new manhole locations. Manholes 103-113 shall replace existing manholes.

You are hereby notified to commence WORK in accordance with the Agreement dated , 2025 on or before , 2025, and you are to complete the WORK on or before , .

Dated this day of , 2025.

John Daniell, Chairman Oconee County Board of Commissioners

Receipt of the above "Notice to Proceed" is hereby acknowledged this the day of , 2025.

CONTRACTOR NAME/TITLE