Bid Invitation

A Project Manual For

Hydroponics Greenhouse at Commodore Conyers College & Career Academy

Bid No. 22-FAC-010

Bid Document September 23, 2021

TABLE OF CONTENTS

Section A: Invitation to Bid Page A-1 to A-2

Section B: Bid Form Page B-1 to B-8

Section C: Instructions to Bidders Page C-1 to C-7 C-01 Bid Issuance/Owner Contacts Page C-1 C-02 Pre-Bid Meeting Page C-1 C-03 Schedules Page C-1 C-04 Interpretation/Addenda Page C-1 to C-2 C-05 Examination of Site Page C-2 C-06 Bid Form/Submittal Page C-2 C-07 Bid Security Page C-2 C-08 Bid Acceptance/Award Page C-2 to C-3 C-09 Owner’s Right to Negotiate with Lowest Bidder Page C-3 C-10 Contractor Performance Page C-3 C-11 Contract Form Page C-3 C-12 Bonding and Insurance Page C-3 to C-4 C-13 Georgia Immigration and Security Reform Act Page C-4 C-14 Application for Payment Page C-4 C-15 Changes in the Work Page C-4 C-16 Trade Names Page C-4 to C-5 C-17 Submittals Page C-5 to C-6 C-18 Release of Liability Page C-6 C-19 Non-Bias Statement Page C-6 C-20 DJEA - Equal Opportunity for Competitive Bids Page C-6 to C-7 C-21 Local/ Minority/DBE Participation Page C-7 C-22 Drug Free/Tobacco Free Statement Page C-7 C-23 Safe School Statement Page C-7 C-24 Asbestos Hazard Warning Page C-7

Section D: Construction Contract Page D-1 to D-3

Section E: Table of Contents for General Conditions Page E-i to E-ii General Conditions Page E-1 to E-24

Section F: Supplementary General Conditions Page F-1 to F-7

Section G: Exhibits Page G-1 to G-20 A. Performance Bond Page G-1 to G-2 B. Payment Bond Page G-3 to G-4 C. Casualty Endorsement Page G-5 D. Builder’s Risk Endorsement Page G-6 E Venue and Jurisdiction Form Page G-7 F. Georgia Security and Immigration Compliance Act Page G-8 to G-11 G. Application for Payment Page G-12 to G-15 H. Change Order Form Page G-16 I. Non-Influence Affidavit Page G-17 J. Statutory Affidavit Page G-18 K. Asbestos Containing Materials in Schools Page G-19 L. Certificate of Manufacturer Page G-20 M. Section H: Technical Specifications/Drawings i

SECTION A

INVITATION TO BID

Hydroponics Greenhouse at Commodore Conyers College & Career Academy

Sealed Bids will be received by the Dougherty County Board of Education in the Office of the Logistical Services Department located at 601 Flint Avenue, Albany, Georgia, 31701 until 1:30 pm EST on Tuesday, November 16, 2021. Those Bids will then be publicly opened and read. Bidders will be required to submit specific information/documentation with their Bids.

The scope of work shall include all material, labor, and equipment required to construct the greenhouse with hydroponic growing systems as specified in the bid documents. Work shall include grading, concrete, electrical, mechanical, plumbing, and a specialized hydroponic greenhouse contractor to erect the greenhouse and install the fully functional hydroponic growing system as specified in the bid documents.

Bids must be submitted on the proper Bid Forms (include all required attachments). Bids received after the designated times and/or without the required attachments will not be considered. No oral, telephonic, telegraphic, facsimile, or written modification to the bid will be considered after bid time. No bid may be withdrawn for a period of 60 days after time and date of opening. The Owner reserves the right to reject any or all bids and to waive technicalities and informalities.

If the Bid exceeds $100,000.00, Bidders will be required to furnish a 5% Surety Bid Bond with their Bid.

The successful Bidder will be required to furnish Performance and a Payment Bonds in an amount equal to 100% of the Contract Amount and issued by a Corporate Surety authorized to conduct business in the State of Georgia.

It is the Owners intent to award the project to a single Firm which will act as the Prime Contractor responsible for coordinating the work of all trades and ensuring the entire project is completed as scheduled.

The Contract, if awarded, will be to the lowest responsive and responsible Bidder.

There will be a Mandatory Pre-Bid Meeting at 10:00 am EST on Thursday, October 28, 2021 at Commodore Conyers College and Career Academy; 1615 Newton Road; Albany, Georgia. Firms who do not attend the Mandatory Pre-Bid Meeting will not be eligible to submit a Bid. A general discussion of the project will take place at the pre-bid meeting. The pre-bid meeting will begin promptly at 10:00 am EST and the Owner reserves the right to disqualify firms arriving late to the pre-bid meeting. A walk-thru of the project and site will be provided after the meeting.

Bid Documents may be obtained at the office of Facilities Services Department, 1711 Schilling Avenue, Albany, Georgia 31705, phone (229) 431-1301. A copy of the Register of Bid Documents, listing current Bid Document recipients, may be obtained through the Design Professional.

The Dougherty County School System supports all equal opportunity policies: Federal, State, and Local.

DCSS will not tolerate bias related activities, e.g. racial slurs, sexual harassment, from employees and/or contractors conducting work on behalf of DCSS.

The work to be performed under this Contract is subject to the Dougherty County Board of Education’s policy on Equal Opportunity for Competitive Bids, DJEA~E. The DCSS encourages all Local/Minority/DBE Contractors to compete for and receive contracts for goods, services and construction associated with this project. Prime Contractors are encouraged to voluntarily pursue the maximum use of Local/Small Business/Minority/DBE Sub-Contractors and Suppliers.

Dougherty County School System supports a drug free workplace and does not tolerate any use or possession of drugs and/or alcohol or use of such substances prior to performing any work on behalf of DCSS. Use of tobacco products is prohibited in all buildings and on all premises of DCSS.

A-1

The Dougherty County School System requires all individuals working within a school building, or on a school site, to submit to a background check pertaining to felony convictions and sex offender convictions.

Violent felons and sex offenders shall not be allowed within a school building or on a school site while school staff or students are in the building or on the site. Convicted predatory sex offenders shall not be allowed on DCSS property at any time. All decisions made in this effort to promote a safe school environment shall be assessed at the sole discretion of the DCSS Staff and the Dougherty County Board of Education.

Sealed Bids should be addressed To: Note in Lower Left Corner of Envelope:

Sharonda Thompson, Director Bid Number: 22-FAC-010 Dougherty County School System Bid Name: Hydroponic Greenhouse at Commodore Logistical Services Department Conyers College & Career Academy 601 Flint Avenue Bid Date: November 16, 2021 at 1:30 pm EST Albany, Georgia 31701

Company:_________________________________________

A-2

SECTION B

BID FORM

Company Name: __________________________________________________ Date: _______________

BASE BID:

Having carefully examined the Bid Documents entitled Hydroponics Greenhouse at Commodore Conyers College & Career Academy, Bid No. 22-FAC-010 for the Dougherty County Board of Education, Albany, Georgia, dated September 23, 2021; its attachments; and addendum no. (s)________;

as well as the premises and conditions affecting the Work, the undersigned proposes to provide all services, labor, materials, and equipment required by them to perform the entire Work, in accordance with said documents for the sum of:

______________________________________________________________________________ Dollars

($__________________________) which sum is herein after called the “Base Bid”.

BID BOND:

Enclosed herewith is a Bid Bond in the amount of ______________________________________ Dollars

($__________________), being not less than 5% of the Base Bid payable to Dougherty County Board of Education. Certified checks or other forms of bid security are not acceptable.

Bids in excess of $100,000.00 must be accompanied by a five percent (5%) Surety Bid Bond. Bids less than $100,000 do not require a Bid Bond. The undersigned agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and/or to furnish the Performance and Bond in case this Bid is accepted.

The undersigned further agrees that if this bid is accepted within sixty (60) days after the date set for the opening of bids and the undersigned fails to execute a Contract for the Work within ten (10) business days after written notice of such acceptance, or if he fails to furnish the Performance Bond, Payment Bond, and Insurance, the obligation of the Bid Bond, if applicable, will remain in full force and effect and the money payable thereon shall be paid into funds of the Owner as liquidated damages for such failure; otherwise the obligation of the bond will be null and void.

Prior to the bid opening date and hour, errors may be stricken or revisions made and corrections entered on the Bid Form(s) and/or on the outside of the Sealed Envelope, provided that any such strike-over or revision is signed in ink by the person signing the bid or their agent. No oral, telephonic, telegraphic, or facsimile modification to the Bids will be considered after the time set for opening proposals.

The undersigned agrees that this proposal may not be revoked or withdrawn after the time set for opening of bids, but shall remain open for acceptance for a period of sixty (60) days following such time.

BID AWARD:

It is the Owners intent to award the project to a single firm which will act as the Prime Contractor responsible for coordinating the work of all trades and ensuring the entire project is completed as scheduled.

The Owner reserves the right to reject any or all bids, to waive technicalities and informalities, and to reduce or expand the Project as they deem appropriate.

The undersigned understands and agrees, if this bid is awarded, it will be awarded to the lowest qualified Bidder judged most advantageous to the DCSS in the areas of lowest responsible bid, financial stability, and proof of ability to fully complete the project on schedule. Upon Owner’s request all information needed to document the above requirements will be provided immediately.

B-1

In the event the undersigned is notified in writing by facsimile, mail, or delivery of the acceptance of this bid within sixty (60) days after the time set for the opening of bids, the undersigned agrees to execute a Contract for the Work for the above stated compensation and/or to schedule a Pre-Contract Meeting with the Owner within ten (10) business days after the issuance of the Notice of Acceptance. All required Pre- Contract Submittals shall be reviewed during this meeting.

Once the Pre-Contract Submittals have been reviewed and approved, the Owner shall issue a Contract for the Work for the above stated compensation for the Contractor to execute.

The undersigned understands and agrees, if the Contract Sum exceeds $100,000.00, they shall be required to furnish a Performance and a Payment Bond, both in an amount equal 100% of the Contract Sum, issued by a Corporate Surety authorized to conduct business in the State of Georgia, and payable to Dougherty County Board of Education.

COMMENCEMENT OF WORK:

The undersigned agrees to commence actual physical work with an adequate force and equipment within ten (10) calendar days of a date to be specified in a written Notice to Proceed and shall achieve Final Completion of all work within sixty (60) calendar days of said date.

If the undersigned fails to commence actual physical work with an adequate force and equipment within ten (10) calendar days of the date to be specified in a written Notice to Proceed, the Owner reserves the right to null and void the Contract.

BID SUBMITTAL INFORMATION:

Bids shall be submitted on the Bid Form provided. The Bid Form shall not be changed or modified in any way. Fill in all blanks on the Bid Form. Bid submittal and signature of authorized representative shall indicate intention to comply with all of the requirements of the Bidding Documents.

Bid submittal certifies that Bidder has been granted and possesses all necessary, valid, current licenses to do business in the State of Georgia as issued by the respective State Boards and Government Agencies responsible for regulating and licensing the services to be provided and pursuant to this Agreement.

Provide one (1) original Proposal Form and one (1) copy with the following information in the order specified:

1. Executed Bid Form.

2. Executed Bid Bond, if the Bid exceeds $100,000.00.

3. Executed Bidders Qualifications.

4. Executed Certification of Non-Collusion.

5. Executed Contractor’s Affidavit.

6. Executed DJEA-E Statement of Assurance for Competitively Bid Contracts.

7. Provide a list of any Sub-Contractors to be utilized on this project.

8. Current Business License.

B-2

BID CERTIFICATION:

The above Bid is in response to the Bidding Documents titled Hydroponics Greenhouse at Commodore Conyers College & Career Academy, Bid No. 22-FAC-010 for the Dougherty County Board of Education, Albany, Georgia; dated September 23, 2021; and its attachments and addenda.

By submitting this Bid, the undersigned acknowledges that they or their representative have visited the project site and have taken into consideration all observed conditions that might affect the work.

Under oath I certify that I am principal or other representative of the Bidder and that I am authorized by it to execute the forgoing offer on its behalf:

Company Name: __________________________________________________________________________

Address: ________________________________________________________________________________

City: ________________________________ State: ____________________ Zip: _____________________

Telephone: ___________________________________ Fax: ______________________________________

Name (Print/Type): ____________________________________________

Title: _____________________________________________________

Signature: __________________________________________________

E-Mail: ____________________________________________________

Date: ______________________________________________________

Notary Public: _______________________________________________

____________________________County, Georgia

(Apply Seal Here) My Commission Expires: ____________________

Subscribed and Sworn Before Me On This __ Day of ___________, 20___.

B-3

STATEMENT OF BIDDER’S QUALIFICATIONS

Name of Bidder________________________________________________________________

Business Address_______________________________________________________________

When Organized_________________________ Where incorporated______________________

How many years have you been engaged in the business under the present firm name? ________

Credit Available for this Contract $_________________________________________________

Contracts now in hand, Gross Amount $_____________________________________________

Plan of Organization: Corporation: _____ Partnership: ______ Sole Proprietorship: _______

Have you ever refused to sign a contract based on your original bid? ______________________

Have you ever defaulted on a contract?______________________________________________

Remarks ______________________________________________________________________

By ____________________________________________ Date_________________________

Printed Name and Title

Notary Public: _____________________________

This _______ Day of _________________, 20___.

My Commission Expires:____________________

RETURN WITH PROPOSAL FORM

B-4

CERTIFICATION OF NON-COLLUSION

I certify that this Bid/Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid/Proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud per the requirements of OCGA 50-5-67 (e).

I certify that this Bid/Proposal is made without prior understanding, agreement, or connection with any member of the government agency letting this public works contract and is in all respects fair and without collusion or fraud per the requirements of OCGA 36-91-21 (f).

I further certify that the provisions of the Official Code of Georgia Annotated 45-10-20 et. seq.

have not and will not be violated in any respect.

I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this Bid/Proposal, and certify that I am authorized to sign this Bid/Proposal for the Bidder/Offeror.

The Bidder being sworn disposes and says, 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.

Company Name: ______________________________________________________________________

Address: _____________________________________________________________________________

City: _______________________________ State: __________________ Zip: ____________________

Name: Title: __________________________________

Signature: Date: ________________________________

(Apply Seal Here)

RETURN WITH BID FORM

B-5

CONTRACTOR’S AFFIDAVIT

STATE OF GEORGIA, COUNTY OF ____________________________________________,

_______________________________________________________________being duly sworn, (Insert Name of Affiant) hereby deposes and says that he/she has read, and is familiar with, the provisions of the Official Code of Georgia Annotated Section 36-91-21(d) which provides as follows:

Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or proposals by any means whatever. No persons who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefore by any means whatever, nor shall such person so desiring work cause or induce another to withdraw a bid or proposal for work.

And that he/she has not directly or indirectly violated said provisions of the law.

In accordance with the Official Code of Georgia Annotated Section 36-91-21(e):

If the Contractor is a Partnership, the Affidavit shall be executed by all partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract.

If the Contractor is a Corporation, the Affidavit shall be executed by all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall execute the affidavit.

Further, Affiant saith not.

This ________ day of ____________________________________, 20_______

(Signature of Affiant)

Notary Public: _______________________________________________

____________________________County, Georgia

(Apply Seal Here)

B-6

DJEA~E

DJEA - COMPETITIVELY BID CONTRACTS

Equal Opportunity for Competitive Bids

It shall be the policy of the Dougherty County Board of Education to promote and insure equal opportunity for all persons, without regard to race, color, religion, sex, handicap, or national origin, employed by or seeking employment with vendors and/or contractors doing business with the Board. As a condition of doing business with the Board, each vendor and/or contractor shall furnish assurance that its business will be operated in accordance with the policy attached hereto and identified as "Competitively Bid Contracts," Policy DJEA.

The following equal opportunity clause shall be deemed incorporated into every contract and agreement between the Board and any of its vendors and/or contractors:

1. The vendor/contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, or national origin. The vendor/contractor shall take appropriate action to ensure that applicants are employed and that employees are treated during employment without regard to race, color, religion, sex, handicap, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation, and training.

2. In the event of the vendor/contractor's noncompliance with the nondiscrimination policy of the Board, any contract or purchase order may be canceled, terminated or suspended, in whole or in part, and the vendor/contractor may be declared ineligible to transact further business with the Board.

All vendors and persons desiring to transact business with the Board are to provide assurance that their business will be conducted in accordance with this nondiscrimination policy and that such vendors and/or contractors agree to and shall abide by the equal opportunity clause set forth in this policy.

It is the further policy of the Board to insure equal opportunity for minority/women owned businesses and minority/women professionals with regard to all work, services, and supplies purchased by the Board and all construction projects undertaken by the Board which are competitively bid by the Board.

B-7

DJEA~E

DJEA - COMPETITIVELY BID CONTRACTS

STATEMENT OF ASSURANCE

The undersigned Vendor/Contractor provides this Statement of Assurance to the Dougherty County School System wherein the Undersigned acknowledges receipt and awareness of the DJEA

- Competitively Bid Contracts policy and agrees to observe and be bound by all applicable provisions contained therein.

The undersigned submits this Statement of Assurance, understanding that a failure to submit said Statement of Assurance may constitute a basis for rejecting the undersigned’s bid.

Company Name: ______________________________________________________________________

Address: _____________________________________________________________________________

City: _______________________________ State: __________________ Zip: ____________________

Name: Title: __________________________________

Signature: Date: __________________________________

(Apply Seal Here)

B-8

SECTION C

INSTRUCTIONS TO BIDDERS

C-01 Bid Issuance/Owner Contacts. This Bid is issued for Dougherty County School System (DCSS) by the Director of the Facilities Services Department, Bob Fowler. All expenses for preparing and submitting bids are the sole cost of the party submitting the bid and the DCSS is not obligated to any party to reimburse such expenses.

C-02 Pre-Bid Meeting. There will be a Mandatory Pre-Bid Meeting at 10:00 am EST on Thursday October 28, 2021 at Commodore Conyers College and Career Academy; 1615 Newton Road;

Albany, Georgia. Firms who do not attend the Mandatory Pre-Bid Meeting will not be eligible to submit a Bid.

A general discussion of the project will take place at the pre-bid meeting. The pre-bid meeting will begin promptly at 10:00 am EST and the Owner reserves the right to disqualify firms arriving late to the pre-bid meeting.

An opportunity to walk the site will be made available after the meeting to those individuals interested.

C-03 Schedules. It is the intent of the Owner to present a Recommendation to the Board of Education to Award the Bid on the first available Board Meeting after the Bid date and issue the Notice of Intent to Award the Contract to the Contractor after subsequent Board approval.

The undersigned agrees to commence actual physical work with an adequate force and equipment within ten (10) calendar days of a date to be specified in a written Notice to Proceed and shall achieve Final Completion of all work within sixty (60) calendar days of said date.

If the Contractor fails to commence actual physical work with an adequate force and equipment within ten (10) calendar days of a date to be specified in a written Notice to Proceed, the Owner reserves the right to null and void the Contract.

C-04 Interpretations/Addenda. No oral interpretations will be made to bidders as to the requirements of the Bidding Documents (i.e., Project Manual/Specifications, drawings, and addenda thereto).

Requests for interpretations of the Bidding Documents shall be made in writing to the Design Professional not later than seven (7) calendar days prior to the date set for receipt of bids.

Any explanation desired by a bidder regarding ambiguity, meaning, or interpretation of any portion of this Bid Document must be presented in writing to Tony Reese; Dougherty County School System, Facilities Services Department; 1711 Schilling Avenue; Albany, Georgia 31705. Phone:

(229) 431-1301, Fax: (229) 431-1252, email: treese@docoschools.org.

All interpretations made to bidders will be issued in the form of addenda to the Bid Documents. No addenda will be issued within three (3) business days of the date set for receipt of bids. Such addenda are to be acknowledged in the appropriate location on the Bid Form. If the Bid is accepted, such addenda become part of the Bidding Documents.

It is the responsibility of each bidder presenting a Quotation to confirm with the Design Professional they have received all addenda prior to bidding. The contact person for confirmation of addenda is Tony Reese; Phone: (229) 431-1301, Fax: (229) 431-1252.

C-05 Examination of Site. In undertaking the work under this Contract, the Contractor acknowledges that he has visited the Project Site and has taken into consideration all observed conditions that might affect his work. The Owner reserves the right to reject any or all Bids and to waive technicalities and informalities.

C-1

C-06 Bid Form/Submittal. Sealed Bids will be received by the Dougherty County Board of Education in the Office of the Logistical Services Department located at 601 Flint Avenue, Albany, Georgia, 31701 until 1:30 pm EST on Tuesday, November 16, 2021. Those bids will then be publicly opened and read.

Bids must be submitted on the proper form and must be signed, notarized, and sealed by a notary public. Bids received after the designated time or without the required attachments will not be considered.

The inclusion of any condition, alternate, limitation, or provision not called for in the bid form will render the bid irregular, and shall be sufficient cause for rejection of a bid. Bid responses containing provisions for late or interest charges will not be considered for an award.

Fill in all blanks on the Bid Form, failure to complete entries in all blanks on the bid form shall be sufficient cause for rejection of a bid. Include all required attachments. The completed form shall be without interlineations, alterations, or erasures. Bid submittal and signature of authorized representative shall indicate intention to comply with all of the requirements of the Bid Documents.

A bid must be submitted for all specified alternates, if any. If a price is not provided for all alternates the Contractor’s bid may be determined non-responsive and not considered for award.

Prior to the bid opening date and hour, errors may be stricken or revisions made and corrections entered on the Bid Form(s) and/or on the outside of the Sealed Envelope, provided that any such strike-over or revision is signed in ink by the person signing the bid or their agent. No oral, telephonic, telegraphic, or facsimile modification to the Bids will be considered after the time set for opening proposals.

Bids may be withdrawn by bidders prior to the time set for official opening. After time has been called, no bid may be withdrawn for a period of sixty (60) calendar days after the time and date of opening, except as provided in O.C.G.A. Section 13-10-22 (appreciable error in calculation of bid).

Negligence or error on the part of any bidder in preparing the bid confers no right of withdrawal or modification of the bid after time has been called, except as provided by Georgia law.

C-07 Bid Security. If the Bid exceeds $100,000.00, Bidders shall be required to furnish a 5% Surety Bid Bond with their Bid (certified checks or other forms of bid security are not acceptable). Bid Bonds shall be issued on forms accepted as standard by the insurance industry.

If the Bid is accepted within sixty (60) days after the date set for the opening of bids and the undersigned fails to execute a Contract for the Work within ten (10) business days after written notice of such acceptance, or if he fails to furnish the Performance Bond, Payment Bond, and Insurance, the obligation of the bid bond, if applicable, will remain in full force and effect and the money payable thereon shall be paid into funds of the Owner as liquidated damages for such failure;

otherwise the obligation of the bond will be null and void.

C-08 Bid Acceptance/Award. It is the Owners intent to award the project to a single firm which will act as the Prime Contractor responsible for coordinating the work of all trades and ensuring the entire project is completed as scheduled. The Owner reserves the right to reject any or all bids, to waive technicalities and informalities, and to reduce or expand the Project as they deem appropriate.

If this bid is awarded, it will be awarded to the lowest qualified Bidder judged most advantageous to the Dougherty County Board of Education and Dougherty County School System (DCSS) Staff in the areas of lowest responsible and responsive bid, financial stability, and proof of ability to fully complete the project on schedule. All information needed to document the above requirements will be provided immediately upon request.

Only Contractors that have a minimum of one year of demonstrated experience in the present company name for projects of similar content and complexity will be eligible for award. References about the firm and their demonstrated experiences may be a factor in determination of bid responsiveness and responsibility.

C-2

In the event the Bidder is notified in writing by facsimile, mail, or delivery of the acceptance of this bid within sixty (60) days after the time set for the opening of bids, the undersigned agrees to execute a Contract for the Work for the above stated compensation and/or to schedule a Pre- Contract Meeting with the Owner within ten (10) business days after the issuance of the Notice of Acceptance. All required Pre-Contract Submittals shall be reviewed during this meeting.

Once the Pre-Contract Submittals have been reviewed and approved, the Owner shall issue a Contract for the Work for the above stated compensation for the Contractor to execute. Once the Contract has been executed and the Pre-Contract Submittals have been reviewed and approved, the Owner shall issue a Notice to Proceed with the work.

C-09 Owner’s Right to Negotiate with Lowest Bidder. In accordance with 36-91-21© (2)(d), in the event all responsive bids are in excess of the budget, the Owner, in its sole and absolute discretion and in addition to the rights set forth above, reserves the right to negotiate with the lowest responsive and responsible bidder only for the purpose of making changes to the Project that will result in a cost to the Owner that is within the budget.

The Dougherty County School System (DCSS) reserves the right to identify and negotiate reductions or changes by the successful bidder which would be to their advantage. The cost or credit to the Owner from a change in the work and/or material consisting of additions, deletions, or modifications shall be determined by mutual agreement.

C-10 Contractor Performance. The successful Bidder shall be required to fulfill all the undertakings, covenants, terms, conditions, and agreements of the Contract. The successful bidder and his employees shall have been granted and possesses all necessary, valid, and current licenses to do business in the State of Georgia as issued by the respective State Boards and Government Agencies responsible for regulating and licensing the services to be provided and pursuant to this Agreement, including local licenses, permits, and certificates required to perform their work.

It is the responsibility of all Contractors and Sub-Contractors to register all work with the Albany/Dougherty County Planning and Development Services and obtain all required City/County permits, applications, and licenses. Contact (229) 431-2118 for information concerning licensing.

The successful bidder must submit a copy of their current City of Albany Business License, their current State Business License (if not from Albany), Licenses, Notifications, and Permits prior to performing any billable work.

C-11 Contract Form. The Contract Form is located in Section D and shall incorporate the provisions of the General Conditions and Supplemental General Conditions. The Contract must be executed by all parties prior to Contractor or Sub-Contractors providing any billable services.

C-12 Bonding and Insurance. Surety and insurance companies must be acceptable to the Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties Department Circular (570) are acceptable. All insurance certificates and bonds must be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. Such company shall be an insurer with an A.M.

Best Financial Strength Rating of “A-“ or better and with an A.M. Best Financial Size Category of Class V or larger.

For Contracts in excess of $100,000, the successful Bidder shall be required to furnish Performance and Payment Bonds in an amount equal to 100% of the Contract Amount, by a Corporate Surety authorized to conduct business in the State of Georgia, and payable to Dougherty County Board of Education. The Performance and Payment Bond Forms are found in Exhibit A & B. Executed Bonds must be submitted to the Owner prior to Contractor providing any billable services.

Contractor shall provide, as a minimum, the insurance coverage’s as required by Article E-33 of the General Conditions.

C-3

All of the Insurance/Bonding costs shall be furnished and paid for by the Contractor for the duration of the Contract, and the cost of the premiums shall be included in the Bid.

C-13 Georgia Security and Immigration Compliance Act. Contractors, Sub-Contractors, and Sub- Sub-Contractors performing physical services/work on this project are subject to the requirements of O.C.G.A. § 13-10-91, the Georgia Security and Immigration Compliance Act, and shall verify that all trades on-site have registered with, are authorized to use, and use the federal work authorization program commonly known as E-verify and provide documentation of compliance to the Owner prior to commencement of work by any trade in accordance with Article E-05 of the General Conditions and the forms provided in Exhibit F.

C-14 Application for Payment. The Contractor shall submit an application for each payment to the Design Professional on a form supplied and/or approved by the Design Professional in accordance with Article E-58 of the General Conditions and Exhibit G. Invoices shall be processed by the Owner within thirty (30) calendar days of receipt by the Owner.

Submit three (3) original Payment Applications to the attention of Tony Reese; Facilities Services Department; 1711 Schilling Avenue; Albany, Georgia 31705.

C-15 Changes in the Work. The Owner reserves the right to reduce or expand the contract as they deem appropriate. The Owner may order changes in the schedule, work, and/or materials consisting of additions, deletions, or modifications. The contract sum and the contract time will be adjusted accordingly. All such changes shall be authorized by a written change order, signed by the Owner, prior to its performance in accordance with Article E-49 of the General Conditions and utilizing the Change Order Form in Exhibit H.

C-16 Trade Names. No Restriction of Competition. When reference is made in the Contract Documents to trade names, brand names, or to the names of manufacturers, such references are made solely to indicate that products of that description may be furnished and are not intended to restrict competitive bidding. If it is desired to use products of trade or brand names or of manufacturers’ names which are different from those mentioned in the bidding documents, application for the approval of the use of such products must reach the hands of the Design Professional at least ten

(10) calendar days prior to the date set for the opening of bids. The Owner may at any time add trade names, brand names or names of manufacturers by addendum.

Burden of Proof. The burden of proving acceptability of a proposed product must be accompanied by technical data that the party requesting approval submits in support of their application for approval. The application for approval of a proposed product must be accompanied by a detailed schedule/description how the materials or equipment submitted for consideration differ from the materials or equipment designated in the bidding documents. The degree of proof required for approval of a proposed product as acceptable for use in place of a named product is that amount of proof necessary to convince a reasonable person beyond all doubt. To be approved, a proposed product must also meet or exceed all express requirements of the Contract Documents. The Owner reserves the right to reject any products they deem not to meet the basis of design.

Issuance of Addenda. If the submittal is approved by the Design Professional, an addendum will be issued to all prospective bidders. Issuance of an addendum is a representation to all bidders that the product submitted for approval is acceptable and meets or exceeds all express requirements. In order for the Design Professional to prepare an addendum intelligently, an application for approval of a product must be accompanied by a copy of the published recommendations of the manufacturer for the installation of the product together with a complete schedule of changes in the drawings and specifications, if any, which must be made in other work in order to permit the use and installation of the proposed product in accordance with the recommendations of the manufacturer of the product. Unless requests for approvals of other products have been received and approvals have been published by addendum in accordance with the above procedure, the successful bidder may furnish no products of any trade names, brand names, or manufacturers’ names except those designated in the Contract Documents.

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Conference with the Owner. Any party who alleges that rejection of a submittal is the result of bias, prejudice, caprice, or error on the part of the Design Professional may request a conference with a representative of the Owner, PROVIDED: That the request for said conference, submitted in writing, shall have reached the Owner at least five (5) calendar days prior to the date set for the opening of bids, time being of the essence.

C-17 Submittals.

Bid Submittals. One original copy of Bid Form and Bid Submittals.

1. Executed Bid Form.

2. Executed Bid Bond, if the Bid exceeds $100,000.00.

3. Executed Bidders Qualifications.

4. Executed Certification of Non-Collusion.

5. Executed Contractor’s Affidavit.

6. Executed DJEA-E Statement of Assurance for Competitively Bid Contracts.

7. Current Business License.

8. Provide a list of any Sub-Contractors to be utilized on this project.

Pre-Contract Submittals.

1. Three signed Construction Contract Forms (as prepared by Owner).

2. One original Performance Bond and Payment Bond (include Power of Attorney), if the

Contract Sum exceeds $100,000.00 (Section 00700, Exhibit A & B).

3. One original Insurance Certificate (faxes are not acceptable).

4. Casualty Endorsement (Exhibit C).

5. Builder’s Risk Endorsement (Exhibit D)(If Applicable).

6. Venue and Jurisdiction Form (Exhibit E).

7. Non-Influence Affidavit (Exhibit I).

8. One copy of current City of Albany Business License or an application to obtain one.

9. One copy of the DCSS Vendor Form. Copies can be filled-out and/or printed from:

www.dougherty.k12.ga.us/purchasing/vendorinfo.htm.

Pre-Construction Conference Submittals.

1. A list of all Sub-Contractors that will be utilized on this project. Provide the company name, complete address, and the contract amount for their work.

2. General Contractor’s Certification that all Sub-Contractors are covered by their own Employers Liability Insurance Coverage, or that of the General Contractor’s Coverage, per Article E-33 of the General Conditions.

3. Worker’s Background Check Form for each employee and sub-contract employee that will be on site. The Form HRS-F013 can be filled-out and printed from:

www.docoschools.org/dpms/docmasterlist.htm

4. Georgia Security and Immigration Compliance Act E-Verify Affidavits and Agreements for the General Contractor, Sub-Contractors, and Sub-Sub-Contractors provided for Item No. 1 above (Exhibit F for proper forms).

5. All Pre-Construction Submittals required by the Technical Specification. Provide three

(3) copies bound in a separate book.

Submittals Prior to Starting Work on Site.

1. Three copies of the schedule per Article E-08 of the General Conditions.

2. Shop Drawings, Product Data, and Samples required by the Technical Specifications.

3. Pay Application Form and Initial Breakdown/Schedule of Values (Exhibit G).

4. Schedule of Existing Damage per Article E-19 of the General Conditions.

Submittals During Work.

1. Notification/Requests for Inspection(s). This includes, but is not limited to: Articles E- 52, E-55, E-66, E-67, E-75, and E-76 of the General Conditions.

2. Written amendments to Performance and Payment Bonds per Article E-32.c of the General Conditions.

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3. Submittals required by Technical Specifications. Provide two (2) copies of each.

Post-Construction Submittals (must be provided prior to Substantial Completion Notice).

1. Non-Influence Affidavit (Exhibit I).

2. Statutory Affidavit (Exhibit J).

3. Certificate of Manufacturer for all Equipment Installed (Exhibit K).

4. All Post-Construction Submittals required by the Technical Specification. Provide three

(3) copies bound in a separate book.

C-18 Release of Liability. It is expressly understood that the Dougherty County School System (DCSS) shall not be liable to any Contractor/Sub-Contractor and that said Contractor/Sub-Contractor will hold harmless DCSS, its officers, employees and agents from any loss, damage, expense or liability arising out of or in connection with the performance and installation work pursuant to this bid or any special contract resulting from this bid by Contractor/Sub-Contractor occasioned by the negligent acts or omissions of employees, officers or agents of Contractor/Sub-Contractor in accordance with Article E-33 of the General Conditions.

C-19 Non-Bias Statement. The Dougherty County School System (DCSS) supports all equal opportunity policies: Federal, State, and Local. DCSS will not tolerate bias related activities, e.g.

racial slurs, sexual harassment, from employees and/or contractors conducting work on their behalf.

C-20 DJEA - Equal Opportunity for Competitive Bids.

1. It shall be the policy of the Dougherty County Board of Education to promote and insure equal opportunity for all persons, without regard to race, color, religion, sex, handicap, or national origin, employed by or seeking employment with vendors and/or contractors doing business with the Board. As a condition of doing business with the Board, each vendor and/or contractor shall furnish assurance that its business will be operated in accordance with the policy attached hereto and identified as "Competitively Bid Contracts," Policy DJEA.

2. The following equal opportunity clause shall be deemed incorporated into every contract and agreement between the Board and any of its vendors and/or contractors:

3. The vendor/contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, or national origin. The vendor/contractor shall take appropriate action to ensure that applicants are employed and that employees are treated during employment without regard to race, color, religion, sex, handicap, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation, and training.

4. In the event of the vendor/contractor's noncompliance with the nondiscrimination policy of the Board, any contract or purchase order may be canceled, terminated or suspended, in whole or in part, and the vendor/contractor may be declared ineligible to transact further business with the Board.

5. All vendors and persons desiring to transact business with the Board are to provide assurance that their business will be conducted in accordance with this nondiscrimination policy and that such vendors and/or contractors agree to and shall abide by the equal opportunity clause set forth in this policy.

6. It is the further policy of the Board to insure equal opportunity for minority/women owned businesses and minority/women professionals with regard to all work, services, and supplies purchased by the Board and all construction projects undertaken by the Board which are competitively bid by the Board.

C-21 Local/Minority/DBE Participation. The work to be performed under this Contract is subject to the Dougherty County Board of Education’s policy on Equal Opportunity for Competitive Bids, DJEA~E. The Dougherty County School System (DCSS) encourages all Local/Minority/DBE Contractors to compete for and receive contracts for goods, services

C-6 and construction associated with this project. Prime Contractors are encouraged to voluntarily pursue the maximum use of Local/Small Business/Minority/DBE Sub- Contractors and Suppliers.

C-22 Drug Free/Tobacco Statement. The Dougherty County School System (DCSS) supports a drug free workplace and does not tolerate any use or possession of drugs and/or alcohol on its premises or use of such substances prior to performing any work on their behalf. Use of tobacco is prohibited in all buildings and on all DCSS premises.

C-23 Safe School Statement. The Dougherty County School System (DCSS) requires all individuals working within a school building, or on a school site, to submit to a background check pertaining to felony convictions and sex offender convictions. Violent felons and sex offenders shall not be allowed within a school building or on a school site while school staff or students are in the building or on the site. Convicted predatory sex offenders shall not be allowed on DCSS property at any time. All decisions made in this effort to promote a safe school environment shall be accessed at the sole discretion of the DCSS Staff and the Dougherty County Board of Education.

C-24 Asbestos Hazard Warning. The buildings within the Dougherty County School System may have building materials that contain asbestos. There are asbestos inspection reports and management plans on file in the office of Facilities Maintenance and Capital Projects Department of the Dougherty County School System which will be provided to contractors and vendors on sites and in locations where they may come into contact of the suspect asbestos materials in accordance with the Environmental Protection Agency 40 CFR Part 763 Asbestos-Containing Materials in Schools notification requirements. See Exhibit K for additional information.

END OF INSTRUCTIONS TO BIDDERS

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SECTION D

CONSTRUCTION CONTRACT

THIS AGREEMENT is made the _______ day of _____________ 20___, by and between the Dougherty County Board of Education, 200 Pine Avenue; Albany, GA 31701 (hereinafter, called the “Owner”), and {INSERT NAME OF CONTRACTOR}, a corporation duly authorized by law to transact business in the State of Georgia (hereinafter, called the “Contractor”), whose mailing address is {INSERT MAILING ADDRESS}.

W I T N E S S E T H:

WHEREAS, Owner has had prepared drawings, plans, specifications and addenda describing certain construction work it requires, the originals of which are on file and of record in the owner’s offices, and are, by this reference, specifically incorporated herein; and

WHEREAS, Contractor, having obtained an exact copy of said drawings, plans, specifications and addenda, has submitted the bid for such work that is the most beneficial to the Dougherty County Board of Education.

NOW, THEREFORE, the Owner and the Contractor in consideration of the mutual promises and benefits flowing to the parties hereto as hereinafter stated, agree as follows:

1. SCOPE OF WORK. The Contractor shall furnish all labor, materials, tools and equipment to perform all the

Work shown on the drawings and called for in the specifications entitled: {INSERT NAME OF PROJECT} and Addenda No. {____}, as prepared by: {INSERT NAME OF DESIGN PROFESSIONAL}, who is referred to in the Contract Documents as the Design Professional. It is the intent and it is hereby agreed that the Contractor shall perform all work covered by this Contract and the Contract Documents.

2. COMPLETION DATE. This Contract shall be commenced within ten (10) days after a Notice to Proceed order has been issued by the Owner and shall achieve Final Completion ______ calendar days from and including the date of the Notice to Proceed order.

3. CONTRACT SUM. The Owner shall pay the Contractor the sum of {INSERT BID AMOUNT, WRITTEN

AND NUMBERS} subject to adjustment by additive or deductive Change Orders.

4. PROGRESS PAYMENTS. The Owner shall make progress payments on account of the contract on or about the 30th day of each month (i.e., within thirty (30) days of receipt of approved payment application) as stated in Article E-58 of the Supplementary General Conditions.

5. FINAL PAYMENT.

(a) Final payment under this Contract will be due to the Contractor after the issuance of the Certificate of Substantial…