BL004_24 Frontend Bid Package.pdf

Gwinnett County, Georgia Page 1 Secondary Clarifier Milling, Paving & Road Addition BL004-24

January 24, 2024

NOTICE OF BID

BL004-24

Miscellaneous Milling and Paving at F. Wayne Hill Water Resources Center

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Miscellaneous Milling and Paving at F. Wayne Hill Water Resources Center for the Gwinnett County Department of Water Resources.

Bid submittal date and location Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on March 01, 2024 at the Gwinnett County Purchasing Division, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M.

Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

Pre-Bid Conference A pre-bid conference is scheduled for 10:00 A.M. on February 07, 2024, at F. Wayne Hill Water Resources Center (FWHWRC) Conference Room located at 1500 One Water Way, Buford, GA 30519. All interested parties are urged to attend. The pre-bid conference is to be utilized by contractors and subcontractors to ask any questions in order to submit a bid for this project. All bidders are strongly urged to attend.

Project Description The main objective of this Scope of Work is to mill and overlay the existing asphalt on the road between the Secondary Clarifiers and the Biological Reactors and to widen the existing pavement where trucks have driven off the pavement at the truck scale. The focus of this project is to perform pavement rehabilitation as well as provide additional pavement in two select areas. The rehabilitation will be performed at the secondary clarifiers and the additional pavement will be placed adjacent to the truck scale. Additionally, this scope also includes demolition of concrete pads at the front gate and remediation of the area with pavement and turf.

Safety Protocol During the pre-bid conference and the bid opening, we ask that you wear a mask and practice social distancing.

Instructions on Submitting Questions Questions regarding bids should be directed to Brittany Bryant, Purchasing Associate II, at Brittany.Bryant@GwinnettCounty.com or by calling 770-822-7759, no later than 3:00 P.M. on February 20, 2024. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

http://www.gwinnettcounty.com/ mailto:Brittany.Bryant@GwinnettCounty.com

Page 2 Gwinnett County, Georgia Miscellaneous Milling and Paving at F. Wayne Hill Water Resources Center BL004-24

Bonding and Insurance All contractors must submit with bid, a bid bond, certified check or cashier's check in the amount of five percent (5%) of the total bid. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive. The successful contractor will be required to meet insurance requirements, submit a one hundred percent (100%) performance bond and a one hundred percent (100%) payment bond. Insurance and Bonding Company should be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by The Georgia Insurance Department, listed in the Department of Treasury's Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond, and performance bond must have an A.M. Best rating of A-V or higher.

Facility Access Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator, Gwinnett County Justice and Administration Center, 770-822-8165.

The written bid documents supersede any verbal or written prior communications between the parties.

Award will be made to the contractors submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible bidder(s) at its discretion.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a bid will be notified via email.

We look forward to your bid and appreciate your interest in Gwinnett County.

Brittany Bryant, CPPB Purchasing Associate III http://www.gwinnettcounty.com/

Page 3 Gwinnett County, Georgia

BID CHECKLIST

Documents that should be submitted at the time of bid opening.

ITEM # DESCRIPTION PAGE #

1 Product Information 9

2 Bid Schedule 10-12

3 Contractor Information 13

4 Bidder’s Affidavit 14

5 Form of Non-Collusion Affidavit 15

6 References 16

7 List of Subcontractors 17

8 Bid Bond (MUST BE SUBMITTED WITH BID) 18-19

9 CONTRACTOR AFFIDAVIT AND AGREEMENT 46

10 Code of Ethics 47

Page 4 Gwinnett County, Georgia

1. Background The main objective of this Scope of Work is to mill and overlay the existing asphalt on the road between the Secondary Clarifiers and the Biological Reactors and to widen the existing pavement where trucks have driven off the pavement at the truck scale. The focus of this project is to perform pavement rehabilitation as well as provide additional pavement in two select areas. The rehabilitation will be performed at the secondary clarifiers and the additional pavement will be placed adjacent to the truck scale. Additionally, this scope also includes demolition of concrete pads at the front gate and remediation of the area with pavement and turf. F. Wayne Hill Water Resources Center is located at 1500 One Water Way, Buford, GA 30519.

These areas are shown in Figure 1 below and are shown in more detail in the drawings included in Attachment A.

There is an existing road between the secondary clarifiers and the biological basins. This road is showing wear and cracking which will require milling and pavement overlay. On the west drive side at the truck scale, the existing road width is inadequate for the large vehicles and there is a worn strip of the shoulder where vehicles regularly travel off the pavement. The existing pavement needs to be widened along this section. The following photos (Photos 1 through 4) indicate the typical conditions of the existing paving that requires milling, and pavement overlay along the road adjacent to the secondary clarifiers. Additional photos are shown in the drawings included in Attachment A.

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Page 6 Gwinnett County, Georgia

The following photos (Photos 5 and 6) show where truck tires have left the pavement creating rutting and wear along the existing road shoulder at the exit of the truck scale. This is the location of the planned pavement widening as indicated on Sheet 2 of the drawings included in Attachment A.

The following photo (Photo 7) shows the two concrete pads at the old plant entrance gate that need removal followed by pavement and turf restoration.

Page 7 Gwinnett County, Georgia

3.0 Project Objectives

The main objective of this Scope of Work is to mill and overlay the existing asphalt on the road between the Secondary Clarifiers and the Biological Reactors and to widen the existing pavement where trucks have driven off the pavement at the truck scale. Additionally, this scope also includes demolition of concrete pads at the front gate and remediation of the area with pavement and turf.

4.0 Scope of Work

The following scope of work (SOW) tasks are to be completed under this work order:

General:

1. A pre-proposal meeting shall be arranged if requested by Contractors to visit the facilities.

Attendance shall include representatives from the Contractor, the Owner, and the Engineer. All personnel attending the site visit shall be required to bring and wear PPE (high visibility vests and hardhats) while on the site.

2. The project drawings are provided in Attachment A and the project specifications are provided in Attachment B.

3. The Contractor is to provide traffic control signage and measures as agreed with the plant staff for the period during which the work is being undertaken.

4. The Contractor shall be responsible for engaging a private utility locator to ensure no plant lines are struck during earthwork operations.

5. Disturbed areas that are to be replaced with turf shall be prepared with 4 inches of topsoil and finished with Bermuda sod.

6. If unsuitable subgrade is encountered, it shall be removed from the site and replaced with properly compacted subgrade at the Engineer’s direction.

7. The Contractor shall complete the Contractor’s Daily Report included in Attachment C and submit it to the Engineer the following morning.

8. The Contractor shall complete the Final Contractors Affidavit included in Attachment D upon completion of the project.

Health, Safety, and Environment (HSE):

1. Compliance with GCDWR specific safety standards on any GCDWR facility is mandatory.

2. All work is to be undertaken in conformance with applicable OSHA safety requirements, and the Contractor’s project specific health and safety plan, which shall be submitted for review prior to commencing any on site work.

3. All employees of the Contractor are required to wear appropriate protective equipment while on site. Minimum protective equipment consists of steel-toed work boots, hard hat, safety vest, and eye and ear protection as deemed appropriate.

4. GCDWR staff and GCDWR construction supervision consultants shall observe and undertake ad-hoc inspections of the Contractor’s safety compliance to ensure the safety of construction.

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5. If any noncompliance is observed, the Contractor’s supervisor/foreman will be immediately informed, and all ongoing work stopped until such time as the issue has been rectified. Note that should repeated incidents occur, the Contractor may be requested to remove an individual or team from the site either temporarily or permanently, depending on the seriousness of the incident. Permanent removal from the site will require suitably trained and committed replacement(s) who have completed as a minimum the Contractor’s safety training program.

6. Prior to commencing work on site, the Contractor is required to complete and submit a Job Hazard Analysis (an example is provided in Attachment E) in which the hazards relating to the specific task are identified. As well, the Contractor is to perform field JHA’s daily with crews and provide documentation of the same.

7. The contractor’s staff are to confirm at the commencement of the project that they have received the required Contractor’s training and are aware of the plant specific requirements by each staff member signing the example form contained in Attachment F.

The following project tasks are required under this Scope of Work:

Task 1: Removal of Asphalt

1. Secondary Clarifier:

o Mill existing asphalt surface 1½” in depth between the indicated pavement limits.

o Remove cracked concrete manhole top collars.

o Remove existing concrete patch.

o Saw cut clean line where pavement to be milled or joins to the remaining pavement.

2. Truck Scale:

o Existing sign to be removed and replaced after completion of the pavement widening.

o Saw cut clean line where pavement joins the remaining pavement.

o Remove pavement to the limits shown for joining new pavement to existing pavement.

3. Front Gate o Remove existing concrete pads.

o Saw cut clean line where pavement joins the remaining pavement.

o Remove pavement to the limits shown for joining new pavement to existing pavement.

Task 2: Pavement Placement

1. Secondary Clarifier:

o Place 1½” thick pavement overlay onto milled surfaces as shown.

o Install new concrete manhole top collars.

o Raise the existing manhole and water valve covers to match top of the finished pavement level. Clean site upon completion.

2. Truck Scale:

o Add additional base material to pavement area to be widened.

o Add additional pavement widening section as shown in attachments.

o Reinstall removed sign at location outside of the widened pavement section.

o Provide required testing for compaction and pavement testing.

o Install turf grassing (sod) in areas disturbed by the installation of the new pavement.

▪ Place 4-inches of topsoil with a maximum organic content of 30% before placing sod.

▪ Sod shall be Tif-Tuf Blue Tag certified Bermuda Sod or Tifway 419 Blue Tag Certified Bermuda.

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3. Front Gate o Add additional base material to pavement area being replaced.

o Add additional pavement for repair adjacent to existing paving.

o Install turf grassing (sod) to areas disturbed by the installation of the new pavement.

▪ Place 4-inches of topsoil with a maximum organic content of 30% before placing sod.

▪ Sod shall be Tif-Tuf Blue Tag certified Bermuda Sod or Tifway 419 Blue Tag Certified Bermuda.

o Clean site upon completion.

The Contractor shall complete the materials list below:

DESCRIPTION MANUFACTURER PRODUCT INFORMATION

Attachments

• Attachment A: Project Drawings and Photos

• Attachment B: Project Specifications o 32 12 16 Asphalt Paving o 32 92 00 Turfs and Grasses

• Attachment C: Contractor’s Daily Report

• Attachment D: Final Contractor’s Affidavit

• Attachment E: Job Hazard Analysis Template

• Attachment F: Project Safety Acknowledgement

Page 10 Gwinnett County, Georgia

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN

REJECTION.

BID SCHEDULE

ITEM

DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

1.0

PAVEMENT MILLING AND OVERLAY AT THE SECONDARY

CLARIFIERS

1.1 Type IV Pavement, Saw Cutting 300 LF $ $

1.2 Mill Existing Pavement 1-1/2" Depth 1,750 SY $ $

1.3 Overlay 1-1/2" Layer-Wearing Course 1,750 SY $ $

1.4 Type IV Pavement, Removal (assume 6-inch Thick) 2 CY $ $

1.5 Type IV Pavement, Replacement (assume Base Course is 3/4-inch Rock, 12-inch Thick)

2 SY $ $

1.6 Type IV Pavement, Replacement (assume Binder Course, 4-inch Thick)

2 SY $ $

1.7 Type IV Pavement, Replacement (assume Wearing Course, 4-inch Thick)

2 SY $ $

1.8 Adjust Manhole Top W/Riser Ring Manufactured by EJ Company

2 EA $ $

1.9 Adjust Water Valve Box Tops W/Riser Ring Manufactured by EJ Company

2 EA $ $

1.10 Remove and Replace Concrete Collar around Manhole top 2 EA $ $

1.11 Remove Concrete Patch 1 EA $ $

1.12 Traffic Control, Trench Plate, Testing, G&A, Locates, Other Items

1 EA $ $

2.0 PAVEMENT WIDENING AT THE TRUCK SCALE

2.1 Excavate for Subbase 1 EA $ $

2.2 Type IV Pavement, Saw Cutting 175 LF $ $

2.3 Type IV Pavement, Removal (assume 7.5-inch Thick) (Trench Width)

10 CY $ $

2.4 Type IV Pavement, Replacement (assume Base Course is 3/4-inch Rock, 12-inch Thick)

45 SY $ $

2.5 Type IV Pavement, Replacement (assume Binder Course, 5-inch Thick)

80 SY $ $

2.6 Type IV Pavement, Replacement (assume Wearing Course, 2.5-inch Thick)

80 SY $ $

2.7 Turf Grassing – placement of topsoil and sod 60 SY $ $

2.8 Sign Removal and Relocate 1 EA $ $

2.9 Traffic Control, Trench Plate, Testing, G&A, Locates, Other Items

1 EA $ $

3.0 Concrete Slab Removal and Rehabilitation at Old Gate Entrance

3.1 Remove Concrete Slabs 2 EA $ $

COMPANY NAME ______________________________________________________________________

Page 11 Gwinnett County, Georgia

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION.

BID SCHEDULE CONTINUED

ITEM

DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

3.2 Type IV Pavement, Saw Cutting (LF) 30 LF $ $

3.3 Type IV Pavement, Removal (assume 6-inch Thick) (Trench Width) (CY)

1 CY $ $

3.4 Type IV Pavement, Replacement (assume Base Course is 3/4-inch Rock, 12-inch Thick) (SY)

3 SY $ $

3.5 Type IV Pavement, Replacement (assume Binder Course, 4-inch Thick) (SY)

6 SY $ $

3.6 Type IV Pavement, Replacement (assume Wearing Course, 4-inch Thick)

6 SY $ $

3.7 Traffic Control, Trench Plate, Testing, G&A, Locates, Other Items

1 EA $ $

3.8 Turf Grassing – placement of topsoil and sod 3 SY $ $

4.0 UNFORESEEN CONDITIONS

4.1 Remove and Replace Unsuitable Subgrade Material (if recommended by Engineer)

50 SY $ $

OVERALL TOTAL (ITEMS 1.1-4.1) $

Page 12 Gwinnett County, Georgia

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION.

BID SCHEDULE CONTINUED

Pricing shall include all labor, materials, bailing, shoring, removal, a men’s and women’s temporary trailer (restroom and shower), overhead (Direct and indirect), profit, insurance, bonds, and other costs, to cover all finished Work.

Bidder agrees this Bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after scheduled closing time for receiving bids.

There is enclosed herewith a certified or cashier's check or a Bid Bond to the order of Gwinnett

County, Georgia, in the sum of Dollars

Check or Bid Bond shall be equal to, not less than, the amount stipulated in NOTICE TO BID and it is understood and agreed that said check or Bid Bond shall be subject to terms and conditions stipulated in Bid Document Package.

Undersigned Bidder hereby agrees to each and every stipulation in Bid Document Package pertaining to the submission of Bids and further, if awarded the Contract, duly agrees to execute and secure the required Contract and Bid Document Package within fifteen (15) days from service of Notice of Award and deliver a surety bond or bonds as required by General Conditions. The name and business address of Bidder to which all formal Notices shall be sent:

Undersigned Bidder states the names and addresses of persons interested as principals in this Bid are as follows: (Write first name in full):

Bidder shall state on line below, if a corporation, the name of State in which incorporated and the date of said incorporation:

Undersigned Bidder states (he/she/they) (is a/are) citizen(s) of the United States and all partners, associates, or principals interested herein are citizens of the United States, except:

(Give full names and addresses):

Page 13 Gwinnett County, Georgia

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION.

CONTRACTOR INFORMATION

The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. Date Addendum No. Date

Certification Of Non-Collusion in Bid Preparation (Signature) (Date)

The County requires that all who enter into a contract for the physical performance of services with the County must satisfy O.C.G.A. § 13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract.

In compliance with the attached specifications and O.C.G.A. §36-91-50, the undersigned offers and agrees, if this bid is accepted by the Board of Commissioners within sixty (60) days of the date of bid opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the bid schedule. By submission of this bid, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

Legal Business Name

Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature

Print Authorized Representative's Name

Telephone Number Fax Number

E-Mail Address

Contact Person (if someone other than the authorized representative listed above) ___________________________________________

Telephone Number Fax Number

E-Mail Address

Page 14 Gwinnett County, Georgia

BIDDER'S AFFIDAVIT

(This Bidder's Affidavit is part of the Bid Documents)

BID NUMBER: BL004-24 BID DATE: MARCH 01, 2024

PROJECT NAME: RENOVATION OF THE OPERATIONS BUILDING BATHROOM AT F. WAYNE

HILL WATER RESOURCES CENTER

STATE OF )

COUNTY OF )

(Name Printed) being duly sworn, deposes and says that he resides at that he is the

(Title)

(Name of Bidder) who signed the above Bid Form, that he was duly authorized to sign and that the Bid is the true offer of the Bidder, that the seal attached is the seal of the Bidder and that all the declarations and statements contained in the Bid are true to the best of his knowledge and belief.

(Affiant)

Subscribed and Sworn to before me this Day of 20

(Notary Public)

My Commission expires , 20

(SEAL)

Page 15 Gwinnett County, Georgia

FORM OF NON-COLLUSION AFFIDAVIT

(This Non-Collusion Affidavit is Part of the Bid Documents)

BID NUMBER: BL004-24 BID DATE: MARCH 01, 2024

PROJECT NAME: RENOVATION OF THE OPERATIONS BUILDING BATHROOM AT F. WAYNE

HILL WATER RESOURCES CENTER

STATE OF )

SS.

COUNTY OF )

being first duly sworn, deposes and says that he is

(sole owner, partner, president, secretary, etc.)

the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham; that said Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any Bidder or person, to put in a sham Bid, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Bid Price of affiant or any other Bidder, or to fix any overhead, profit or cost element of said Bid Price, or of that of any other Bidder, or to secure any advantage against Gwinnett County, or any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such Bidder has not, directly or indirectly submitted this Bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof.

(Affiant)

Subscribed and Sworn to before me this Day of 20

(Notary Public in and for)

(County)

My Commission expires , 20

(SEAL)

Page 16 Gwinnett County, Georgia

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION.

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Date

Contact Person Telephone

E-Mail Address

2. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Date

Contact Person Telephone

E-Mail Address

3. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Date

Contact Person Telephone

E-Mail Address

Company Name

Page 17 Gwinnett County, Georgia

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION.

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS TYPE OF WORK

Company Name

Page 18 Gwinnett County, Georgia

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Gwinnett County Board of Commissioners (Name of Obligee)

75 Langley Drive, Lawrenceville, Georgia 30046 (Address of Obligee)

Thereinafter referred to as Obligee: in the penal sum of

Dollars

($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to Gwinnett County, Georgia, a proposal for furnishing materials, labor, and equipment for:

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Gwinnett County, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Gwinnett County, Georgia, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Gwinnett County, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Gwinnett County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

Page 19 Gwinnett County, Georgia

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed and dated this day of , A.D., 20 .

ATTEST:

(Principal)

(Principal Secretary) By:

(SEAL)

(Address)

(Witness as to Principal)

(Address)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent (Address)

(SEAL)

(Witness as to Surety)

(Address)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

Principal Secretary, Principal and Witness as to Principal signature lines must be signed by three different individuals. Additionally, Resident or Nonresident Agent, Witness as to Surety, and Attorney-in-fact must be signed by three different individuals.

Page 20 Gwinnett County, Georgia

GENERAL CONDITIONS

FOR GWINNETT COUNTY CONSTRUCTION CONTRACTS

GC-1 FAMILIARITY WITH SITE

Execution of this agreement by the Contractor is a representation that the Contractor has visited the site, has become familiar with the local conditions under which the work is to be performed, and has correlated personal observations with the requirements of this agreement.

GC-2 CONTRACT DOCUMENTS

This agreement consists of Gwinnett County's request for proposals, instructions to bidders, Contractor's proposal, construction contract, Performance Bond, Payment Bond, general conditions, special provisions, specifications, plans, drawings, addenda, and written change orders.

GC-3 DEFINITIONS

The following terms as used in this agreement are defined as follows:

Change Order - a written order to the Contractor, prepared by the Engineer and issued by the County for changes in the work within the general scope of the contract documents, adjustment of the contract price, extension of the contract time, or reservation of determination of a time extension.

County - Gwinnett County, Georgia, a political subdivision of the State of Georgia, acting by and through the Chairman of its Board of Commissioners.

Day - a calendar day of twenty-four hours lasting from midnight of one day to midnight the next day.

Notice to Proceed - written communication issued by the County to the Contractor authorizing it to proceed with the work and establishing the date of commencement and completion of the work.

Substantial Completion - the date certified by the engineer when all or a part of the work, identified in the engineer's certification, is sufficiently completed in accordance with the requirements of the contract documents so that the identified portion of the work can be utilized for the purposes for which it is intended.

Work - all of the services specified, indicated, shown or contemplated by the contract documents, and furnishing by the Contractor of all materials, equipment, labor, methods, processes, construction and manufacturing materials and equipment, tools, plans, supplies, power, water, transportation and other things necessary to complete such services in accordance with the contract documents to ensure a functional and complete facility.

GC-4 CODES

All codes, specifications, and standards referenced in the contract documents shall be the latest additions, amendments and revisions of such referenced standards in effect as of the date of the request for proposals for this contract.

GC-5 REVIEW OF CONTRACT DOCUMENTS

Before making its proposal to the County, and continuously after the execution of the agreement, the Contractor shall carefully study and compare the contract documents and shall at once report to the engineer any error, ambiguity, inconsistency or omission that may be discovered, including any requirement which may be contrary to any law, ordinance, rule, or regulation of any public authority bearing on the performance of the work. By submitting its proposal, the Contractor agrees that the contract documents, along with any supplementary written instructions issued by or through the

Page 21 Gwinnett County, Georgia engineer that have become a part of the contract documents appear accurate, consistent and complete insofar as can be reasonably determined. If the Contractor has reported in writing any error, inconsistency, or omission to the County, has properly stopped the effected work until instructed to proceed, and has otherwise followed the instructions of the engineer, the Contractor shall not be liable to the County for any damage resulting from any such error, inconsistency, or omission in the contract documents. The Contractor shall not perform any portion of the work without the contract documents, approved plans, specifications, products and data, or samples for such portion of the work.

GC-6 STRICT COMPLIANCE

No observation, inspection, test or approval of the County or engineer shall relieve the Contractor from its obligation to perform the work in strict conformity with the contract documents.

GC-7 APPLICABLE LAW

All applicable State laws, County ordinances, and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to this agreement. All work performed within the right of way of the Georgia Department of Transportation shall be in accordance with DOT regulations, policies and procedures. The Contractor shall comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as specified and the Contractor agrees to indemnify and hold harmless the County, its officers, agents and employees, as well as the engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree affecting the conduct of the work, whether occasioned by the Contractor, his agents or employees.

GC-8 PERMITS & LICENSES

All permits and licenses necessary for the work shall be secured and paid for by the Contractor. If any permit, license or certificate expires or is revoked, terminated, or suspended as a result of any action on the part of the Contractor, the Contractor shall not be entitled to additional compensation or time.

GC-9 TAXES

The Contractor shall pay all sales, retail, occupational, service, excise, old age benefit and unemployment compensation taxes, consumer, use and other similar taxes, as well as any other taxes or duties on the materials, equipment, and labor for the work provided by the Contractor which are legally enacted by any municipal, county, state or federal authority, department or agency at the time bids are received, whether or not yet effective. The Contractor shall maintain records pertaining to such taxes and levies as well as payment thereof and shall make the same available to the County at all reasonable times for inspection and copying.

GC-10 DELINQUENT CONTRACTORS

The County shall not pay any claim, debt, demand or account whatsoever to any person firm or corporation who is in arrears to the County for taxes. The County shall be entitled to a counterclaim and offset for any such debt in the amount of taxes in arrears, and no assignment or transfer of such debt after the taxes become due shall affect the right of the County to offset any taxes owed against said debt.

GC-11 LIEN WAIVERS

The Contractor shall furnish the County with evidence that all persons who have performed work or furnished materials pursuant to this agreement have been paid in full prior to submitting its demand for final payment pursuant to this agreement. In the event that such evidence is not furnished, the County may retain sufficient sums necessary to meet all lawful claims of such laborers and materialmen. The County assumes no obligation nor in any way undertakes to pay such lawful claims from any funds due or that may become due to the Contractor.

Page 22 Gwinnett County, Georgia

GC-12 MEASUREMENT

All items of work to be paid for per unit of measurement shall be measured and certified by the Engineer.

GC-13 ASSIGNMENT

The Contractor shall not assign any portion of this agreement or moneys due therefrom without the prior written consent of the County. The Contractor shall retain personal control and shall provide personal attention to the fulfillment of its obligations pursuant to this agreement.

GC-14 FOREIGN CONTRACTORS

In the event that the Contractor is a foreign corporation, partnership, or sole proprietorship, the Contractor hereby irrevocably appoints the Secretary of State of Georgia as its agent for service of all legal process for the purpose of this contract only.

GC-15 INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, satisfy all judgments, and hold harmless the County, the engineer, and their agents and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, 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, action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any 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 whether such claim is caused in part by a party indemnified hereunder.

Such obligation shall not be construed to negate, abridge or otherwise reduce any of the rights or obligations of indemnity which would otherwise exist as to any party or person described in this agreement. In any and all claims against the County, the 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 contained herein 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 Worker's Compensation Acts, disability benefit acts, or other employee benefit acts.

GC-16 SUPERVISION OF WORK

The Contractor shall supervise and direct the work using the Contractor's best skill and attention. The Contractor shall be solely responsible for all construction methods and procedures and shall coordinate all portions of the work pursuant to the contract subject to the overall coordination of the engineer. All work pursuant to this agreement shall be performed in a skillful and workmanlike manner.

GC-17 RESPONSIBILITY FOR WORK

The Contractor shall not be relieved from the Contractor's obligations to perform the work in accordance with the contract documents by the activities or duties of the engineer, including inspections, tests or approvals required or performed pursuant to this agreement.

GC-18 RESPONSIBILITY FOR ACTS OF EMPLOYEES

The Contractor shall be responsible to the County for the acts and omissions of its employees, subcontractors, and agents as well as any other persons performing work pursuant to this agreement.

All areas within the limits of the Project which are determined by the Engineer to be unnecessarily damaged, due either directly or indirectly to the process of construction, shall be responsibility of the Contractor to correct and repair. This is not a payment item and shall be done without additional

Page 23 Gwinnett County, Georgia compensation.

GC-19 PAYMENT FOR LABOR AND MATERIALS

Unless otherwise provided in this agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the execution and completion of the work.

GC-20 DISCIPLINE ON WORK SITE

The Contractor shall enforce strict discipline and good order among its employees and subcontractors at all times during the performance of the work. The Contractor shall not employ any subcontractor who is not skilled in the task assigned to it. The engineer may, by written notice, require the Contractor to remove from the work any subcontractor or employee deemed by the engineer to be incompetent.

GC-21 HOURS OF OPERATION

All work at the construction site shall be performed during regular business hours, except upon the engineer's prior written consent to other work hours.

GC-22 FAMILIARITY WITH WORK CONDITIONS

The Contractor shall take all steps necessary to ascertain the nature and location of the work and the general and local conditions, which may affect the work or the cost thereof. The Contractor's failure to fully acquaint itself with the conditions which may affect the work, including, but not limited to conditions relating to transportation, handling, storage of materials, availability of labor, water, roads, weather, topographic and subsurface conditions, other separate contracts to be entered into by the County relating to the project which may affect the work of the Contractor, applicable provisions of law, and the character and availability of equipment and facilities necessary prior to and during the performance of the work shall not relieve the Contractor of its responsibilities pursuant to this agreement and shall not constitute a basis for an equitable adjustment of the contract terms. The County assumes no responsibility for any understandings or representations concerning conditions of the work made by any of its officers, agents, or employees prior to the execution of this agreement.

GC-23 RIGHT OF ENTRY

The County reserves the right to enter the site of the work by such agent as it may elect for the purpose of inspecting the work or installing such collateral work as the County may desire.

GC-24 NOTICES

Any notice, order, instruction, claim or other written communication required pursuant to this agreement shall be deemed to have been delivered or received as follows:

(1) Upon personal delivery to the Contractor, it’s authorized representative, or the engineer on behalf of the County. Personal delivery may be accomplished by in-person hand delivery or bona fide overnight express service.

(2) Three days after depositing in the United States mail a certified letter addressed to the Contractor, the County, or the engineer. For purposes of mailed notices, the County's mailing address shall be 75 Langley Drive, Lawrenceville, Georgia 30046. The Contractor's mailing address shall be the address stated in its proposal, and the engineer's mailing address shall be its address listed in the Notice to Begin Work.

GC-25 SAFETY

The Contractor shall take all reasonable precautions for the safety of all persons and property associated with the work, and the Contractor shall erect and maintain, as required by existing conditions and the progress of the work, all reasonable safeguards for the safety and protection of persons in the vicinity of the project.

Page 24 Gwinnett County, Georgia

GC-26 BLASTING AND EXCAVATION

The Contractor acknowledges that it is fully aware of the contents and requirements of O.C.G.A. § 25- 9-1 through 25-9-12 concerning blasting and excavation near underground gas pipes and facilities and shall fully comply therewith.

GC-27 HIGH VOLTAGE LINES

The Contractor acknowledges that it is fully aware of the contents and requirements O.C.G.A. § 46-3-30 through 46-3-39 concerning safeguards against contact with high voltage lines, and the Contractor shall fully comply with said provisions.

GC-28 SCAFFOLDING AND STAGING

The Contractor acknowledges that it is the person responsible for employing and directing others to perform labor within the meaning of O.C.G.A. § 34-1-1 and agrees to comply with said provisions.

GC-29 CLEAN-UP

The Contractor shall clean up all refuse, rubbish, scrap materials, and debris caused by its operations to the end that the site of the work shall present a neat, orderly and workmanlike appearance at all times.

GC-30 PROTECTION OF WORK

The Contractor shall be responsible for maintenance and protection of the work until final completion of this agreement and acceptance of the work as defined herein. Any portion of the work suffering injury, damage or loss shall be considered defective and shall be corrected or replaced by the Contractor without additional cost to the County.

GC-31 REJECTED WORK

The Contractor shall promptly remove from the project all work rejected by the engineer for failure to comply with the contract documents and the Contractor shall promptly replace and re-execute the work in accordance with the contract documents and without expense to the County. The Contractor shall also bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement.

GC-32 DEFECTIVE WORK

If the Contractor defaults or neglects to carry out any portion of the work in accordance with the contract documents, and fails within three days after receipt of written notice from the County or the engineer to commence and continue correction of such default or neglect with diligence and promptness, the County or the engineer may, after three days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy the County may have, make good such deficiencies and complete all or any portion of any work through such means as the County may select, including the use of a new Contractor. In such case, an appropriate change order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies. In the event the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the County on demand.

GC-33 NEW MATERIALS

The Contractor warrants to the County that all materials and equipment furnished under this contract will be new unless otherwise specified, and the Contractor further warrants that all work will be of good quality, free from faults and defects, and in conformance with the contract documents. The warranty set forth in this paragraph shall survive final acceptance of the work.

GC-34 CONTRACTOR'S WARRANTY

If within one year after the date of substantial completion and final acceptance of the work by the County, or within such longer period of time as may be prescribed by law or by the term of any

Page 25 Gwinnett County, Georgia applicable special warranty required by the contract documents, any of the work is found to be defective or not in accordance with the contract documents, the Contractor shall correct such work promptly after receipt of written notice from the County to do so. This obligation shall survive both final payment for the work and termination of the contract.

GC-35 ASSIGNMENT OF MANUFACTURERS' WARRANTIES

Without limiting the responsibility or liability of the Contractor pursuant to this agreement, all warranties given by manufacturers on materials or equipment incorporated in the work are hereby assigned by the Contractor to the County. If requested, the Contractor shall execute formal assignments of said manufacturer's warranties to the County. All such warranties shall be directly enforceable by the County.

GC-36 WARRANTIES IMPLIED BY LAW

The warranties contained in this agreement, as well as those warranties implied by law, shall be deemed cumulative and shall not be deemed alternative or exclusive. No one or more of the warranties contained herein shall be deemed to alter or limit any other.

GC-37 STOP WORK ORDERS

In the event that the Contractor fails to correct defective work as required by the contract documents or fails to carry out the work in accordance with contract documents, the County, or the engineer, in writing, may order the Contractor to stop work until the cause for such order has been eliminated. This right of the County or engineer to stop work shall not give rise to any duty on the part of the County or the engineer to execute this right for the benefit of the Contractor or for any other person or entity.

GC-38 TERMINATION FOR CAUSE

If the Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, suffers the appointment of a receiver on account of its insolvency, or fails to supply sufficient properly skilled workers, materials, fails to make prompt payment to subcontractors or materialmen, disregards laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction, or is otherwise guilty of a material violation of this agreement and fails within seven days after receipt of written notice to commence and continue correction of such default, neglect, or violation with diligence and promptness, the County may, after ten days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy the County may have, terminate the employment of the Contractor and take possession of the site as well as all materials, equipment, tools, construction equipment and machinery thereon. The County may finish the work by whatever methods the County deems expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is completed. If the unpaid balance of the contract price exceeds the cost of completing the work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the County on demand. This obligation for payment shall survive the termination of the contract. Termination of this agreement pursuant to this paragraph may result in disqualification of the Contractor from bidding on future County contracts.

GC-39 TERMINATION FOR CONVENIENCE

The County may, at any time upon 30 days written notice to the Contractor, terminate the whole or any portion of the work for the convenience of the County. Said termination shall be without prejudice to any right or remedy of the County provided herein. In addition, in the event this agreement has been terminated due to the default of the Contractor, and if it is later determined that the Contractor was not in default pursuant to the provisions of this agreement at the time of termination, then such termination shall be considered a termination for convenience pursuant to this paragraph.

Page 26 Gwinnett County, Georgia

GC-40 TERMINATION FOR CONVENIENCE - PAYMENT

In the event that the County terminates this agreement for the convenience of the County, the County shall only be liable to the Contractor for those costs reimbursable to the Contractor plus a mark-up of ten percent on the actual fully accounted cost recovered pursuant to this paragraph. In the event that it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed hereunder and an appropriate adjustment shall be made reducing the amount of settlement to reflect the indicated rate of loss. In the event of termination for the convenience of the County, the County shall pay the Contractor the following amounts determined by the engineer:

A. An amount for supplies, services, or property accepted by the County for which payment has not previously been made. The price to be paid for these items shall be equivalent to the aggregate price for such supplies or services computed in accordance with the price specified in this agreement appropriately adjusted for any saving of freight or other charges; and

B. The total of:

(1) The costs incurred in the performance of the work terminated, including initial costs and preparatory expenses allocable thereto, but exclusive of any costs attributable to supplies or services previously paid;

(2) The costs of settling and paying claims arising pursuant to the termination of the work under said contracts or orders which are properly chargeable to the terminated portion of the contract (exclusive of the amounts paid or payable on account of completed items or equipment delivered or services furnished by a subcontractor or vendor prior to the effective date of the notice of termination, which amounts shall be included in the costs payable pursuant to (A); and

(3) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses…