BL038_24 INV.pdf

February 20, 2024

NOTICE OF BID

BL038-24

West Gwinnett Aquatic Center Pool Renovations

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the West Gwinnett Aquatic Center Pool Renovations for the Gwinnett County Department of Community Services.

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 20, 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 28, 2024 at the Gwinnett County West Gwinnett Aquatic Center, located at 4488 Peachtree Industrial Blvd., Norcross, GA 30071. All contractors are urged to attend.

Project Description The successful contractor shall furnish all labor and materials required to replace existing water line and surrounding tile and prepare pool shell for plaster at one aquatic center (one instructional pool, one competition pool, and one outdoor leisure pool). Existing pools shell must be prepared to receive a new conventional plaster finish.

Instructions on Submitting Questions

Questions regarding bids should be directed to Jake Scarpone, Purchasing Associate II, at jake.scarpone@gwinnettcounty.com or by calling 770-822-8722, no later than 3:00 P.M. on March 1, 2024. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

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. 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 «SurityRating» 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 http://www.gwinnettcounty.com/

Gwinnett County, Georgia Page 2 West Gwinnett Aquatic Center Pool Renovations BL038-24 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.

Jake Scarpone Purchasing Associate II http://www.gwinnettcounty.com/

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POOL PLASTERING AND TILE REPLACEMENT SPECIFICATIONS

The successful contractor shall furnish all labor and materials required to replace existing water line and surrounding tile and prepare pool shell for plaster at one aquatic center (one instructional pool, one competition pool, and one outdoor leisure pool). Existing pools shell must be prepared to receive a new conventional plaster finish. The pools are located at:

West Gwinnett Aquatic Center 4488 Peachtree Industrial Blvd

Norcross, GA 30071

I. SCOPE OF WORK

The scope of work includes but is not limited to the following:

1. All work listed in this project at West Gwinnett Aquatic Center should be completed no later than May 19, 2024. Completion date may be revised or extended in writing through coordination with the County Representative.

a. The County’s primary goal is to have the outdoor pool at West Gwinnett Aquatic Center completed by May 19, 2024.

b. If needed, the County Representative will coordinate in scheduling the two interior pools after the Labor Day holiday.

2. Prior to work beginning, the County Representative will drain the pool, and remove jets, weirs, skimmer lids, and provide tile needed for project.

3. Prepare pool to receive new conventional plaster finish. Submit data sheets on all setting materials and grout.

4. Contractor is responsible for removing all construction debris and disposing of off premises according to Environmental Protection Agency (EPA) regulations.

5. Contractor must cover all drains and inlets to prevent debris from entering the pool piping for the duration of the project.

6. Contractor shall prepare the pool surface for new plaster by sawing and chipping around all fittings, lights, and under the existing water line tile.

7. Remove existing sealant from expansion joints and dispose of off-site according to EPA regulations.

8. V-cut all cracks back by saw cutting to structural soundness and repair with epoxy sealer or an approved alternate.

9. Chip or saw cut hollow or damaged areas in the pool shell.

10. Apply Scratch Kote 2000 bonding admix or approved alternate, to insure chemical and mechanical bond.

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11. Remove existing tiles and grout from water line and surrounding areas (if required).

12. Install new tile at water line and other tiled areas, if applicable.

13. If tile is not to be replaced, contractor shall re-grout all existing tiles as needed.

14. Apply new sealant in expansion joints and allow curing for 72 hours.

15. Replace all VGB covers and Hydrostatic Relief Valves.

16. Apply new white marble plaster.

17. Prior to refilling sump box covers will be reinstalled and must be level with new plaster. Any excess plaster that is in sump box that impedes cover from being level must be removed by contractor.

18. The new pool surface shall be fully cured prior to refilling the pool, unless County Representative approves filling during curing of new plaster.

19. The contractor will notify the County Representative the day before the pool is expected to be refilled.

20. Contractor shall adequately protect County property and take necessary precautions during the work process to protect all persons/property from damage or loss. Reports of any damage to County property must be submitted by contractor to the designated County representative. Damage to public and/or private property shall be the sole responsibility of the contractor and shall be repaired and/or replaced at no additional cost to the satisfaction of Gwinnett County.

21. The contractor must complete work according to manufacturer’s specifications and within the time period developed in coordination with the County representative.

22. The contractor should familiarize themselves with site conditions at each location prior to submitting their bid.

II. GENERAL REQUIREMENTS

Prepare pool to receive new conventional plaster finish and tile. Submit tile and grout samples (for color selection by County representative) and submit data sheets on all setting materials and grout.

Materials:

A. Setting Materials

1. Thinset new waterline tile over existing waterline tile, if applicable, using a Laticrete, or approved equivalent, polymer modified thinset.

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2. Thinset new stairs, bench, step, zero entry tile with the same material.

3. Successful contractor should provide a minimum of three references within the last five (5) years (2019-2024) for the tile installers and laborers to show experience in similar pool projects and proper tools to install ceramic tiles.

Execution:

A. Tile Preparation

1. At each skimmer remove, if applicable, all “throat” tile and prepare to retile with new material.

2. Remove the white plastic expansion strip around the perimeter of the pool at the top of the waterline tile.

3. Remove all stair and bench tile and prepare to replace with one strip of tile on top of stair and bench.

B. Plaster Preparation

1. Sawcut a ½” deep cut under the existing waterline tile and chip out at a 45-degree angle to allow full plaster thickness at tile.

2. Sawcut and chip out around floor inlets, wall inlets and other penetrations to maintain full plaster thickness at all areas.

3. Bond coat all surfaces to be plastered using a commercial coating designed to bond plaster to substrates.

D. Tile Installation

1. Install waterline tile using approved 1” X 1” or 2” x 2” detail, tile around the entire perimeter and the interior of all skimmer throats, if needed.

2. Before grouting this tile install a ¼” to 3/8” caulk joint between the top row of tile and the underside of the pool coping.

3. Caulk to be same material as specified for the deck joints. Color to be approved by the Owner.

4. Use finished one edge tile at all edges and transitions.

5. Install a single strip of tile on top at all steps and bench edges.

6. Grout all tile with a sanded, acid resistant grout, color selection by Owner.

PLASTER

General:

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A. Provide a conventional white marble plaster finish to the pool structure. As required, a ceramic tile trim to be furnished and installed on the pool perimeter tile band, vertical tile band, floor, walls, recessed wall steps, depth markings, wall targets, floor lanes, as applicable.

B. Deliver manufactured materials to site in manufacturers’ original unbroken packages or containers bearing manufacturer’s name and brand labels. Keep cementitious materials dry until ready to be used and stored off the ground, under cover and away from damp surfaces.

C. Apply plaster in swimming pool only when ambient temperature is above 40 degrees F, and protect applied plaster from rapid drying by sun or wind until curing is completed or pool is filled with water. Confirm and comply with all applicable manufacturers installation requirements.

D. Successful contractor should provide a minimum of three references for the plaster installers and laborers to show experience in similar pool projects and proper tools to install plaster.

Materials and Requirements:

A. Portland cement, ASTM C150, type I white or approved alternate.

B. Hydrated Lime, ASTM C206, type S, or approved alternate.

C. White marble aggregates for conventional pool plaster finish coat uniformly graded within following limits, all passing the no. 30 sieve (percentage retained by weight plus or minus 2% on each sieve):

Sieve Size Minimum Maximum No. 30 0 0 No. 50 25 50 No. 100 75 90 No. 200 90 100

D. Water, clean, fresh, from domestic potable source.

E. Since conventional pool plaster finish is to be used, use Laticrete 8510 bonding admix, or approved alternate, in accordance with the manufacturer’s recommendation.

F. Proportions and Mixing:

1. Materials are specified on a volume basis and shall be measured in approved containers which will ensure that the specified proportions will be controlled and accurately maintained during the progress of the work. Measuring materials with shovels (“shovel count”) is not permitted.

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2. Conventional White Marble Pool Plaster Finish Coat: Mix finish in proportion of one part by volume of white Portland cement to not more than two parts by volume of aggregates (specified white marble dust).

3. Perform mixing in approved mechanical mixers of the type in which quantity of water can be controlled accurately and uniformly. While mixer is in continuous operation, add approximately 90% of estimated quantity of water, half of sand, all cement, and the other one-half of the sand into mixer in that sequence and mix thoroughly with remainder of water until mixture is uniform in color and consistency. Avoid excess mixing to prevent hasty solution of cement resulting in accelerated set. Do not use any caked or lump materials. Completely empty mixer and mixing boxes after each batch is mixed and keep free of old plaster.

Execution:

A. Contractor must schedule walk through with the County Representative to insure all cracked, hollow or damaged areas of the pool shell are repaired prior to plaster beginning.

B. Preparation of Surfaces and Bond Coat:

Clean base surfaces of projections, dust, loose particles, grease, bond breakers, and foreign matter; make sufficiently rough to provide a strong mechanical bond. Wash entire concrete pool shell with acidic solution within 24 hours of plastering. Do not apply plaster directly to the surfaces of masonry or concrete that is coated with any acidic solution compound or similar agent until compound or agent is completely removed by water blasting. Thoroughly wash entire surface with 2,000 psi high pressure water immediately prior to plastering. Wet cementitious base surfaces with a fine fog water spray to produce a uniformly moist condition and check screeds, pool equipment, and accessories for correct alignment before plastering is started. Do not apply plaster to base surfaces containing frost. Install temporary coverings as required to protect adjoining surfaces from staining or damage by plastering operations.

Scrub bond coat into the prepared concrete surface immediately prior plastering. Use stiff bristle brush to ensure total coverage and penetration of the bond coat slurry.

C. Application for Plaster:

Confirm all application requirements with the manufacturer. Apply finish plaster to the properly prepared substrate at the minimum thickness required by the manufacturer, but no less than 3/8 inch thickness at any location. Apply finish plaster by hand or machine.

If plastering machine is used, control fluidity of plaster to have a slump not exceeding 2 – ½ inches when tested using a 2” by 4” by 6” high slump cone. Do not add additional water to the mix subsequent to determining water content to meet this slump. Perform slump test according to following procedure:

1. Place cone on level, dry non-absorptive base plate.

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2. While holding cone firmly against base plate, fill cone with plaster taken directly from hose or nozzle of plastering machine, tamping with a metal rod during filling to release all air bubbles.

3. Screed off plaster level with top of cone. Remove cone by lifting it straight up with a slow and smooth motion.

4. Place cone in a vertical position adjacent to freed plaster sample using care not to jiggle base plate.

5. Lay straightedge across top of cone; measure slump in inches from bottom edge of straightedge to the top of slumped plaster sample.

D. Workmanship:

Unless otherwise required by the manufacturer, apply finish plaster in two coats by “double-back” method with second coat applied as soon as first coat is tamped and initially floated. Apply plaster with a sufficient pressure to provide a good bond on bases.

Work plaster to screeds at intervals of from 5 feet to 8 feet on straight surfaces. Apply smooth trowel finish without waves, cracks, trowel marks, ridges, pits, crazing, discoloration, projections, or other imperfections. Form plaster carefully around curves and angles, well up to screeds. Take special care to prevent sagging and consequent drooping of applications. Produce surfaces free of visible junction marks in finish coat where one day’s work adjoins another. Finish proprietary plaster as required by manufacturer.

E. Curing:

Curing plaster with fine fog water spray applied to finish coat as frequently as required to prevent dry-out of plaster. Keep plaster damp until pool is filled. Prevent damage or staining of plaster by troweling or curing.

F. Patching, Pointing and Cleaning Up:

Upon completion, cut out and patch loose, cracked, damaged or defective plaster; patches matching existing plaster in texture, color, and finish, flush with adjoining plaster. Perform pointing and patching of surfaces and plasterwork abutting or adjoining any other finish work in a neat and workmanlike manner. If 10% or more of the pool plaster finish is found to be defective, the plaster shall be removed and replaced complete form all surfaces.

Remove plaster dropping or spattering from all surfaces, have in clean unblemished condition ready for pool filling. Remove protective coverings from adjoining surfaces.

Remove debris from site.

CAULKING / SEALANT

All labor, materials, and equipment to perform work as described herein; cleaning, removal of existing caulk, sealant and debris, all preparation and installation of new caulk / sealant material per the manufacturer’s instructions. All work including, but not limited to the following:

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A. Caulking of joints following vertical and horizontal surfaces:

1. Construction joints

2. Concrete deck to tile joints

3. Pool coping joints

4. Pool gutter to concrete deck joints

5. Pool plaster to tile joints

6. Control and expansion joints

7. Joints between different materials

8. Other joints as indicated

Performance Criteria:

A. Provide and install joint sealants that establish and maintain watertight and airtight joint seals without staining or deteriorating joint substrates.

B. Provide manufacturer’s product data for each type of sealant for proposed use.

C. Provide product data certifying compatibility and adhesion test reports from the manufacturer indicating materials forming joint substrates and joint-sealing backings have been tested for compatibility and adhesion with sealant; include any test results and recommendations for primers and substrate preparation needed for adhesion.

D. Provide product manufacturer’s warranty.

E. Obtain each type of joint sealant through one source/single manufacturer.

Project Conditions:

A. Do not proceed with installation of joint sealant under the following conditions: when ambient and substrate temperature conditions are outside the limits permitted by the product manufacturer’s tolerances or below 40 degrees F.; when substrates are wet; or when joint contaminants capable of interfering with adhesion have not yet been removed from joint substrates.

B. Compatibility: provide joint sealants, backing, and other related materials that are compatible with one another and joint substrates under conditions of service and application as demonstrated by sealant manufacturer, based on testing and field results.

C. Prepare each joint, by removal of existing joint material and or all debris in joint, meeting the product manufacturer’s preparation requirements. Notify the County representative of any extreme conditions that may require additional direction or instruction from the County representative.

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D. Contractor shall be responsible for protection of all adjacent and or facility improvements.

Any damages shall be repaired and or replaced per County’s requirements without additional cost. The contractor shall keep the facility locked at all times. The contractor is responsible for proper and safe storage of all materials and equipment. The contractor is responsible for protection of all work in progress until final acceptance.

Products:

A. Provide complete manufacturer’s data on each product and identify its proposed use to the County representative.

B. Color of exposed joint sealant to be selected by the County representative.

C. Products include, but are not limited to; Latiseal and primer, Corning 790, Vulkem 116, solvents, tape, Dec-o-seal, or approved alternate.

D. Cylindrical sealant backings; propose type to be compatible with sealant, size, density, width, depth, and application for intended use, contributing to producing optimum sealant performance.

E. Primer; material recommended by joint sealant manufacturer where required for adhesion of sealant to joint substrates.

F. Cleaner; chemical cleaner acceptable to the manufacturer of sealants and backing material, free of oily residues or other substances capable of staining or harming joint substrates and adjacent surfaces in any way and formulated to promote optimum adhesion of sealants to joints and joint substrates.

Execution:

A. Examine joints indicated to receive joint sealants with the County representative, for compliance with requirements for configuration, installation tolerances, and other conditions affecting joint sealant performance.

B. Comply with the manufacturer’s written installation instructions for product and applications indicated, unless more stringent requirements apply.

C. Comply with recommendations in ASTM C 1193 for use of joint sealant as applicable to materials, applications, and conditions indicated.

D. Clean out and dry all joints immediately before installing joint sealant to comply with manufacturer’s written instructions; removing all foreign material from joint substrates that could interfere with adhesion of joint sealant including dust, dirt, old joint sealant material, back rod, oils, grease, loose grout or plaster material, etc.

E. Clean porous substrate surfaces by brushing, grinding, cutting, mechanical abrading, and or a combination of these methods to produce a clean, sound substrate capable of developing an optimum bond with joint sealant. Remove loose particles by vacuuming or blowing out joints with oil-free compressed air.

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F. Prime joint substrates where recommended in writing by joint sealant manufacturer.

Apply primer to comply with manufacturer’s written instructions. Confine primers to areas of joint-sealer bond; do not allow spillage or migration onto adjoining surfaces.

G. Install sealant back rod as needed to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement and capability. Do not leave gaps between ends of sealant backing. Do not stretch, twist, tear, or puncture sealant backing.

Remove sealant backings that have become wet before sealant application and replace with new dry material.

H. Install sealant using proven techniques. Place sealants so they directly contact and fully wet joints and substrates. Completely fill in recesses in each joint configuration. Produce uniform, cross-sectional shapes, depths, relative to joint widths that allow optimum sealant movement capability.

I. Immediately after sealant application and before “skinning” or curing begins, tool sealant according to requirements specified to form a smooth, uniform configuration; to eliminate air pockets, and to ensure contact and adhesion of sealant with sides of joints. Remove excess sealant from surfaces of joints. Use tooling agents that are approved by the sealant manufacturer that do not discolor sealant or adjacent surfaces.

J. Clean off excess sealant or sealant smears adjacent to joints as the work progresses and with cleaning materials recommended in writing by the product manufacturer.

K. Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from other activity, operations, or causes so sealants are without deterioration or damage at the time of acceptance by the County representative. If damage or deterioration occurs, despite such protection, cut out and remove damaged joint sealant immediately and install replacement/repair areas in that are indistinguishable from original work.

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FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID MAY RESULT IN BID BEING REJECTED.

BID SCHEDULE

LUMP SUM BID PLASTER TILE TOTAL PRICE

Pool Renovations at West Gwinnett Aquatic Center, per specifications

State number of days to begin work once the bid has been awarded: ___________________

State number of days to complete work once the project has started: __________________

Company Name _______________________________________________________________________________________

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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

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NON-COLLUSION AFFIDAVIT

Now here appeared before the undersigned officer duly authorized by the State of Georgia to administer oaths______________________________________________and after being first duly sworn, depose and say that, they are all the officers, agents, persons or employees who have acted for (Company Name) on the West Gwinnett Aquatic Center Pool Renovations and that said has not by (himself, themselves) or through any persons, officers, agents or employees prevented or attempted to prevent by any means whatsoever, competition in such bidding; or by any means whatever prevented or endeavored to prevent anyone from making a bid therefore, or induced or attempted to induce another to withdraw bid from said work.

BY:______________________________________

Signature of Affiant

Name – Typed or printed

Title

Sworn to and subscribed before me this _______ day of ______________, 20 .

Notary Public

(Seal)

Note: See OCGA § 36-91-21 (e)

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CORPORATION INFORMATION

CORPORATE NAME

CORPORATE ADDRESS

MAILING ADDRESS (IF DIFFERENT)

DOING BUSINESS AS (IF DIFFERENT THAN CORPORATE NAME)

CORPORATE OFFICERS: PRESIDENT

SECRETARY

TREASURER

VICE PRESIDENT

REGISTERED AGENT ADDRESS

POWER OF ATTORNEY ADDRESS

DATE OF INCORPORATION

NUMBER OF FULL DAYTIME EMPLOYEES (M-F/8-5)

HAS THE CORPORATION OR ANY OF ITS OFFICERS/AGENTS BEEN INVOLVED IN ANY

LITIGATION IN THE PAST FIVE YEARS? IF SO, PROVIDE DATE AND EXPLANATION

Company Name

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REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed within the past five (5) years.

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

2. Company Name

3. Company Name

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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

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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.

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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)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent

(SEAL)

(Witness as to Surety)

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.

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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

Gwinnett County, Georgia Page 21 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 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

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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.

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

Gwinnett County, Georgia Page 23 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 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.

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(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.

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

Gwinnett County, Georgia Page 25 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 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.