BL106-21 Addendum #2

GWINNETT COUNTY, GEORGIA

DUNCAN CREEK SYNTHETIC TURF REPLACEMENT BL106-21

October 19, 2021

ADDENDUM #2

BL106-21, Duncan Creek Synthetic Turf Replacement

REVISION:

R1. Division 0 (Front End) has been revised to include previously missing sections:

Bid Bond General Conditions Insurance Requirements Bonding and Contract Requirements Sample Contract Contractor Affidavit and Agreement Code of Ethics Affidavit Sample Payment Bond Sample Performance Bond

No-Bid Document General Instructions for Bidders, Terms and Conditions

Division 0 changes per Addendum #1 have been reflected.

GWINNETT COUNTY, GEORGIA

DUNCAN CREEK SYNTHETIC TURF REPLACEMENT BL106-21

CONTRACT DOCUMENTS

Duncan Creek Synthetic Turf Replacement

3700 BRASELTON HIGHWAY

Dacula, GA 30019

Prepared For:

Gwinnett County

Board of Commissioners

75 Langley Dr

Lawrenceville, GA 30046

September 29, 2021

Duncan Creek Synthetic Turf Replacement

Parcel 3002 036, 3002 037 3rd District, Land Lot 036, 037

3700 Braselton Highway Dacula, GA 30019

Bid Number: BL0106-21 Volume 1 of 1

OWNER:

Gwinnett County Board of Commissioners

75 Langley Dr, Lawrenceville, GA 30046

LANDSCAPE ARCHITECT / CIVIL ENGINEER:

Breedlove Land Planning

1020 Old Bishop Rd, Bishop, GA 30621

NOTICE OF BID

BL106-21

Duncan Creek Synthetic Turf Replacement

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Duncan Creek Synthetic Turf Replacement 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 November 2, 2021 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 October 13, 2021 at the Gwinnett County Duncan Creek Park Football Field, 3700 Braselton Hwy, Dacula, GA 30019. All contractors are urged to attend.

Project Description Replace synthetic turf at Duncan Creek multi-purpose field. Alternates include new waterline, new goal system and upgrades to the specified turf system.

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 Jake Scarpone, Purchasing Associate II, at jake.scarpone@gwinnettcounty.com or by calling 770-822-8722, no later than 3:00 P.M. on October 15, 2021. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

To view plans: a complete set of plans and documents are available for viewing at the Gwinnett County Purchasing office (plans, documents & plan holders list are NOT distributed by Purchasing).

To obtain plans and/or plan holders list: A complete set of plans and documents as a pdf may be obtained at no cost from Breedlove Land Planning, Gary Caraway, 15 Simpson St. NW, Atlanta, GA 30308, phone 770-483-1173, email gcaraway@landplanning.net.

THE PLAN-HOLDERS LIST IS AVAILABLE FROM Breedlove Land Planning

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

Gwinnett County, Georgia Page 2 Duncan Creek Synthetic Turf Replacement BL106-21

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-5 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 Susan Canon, 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

GWINNETT COUNTY, GEORGIA 00 0110 -1

DUNCAN CREEK SYNTHETIC TURF REPLACEMENT BL0106-21

SECTION 00 0110 - TABLE OF CONTENTS

SECTION TITLE

DIVISION 0 PROCUREMENT AND CONTRACTING REQUIREMENTS

Invitation to Bid

Section 00 0110 Table of Contents

Scope of Work Special Provisions Bid Schedule Contractor Information Non-Collusion Affidavit Corporation Information References List of Subcontractors Bid Bond General Conditions Insurance Requirements Bonding and Contract Requirements Sample Contract Contractor Affidavit and Agreement Code of Ethics Affidavit Sample Payment Bond Sample Performance Bond

No-Bid Document General Instructions for Bidders, Terms and Conditions Electronic Data File Transfer & User Agreement

Section 00 0115 List of Drawing Sheets

DIVISION 01 GENERAL REQUIREMENTS

Section 01 2200 Unit Prices

Section 01 2300 Alternates

Section 01 3216 Construction Schedules

Section 01 3233 Photographic Documentation

Section 01 3300 Submittal Procedures

Section 01 4000 Quality Requirements

Section 01 4219 Reference Standards

Section 01 5213 Field Offices and Sheds

GWINNETT COUNTY, GEORGIA 00 0110 -2

DUNCAN CREEK SYNTHETIC TURF REPLACEMENT BL0106-21

Section 01 5813 Temporary Project Signage

Section 01 7700 Contract Close-Out

Section 01 7823 Operation and Maintenance Data

Section 01 7829 Final Site Survey

Section 01 7836 Warranties

Section 01 7839 Project Record Documents

DIVISION 31 EARTHWORK

Section 31 0001 Site Preparation and General Site Work

Section 31 0002 Site Demolition

Section 31 2200 Earthwork

Section 31 2500 Erosion and Sedimentation Controls

DIVISION 32 EXTERIOR IMPROVEMENTS

Section 32 0115 Rigid Paving Repair

Section 32 0500 Common Works for Exterior Improvements

Section 32 1301 Rigid Paving and Site Concrete

Section 32 9000 Turf and Grasses

Section 32 9720 Synthetic Turf

DIVISION 33 UTILITIES

Section 33 1100 Water Utility Distribution Piping

END TABLE OF CONTENTS

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This Page Intentionally Left Blank

Gwinnett County, Georgia Page 6

SCOPE OF WORK

Project Description

This project consists of the renovation of a synthetic turf multi-purpose field.

The work includes, but is not limited to:

• Demolition of existing Synthetic Turf & selected irrigation

• Installation of new synthetic turf system (Alternates #1 & #2 are potential upgrades)

• Installation of domestic waterline, isolation valves, hose bibbs & in-ground boxes (Alternate #3)

• New football/soccer goal system (Alternate #4)

The field will be closed during construction. However, the park will remain open. It will be the contractor’s responsibility to secure the work areas and to protect the public from hazards.

Physical, On-Site Construction Work will take place between May 9, 2022 and June 23, 2022.

The project is located at:

Duncan Creek Park, 3700 Braselton Hwy., Dacula, GA 30019

Owner: Gwinnett County, Georgia Construction documents for Duncan Creek Synthetic Turf Replacement prepared by Breedlove Land Planning.

Gwinnett County, Georgia Page 7

SPECIAL PROVISIONS

In the event there are any discrepancies between the following provisions and other provisions in these documents, the following provisions shall prevail.

1. Individuals, firms and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.

2. All references to "Engineer", "Landscape Architect", "Architect", or "owner" in General Conditions, drawings or in specifications are deemed to mean the Program Manager and/or "owner's representative", as designated by the County.

3. METHOD OF AWARD

The Contract will be awarded to the lowest responsive, responsible Bidder submitting the Bid complying with the Contract Documents which is in the best interest of the County, as determined by the County. Determination of the low bid will be based on the total of the Base Bid Lump Sum Amount, which includes all unit price items identified in the Bid Schedule.

4. PERMIT FEES

This project does not include new meters, so water & sewer meter fees do not apply. Contractor is required to obtain all permits necessary for all temporary work, office trailers, water and sewer construction permit, and associated work at his own expense.

5. TIME OF WORK

It is understood that the Contractor’s proposed construction schedule is based on a normal 40 hour, 5-day work week, less recognized holidays. If the Contractor desires to work in excess of this limit, the Contractor shall submit a written request to the County a minimum of five days prior to the desired work date. The contractor shall be responsible for any additional expenses incurred by the County as a result of the extended work hours.

6. EROSION, SEDIMENTATION AND POLLUTION CONTROL MAINTENANCE

No payment will be made for any portion of the project for which temporary erosion, sedimentation and pollution controls are not properly maintained. Any fines or delays for non-compliance of erosion control measures levied by any agency will be the responsibility of the Contractor.

7. CONTRACT DRAWINGS

Contractor will receive two (2) complete sets of full-size plans and specifications and one (1) half-size copy of the plans from the County. Additional drawings and specifications for Contractor’s use during construction may be purchased from Consultant at no cost to Owner.

8. WEATHER DAYS

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The following bad weather calendar days shall be anticipated and included in the contractual time period given for project completion. The Contractor's request for additional time due to weather shall only be granted for days beyond those listed below - considering the full term of the contract.

The burden of proof and documentation for such request for additional time shall rest solely upon the Contractor.

January 10 days July 4 days February 10 days August 2 days March 7 days September 2 days April 6 days October 3 days May 4 days November 5 days June 3 days December 9 days

9. APPROVED VENDORS

All references to vendors and "approved manufacturers" are included for description of quality and content of the designated equipment/materials as basis of design. Equivalent items may be accepted if they meet all standards of quality and purpose for the intended use, as determined by Gwinnett County.

10. LANGUAGE

There shall be at least one person in a position of responsibility representing the Contractor, on site at all times, that is capable of translating from English to the language used by the workforce.

11. PAYMENT FOR GRASSING

Seeded and sodded lawns will be acceptable provided the conditions of Section 32 9200 have been met, including maintenance, and a healthy, uniform, close stand of grass is established, free of bare spots in excess of 6 inches square and surface irregularities.

Payment for sod will be paid at 50% of the sodded amount when placed. Payment will be increased to 100% for the amount of sod that has fully rooted to prevent lifting of the sod, and all seams and bare spots have been rooted and grown in, to be able to be used as intended. Installation shall be properly scheduled for complete establishment during the growing season.

Payment for seeding will be paid at 50% of the total contract amount for seeding until germination and grow-in of permanent grassing has achieved 95% on all areas to be seeded. Payment will be increased to 90% after 95% grow-in has been achieved. Final payment, and payment of retainage, will be made only after 100% grow-in has been achieved. Permanent seeding may only take place seasonally as listed in the Manual for Erosion and Sediment control in Georgia tables for permanent seeding region M-L. If the permanent Bermuda grass seeding cannot be installed during the specified dates, the contractor, at no additional expense to the owner, shall install temporary seeding and maintain temporary cover until the next season for permanent seeding. In areas where seeding was installed at the proper time per the Manual for Erosion and Sediment Control in Georgia and less than full coverage is achieved per the requirements of the Section 329200- Turf and Grasses, which would prevent the owner from opening the facility to the public before the next planting season, the contractor will sod all areas that do not have full coverage – at no cost to the owner. Temporary seeding in high pedestrian traffic areas will not be permitted for facilities that are to open before the next growing season. These areas must be sodded at no cost to the owner.

Gwinnett County, Georgia Page 9

Final payment and release of retainage will not be made until establishment of grass over 100% of the project is acceptable to the County.

12. PARK OPERATION

This construction will be performed while the rest of the park is open to the public. The public will be permitted access into areas not under construction. All park areas not fenced off as construction zones will be fully open to the public per normal park hours during construction.

Contractor shall take necessary precautions to secure the construction site to maintain a safe environment to the public. The construction shall not impede the flow of traffic on the existing park drive or open trails during construction or when fields are open to the public. Any entry drive or parking lot activities must be coordinated and approved by Gwinnett County. The parking lot, paved trails and park roads shall be kept clean and free of dirt and debris.

13. SCHEDULE OF VALUES

Unless otherwise specified or directed, the Unit Price form in the Bid Schedule shall become part of the Schedule of Values used for monthly payment requests, identifying costs for meaningful areas of the Work, such that progress payments can be easily evaluated, as determined by the County.

14. CONTRACTOR EXPERIENCE

Bidder and Synthetic Turf Sub-Contractor should both have completed construction of a minimum of three (3) projects of similar size and complexity within the past five (5) years, and submit current reference contacts on the enclosed form with the bid. The Contractors will identify on the Reference Forms, by name, the Superintendent for each project. The Superintendent assigned to this project must be approved by the County.

15. LIST OF SUBCONTRACTORS

Contractor must submit a full List of Subcontractors with the Bid. Any changes during construction must be approved, in advance, by the County.

In accordance with General Condition 67, Contractor shall not award more than seventy-five percent (75%) of the work to subcontractors. Contractor shall perform, with his/her own organization, work amounting to not less than twenty percent (20%) of the total Contract cost, including materials, equipment and labor. Purchase of materials by the Prime Contractor for use by a Subcontractor will not be allowed when computing the 75% limitation.

16. FINAL ACCEPTANCE

All references to guarantee, warranty or payments that are commencing upon “Final Approval”, “Final Certificate for Payment”, or “Substantial Completion” or other similar wording shall commence upon acceptance of the Work by the County.

17. COORDINATION OF SUBCONTRACTORS

The General Contractor is responsible for becoming familiar with the requirements of all construction documents, which includes drawings, bid and contract documents, specifications and all addenda.

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Letter prefixes for each drawing sheet indicating the engineering discipline are for convenience only. Information affecting the scope of work for all trades will be found throughout all documents and is not limited to only those documents with the appropriate letter prefix. The General Contractor is responsible for providing subcontractors all necessary information and drawings.

18. TOPOGRAPHIC MAPPING

The topographic mapping utilized for the development of these construction documents includes aerial topographic mapping provided by the County at 2’ contour intervals. These surveys were prepared following standard survey practices and standards and are the best available information we have on the site. It is the belief of the County and design consultants that the information is correct, but neither party warrants or implies a level of accuracy beyond standard surveying practices. The contractor should visit the site to review the site topographic conditions and conduct verification surveys if so desired prior to the bid to verify the accuracy of the information provided. Topographic variations discovered after bidding will not be grounds for additional compensation.

19. CONSTRUCTION LAYOUT

The Contractor is responsible for all construction layout and control for the project. Layouts of construction items must consider all elements of the Work adjacent and/or in close proximity.

The Contractor shall proceed with construction layout in such a manner that discrepancies between construction items, existing built features and site conditions that are in conflict with the plans may be examined by the Owner’s Representative prior to construction of items in conflict.

Failure to notify the Owner’s Representative of conflicts prior to constructing items will result in all remedial actions being paid for by the Contractor including but not limited to additional materials, re-inspection fees, professional service fees and survey cost by all parties to the projects.

20. AS-BUILT DRAWINGS AND DOCUMENTATION

As built documents are required to be provided to the Project Landscape Architect to be incorporated into the final closeout package. Refer to Section 017839 Project Record Documents

21. SITE ACCESS

All access for paving and construction vehicles will be as shown on the plans. All areas disturbed will be stabilized and restored to original conditions. All areas of existing pavement that are damaged by the construction traffic will be patched and paved, as directed by the County.

22. MULCH MANAGEMENT

Should the Contractor decide to stockpile mulch derived from the clearing operations on the site, or mulch delivered from off site, he is responsible for managing the stockpiles of mulch to prevent combustion of the material. Should the stockpiled mulch materials ignite and/or burn, Contractor will be responsible for extinguishing the fire and redistributing the stockpile appropriately to prevent future combustion. Any damage to the property or adjacent properties will be the responsibility of the Contractor.

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23. PROJECT MANAGEMENT REQUIREMENT

The contractor will be required to utilize E-Builder, a web-based project management system that the Gwinnett County Department of Community Services will be using for project management.

This will include submitting electronic documents, such as correspondence, schedules, requests for information, meeting minutes, proposed change orders, payment applications, record drawings, as well as warranty and close-out documents and any other correspondence or information related to the project. The County will provide access to and training on the system.

There is no financial cost to the contractor for access to and utilization of this system.

23. All bidders must be licensed General Contractors in the state of Georgia OR qualify for exemption under O.C.G.A. § 43-41, such as Limited Service Specialty Contractors or reciprocity as defined by O.C.G.A. §43-41. Limited Service Specialty Contractors who offer or contract to perform for an owner limited, specialty or specific trade contractor work do not have to hold a license as a residential or general contractor license if they are performing within their specialty. Traditional specialty contractors will not be required to carry a general contractors license but will be required to comply with all applicable national, state, and local codes and ordinances. Sitework has been identified as a limited service specialty contractor allowing contracting directly with an Owner without being a licensed residential or general contractor. The following are allowable categories of work which may be completed or coordinated by a Sitework Limited Service Specialty Contractor: Layout and Engineering; Erosion Control and Tree Protection; Clearing; Rough Grading and Finish Grading; Storm Sewer; Sanitary Sewer; Fire and Domestic Water; Shoring; Fix Retaining Walls; Curb and Gutter; Roads and Walks; Electrical Lighting; Striping and Signs; Grassing; Lift Stations; Explosives for demolition upon approval of The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Explosive Deslagging. All bidders shall thoroughly review the Code to determine if they meet the requirements and provide documentation as such if requested.

Gwinnett County, Georgia Page 12

FAILURE TO RETURN THIS SCHEDULE AS PART OF YOUR BID DOCUMENT

MAY RESULT IN REJECTION OF BID

BID SCHEDULE

By submission of this bid, the bidder has carefully examined and fully understands the contract, plans and specifications and other documents hereto attached, and has made a personal examination of the site of the proposed work, and has satisfied himself as to the actual conditions and requirements of the work, and hereby proposes and agrees that if his bid is accepted, he will contract with Gwinnett County according to the bidding documents entitled Duncan Creek Synthetic Turf Replacement and addenda, as well as the existing conditions of the project, and conditions affecting the work, the undersigned proposes to furnish all services, labor and materials required by them in accord with said documents, personal observations of the site conditions including the total numeric sums for Unit Price Schedule items below, for the sum as follows:

$ , which sum is hereinafter called “Base Bid”.

LIQUIDATED DAMAGES

The undersigned agrees to commence work within 10 days of the date of Notice to Proceed issued by Gwinnett County Purchasing Office. At this time contractor shall proceed with submittals, including ordering any necessary materials to perform the scope of work in a timely manner. and to commit adequate forces on-site to substantially complete all Work, including punch list items and clean-up, as determined by the County in 45 days. Gwinnett County will charge the contractor one thousand dollars ($1,000.00) per day for liquidated damages for every day beyond 45 days that the work is not complete.

Bid Schedule Continued Next Page

Gwinnett County, Georgia Page 13

UNIT PRICES

Should unforeseen conditions be encountered, and for other indicated construction items, the Base Bid shall include performing the work below. The Bidder/Contractor shall include within the Base Bid all work associated with the Bid Documents in order to complete the project. The stated unit item prices include only those items listed in Section 01 2200 Unit Prices. A missing or incorrect unit price line item does not relieve the Bidder/Contractor from completing the project for the Base Bid amount.

The Base Bid includes all work described in the project description and items 1 through 7 described below.

No. Item Unit Estimated Qty Unit Price Total______

1. Additional #89 Stone CY 50 ________ ___________

2. Additional #57 stone CY 50 ________ ___________

3. Replace Concrete Header curb LF 1700 ________ ___________

4. Replace Turf Nailer LF 1700 ________ ___________

5. Additional Concrete Walk SF 720 ________ ___________

6. Additional Seal Coating & SY 1600 ________ ___________

Striping

7. Additional Bermuda Sod SF 3600 ________ ___________

The undersigned represents that the unit prices listed above are complete as specified in Section 01 2200 Unit Prices and acknowledges that the quantities are not guaranteed, and that payment will be for actual in-place quantities installed per the plans or as directed by the County. Prices must be entered for all blanks in the schedule. If there is an error in the calculation for the total amount entered, the bid unit price multiplied by the Estimated Quantity will be the bid amount that is considered, included in the Base Bid.

Providing items 1 through 7 in excess of the estimated amount will be paid at the unit price, upon verification by the County’s geotechnical firm and/or site representative.

Should the amount included in the Base Bid for any of the items 1-7 not be encountered or required in full, a change order will be initiated to refund to the County the difference at the bid unit price.

Unit prices and totals must be entered for all blanks in the schedule.

Bid Schedule Continued Next Page

Gwinnett County, Georgia Page 14

SCHEDULE OF ALTERNATES

ADD ALTERNATE NO. 1:

Provide infill mix with cooling technology in lieu of base bid infill mix.

Add ($______________________) to Base Bid

ADD ALTERNATE NO. 2:

Provide Dual-fiber turf product in lieu of base bid turf product.

Add ($______________________) to Base Bid

ADD ALTERNATE NO. 3:

Provide water system as depicted on drawings.

Add ($______________________) to Base Bid

ADD ALTERNATE NO. 4:

Provide new Combination Football/Soccer Goal System.

Add ($______________________) to Base Bid

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

Addendum No. Date Addendum No. Date

Certification of Non-Collusion in Bid Preparation _____________________________________________ Signature Date

Company Name

AUTHORIZED REPRESENTATIVE SIGNATURE

Gwinnett County, Georgia Page 15

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

Federal Tax ID

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

Gwinnett County, Georgia Page 16

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 Duncan Creek Synthetic Turf Replacement 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)

Gwinnett County, Georgia Page 17

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

Gwinnett County, Georgia Page 18

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

2. Company Name

3. Company Name

Gwinnett County, Georgia Page 19

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

Gwinnett County, Georgia Page 20

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.

Gwinnett County, Georgia Page 21

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 insure 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

Gwinnett County, Georgia Page 23 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.

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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

Gwinnett County, Georgia Page 25 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.

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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.