6-ITB 26-006 GENERAL-SUPPLEMENTAL CONDITIONS.pdf

Appendix A: General Conditions Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction Transportation Systems, 2021 edition, and any Supplemental Specifications modifying them, except as noted below and in the Special Provisions.

Modification of Standard Specifications

SECTION 101 - DEFINITION AND TERMS

Section 101.10 BOARD

Delete as written and substitute the following:

"City Council of City of Alpharetta, Georgia"

Section 101.13 CHIEF ENGINEER

Delete as written and substitute the following:

"The City of Alpharetta Director of Public Works, acting directly or through their duly authorized representatives."

Section 101.14 COMMISSIONER

Delete as written and substitute the following:

"The Mayor of the City of Alpharetta, Georgia"

Section 101.16 CONTRACT

Delete the second paragraph and substitute the following:

"The Contract Documents shall be composed of the Advertisement for Bid; Notice to

Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda;

the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract."

Section 101.22 DEPARTMENT

Delete as written and substitute the following:

"The City of Alpharetta Department of Public Works"

Section 101.24 ENGINEER

Delete as written and substitute the following:

"The City of Alpharetta Director of Public Works, acting directly or through their duly authorized representatives."

Section 101.47 PROJECT

Delete as written and substitute the following:

“The specific section or sections of the plans together with all appurtenances and construction to be performed thereon under the Contract.”

Section 101.50 RIGHT OF WAY

Delete as written and substitute the following:

“A general term denoting land, property or interest therein, usually, but required to be, in a strip, acquired for or devoted to the PROJECT and PLANS.”

Section 101.62 STATE HIGHWAY ENGINEER

Delete as written and substitute the following:

"The City of Alpharetta Director of Public Works, acting directly or through their duly authorized representatives."

Section 101.74 SUPPLEMENTAL AGREEMENT

Retain as written and add the following:

"Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety."

Section 101.80 TREASURER

Delete as written and substitute the following:

" The City of Alpharetta Director of Finance, acting directly or through their duly authorized representatives."

Add:

“Section 101.83 CITY: The City of Alpharetta

Section 101.84 PROCUREMENT AGENT: A duly authorized representative of the City of Alpharetta Director of Finance.”

SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS

Section 102.01 PREQUALIFICATION OF BIDDERS

Delete in its entirety.

Section 102.02 COMPETENCY OF BIDDERS

Delete the first paragraph in its entirety.

Section 102.03 CONTENTS OF PROPOSAL FORMS

Delete in its entirety.

Section 102.05 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF

THE WORK

Add the following:

"Each BIDDER must inform themselves fully of the conditions relating to the construction of the PROJECT and the employment of labor thereon. Failure to do so will not relieve a successful BIDDER of their obligation to furnish all material and labor necessary to carry out the provisions of their Contract. Insofar as possible the CONTRACTOR, in carrying out its work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. Bidders, before making proposals, shall examine the plans and specifications and make such examinations on the ground as are necessary to thoroughly familiarize themselves with the nature and extent of the proposed construction and all local conditions affecting the same, as the CITY will not be responsible for BIDDER's errors or misjudgment, nor for any information on local conditions or general laws or regulations.

At the time of the opening of bids, each BIDDER will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any BIDDER to examine any form, instruments or documents shall in no way relieve any bidder from any obligation in respect to their bid."

Section 102.06 PREPARATION OF PROPOSAL

Section 102.07 REJECTION OF PROPOSALS

Delete the first paragraph and substitute the following:

“Proposals may be rejected as irregular if their consideration is conditioned upon the acceptance or rejection of other Proposals submitted by the same Bidder, if the Georgia Security and Immigration Compliance Act Affidavit is not completed, or if a Unit Price is not shown for each Pay Item.”

Delete Item A and substitute the following:

“A. Collusion Any and all Proposals will be rejected if the Department believes that collusion exists among the Bidders and no participant in such collusion may submit future Proposals for the same work. The Department reserves the right to review and to refuse to consider any Proposal if the Bidder fails to execute the Bidder’s Disclosures and Certifications form.”

Delete Item G in its entirety.

Delete Item J and substitute the following:

“J. The CITY reserves the right to reject any and all bids, to waive formalities and to re-advertise. It is understood that all bids are made subject to this Agreement, that the CITY reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, their financial responsibility, and work of this type successfully completed.

K. The CITY also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to City of Alpharetta, Georgia."

Section 102.08 PROPOSAL GUARANTY

Delete in its entirety.

Section 102.09 DELIVERY OF PROPOSALS

Delete in its entirety.

Section 102.10 WITHDRAWAL OR REVISION OF PROPOSALS

Delete in its entirety.

Section 102.11 PUBLIC BID

Delete in its entirety.

Section 102.15 SUBMITTAL OF “GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

AFFIDAVIT”

Delete in its entirety.

Section 102.16 SUBMITTAL OF “REQUEST FOR ELIGIBILITY TO BID”

Delete in its entirety.

Section 102.17 SUBMITTAL OF “CERTIFICATE OF CURRENT CAPACITY” AND “STATUS OF

CONTRACTS ON HAND”

Delete in its entirety.

Section 102.18 SUBMITTAL OF “CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST”

Section 102.19 SPECIALTY ITEMS EXEMPT FROM PREQUALIFICATION OF BIDDERS

SECTION 103 - AWARD AND EXECUTION OF CONTRACT

Section 103.1 CONSIDERATION OF PROPOSALS

Delete the first paragraph in its entirety and substitute the following:

“After the Proposals are opened and read, the correct sum of the products of the quantities shown in the Proposal multiplied by the Unit Prices Bid will be considered the amount of the Bid. If there is a discrepancy between Unit Bid Prices and extensions, the Unit Bid Price shall govern. In determining Unit Bid Prices, fractional parts of a cent less than one cent ($0.01) will not be considered significant and will be dropped. The amounts will then be compared, and the results of this comparison will be made public at the time specified in the Notice to Contractors. Until the final Award of the Contract, however, the right will be reserved to reject any and all Proposals, to waive technicalities, to advertise for new Proposals, or to proceed to do the work otherwise if the interest of the CITY will be promoted thereby.

Section 103.2 AWARD OF CONTRACT

Section 103.4 RETURN OF PROPOSAL GUARANTY

Delete in its entirety.

Section 103.5 REQUIREMENTS OF CONTRACT BONDS

Delete in its entirety.

Section 103.6 EXECUTION AND APPROVAL OF CONTRACT

Add the following:

"Execution of the Contract by CONTRACTOR shall not be considered complete unless

CONTRACTOR submits proper proof of coverage of Insurance in compliance with the General Insurance Requirements found in the General Terms and Conditions, Sample Contract, ITB Information document included in the Invitation to Bid.”

Section 103.7 FAILURE TO EXECUTE CONTRACT

Section 103.8 PROCEDURE FOR REQUESTING RECONSIDERATION BY RESPONSIVE REJECTED

APPARENT LOW BIDDER

SECTION 105 - CONTROL OF WORK

Section 105.02 PLANS AND WORKING DRAWINGS

Add the following paragraphs:

"If, in the process of the Contract, discrepancies arise, the CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof.

The CONTRACTOR shall submit promptly to the Engineer six (6) copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid.

After examination of such drawings by the Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Engineer with two (2) corrected copies. If requested by the Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Engineer, the CONTRACTOR shall nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications at the time they furnish such drawings."

Section 105.14 MAINTENANCE DURING CONSTRUCTION

Retain in its entirety, but insert the following after the first paragraph:

"At all times, the CONTRACTOR shall perform work as may be required to protect the entire site from damage, both existing conditions and performed work. Furthermore, the CONTRACTOR shall be responsible for all damages to all persons and property due to the non-maintenance of the PROJECT."

SECTION 106 - CONTROL OF MATERIALS

Section 106.03 SAMPLES, TESTS, CITED SPECIFICATIONS

Retain in its entirety, but insert the following after the first paragraph:

“CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required by the Standard Specifications or the Owner’s acceptance of materials or equipment to be incorporated into the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR’S purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to the CITY and shall comply with the GDOT sampling, testing and inspection manual.”

SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC

Section 107.02 PERMITS AND LICENSES

Add the following paragraphs:

"The CONTRACTOR shall provide the CITY, on the proper form, proof of being licensed to do business within The City of Alpharetta; proof of proper business licenses shall also be provided by the prime CONTRACTOR for any and all subcontractors coming under the jurisdiction of this Contract. (See Subcontractors' Notification List.)

Before any work proceeds along areas adjacent to a State Highway, the CONTRACTOR shall assure that a permit showing that the PROJECT is approved by the Georgia Department of Transportation is posted. Before any work proceeds the CONTRACTOR shall assure that all applicable City of Alpharetta permits are posted. The CONTRACTOR shall notify both the Engineer and the local Georgia Department of Transportation's representative 48 hours before moving into a new area to begin construction."

Section 107.07 PUBLIC CONVENIENCE AND SAFETY

Retain as written and add the following:

"The CONTRACTOR shall distribute a notice to each residence or business within the limits or immediately adjacent to the PROJECT. This notice will be provided by the CONTRACTOR, approved by the CITY and it will be the responsibility of the CONTRACTOR to deliver the notices prior to beginning construction.

The notices will be used to inform the affected parties of the activities that will be occurring and will identify the CONTRACTOR.

The notice will be in the form of "door hangers" and are not to be placed in the mail boxes.

The CONTRACTOR will notify the Director of Public Works in writing upon completion of this work and the letter will become a permanent part of the PROJECT records."

Section 107.13 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE

Retain subparagraph C. and add the following paragraph:

"All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions."

Delete subparagraph F in its entirety and substitute the following:

"The CONTRACTOR shall have the responsibility for removing and relocating all mailboxes to an area outside of the construction limits but still accessible for mail deliveries and convenient to the mail carrier and the patron during the entire time of construction. It may be necessary for the CONTRACTOR to confer with the Post Office serving the area.

As soon as construction has progressed to the stage that the mailbox may be erected in its permanent position, the CONTRACTOR shall coordinate the erection with the patron and the Post Office serving the area. Any damages to the posts or mailboxes due to the removal and/or relocations by the CONTRACTOR will remain the responsibility of the CONTRACTOR, all damaged posts and/or mailboxes shall be replaced and installed by the CONTRACTOR at their expense, excluding mailbox enclosures of masonry construction.

Any cost or costs to the CONTRACTOR for removing, relocating or installations of mailboxes as stated above shall be included in the overall bid price."

Section 107.15 RESPONSIBILITY FOR DAMAGE CLAIMS

Add the following paragraph:

"CONTRACTOR shall indemnify and hold harmless the CITY and their agents, employees, successors, and assigns from and against all loss, cost, damage, claim, suit, and judgment, including attorney's fees, arising out of or resulting from the performance or non-performance of the work. CONTRACTOR's duty to indemnify applies in connection with, but is not limited to, injury to or death of any person or persons, loss of or damage to property caused by or in any way connected with CONTRACTOR's performance or non-performance of the work, whether such injury, death, loss, or damage results from any cause whatsoever. The CONTRACTOR's duty to indemnify shall extend to all claims, damage, loss, or expense caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The duty of the CONTRACTOR to indemnify, contained herein, shall not extend to any claim, damage, loss, or expense which results solely from the negligence of a party indemnified hereunder."

Section 107.17 CONTRACTOR'S RESPONSIBILITY FOR THE WORK

Retain in its entirety and add the following:

"In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instruction from the Engineer, in a diligent manner. They shall notify the Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Engineer for approval.

Where the CONTRACTOR has not taken action but has notified the Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, they shall act as instructed or authorized by the Engineer."

Section 107.18 ACQUISITION OF RIGHT OF WAY

Delete in its entirety and substitute the following:

"The CITY shall furnish all land and right-of-way necessary for the carrying out of this

Contract and the completion of the Work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all lands and rights-of-way as herein contemplated may not be completely secured before construction begins, in which event the CONTRACTOR shall begin his Work upon such land and rights-of-way as the CITY may have previously acquired, and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining land and rights-of-way. Should the CITY be prevented or enjoined from proceeding with the Work, or from authorizing its prosecution, either before or after the commencement, by reason of any litigation, or by reason of its inability to procure any lands or rights-of-way for the said Work, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, or, to withdraw from the Contract except by consent of the CITY, but time for completion of the Work will be extended to such time as the CITY determines will compensate for the time lost by such delay, such determination to be set forth in writing."

Section 107.20 NO WAIVER OF LEGAL RIGHTS

Retain in its entirety and add the following:

"The CONTRACTOR shall guarantee the work accomplished under this Contract for a period of twelve (12) months from the date of final acceptance. The CONTRACTOR shall remedy, at his own expense, and without additional cost to the CITY, all defects arising from either workmanship or materials, as determined by the Engineer. The guarantee shall not cover any accidental or deliberate damage to the work, or any defects occurring due to normal wear and tear during the twelve (12) months.

All equipment of whatever nature incorporated in the work covered by this Contract shall carry the same guarantee as outlined above for construction. Failure of any equipment or part thereof within the specified time shall be corrected to the satisfaction of the CITY, at the CONTRACTOR's expense. This guarantee does not apply to manufacturing defects of equipment furnished by the CITY.

The Performance Bond shall remain in full force and effect through the guarantee period."

SECTION 109 - MEASUREMENT AND PAYMENT

Section 109.07 PARTIAL PAYMENTS

“A. GENERAL

At the end of each calendar month, the CONTRACTOR will invoice for the value of Work complete and in place for that month, subject to verification and approval by the Engineer. Invoice value will be computed on the basis of Contract Item Unit Prices or on percentage of completion of Lump Sum Items.

Invoices for payment shall be submitted by the fifth (5th) calendar day of each month to facilitate processing for payment in that same month. Invoices received after the fifth (5th) calendar day of the month may not be paid until the end of the following month.

Certain deductions from the amount due on Partial Payment estimates will be retained by the Department until final payment is made after full compliance with Sub-Section 109.08. The amounts to be deducted and retained shall conform to the conditions and provisions of Sub-Section 109.07.B.6 and Sub-Section 109.07.G.

B. MATERIALS ALLOWANCE

Payments will be made on delivered costs, or percentage of bid prices if otherwise noted, with copies of paid invoices provided to the Department for the materials listed below which are to be incorporated into the Project provided the materials:

• Conform to all specification requirements.

• Are stored on the Project right of way or, upon written request by the

Contractor and written approval of the Engineer, they may be stored off the right of way, but local to the Project, provided such storage is necessary due to lack of storage area on the right of way, need for security, or need for protection from weather.

As a further exception to on-Project storage, upon written request by the

Contractor, the Engineer may approve off-the-Project storage items uniquely fabricated or precast for a specific Project, such as structural steel and precast concrete, which will be properly marked with the Project number and stored at the fabrication or precast facility.

The Engineer may approve out-of-state storage for structural steel and prestressed concrete beams uniquely fabricated for a specific Project stored at the fabrication facility.

1. Paid invoices should accompany the materials allowance request, but in no case submitted to the Project Engineer later than thirty (30) calendar days following the date of the progress payment report on which the materials allowance was paid.

In case such paid invoice(s) are not furnished within the established time, the materials allowance payment will be removed from the next progress statement and no further materials allowance will be made for that item on the Project.

2. Materials allowances will be paid for those items which are not readily available, and which can be easily identified and secured for a specific project and for which lengthy stockpiling periods would not be detrimental. Some exclusions are as follows:

a. No payments will be made on living or perishable plant materials until planted.

b. No payments will be made on Portland Cement, Liquid Asphalt or

Grassing Materials.

c. No payment will be made for aggregate stockpiled in a quarry. Payment for stockpiled aggregate will be made only if the aggregate is stockpiled on or in the immediate vicinity of the project and is held for the exclusive use on that project. The aggregate must be properly secured. If the aggregate stockpiled is to be paid for per-ton it must be reweighed on approved scales at the time it is incorporated into the Project.

d. No payments will be made on minor material items, hardware, etc.

3. No materials allowance will be made for materials when it is anticipated that those materials will be incorporated into the Work within thirty (30) calendar days.

4. No materials allowance will be made for material when the requested allowance for such material is less than $10,000.

5. Where a storage area is used for more than one project, material for each project shall be segregated from material for other projects, identified, and secured. Adequate access for auditing shall be provided. All units shall be stored in a manner so that they are clearly visible for counting and/or inspection of the individual units.

6. The CITY may, at his discretion, grant waiver to the requirements of this

Section when, in his opinion, such waiver would be in the public interest.

Subsequently, in the event the material is not on-hand and in the quantities for which the materials allowance was granted, the materials allowance payment will be removed from the next progress statement and no further materials allowance will be made for those items on that Project. If sufficient earnings are not available on the next progress statement, the Contractor agrees to allow the CITY to recover the monies from any other Contract he may have with the CITY, or to otherwise reimburse the CITY.

Payments for materials on hand shall not exceed the invoice price or seventy-five percent (75%) of the bid prices for the pay items into which the materials are to be incorporated, whichever isles.

C. MINIMUM PAYMENT

No partial payment will be made unless the amount of payment is at least $1000.00

D. LIQUIDATED DAMAGES

Accrued liquidated damages will be deducted in accordance with Subsection 108.08.

E. OTHER DEDUCTIONS

In addition to the deductions provided for above, the CITY has the right to withhold any payments due the Contractor for items unpaid by the Contractor for which the CITY is directly responsible, including, but not limited to, royalties (see Section 106.)

F. AMOUNT OF PAYMENT

The balance remaining after all deductions provided for herein have been made will be paid to the Contractor. Partial estimates are approximate and are subject to correction on subsequent progress statements. If sufficient earnings are not available on the subsequent progress statement, the Contractor agrees to allow the CITY to recover the monies from any other Contract they may have with the CITY, or to otherwise reimburse the CITY. The Engineer is responsible for computing the amounts of all deductions herein specified, for determining the progress of the Work and for the items and amounts due to the Contractor during the progress of the Work and for the final statement when all Work has been completed.

G. INTEREST

Under no circumstances will any interest accrue or be payable on any sums withheld or deducted by the CITY as authorized by Subsection 109.07.A, Subsection 109.07.B.6, Subsection 109.07.C, Subsection 109.07.D, Subsection 109.07.E, and Subsection 109.07.F.”

Section 109.08 FINAL PAYMENT

"Upon completion by the CONTRACTOR of The Work, including the receipt of any final written submission of the CONTRACTOR and the approval thereof by the CITY, the CITY will pay the CONTRACTOR a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment.

The CONTRACTOR agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.

No payment shall be made until the CONTRACTOR furnishes to the CITY a sworn affidavit to the effect that all bills are paid and no suits and/or liens are pending in connection with the work done or labor and materials furnished under this Contract. The Engineer will make final payment within sixty (60) days after approval.

The CONTRACTOR will be required to maintain all work done by him in a first-class condition for sixty (60) days after the same has been completed as a whole, and the Engineer has notified the CONTRACTOR in writing that the work has been finished to his satisfaction. The retained percentage will not be due or payable to the CONTRACTOR until the 60-day maintenance period has ended.”

Appendix A: General Conditions