Cleveland Hwy Corridor Sewer Extension Projec.pdf

August 2024

REQUEST FOR PROPOSALS

CONTRACT, PLANS AND SPECIFICATIONS

FOR

CLEVELAND HWY CORRIDOR SEWER EXTENSION PROJECT

FOR

THE BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS

OF

THE CITY OF DALTON, GEORGIA

COMMISSIONERS

JOE YARBROUGH – CHAIRMAN

KEN WHITE

TOMMY BOGGS

ED ANTHONY

JACKIE KILLINGS

JOHN THOMAS

CHIEF EXECUTIVE OFFICER

TABLE OF CONTENTS

CLEVELAND HWY CORRIDOR SEWER EXTENSION PROJECT

FOR

THE WATER, LIGHT AND SINKING FUND COMMISSION

OF

THE CITY OF DALTON, GEORGIA

Advertisement for Bids……………………………………………….…………… 001113

Instructions to Bidders………………………………………………….…………. 002113

Bid…………………………………………………………………….…………… 004113

Non-Collusion Affidavit of Prime Bidder…………………………….…………... 004519

Corporate Certificate………………………………………………….…………… 004543

Statement of License Certificate…………………………………………………...

E-Verify……………………..…………..…………………………………………

004546

004549

Construction Contract…………………………………………………………….. 005213

Performance Bond………………………………………………………………… 006113.13

Payment Bond…………………………………………………………………….. 006113.16

General Requirements and Conditions……………………………………….…… 007213

Allowances………………………………………………………………………… 012100

Owner Supplied Materials…………………………………………………………

Technical Specifications

012126

Erosion and Sedimentation Controls………………..………………………... 312500

Sanitary Utility Sewerage Force Mains………………………………………. 333400

ARPA (American Rescue Plan Act) Funding Instructions to Bidders

ADVERTISEMENT FOR

BIDS

001113

ADVERTISEMENT FOR BIDS

CLEVELAND HWY CORRIDOR SEWER EXTENSION PROJECT

FOR

THE BOARD OF WATER, LIGHT AND

SINKING FUND COMMISSIONERS

OF THE

CITY OF DALTON, GEORGIA

D/B/A DALTON UTILITIES

Print Date: 6/28/2024

Sealed Proposals for the CLEVELAND HWY CORRIDOR SEWER EXTENSION PROJECT for the BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS OF THE CITY

OF DALTON, GEORGIA D/B/A DALTON UTILITIES (“Owner”) will be received in the

Auditorium of the Dalton Utilities Administration Building at 1200 V.D. Parrott Jr. Parkway until

2:00 P.M. local time August 9th, 2024, at which time they will be publicly opened and read.

Work to be Done: The work to be done (hereinafter referred to as “Work”) consists of furnishing all materials and equipment, except those specified in the Bid, and performing all labor necessary for the following project (hereinafter referred to as “Project”):

Construct the Cleveland Hwy Corridor Sewer Extension Project as shown in the drawings and specifications. The project will include Horizontal Directional Boring of approximately 7,000 LF of sanitary sewer force main and include installation of fittings and air release valves as shown in the drawings.

Dalton Utilities will supply the HDPE pipe, fittings and steel casing for the project. The contractor will be responsible for supplying all other materials.

The Contractor’s work also includes all erosion, sedimentation, and pollution control necessary for the project. The cost of any permits required for erosion control and land disturbing will be borne by the Owner. The Contractor will be responsible for the cost of any other permits or licenses required to complete the work. The Contractor will complete all necessary clean-up and restoration work to include filling, finish grading, grassing, landscaping, pavement repairs, driveway repairs, culvert repairs, drainage ditch restoration and other necessary restoration activities such that post construction conditions are EQUAL TO OR BETTER than those conditions that existed prior to any construction activity occurring.

The Owner is authorized to issue change orders, without the necessity of additional requests for bids, within the scope of the Project when appropriate or necessary in the performance of the contract. No additional work shall be performed unless authorized by the Owner. The bidder declares that it understands that the unit price quantities shown in the proposal are subject to adjustment by either increase or decrease, by the Owner, and that should the quantities of any of the items of the work be increased, the bidder proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, the bidder also understands that payment will be made on actual quantities at the unit price bid and will make no claim for anticipated profits for

001113-2

Advertisement for Bids any decrease in the quantities, and that quantities will be determined upon completion of the Work at which time adjustment will be made to the contract amount by direct increase or decrease.

Bidder Pre-qualification: Pre-qualification of bidders for this project is required. Bidders must submit a pre-qualification package containing requested information to the office of Dalton

Utilities by 5:00 P.M., local time, Thursday, July 25, 2024. All applicants submitting pre-qualification documentation will be notified of their status via phone call to the contact person listed on the package by 5:00 P.M. Friday, July 26, 2024. Only bids submitted by properly pre-qualified bidders will be opened.

Mandatory Pre-Bid Meeting: A mandatory pre-bid meeting will be held at Dalton Utilities for all properly pre-qualified bidders. This meeting will be held on Tuesday, July 30, 2024, at 2:00 pm in the upstairs auditorium at the Dalton Utilities office building located at 1200 V.D. Parrott Jr.

Parkway in Dalton, Georgia. This meeting is mandatory and if a properly pre-qualified bidder does not attend, then Dalton Utilities will not open a bid from this contractor.

Time Allotted: All work as specified herein shall be completed within 100 calendar days of notice to proceed. Contractors submitting bids on project must be prepared to proceed with work within three weeks of bid opening.

Bids: Bids shall contain complete and detailed prices for labor, equipment, and construction materials for all items listed.

Contractor’s License: All bidders must possess any and all licenses and permits as may be required by applicable federal, state and/or local law/ordinances. The Georgia Utility Contractor License

Number shall be written on the face of the bid.

Performance and Bid Bond: A bid bond will be required in the amount of 10% of the total bid amount. A contract performance bond and a payment bond, in an amount equal to one hundred percent (100%) of the contract price, will be required of the successful bidder.

Withdrawal of Bids: Except as provided in O.C.G.A. Section 36-91-50, no submitted bid may be withdrawn for a period of sixty (90) days after the scheduled closing time for the receipt of bids.

Additional Instructions to Bidders, Drawings, Specifications and Contract Documents: Additional instructions to bidders, drawings, specifications, and other contract documents may be examined at Dalton Utilities, Watershed Engineering Services, 1200 V.D. Parrott Jr. Parkway, Dalton, Georgia. Drawings, Specifications and Contract Documents may be obtained at Dalton Utilities’ website https://www.dutil.com/engineering or in person at Dalton Utilities, 1200 V.D. Parrott Jr.

Parkway, Dalton, Georgia 30721.

https://www.dutil.com/engineering

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Advertisement for Bids

Acceptance or Rejection of Bids: The right is reserved to accept or reject any and all bids and to waive technicalities and informalities.

Statutory Requirements: Notwithstanding any provision of this advertisement, all proposals must also comply with the minimum applicable requirements of Chapter 91 of Title 36 of the Official

Code of Georgia Annotated.

E-Verify Requirements: All contractors and subcontractors performing work for Dalton Utilities must participate in the E-Verify Program pursuant to the Georgia Security and Immigration

Compliance Act (SB 529).

THE BOARD OF WATER, LIGHT AND SINKING FUND

COMMISSIONERS OF THE CITY OF DALTON, GEORGIA

By: John Thomas, Chief Executive Officer

INSTRUCTIONS TO

BIDDERS

002113

INSTRUCTIONS TO BIDDERS

CLEVELAND HWY CORRIDOR SEWER EXTENSION PROJECT

FOR

THE BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS

OF THE

CITY OF DALTON, GEORGIA

D/B/A DALTON UTILITIES

Bids received until 2:00P.M., Local Time, August 9, 2024

INSTRUCTIONS TO BIDDERS

I. Definitions:

Unless otherwise defined in this document, capitalized terms have the meaning defined in the Contract.

II. Evaluation of Bidders:

The Contract will be awarded pursuant to O.C.G.A. Section 36-91-21 to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. A responsible bidder is a person or entity that has the capability in all respects to perform fully and reliably the Contract requirements as determined by Dalton Utilities (“Owner”). A responsive bidder is a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in the invitation for bids as determined by Owner.

Factors to be considered may include, but are not necessarily limited to the following:

A. Determination of Contract Awardee:

1. The Owner reserves the right to award the project to the Contractor who presents a bid that is determined to be the best overall value to the Owner. This does not guarantee award of the project to the lowest bidder. Award of this contract will be based on a combination of price, schedule, previous experience on similar projects, references from other sources having employed the contractor, and all other requirements detailed in this document and all contract documents. The Owner will

002113-2

Instructions to Bidders determine which is the lowest responsible and responsive bidder based on:

a) Completeness: The completeness and regularity of the bid form.

b) Exclusions: Bid form without exclusions, alternatives, or special conditions.

c) Contract Time: The Contractor has a maximum of 100 calendar days to complete the project.

2. Bidder’s ability to begin the Work on this Project within three weeks upon the award of the Contract with sufficient resources to complete the Project by the Completion Date and maintain timely progress as determined by the Owner.

B. Qualifications of Bidders:

1. Each bidder must submit as part of its bid proposal a completed

Statement of Bidder’s Qualifications

2. The bidder must maintain a permanent place of business.

3. The bidder must have adequate technical experience on similar projects of comparable size.

4. The bidder must have sufficient resources (including but not limited to labor, equipment, and financial resources) to complete the Project by the Completion Date and maintain timely progress as determined by the Owner. The bidder should consider existing commitments in determining adequate personnel and equipment availability throughout the Project so as to stay on schedule and finish all Work by the Completion Date.

5. The bidder shall possess all necessary certifications for the bidder as an entity, for individuals it employs, and for all associated equipment to complete the Project by the Completion Date. Any reference made to necessary certifications includes but is not limited to conforming to the standards of all applicable technical society, organization, body, code, and standards. The bidder shall provide all materials needed to meet or exceed these necessary certifications including material fabrication, and the bidder shall provide all necessary testing and installation. In a case where the Owner establishes a more stringent qualification, the more stringent qualification shall prevail. In addition, necessary certifications

002113-3 shall include all applicable requirements of local codes, utilities, and any other authorities having jurisdiction regarding the Project. The bidder must have a damage prevention program in place providing for coordination of excavating with the Utilities Protection Center of Georgia and have the provisions for a readily available location for the excavation permit on site for the particular excavation. This information shall be delivered in writing prior to commencement of Work on the Project.

6. The bidder shall have all necessary licenses and permits to complete the

Project by the Completion Date. All licenses and permits must give the bidder authority to perform the Work including similar licensing for reference in the bidder’s State of origin. This includes any permits required by Whitfield County for pavement cuts.

7. If the Contract is awarded to the bidder, the bidder must obtain and maintain insurance coverage of the types and amounts set forth in the Construction Contract.

III. Site Examination and Sub-Surface Conditions:

The bidder is expected to examine the location of the Project and to inform itself fully as to the conformation of the ground; the character of equipment and facilities needed preliminary to, and during the performance of the Work; the general and local conditions; and all other matters that can in any way affect the Work to be done.

A sub-surface investigation has not been made on any portion of the work site by Dalton Utilities. As such, the amount of rock excavation and unsuitable materials is unknown. The bidder shall make its own analysis of the materials to be encountered and include prices for removal and replacement of these materials in its unit prices.

IV. Interpretation of Drawings and Specifications:

If any entity contemplating submitting a bid for the Project has any question as to the true meaning of any part of the Drawings, Specifications, or other Contract Documents, or as to the scope of any part of the Work, it shall submit to the Owner a written request for an interpretation thereof. The entity submitting the request will be responsible for its prompt delivery in ample time for an interpretation to be issued before the bid opening date. Questions must be received by 2:00 pm on Thursday, March 30, 2023. No questions will be answered within 72 hours of bid opening. Interpretations of the documents will be made only by addendum, and a

002113-4 copy of the addendum will be posted on the Owner’s website 72 hours prior to bid opening. The Owner will not be responsible for other interpretations of the documents. The bids shall be opened publicly, and evaluated by the Owner without discussion with the bidders.

V. Complete Work Required:

The Specifications, the Drawings, and all Contract Documents are essential parts of the Contract. Application requirements occurring in one are as binding as though occurring in all. All requirements are intended to be complementary, and to describe and provide for the complete Work.

VI. Pre-qualification Submittal:

1. The bidder shall provide Corporate experience including:

a.) The applicant has operated under the current corporate name for the last 4 years.

b.) Provide name, address, and telephone number of applicant’s corporate headquarters, relevant regional office(s) and subsidiaries, if any.

c.) Provide name, title and biographical summary of all corporate officers.

d.) The applicant has sufficient bonding capacity to provide performance and payment bonds, both in the amount of 100 % of the contract amount. Provide a statement of bonding capacity, bonding company, insurance agent contact persons, and telephone numbers.

e.) The applicant has access to adequate equipment to complete the project. Provide a list of major equipment proposed to perform the work and indicate whether owned or leased.

f.) The applicant has never failed to complete a project. Provide a statement that the applicant has never failed to complete a project.

If this is not the case, explain.

g.) The applicant has a history of completing projects consistently on time and within the bid amount. Contractor must provide a statement of any projects that were not completed on time.

Provide a statement that the applicant has not been involved in liquidated damages in the past 5 years or served the Owner with a claim for additional compensation prepared by an attorney or a claims consultant, excluding routing change order requests. If this is not the case, explain.

h.) The applicant has a history of not being involved in litigation against Owners or Engineering Firms. The applicant should provide a

002113-5 statement that they have not been involved in litigation as a plaintiff against the Owner or Engineering Firm in the past 5 years. If this is not the case, please explain.

i.) The applicant has available project management personnel with at least two years’ experience on projects with the technical characteristics listed in paragraph 2 below to complete the project.

Provide experience of proposed on-site project manager and/or field superintendent who would supervise and be in charge of the project.

Experience can be from a previous employment but must be pertinent to technical information listed in paragraph 2. If your firm is the successful bidder, at least one of these key personnel must be actively involved in the day-to-day operations of the Cleveland

Hwy Sewer Corridor Extension Project in Whitfield County, Georgia.

j.) List all other projects currently under contract, the current contract amounts, and scheduled completion dates k.) Contractor must provide OSHA Incident Rate for the past three (3) years.

2. The bidder shall provide Technical Experience including:

a.) Two wastewater force main projects of similar scale and technical difficulty of the Cleveland Hwy Corridor Sewer Extension Project.

b.) Projects must have been completed or started within the time frame of August 1, 2019 and August 1, 2024. Each of these projects must be complete or progressing on schedule as of August 1, 2024.

Dalton Utilities will consider experience performed as a sub-contractor, provided that these projects were completed ahead of schedule and under budget.

c.) Projects must be at least $350,000.00, or that portion of a sub-contracted project must have been equal to or greater than $350,000.00.

d.) Contractor must have previous experience with the installation of sewer force mains. List previous experience.

3. Provide the information specified below for each of the above projects:

a.) Name of the project as bid; name of Owner; name of engineering firm; name, position or title, address and telephone number of contact person currently employed by each of the above; percent of labor related items performed by the applicant’s own work force.

b.) A complete description of each project including linear footage of pipeline installed and associated diameters.

c.) The bid amount and final cost to the Owner, with an explanation of cost overrun, if any, including change orders.

002113-6 d.) The contract time as bid, actual time to complete project and completion date, with an explanation of time overrun, if any.

The applicant’s pre-qualification package should be signed by an officer of the company. Failure of the contractor to provide requested information or provide accurate information may result in contractor disqualification. No bid shall be opened unless the bidder has been approved by Dalton Utilities prior to the bid opening date. If the bid is submitted by a joint venture, all parties to the joint venture must individually satisfy the pre-qualification requirements. Final determination of the applicant’s qualification is the approval by Dalton Utilities.

The package must be received by the Owner not later than 5PM on Thursday, July

25, 2024. Applicants will be advised of their pre-qualification status by 5PM on Friday, July 25, 2023. This package shall be sent to the Owner at Dalton Utilities, 1200 V.D. Parrott Jr. Parkway, Dalton, Georgia 30721 Attention: Charlie Morrow

BID

004113

BID

Project Description: Cleveland Hwy Corridor Sewer Extension Project

Proposal of ________________________________________________________

(hereinafter called “Bidder”), To: The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, Georgia.

Gentlemen:

The Bidder, in compliance with your Advertisement for Bids for the construction of this project, having examined the Drawings and Specifications with related documents and the site of the proposed work and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, equipment, and supplies to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the price(s) stated below. This price(s) is to cover all expenses including overhead and profit incurred in performing the work required under the Contract Documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in written Notice to Proceed of the Owner and to fully complete the project within 100 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay, as liquidated damages, the sum of $ 1,000.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions.

Bidder acknowledges receipt of the following addenda:

Bidder agrees to perform all necessary work as described in the Specifications and shown on the Plans to complete the Project as specified, including all appurtenant and accessory work for the attached price(s).

The attached price(s) shall include all labor, materials, equipment, supplies, overhead, profit, insurance, etc., to cover the finished work of the several kinds for which are called.

Bidder understands that the Owner reserves the right to reject any or all Bids and to waive any informality in the bidding.

004113-2

Bid

The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving Bids.

Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the formal contract attached within twenty (20) calendar days and deliver surety bonds and certificate(s) of insurance as required by the Contract Documents. 10 percent of the total Bid is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

Respectfully submitted:

By_________________________________ Signature

Title________________________________

Business Address

ATTEST:

Name_____________________________ (Please Type)

Title______________________________ (SEAL)

Note: Attest for corporation secretary; for a partnership by another partner; for an individual By a Notary.

CLEVELAND HWY CORRIDOR SEWER EXTENSION PROJECT

Unit Total

Item No.

Approx.

Quantity Unit Description Price Price

1.) 7,000 LF Directional Bore with 6" HDPE w/Locate Wire (2 Strands) -$

2.) 30 EA 6" HDPE Fittings (90 bends, Tees, MJ Adaptors, etc) -$

3.) 2 EA

Install 2" Combination Air Valve Stations (includes precast manhole w/ ring and covers)

4.) 2 EA Tie To Existing Forcemain (To include 6" valve) -$

5.) 2 EA Install 6" dead end flush valve -$

6.) 2 EA Install 6" In-Line Valve -$

SUBTOTAL -$

ALLOWANCE ITEMS

1.) 100 LF Directional Drill in Rock (if rock is encoutered) -$

2.) 1 LS Contingency 25,000.00$ 25,000.00$

SUBTOTAL

TOTAL -$

Labor

NON-COLLUSION

AFFIDAVIT OF PRIME

BIDDER

004519

004519

Non-Collusion Affidavit of Prime Bidder

STATE OF GEORGIA COUNTY OF WHITFIELD

_____________ , being first duly sworn, deposes and says that:

He is _______ of ________________________, the Bidder that has submitted the attached

Bid;

He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

Such Bid is genuine and is not a collusive or sham Bid;

Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached

Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, of to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Board of Water, Light and

Sinking Funding Fund Commissioners of the City of Dalton or any person interested in the proposed Contract; and

The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this

Affiant.

(Signed) ___________________________ (Signature on File)

(Title)

Subscribed and Sworn to before me this ____ day of _________________, 2024.

_________________________ My Commission Expires:______________

(Signature on File) (Notary Public) (SEAL)

CORPORATE

CERTIFICATE

004543

004543

Corporate Certificate

CORPORATE CERTIFICATE

I, _____________________________________ certify that I am the Secretary of the corporation named as Contractor in the foregoing proposal; that ____________________

__________________________, who signed said proposal in behalf of the Contractor was then ____________________________ of said corporation; that said proposal was duly signed for and in behalf of said corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said corporation is organized under the laws of the State of _______________________ and its registered and in good standing with the ___________________________ Secretary of State.

This _______ day of __________________________, 2024.

(SEAL)

STATEMENT OF

LICENSE CERTIFICATE

004546

004546

Statement of License Certificate

STATEMENT OF LICENSE CERTIFICATE

Each Contractor bidding shall fill in and sign the following:

This is to certify that (“Contractor”) has fully complied with all the requirements of the Georgia State Construction Industry Licensing Board Laws and Rules. The Contractor’s license number, other information outlined in the

Instructions for Bidders, expiration date, and that part of classification applying to the bid shall appear on the envelope containing the Bid, otherwise the Bid will not be considered.

The Georgia State Construction Industry Licensing Board issued to the Contractor, Certificate No. , expires on .

Signed _______________________

Name _

Title

E-VERIFY

004549

004549-1

E-Verify Affidavit

Contractor Affidavit under O.C.G.A. §13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §13-10-

91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the Water, Light and Sinking Fund Commission of the City of Dalton, Georgia d/b/a

Dalton Utilities has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.C.A. §13-10-

91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______________, ___, 202___ in ________________ (city), ___________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ____ DAY OF____________, 202___.

NOTARY PUBLIC

My Commission Expires: _____________

004549-2

Subcontractor Affidavit under O.C.G.A. §13-10-91(b)(3)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. §13-

10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ______________________________ (name of contractor) on behalf of the Water, Light and Sinking Fund Commission of the City of Dalton, Georgia d/b/a Dalton Utilities has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in OC.G.A. §13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. §13-

10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor.

Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Name of Subcontractor

Executed on ___________, ___ 202___ in __________________ (city), ________ (state).

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ___ DAY OF__________, 202___.

My Commission Expires: _______________

004549-3

Sub-subcontractor Affidavit under O.C.GA. §13-l0-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A.

§13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for ___________________________________ (name of subcontractor or sub-subcontractor with whom such. sub-subcontractor has privity of contract) and

__________________________________________ (name of contractor) on behalf of the Water, Light and

Sinking Fund Commission of the City of Dalton, Georgia d/b/a Dalton Utilities has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in

O.C.G.A. §13-10-91. Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-subcontractor with the information required by O.C.G.A. §13-10-91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to

_________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to

_________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Sub-subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Name of Sub-subcontractor

Executed on ___________, _____, 202___ in __________________ (city), ______(state).

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE __ DAY OF___________,202___.

My Commission Expires: _____________

CONSTRUCTION

CONTRACT

005213

CONSTRUCTION CONTRACT

Cleveland Hwy Corridor Sewer Extension Project

This construction contract (“Contract”) is made and entered into on the _______ day of ______________, 2024, by and between THE BOARD OF WATER, LIGHT AND

SINKING FUND COMMISSIONERS OF THE CITY OF DALTON, D/B/A DALTON

UTILITIES, hereinafter called the “Owner” and , hereinafter called the “Contractor”.

WITNESSETH:

That for in consideration of the mutual covenants and agreements herein contained and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do agree as follows:

1. Definitions. As used in this Contract, the following terms are defined as follows:

A. “Contract Documents” mean and include the following (and all exhibits and amendments thereto):

(i) Advertisement for Bids;

(ii) Instructions to Bidders;

(iii) Contractor’s Bid;

(iv) Bid Bond;

(v) This Contract;

(vi) Payment Bond;

(vii) Performance Bond;

(viii) Notice of Award;

(ix) Notice to Proceed;

(x) Plans and Specifications;

(xi) Drawings; and

(xii) any and all Change Orders.

B. “Completion Date” means the date that the Contractor has completed all of its Work regarding the Project and all of the certifications and affidavits have been executed in compliance with the Contract Documents.

C. “Project” means Cleveland Hwy Corridor Sewer Extension Project, as previously described in the Contract Documents.

D. “Work” means all materials, supplies, tools, equipment, labor, installation, testing, and all other services necessary for the completion of the Project.

2. Performance of Work by Contractor. The Contractor shall perform all of the Work described in the Contract Documents and comply with the terms therein for the price set forth in the Notice of Award, as may be modified by Change Orders. All Work performed by the Contractor shall be subject to the inspection and approval of the Owner.

3. Changes from Plans and Specifications. Any and all changes from the Contract Plans and Specifications shall be approved by the Owner prior to any changes in the Work being

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Construction Contract performed. Any and all changes from the Contract Plans and Specifications that result in a change in the scope of work to be performed shall be approved by the Owner in writing by a written Change Order Form, executed by the Owner and Contractor prior to any changes in the Work being performed. For the purpose of this section, a change in the scope of the Work to be performed occurs whenever there is a change in the total price of the Contract or the scheduled Completion Date.

4. Time Period for Performance of Work. The Contractor will be required to complete all work for the project in 100 calendar days unless the time period is modified by a written Change Order that has been executed by the Owner and Contractor. In addition, the Contractor shall achieve completion dates as specified in the Contract Documents for specific tasks to be accomplished as part of the overall Project. Work shall begin on the date specified in the Notice to Proceed. The Contractor shall deploy labor, materials, and equipment such that Work is prosecuted regularly, diligently and uninterrupted, at a rate of progress that will ensure meeting all final or task specific completion dates.

5. Bonds.

A. Performance Bond. The Contractor shall provide a performance bond approved by the Owner in the amount of at least the total amount payable by the terms of this Contract and shall be increased as the total amount payable pursuant to this Contract is increased. The Contractor shall be required to maintain the performance bond in the amount of 100% of the total Contract price until the expiration of the warranty period.

B. Payment Bond. The Contractor shall provide a payment bond approved by the Owner in an amount equal to the total amount payable by the terms of this Contract as may be amended, for the use and protection of all subcontractors, and all persons supplying labor, materials, machinery, and equipment in the performance of this Contract.

6. Compliance with Laws, Regulations, and Contractor Requirements. The Contractor will comply with all applicable laws and with all the requirements of any and all federal, state, and local authorities having jurisdiction over said Work or any matters connected therewith. Contractor will also comply with all requirements contained in General Requirements and Conditions of the Plans and Specifications.

7. Payment for Work Performed. The owner will pay only for Work completed in accordance with the unit prices detailed in the bid and as otherwise herein stated. The Contractor shall submit invoices not later than the tenth day of each month to the Owner for the Work completed during the preceding month and will attach to such invoices a detailed summary of the Work completed during the preceding month and the Contract period to date in a format prescribed by the Owner at the pre-construction meeting. Should the Owner not prescribe a format, the Contractor shall present the Owner with a format for review and approval prior to the first invoice being submitted. In preparing invoices, materials not subject to deterioration delivered on the Project site will be taken into consideration for inclusion in the payment request. The stored materials list must include

005213-3 a brief description (not just manufacturer’s name), invoice, material received during the period, and material used during the period. The eligible cost for on-site material included in the payment shall be the amount of the manufacturer invoice reduced by ten percent (10%) of the amount. All material and Work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and Work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract.

Within 30 days after the receipt and approval of the invoices, the Owner will pay the Contractor for the Work covered by said invoices and completed in accordance with this Contract less any applicable retainage as discussed below in Section 8.

8. Retainage. The Owner shall retain a maximum of ten percent (10%) of each progress payment described in Section 7 of this Agreement. However, the Owner shall not, except as set forth hereinafter, withhold any additional retainage when fifty percent (50%) of the total Contract price, including Change Orders and other additions to the Contract, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the Owner. If after discontinuing the retention, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, the Owner may resume retention at the previous retention percentage level.

9. Non-Exclusivity. It is understood and agreed that this Agreement is not exclusive and that the Owner shall have the right to employ other persons or entities to perform work for it similar to that herein provided for and shall also have the right to perform such work for itself.

10. Warranty. The Contractor warrants and guarantees for a period of one (1) year from the Completion Date that the Contractor’s Work is free from any and all defects. The Contractor shall promptly make all repairs or other corrections necessary as a result of said defects, including repairs to any other portion of the Project that are necessitated by said defects. If the Contractor fails to promptly make such repairs or corrections, the Owner may make, or contract with a third party to make, said repairs or corrections, and charge the Contractor the cost incurred by the Owner. The Contractor’s Performance Bond shall remain in full force and effect during the warranty period. This Section shall survive the termination of this Agreement.

11. Insurance: The Contractor shall provide to the Owner proof and scope of insurance coverage in the form of a certificate of insurance currently in force. The Contractor shall maintain said insurance coverage during the entire time period of the Contractor’s performance of this Contract and warranty period. The certificate of insurance must list The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, Georgia d/b/a Dalton Utilities and the City of Dalton as an additional named insured. The insurance shall not be cancelled or materially altered unless at least 30 days prior written notice has been given to the Owner. This coverage must include but is not limited to:

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A. Worker’s Compensation Insurance: Worker’s Compensation for every person engaged in any work on the Project.

B. General Liability: Comprehensive General Liability for products and completed operations shall be XC, U, and the ISO Broadform General Liability endorsement or its equivalent. This coverage shall include:

1. Bodily Injury Insurance in an amount not less than $1,000,000 for bodily injury, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $2,000,000 on account of one accident.

2. Property Damage Insurance in an amount not less than $1,000,000 for any one damage claim, and in an aggregate amount up to $2,000,000 during a period of 12 months.

3. Automobile Liability including bodily injury and property damage of aforesaid amount.

4. Owner’s Protective Liability Insurance to be issued in the name of the Owner for liability and property damage in an amount to be determined by the owner.

5. Umbrella Policy to provide for increase in coverage of basic policies to an amount not less than $5,000,000.

6. Builder’s Risk or Installation Floater Insurance for fire and increase of coverage in the amount at all times at least equal to the amount paid on account of work and materials to be set up in the names of Owner and Contractor as their interest may appear.

12. Indemnification: The Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses including claims for consultants’ and attorneys’ fees, arising out of or resulting from the failure to perform the Work in a good and workmanlike manner by the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable.

In any and all claims against the Owner, or any of its 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 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 benefits acts.

13. Termination of Contract. In the event the Contractor shall violate any of the provisions of this Contract or any of the other Contract Documents, or if the quality or quantity of the Work performed is, in the sole judgment of the Owner, substandard or unsatisfactory, the Owner shall have the right to terminate this Contract upon 10 days written notice to the

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Contractor. If this Contract is terminated by the Owner pursuant to the provisions of this Section, Contractor shall be responsible for payment of all damages incurred by the Owner as a result of said termination, including but not limited to the cost of completing the Work on the Project.

14. Other Remedies. If the Contractor defaults under any of the provisions of the Contract Documents, the Owner shall be entitled to pursue all remedies permitted by law, including but not limited to those remedies set forth elsewhere in the Contract Documents. All remedies of the Owner are cumulative and non-exclusive.

15. Liquidated Damages for Delay in Completion of Project. The Contractor shall proceed with the Work at a rate of progress that will insure completion of the Project by the Completion Date. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for Project completion described is a reasonable time, taking into consideration the average climatic and economic conditions, and other factors prevailing in the locality of the Project. It is further agreed that time is of the essence of each and every portion of this Project.

If the Contractor shall fail to complete all of the Work required by the Completion Date, or extended time if authorized by a Change Order, then the Contractor shall pay to the Owner the full amount of liquidated damages of $ 1,000.00 for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. The Contractor acknowledges that the actual dollar amount of liquidated damages is difficult to determine, but the dollar amount of liquidated damages set forth above is a reasonable estimate of said damages incurred by the Owner.

The Contractor shall not be charged with liquidated damages or any excess cost when the delay in the completion of the Work is due to the following and the Contractor has promptly given written notice of such delay to the Owner (and Engineer if there is an Engineer on the Project):

A. To any preference, priority or allocation order duly issued by the Owner.

B. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and, C. To any delays of subcontractors occasioned by any of the causes specified in paragraphs A and B above.

16. Approval of Subcontractors. The Contractor acknowledges and agrees that any person, firm or other party to whom it is proposed to award a subcontract under this Contract must be approved in writing by the Owner prior to the subcontractor performing any work on the Project.

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17. Entire Agreement. This Contract and the Contract Documents constitute the entire agreement between the parties hereto with respect to its subject matter and there are no representations, warranties, agreements, undertakings or conditions, express or implied, except as set forth herein. In the event of any conflict between the provisions of the Contract and the other Contract Documents, the provisions of the Contract control.

18. Modification to Agreement. This Contract may not be amended, supplemented or otherwise modified except by written instrument signed by each of the parties hereto.

19. Notices. Any notices or other communications required or permitted to be given and instruments referred to herein must be given in writing and personally delivered or mailed by prepaid certified mail to the following addresses:

If to Owner: Dalton Utilities Attn: CEO PO Box 869 1200 V.D. Parrott, Jr. Parkway Dalton, Georgia 30722

If to Contractor: (Insert)

Any such notice or other communication shall be deemed to have been given (whether actually received or not) on the day it is mailed (postmarked) or personally delivered as aforesaid. Any party may change its address for purposes of this Contract by giving notice of said change to the other parties pursuant to this Section.

20. Non-Waiver. No delay or failure by either party to exercise any right under this Contract, and no partial or single exercise of that right shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.

21. Severability. Every provision of this Contract is intended to be severable, and, if any term or provision is determined to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Contract.

22. Governing Law. This Contract shall be deemed to have entered into in and shall be construed in accordance with and governed by the laws of the State of Georgia.

23. Binding Effect. The provisions of this Contract shall be binding upon and shall insure to the benefit of each of the parties hereto and their respective and permitted successors and assigns.

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24. Time is of the Essence. Time is of the essence of each and every provision of this Contract.

25. No Third-Party Beneficiaries. Except as may be otherwise expressly provided in this Contract, nothing contained herein, express or implied, is intended to, nor shall it (1) confer on any entity other than the parties hereto and their respective and permitted, successors and assigns, any rights, remedies, obligations under or by reason of this Contract.

26. Captions. The sections and captions contained herein are for convenience and reference only, and are not intended to define, extend, extend, or limit any provision of this Contract.

27. Confidentiality. To the extent not prohibited by law, the Contractor shall keep confidential the terms of the Contract Documents.

28. Assignment. This Contract may not be assigned by the Contractor without the prior written consent of the Owner.

29. No partnership. This Contract shall not be interpreted or construed to create an association, joint venture, partnership, or employer-employee relationship between the Parties, nor to impose any such obligations or liability on either party. Furthermore, neither party shall have nay right, power, or authority to enter into any agreement or undertaking for or on behalf of, to act as, or be an agent or representative of, or to otherwise bind the other party.

30. Counterparts.