SPECIFICATIONS

AND

CONTRACT DOCUMENTS

HAMPTON COURT

SIDEWALK ADDITIONS

FOR THE

CITY OF PERRY, GEORGIA

Bid Number 2022-02 June 2, 2022

104 C Gunn Road

Centerville, GA 31028 Phone: (478) 953-1228

Fax: (478) 953-1248 SEC Project#: 1194

Hampton Court Sidewalk Additions SEC Project No.: 1194 City of Perry June, 2022

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TABLE OF CONTENTS

CONTRACT DOCUMENTS

Advertisement for Bids ...................................................................................................... AB-1

Instructions to Bidders ......................................................................................................... IB-1

Bid Form ............................................................................................................................ BF-1

Bid Bond ........................................................................................................................... BB-1

Georgia Security and Immigration Compliance Act Affidavit…………………….GSIC-1

Agreement ............................................................................................................................. A-1

Performance Bond .............................................................................................................. PB-1

Payment Bond ................................................................................................................. PmB-1

Certificate of Owner's Attorney ...................................................................................... COA-1

General Conditions……………………………………………………………………GC-1

Special Conditions…………………………………………………………………….SC-1

AB-1

Sealed Bids: Sealed bids for Hampton Court Sidewalk Additions for the City of Perry will be received until 10:00 AM, July 6, 2022, at the Perry City Hall Building, 1211 Washington Street, Perry, Georgia 31069, at which time and place they will be publicly opened and read. No bid may be withdrawn after the closing time for the receipt of bids for a period of sixty (60) days.

E-Verify Requirement: All bidders shall provide their signed E-Verify affidavit with their bid.

Bids will not be considered without the Contractor affidavit. The successful bidder is responsible for obtaining a signed E-verify affidavit from their Subcontractors and Sub-subcontractors.

Work to be Done: The work to be done shall consist of furnishing all labor, equipment and materials necessary to add sidewalks and lighting for the City of Perry as shown on the plans.

Plans, Specifications, and Contract Documents: Plans, Specifications, and Contract Documents are on file at Perry City Hall, Purchasing Department. Copies may be obtained from Saunders Engineering Consultants, Inc., 104-C Gunn Road, Centerville, Georgia, 31028, Phone Number (478) 953-1228, Fax Number (478) 953-1248, upon payment of $150.00 for each set (non-refundable).

Bonds: All bid bonds must be accompanied by a Bid Bond in an amount of not less than five percent (5%) of the bid amount. The successful bidder, if awarded the Contract, will be required to furnish a Performance Bond in the amount of one hundred percent (100%) of the Contract amount and a Payment Bond in the amount of one hundred percent (100%) of the Contract amount.

This project will adhere to Georgia local Government Public Works construction law Ch. 91 Title 36.

The Owner reserves the right to reject any or all bids, to waive informalities, and to re-advertise.

City of Perry

By: Mayor Randall Walker

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INSTRUCTIONS TO BIDDERS

INDEX

Defined Terms ...................................................................................................................... IB-2

Copies of Bidding Documents ............................................................................................. IB-2

Qualifications of Bidders ..................................................................................................... IB-2

Examination of Contract Documents and Site .................................................................... IB-2

Interpretations and Addenda ................................................................................................ IB-3

Bid Security .......................................................................................................................... IB-4

Contract Time....................................................................................................................... IB-4

Liquidated Damages ............................................................................................................ IB-4

Substitute or “Or Equal” Items ............................................................................................ IB-4

Subcontractors, Suppliers and Others .................................................................................. IB-5

Bid Form .............................................................................................................................. IB-5

Submission of Bids .............................................................................................................. IB-6

Opening of Bids ................................................................................................................... IB-6

Bid to Remain Subject To Acceptance ................................................................................ IB-6

Award of Contract ................................................................................................................ IB-6

Contract Security .................................................................................................................. IB-7

Signing of Agreement .......................................................................................................... IB-7

Non-Segregated Facilities .................................................................................................... IB-7

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INSTRUCTIONS TO BIDDERS

The GDOT Standard Specifications will be used to administer and construct this project. If there is a conflict between the bid documents and the Georgia DOT Standard Specifications, the conflict will be resolved in favor of the Georgia DOT Standard Specifications

1. DEFINED TERMS.

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2. COPIES OF BIDDING DOCUMENTS.

Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from Engineer.

Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

4.1 Bidders shall meet qualifications set forth in Section 102 of the Georgia Department of Transportation specifications.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

5.2 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which

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may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

5.3 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

5.4 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

5.5 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. INTERPRETATIONS AND ADDENDA.

6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

6. BID SECURITY

7.1. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of the GDOT Standard Specifications. Any other form used shall be considered nonresponsive and the bid will be rejected.

7.2. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid

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security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidder will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

7. CONTRACT TIME.

The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment are set forth in the Bid Form and the Agreement. The Successful Bidder has fifteen days after the Notice of Award to execute and deliver the Agreement and furnish the required contract security to the Owner.

8. LIQUIDATED DAMAGES.

Provisions for liquidated damages are outlined in Section 108.08 of the Georgia Department of Transportation Standard Specifications.

9. SUBSTITUTE OR "OR-EQUAL" ITEMS.

Whenever a material, article or piece of equipment ifs identified on the plans or in the specifications by reference to manufacturer's or vendor's names, trade names, catalogue numbers, etc., it is intended to establish a standard; and if an equal can perform adequately the duties imposed by the general design, it will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. "or Equal" equipment, as offered by the Bidder, may be written into the Bid Data as a Substitute. Submittals on proposed "Or Equal" equipment by the Bidder shall be required for review by the Engineer and Owner as provided in paragraph 4 of the Supplementary Conditions.

10. SUBCONTRACTORS, SUPPLIERS AND OTHERS.

11.1. If the GDOT Standard Specifications, latest edition require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification of each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, Owner may award the

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contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement.

11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

11. BID FORM.

11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office).

11.2. All blanks on the Bid Form must be completed in ink or by typewriter.

11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

11.5. All names must be typed or printed below the signature.

11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

11.7. The address and telephone number for communications regarding the Bid must be shown.

11.8. All bidders shall provide their signed E-Verify affidavit with their bid. Bids will not be considered without the Contractor affidavit.

12. SUBMISSION OF BIDS.

Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title, Bid Number, (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address and Utility Contractor’s license number of the Bidder. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

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13. OPENING OF BIDS.

Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

14. BIDS TO REMAIN SUBJECT TO ACCEPTANCE.

All bids will remain subject to acceptance for forty-five days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

15. AWARD OF CONTRACT.

16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

16.5 If the contract is awarded, it will be awarded to the lowest Bidder whose proposal shall have met all the prescribed requirements.

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16.6 If the contract is awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the Bid opening.

16. CONTRACT SECURITY.

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

17. SIGNING OF AGREEMENT.

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor.

18. NON-SEGREGATED FACILITIES.

Bidders must certify that they do not and will not, maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed or national origin.

19. FEDERAL AID CERTIFICATION

The Contractor shall become familiar with and complete the Federal Aid Certification. The Contractor shall submit the Federal Aid Certification with his bid.

20. The law of the state of Georgia shall govern the construction of this contract. The courts of

Houston County, Georgia shall have exclusive jurisdiction to try disputes arising under or by virtue of this contract.

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BID BOND

STATE OF GEORGIA

COUNTY OF HOUSTON

KNOW ALL MEN BY THESE PRESENTS, that we, ________________________________, as

Principal, and _____, as Surety, are held and firmly bound unto the

________________________________ for the sum of ______________________________

Dollars ($______________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted to the Owner a Proposal for construction of Hampton Court Sidewalk Additions

NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the Principal shall within ten days after receipt of conformed contract documents execute a contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Owner and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to the Owner, each in an amount of one hundred percent (100%) of the total contract price, in form and with security satisfactory to the Owner, or in the event of the failure of the Contractor to execute and deliver the Contract Agreement and give said Performance and Payment Bonds, the Contractor shall pay the Owner the difference not to exceed the penalty hereof between the amount specified in said Proposal and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said Proposal, and execute the Special Assurances form, then this obligation shall be void; otherwise, it shall 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 the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36-10-1 et seq and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

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IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of , 20__.

PRINCIPAL: ___________________________________________________________________

Signed and sealed in By: _________________________________ the presence of

1. __________________________________ Title: _______________________________

2. __________________________________

SURETY: ______________________________________________________________________

Signed and sealed in By: _________________________________ the presence of:

1. __________________________________ Title: _______________________________

2. _________________________________

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BID FORM

PROJECT IDENTIFICATION:

Hampton Court Sidewalk Additions

THIS BID IS SUBMITTED TO:

City of Perry, Georgia

THIS BID IS SUBMITTED FROM:

The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening.

BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER's Notice of Award.

In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date Number

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BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph

4.2 of the General Conditions, and accepts the determination set forth in paragraph 5 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely.

BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes.

BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.

BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER.

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with an agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER.

BIDDER agrees to commence work under this Agreement on or before a date to be specified in a written "Notice to Proceed" of the OWNER and to fully complete the work within 180 consecutive calendar days from the "Notice to Proceed" date.

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BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time.

Item Qty Unit Description Unit Cost

Total Cost

Crossroads Park Bid Items 1 1 Lump 150-1000 Traffic Control 2 660 Lin Ft 171-0010 Temporary Silt Fence, TP A 3 2 Each 163-0550 Const & Rem. Inlet Sediment Trap 4 1 Lump 210-0100 Grading Complete

5 700 SY 441-0104 Concrete Sidewalk, 4In (w/ Brick Accent)

6 Lin Ft 550-1150 Storm Drain Pipe, 15", H1-10

7 8 Lin Ft 550-1180 Storm Drain Pipe, 18", H1-10

8 9 SF

636-1033 Highway Signs, TP 1 Matl, Refl Sheeting, TP

9 30 Lin Ft 636-2070 Galv Steel Posts, TP 7 10 1 Each 668-2100 Drop Inlet, GP 1 11 1 Each 668-4300 Storm Drain Manhole, TP1 12 170 Lin Ft 653-1804 Thermoplastic Solid Traf Stripe, 8 IN, White 13 1 Lump 700-6910 Permanent Grassing (0.25 AC) 14 1 Lump Lighting 15 120 Lin Ft Conc Block Retaining Wall 16 1 Each Relocate Existing Water Vault

TOTAL AMOUNT BID: $ __________________

Bidder agrees to furnish materials and equipment and to perform all labor necessary for the construction of Hampton Court Sidewalk Additions for the City of Perry, Georgia, for the sum of ____________________________ Dollars ($_____________________).

The above unit and lump sum prices shown shall include all labor, materials, bailing, shoring removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding.

BIDDER furthermore agrees that, in the case of a failure on his part to execute the Contract Agreement and Bonds within fifteen days after receipt of conformed contract documents for execution, the Bid Bond accompanying his bid and the monies payable thereon shall be paid into the funds of the OWNER as liquidated damages for such failures.

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The following documents are attached to and made a condition of this Bid:

a. Required Bid Bond for the sum of Dollars ($ ) according to the conditions of “Instructions to Bidders.”

b. Bid Data submitted by BIDDER that indicates standard specifications, details or drawings with any deviation from the specifications indicated.

SUBMITTED on ________________________________, 20__.

BIDDER: ________________________________

By: ____________________

Title: ____________________

Address: _____________________

Phone: _____________________

Seal: (if bid by a Corporation)

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CERTIFICATION OF NONSEGREGATED FACILITIES

(To be completed and submitted with Bid)

Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in his files.

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. & 1001.

Date: ___ , 20 ___ _____________________________ (Name of Bidder)

Official Address:

BY: __________________________

TITLE:_________________________

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GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contract No. and Name: Hampton Court Sidewalk Additions

Contractor’s Name: ___________________________________________

STATE OF GEORGIA CONTRACTOR AFFIDAVIT

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 contracting with the Georgia Department of Transportation has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10 91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the Georgia Department of Transportation, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation at the time the subcontractor(s) is retained to perform such service.

EEV / E-Verify

TM

User Identification Number Date of Authorization

BY: Authorized Officer or Agent Date (Contractor Name) Date

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND

SWORN BEFORE ME ON

THIS THE

_____ DAY OF ______________________, 201_

________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ *any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603

Revised 8/25/10

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AGREEMENT

THIS AGREEMENT is dated as of the ____ day of ___________ in the year 20____, by and between the City of Perry (hereinafter called OWNER) and _____________________ (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows: Hampton Court Sidewalk Additions

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Hampton Court Sidewalk Additions

Article 2. ENGINEER.

The Project has been designed by Saunders Engineering Consultants, Inc. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract

Article 3. CONTRACT TIME.

3.1. CONTRACTOR agrees to commence Work under this Agreement on or before a date to be specified on a written "Notice to Proceed" of the OWNER and to fully complete the Work within 180 consecutive calendar days from the "Notice to Proceed" date.

3.2. Liquidated Damages. Shall be in accordance with Section 108.08 of the Georgia

Department of Transportation Standard Specification, latest Edition

Article 4. CONTRACT PRICE.

4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current as follows: $________________

Article 5. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

The retainage shall be an amount equal to 10% of Contractor’s partial pay estimate until 100% of the work has been completed. Upon substantial completion of the work, any amount retained may be paid to the Contractor. When the work has been substantially completed except for Work which cannot be completed because of weather conditions, lack

A-4 of materials of other reasons which in the judgment of the Owner are valid reasons for noncompletion, the Owner may make additional payments, retaining at all times an amount sufficient to cover twice the estimated cost of the Work still to be completed.

Article 6. CONTRACTOR'S REPRESENTATIONS.

In order in induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract

Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

6.2. CONTRACTOR has reviewed all information and data shown or indicated on the

Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for verifying the accurate locations of said Underground Facilities. CONTRACTOR assumes responsibility for coordination of the work with the Owners of such underground facilities during construction as provided for in the General Conditions.

6.3. CONTRACTOR has correlated the results of all such observations, examinations, and investigations, with the terms and conditions of the Contract Documents.

6.4. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

Article 7. CONTRACT DOCUMENTS.

7.1. This Agreement

7.2. Exhibits to this Agreement

7.3. Performance and other Bonds

7.4. Notice of Award

7.5. General Conditions

7.6. Supplementary Conditions

7.7. Georgia Department of Transportation Standard Specifications, Latest Edition

7.8. Drawings, consisting of a cover sheet and sheets numbered 1 through 9, inclusive with each sheet bearing the following general title: Hampton Court Sidewalk Additions

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7.9 Addenda numbers - to - ,inclusive.

7.10 CONTRACTOR's Bid

7.11 Documentation submitted by CONTRACTOR prior to Notice of Award.

7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and

3.5 of the General Conditions.

7.13 The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and

3.5 of the General Conditions.

Article 8. MISCELLANEOUS

8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

8.2. No assignment by a party hereto of any rights under or interests in the Contract

Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract

8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

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IN WITNESS WHEREOF OWNER and CONTRACTOR have signed this Agreement in quadruplet. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on ____________________________, 20_____.

OWNER: CONTRACTOR:

City of Perry, Georgia ___________________________________

By ________________________________ BY ________________________________

[CORPORATE SEAL] [CORPORATE SEAL]

Attest ______________________________ Attest ______________________________

Address for giving notices Address for giving notices

1211 Washington Street _______________________ P.O. Box 2030 _______________________ City of Perry, Georgia 31069

(If OWNER is a public body, attach License No. __________________ evidence of authority to sign and resolution or other documents Agent for services of process:

authorizing execution of Agreement.)

(If CONTRACTOR is a corporation, attach evidence of authority to sign.)

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PERFORMANCE BOND

COUNTY OF Houston

KNOW ALL MEN BY THESE PRESENTS, that we, ______________________ as Principal (hereinafter known as "CONTRACTOR"), and we,__________________, as Surety, do hereby acknowledge ourselves indebted and firmly bound and held unto the City of Perry for the use and benefit of those entitled thereto, in the sum of _____________________________ Dollars ($________________) for the payment of which well and truly to be made, in lawful money of the United States, we do hereby bind ourselves, successors, assigns, heirs, and personal representatives.

BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS:

WHEREAS, the OWNER has engaged the said CONTRACTOR for the sum of ________________________________ Dollars ($_________) for Hampton Court Sidewalk Additions as more fully appears in a written Agreement bearing the date of ____________, 20_____, a copy of which Agreement is by reference hereby made a part hereof.

NOW, THEREFORE, if said Contractor shall fully and faithfully perform all the undertakings and obligations under the said agreement or contract hereinbefore referred to and shall fully indemnify and save harmless the said OWNER from all costs and damage whatsoever which it may suffer by reason of any failure on the part of said CONTRACTOR to do so, and shall fully reimburse and repay the said default, and shall guarantee all products and workmanship against defects for a period of one year, then this obligation or bond shall be null and void, otherwise, it shall remain in full force and effect.

And for value received it is hereby stipulated and agreed that no change, extension of time, alteration or addition to the terms of the said Agreement or Contract or in the work to be performed thereunder, or the Specifications accompanying the same shall in any way affect the obligations under the obligation or bond, and notice is hereby waived of any such damage, extension of time, alteration or addition to the terms of the Agreement or Contract or to the work or to the Specifications.

This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36-10-1 et esq and 36-82-100 et esq and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

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IN WITNESS WHEREOF, the said CONTRACTOR has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this _____ day of _____________, 20____. Executed in 4 counterparts.

CONTRACTOR: ________________________________________________________________

Signed and sealed in By: ____________________________________ the presence of:

1. _______________________________ Title: ____________________________________

2. _______________________________ (SEAL)

SURETY: _____________________________________________________________________

Signed and sealed in By: ____________________________________ the presence of:

APPROVED AS TO FORM

By: _____________________________ Attorney for the Owner

NOTE: Date of bond must not be prior to date of contract. If CONTRACTOR is a

PARTNERSHIP, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasure Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

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PAYMENT BOND

COUNTY OF Houston

KNOW ALL MEN BY THESE PRESENTS, that we, __________________, as Principal (hereinafter known as "CONTRACTOR"), and we,_____________________, as Surety, do hereby acknowledge ourselves indebted and firmly bound and held unto the City of Perry for the use and benefit of those entitled thereto, in the sum of _________________________________Dollars ($_______________) for the payment of which well and truly to be made, in lawful money of the United States, we do hereby bind ourselves, successors, assigns, heirs, and personal representatives.

BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS:

WHEREAS, the OWNER has engaged the said CONTRACTOR for the sum of _______________________________ Dollars ($ ____________ ) for construction of the Hampton Court Sidewalk Additions as more fully appears in a written Agreement bearing the date of ___________, 20__, a copy of which Agreement is by reference hereby made a part hereof.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said CONTRACTOR and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contractor and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain if full force and effect.

HOWEVER, this bond is subject to the following conditions and limitations:

(a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the CONTRACTOR and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the County in which the work provided for in said Contract is to be performed or in any county in which Contractor or Surety does business. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said CONTRACTOR or Surety or either of them (but not later than one year after the final settlement or said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon.

(b) The Principal and Surety hereby designate and appoint the _____________________, as the agent of each them to receive and accept service of process or other pleading

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(c) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or preceding thereon that is instituted later than one year after the final settlement of said Contract.

(d) This bond is given pursuant to and in accordance with provisions of O.C.G.A. Section

13-10-1 et seq and 36-82-100 et seq and all the provisions of law referring to this character of bond as set forth in said sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF, the said CONTRACTOR has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of _______, 20____. Executed in 4 counterparts.

CONTRACTOR: ________________________________________________________________

Signed and sealed in By: _____________________________________ the presence of:

SURETY: _____________________________________________________________________

Signed and sealed in By: ___________________________________ the presence of:

1. ______________________________ Title: ____________________________________

2. ______________________________ (SEAL)

APPROVED AS TO FORM

By: _____________________________ Attorney for the Owner

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NOTE: Date of bond must…