Hwy 257 Water Main _PROJECT MANUAL.pdf

CONTRACT DOCUMENTS

HIGHWAY 257 RAIL SERVED SITE

WATER DISTRIBUTION SYSTEM

for

CITY OF DUBLIN AND COUNTY OF LAURENS

DEVELOPMENT AUTHORITY

JULY, 2024

Prepared by:

TABLE OF CONTENTS

PAGE

NUMBERS

PART I - BIDDING REQUIREMENTS

00001 Invitation/Advertisement for Bids 3 Pages

00002 Instructions and Information to Bidders 4 Pages

00003 Bid Proposal 4 Pages

00004 Noncollusion Affidavit 1 Page

PART II - CONTRACT FORMS

00005 Contract Form 3 Pages

00006 Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) 1 Page

00007 Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) 1 Page

00008 Payment Bond 3 Pages

00009 Performance Bond 3 Pages

PART III - SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

00700 General Conditions 77 Pages

01002 Special Conditions 01002-1 thru 01002-16

01150 Measurement and Payment 01150-1 thru 01150-2

DIVISION 2 - SITE WORK

02200 Excavation, Filling, and Grading 02200-1 thru 02200-6

02210 Erosion Control 02210-1 thru 02210-2

02221 Excavation, Trenching, & Backfill for Utility Systems 02221-1 thru 02221-14

02310 Boring and Jacking 02310-1 thru 02310-2

02480 Grassing and Sodding 02480-1 thru 02480-4

02700 Water Distribution System 02700-1 thru 02700-16

CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY

INVITATION TO BID

Sealed bids for improvements to the City of Dublin and County of Laurens Development Authority

“Highway 257 Rail Served Site Water Distribution System” project (the “Project”) in Dublin, Georgia, will be received by the City of Dublin and County of Laurens Development Authority

(“DLCDA”), at its office, 1200 Bellevue Avenue, Dublin, Georgia 31021, until 3:00 pm, local time, on August 15, 2024.

This Invitation to Bid is issued pursuant to and is subject to the Georgia Local Government Public

Works Construction Law, O.C.G.A. § 36-91-1 et seq. (the “Construction Law”), and bidders must comply with all requirements of the Construction Law. Any capitalized terms used but not defined herein but which are defined in the Construction Law or the below-referenced Bidding

Documents shall have the same meaning herein as therein.

All bids must be submitted in a sealed envelope addressed to Ryan Waldrep at 1200 Bellevue

Avenue, Dublin, Georgia 31021. Electronic and facsimile submission will not be accepted. Bids received after 3:00 pm local time on August 15, 2024, will not be considered. Each sealed envelope containing a bid must be plainly marked on the outside as “Bid for City of Dublin and

County of Laurens Development Authority Highway 257 Rail Served Site Water Distribution

System Project” and must include the bidder’s name, address and contact information. All bids must be on the required bid form.

Bids will be opened publicly at 3:00 pm local time on August 15, 2024, at the office of DLCDA, 1200 Bellevue Avenue, Dublin, Georgia. DLCDA will award the bid by 11:59 p.m. local time on

August 30, 2024.

The contract, if awarded, will be awarded to the lowest responsive, responsible bidder. If the bid from the lowest responsive, responsible bidder is more than the Project budget, DLCDA may negotiate with that bidder to obtain a price within budget.

The successful bidder will be required to pay sales and use tax on materials purchased or used on this project. Bidders must comply with O.C.G.A. Sec. 43-14-8.2 regarding a Georgia utility contractor’s license to the extent such license is required to perform the contract.

No bidder may withdraw his bid for a period of 60 days after the date of the bid opening. DLCDA reserves the right to reject all bids or any bid that is non-responsive or not responsible, to waive technicalities or informalities, and to issue change orders altering the original scope of work to address changes or unforeseen conditions necessary for the Project completion.

A bid bond in the amount of five percent (5%) of the bid must accompany each bid in accordance with the Instructions to Bidders. A payment and performance bond, each in an amount equal to

100% of the Contract Price, shall be required of the successful bidder. Each bond shall be in the form prescribed by the Bidding Documents and shall be accompanied by a “Power of Attorney” authorizing the attorney-in-fact to bind the surety and certified to include the date of the bond. The surety must be authorized to do business in Georgia by the Commissioner of Insurance.

The Project work is defined by the Bidding Documents and includes but is not limited to the following: Water system infrastructure to serve the industrial site known as the Highway 257 Rail

Served Site. The Work includes installation of approximately 2,050 linear feet of 16” water main with two (2) jack and bore crossings of State Route 257. Although shown in the Plans, no roadway, sanitary sewer, stormwater drainage, or significant grading will be included.

These terms and conditions apply to this Invitation to Bid:

1. All responses and supporting materials as well as correspondence relating to this Invitation to Bid will become property of the DLCDA when received. All expenses for preparing and submitting responses are the sole cost of the party submitting the response. DLCDA is not obligated to any party to reimburse such expenses. Labeling information provided in submittals “proprietary” or

“confidential” or any other designation of restricted use will not protect the information from public view. Submittals are subject to the provisions of the Georgia “Open Records Act,” O.C.G.A.

§50-18-70, et seq.

2. All applicable Federal and State of Georgia laws, City of Dublin and Laurens County ordinances, and license requirements and regulations of all agencies having jurisdiction shall apply to the bidders throughout and are incorporated herein.

3. Any person or entity that (i) is in arrears to Dublin or Laurens County with respect to any debt, or

(ii) is in default with respect to any obligation to DLCDA, is considered, without limitation, to be not responsible and no bid shall be accepted from, and no contract will be awarded to, any such person or entity.

4. Pursuant to O.C.G.A. §13-10-91, qualifying contractors and subcontractors performing work within the State of Georgia on a contract with DLCDA must register and participate in a federal work authorization program. A certification form verifying participation in such a program will be required of all bidders in addition to the S.A.V.E. Program Affidavit required by DLCDA in compliance with O.C.G.A. §50-36-1. A non-collusion affidavit must be completed and submitted with the bid.

5. All contracts are subject to Federal, State, and local contract provisions; locally owned firms, small businesses and minority-owned businesses are encouraged to respond.

A mandatory pre-bid meeting will be held at the DLCDA office located at 1200 Bellevue

Avenue, Dublin, Georgia, on August 5, 2024, at 11:00 a.m. local time. All prime bidders wishing to submit bids are required to have a representative in attendance. For subcontractors, attendance at the pre-bid meeting is recommended.

The Issuing Office for the Bidding Documents is:

Hussey Gay Bell

Attention: Evan Bennett

329 Commercial Drive

Savannah, GA 31406 ebennett@husseygaybell.com

Prospective bidders may obtain or examine the Bidding Documents at the Issuing Office on mailto:ebennett@husseygaybell.com

Monday through Friday between the hours of 8:00 AM and 5:00 PM local time and may obtain copies of the Bidding Documents from the Issuing Office as described below.

1. Electronic copies of the Bidding Documents may be obtained at no charge from the Issuing

Office by sending an email request to Hussey Gay Bell at ebennett@husseygaybell.com.

2. Printed copies of the Bidding Documents may be obtained from the Issuing Office by paying a nonrefundable amount of $150.00 for each set.

3. All questions should be submitted to the Issuing Office by email to ebennett@husseygaybell.com.

The conditions and requirements of bidding on this Project are summarized in this Invitation to

Bid, but this Invitation to Bid is qualified in its entirety by the complete package of Bidding

Documents.

INSTRUCTION AND INFORMATION FOR BIDDERS

1. BASIS OF CONTRACT:

See Invitation/Advertisement for Bids and proposal form.

2. BID SECURITY:

See Invitation/Advertisement for Bids and proposal form.

3. UTILITY CONTRACTOR'S LICENSE:

In accordance with Chapter 14 of Title 43 of the Official Code of Georgia, Annotated, all contractors wishing to bid on this project must have obtained a "Utility Contractor License" and

"Utility Contractor License Number". All utility work to be included in this project shall be done by a licensed utility contractor. To ensure this, it shall be a requirement that the license number of the contractor be written on the face of the bid package envelope. Any bids which fail to include this number will not be opened.

4. PRE-BID CONFERENCE:

A mandatory conference will be held at 2:00 P.M. on August 1, 2024, in the McGrath Keen

Sr. Conference Center at the office of the DLCDA. Project scheduling, coordination requirements, and questions will be addressed at this time.

Minutes of the conference will be issued as an addendum and will be made a part of the contract.

5. INTERPRETATIONS:

No oral interpretation will be made to bidders as to the meaning of the Plans and Specifica-tions. Requests for interpretation of Plans and Specifications must be made in writing to the

Engineer not later than 7 (seven) days prior to the date set for receipt of proposals, and failure on the part of the successful bidder to do so shall not relieve him as Contractor of the obligation to execute such work in accordance with a later interpretation by the Engineer. All interpretations made to bidders will be issued in the form of addenda to the plans and specifications and will be sent to all bidders. Such addenda are to be covered in the proposal, and in closing the Contract they will become a part thereof.

6. BIDDERS TO INVESTIGATE:

Bidders are required to submit their proposals upon the following express conditions, which shall apply to and become part of every bid received, viz:

Each Bidder must satisfy himself and form his own opinion by personal examination of the location and ground of the proposed work, and by such other means as he may desire, as to the actual conditions and requirements of the work, including the materials to be excavated; must make his own interpretations and satisfy himself by his own investigations and research regarding labor and materials needed, and shall make his bid in sole reliance thereon. Any information or data furnished by the Owner or its employees for the convenience of any bidder is not guaranteed.

7. PROPOSALS:

Contracting and bidding requirements shall be in accordance with O.C.G.A. § 36-91-23

(2014).

Proposals will be opened and read as stated in the Invitation/Advertisement for Bids.

All bids must be submitted on the Bid Proposal Form furnished to the Bidder as a part of these documents and must be signed. All blanks on the proposal form must be filled in. Numbers shall be written in English words and in Arabic Numerals, and the completed form shall be without interlineation, alteration, or erasure. Failure to submit a proposal in the form requested or the inclusion of any condition, alternate, limitation or provision not called for will render the bid irregular and shall be considered sufficient cause for rejection of a bid. Failure to complete entries in all blanks in the proposal form shall be considered sufficient cause for rejection of a proposal.

All addenda issued shall be acknowledged in the place so designated. All alternates, if any, shall be bid on; the term "no bid" shall not be used. In the event that the Bidder does not desire to make a change in price from his Base Bid for any given alternate, he shall so indicate by using the words "no change." Proposals shall close with legal name of Bidder and be executed by one legally authorized to bind the bidding firm to a contract.

Bid Security, made payable to the Owner, shall be in the amount of five percent (5%) of the

Base Bid. Security shall be a Bid Bond issued by a surety licensed to conduct business in the state where project is located and shall have attached Power of Attorney certifying bond signee. A proposal cannot be withdrawn after it is filed, unless Bidder makes written request to the Owner prior to time set for opening of bids, or unless the Owner fails to accept bid within 60 days after date fixed for opening of bids. If any bidder refuses to enter into a contract, the Owner will retain his Bid

Security as liquidated damages but not as a penalty.

Submittal: The Proposal, in duplicate, and a single copy of the Bid Security together with the

Power of Attorney shall be contained in a sealed envelope bearing the Bidder's name and utility contractor's license number clearly addressed to the Owner as indicated on the Proposal Form. In addition, in large letters on both the front and back of the envelope, the following shall appear:

"PROPOSAL FOR CONSTRUCTION. DO NOT OPEN UNTIL (INSERT TIME) O'CLOCK,

(INSERT DATE)" not later than the date and hour named therein. After that time, no proposals will be received or withdrawn.

8. FORM OF AGREEMENT:

Form of Agreement will be on the enclosed Form in the Bid Documents.

9. AWARD:

The Owner's intent is to make an award within funds available to the lowest responsible bidder furnishing satisfactory performance surety.

The Owner reserves the right to reject any or all bids and to waive technicalities and informalities.

The Owner reserves the right to select the alternates to be used in determining the lowest bid.

If such bid exceeds such amount, the Owner may reject all bids. The Owner will decide which is the lowest qualified bidder, and in determining such bidder, the following elements will be considered for each bidder:

a. Maintains a permanent place of business.

b. Has adequate plant equipment and personnel to perform the work properly and expeditiously.

c. Has suitable financial status to meet obligations incident to the work.

d. Has appropriate technical experience.

10. CONTRACTOR TO BE SATISFACTORY TO OWNER:

The Contract will not be awarded to any bidder or bidders who have failed in any contractual obligations to the Owner, or who has on any previous contract performed in a manner unsatisfactory to the Owner, either as to the character of the work, the fulfillment of guarantees or the time consumed in its completion.

The three low bidders shall, upon written request and prior to the letting of a contract, furnish the Owner with the following information relative to his own business and that of each of the subcontractors named in his Bid Proposal.

(a) A statement of his experience, including a list of projects for which he or his firm was a responsible contractor or subcontractor; such lists shall indicate the name or identification and location of each project, the year it was completed, a brief description and the approximate dollar value of the work for which he was responsible.

(b) A statement of experience of each subcontractor named in his Bid Proposal; each statement shall include a list of projects for which the named subcontractor was a responsible contractor or subcontractor; such lists shall include the name or identification and location of each project, the year is was completed, a brief description and the approximate dollar value of the work for which the named subcontractor was responsible.

(c) The amount of capital and equipment the Bidder has available for the work of the project.

(d) The amount of capital and equipment each of the named subcontractors has available for the work of the project.

(e) A statement showing the financial assets and liabilities of the Bidder, certified to by a

Certified Public Accountant.

(f) A statement from each of the named subcontractors showing his assets and liabilities, certified by a Certified Public Accountant.

11. LIQUIDATED DAMAGES:

Liquidated damages as set forth in the Bid Proposal will be assessed for each consecutive calendar day of delay in the completion of the work not excusable as provided in the Special

Conditions (Section 01002) and the Bid Proposal.

12. SURETY AND INSURANCE COMPANIES:

The Contract provides that the surety and insurance companies must be acceptable to the

Owner. To avoid inconvenience, any bidder or subcontractor should confer with the Owner to determine whether the surety or insurance companies expected to be used on the work are acceptable to the Owner. (See Section 00700, Standard General Conditions of the Construction Contract, Article 6).

13. PARTIAL SETS-PLANS AND SPECIFICATIONS:

Partial sets of Plans and Specifications may be obtained upon payment of a charge of $2.00 per Drawing and $0.20 per Specification sheet to cover the costs of reproduction and handling. All requests for individual Drawings or Specifications shall be made in writing and the request shall clearly indicate the specific Drawings and pages or sections of the Specifications desired. No refund will be made for partial sets.

14. REQUIRED CONTRACTOR AFFIDAVITS:

A non-collusion affidavit must be completed and submitted as part of the contractor’s bid.

An affidavit in accordance with O.C.G.A. § 13-10-91 Security and Immigration Compliance must be submitted prior to execution of the contract.

BID PROPOSAL

CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY

1200 BELLEVUE AVENUE

DUBLIN, GA 31021

ATTENTION: RYAN WALDREP

PRESIDENT

PROJECT TITLE: HIGHWAY 257 RAIL SERVED SITE WATER DISTRIBUTION SYSTEM

SUBMITTED BY: ________________________________________________

Gentlemen:

Having carefully examined the Plans, Specifications and other Contract Documents relating to

HIGHWAY 257 RAIL SERVED SITE WATER DISTRIBUTION SYSTEM, dated JULY 5, 2024, and Addendum No.(s) _________________, and also having carefully inspected the premises and the conditions affecting the work, the undersigned hereby proposes and agrees to furnish all materials, labor skill, equipment, tools and other things of every kind and description specified, needed or used for the complete execution of all work covered by and in conformity with the aforesaid Plans, Specifications and other Contract Documents prepared by HUSSEY, GAY, BELL

& DEYOUNG, INC., Consulting Engineers (hereinafter called the "Engineer") and all Amendments and Addenda thereto, for the sums hereinafter stated.

SCHEDULE OF BID PROPOSAL:

Bidder must fill in unit prices in figures, make extensions of each item and total as indicated. For complete information concerning these items, see Plans and Specifications.

Item # Description Estim. Qty. Unit Price Total Price

WATER DISTRIBUTION SYSTEM

Grading and Project Miscellaneous to include project staking, testing, insurance, bonds, and all miscellaneous items not included elsewhere in this bid schedule to complete the project in accordance with the Plans and Specifications 1 LS

16" PVC C900 Water Main (incl. fittings & thrust restraints) 1,560 LF

3 16" Gate Valve in Box 9 EA

4 12" DIP Carrier Pipe (Inside Casing) 200 LF

5 12" Gate Valve in Box 2 EA

6 Fire Hydrant w/ 6" Valve & Box 4 EA

7 Jack and bore 24" Steel Casing 400 LF

8 24" Steel Casing by Open Trench 90 LF

9 20" Steel Casing by Open Trench 160 LF

10 16" DIP Carrier Pipe (Inside Casing) 490 EA

11 Connect to Existing System 2 EA

12 Grassing 0.5 AC

13 Silt Fence - Type "A" 2,300 LF

BASE TOTAL

TOTAL OF BASE BID IN WORDS:__________________________________________________________

Bid Proposal - Highway 257 Water System

For and in consideration of the sum of $1.00, the receipt of which is hereby acknowledged, the

Undersigned agrees that this proposal may not be revoked or withdrawn after the time set for the opening of bids except as provided by O.C.G.A. 36-91-52. Bids shall remain open for acceptance for a period of sixty days following bid opening.

In case he be notified in writing by mail, telegraph, or delivery of the acceptance of the Proposal within sixty days after the time set for the opening of bids, the Undersigned agrees to execute within ten days a Contract (Form of Agreement between Contractor and Owner) for the work for the above stated compensation and at the same time to furnish and deliver to the Owner a Performance Bond and Payment Bond in accordance with the instructions bound in the specifications, both in an amount equal to 100 percent of the contract sum.

The Undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten days of a date to be specified in a written order from the Owner and to complete fully all work within _______ consecutive calendar days, or within _________ consecutive calendar days if different than specified. The Undersigned Bidder agrees to pay to the Owner, Liquidated Damages as stated in the Special Conditions for each consecutive calendar day of delay in an amount not to exceed $500.00 per day.

Enclosed herewith is a Bid Bond in the amount of______________________________________ being not less than 5 percent of the Base Bid. The Bid Bond must be submitted on a form acceptable to the Owner. The Undersigned agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the Undersigned to execute the

Contract and to furnish the performance Bond and Payment Bond in case this proposal is accepted and further agrees to the following:

If this Proposal is accepted within 60 days after the date set for the opening of bids and the

Undersigned fails to execute the Contract within 10 days after written notice of such acceptance or if he fails to furnish both a Performance Bond and Payment Bond, the obligation of the Bid Bond will remain in full force and effect and the money payable thereon shall be paid into the funds of the

Owner as Liquidated Damages for such failure; otherwise the obligation of the Bid Bond will be null and void.

The Bidder submits the following statement of Bidder's qualifications.

BIDDER'S QUALIFICATIONS

NAME OF BIDDER_____________________________________________________________

STREET ADDRESS_____________________________________________________________

TELEPHONE NO._________________________________ FAX NO._____________________

WHEN ORGANIZED____________________________________________________________

WHERE INCORPORATED_______________________________________________________

LICENSED TO DO BUSINESS IN THE STATE OF __________________________________

The foregoing statement of qualifications is submitted under oath:

Respectfully submitted, Name:_______________________________________________

Mailing Address:________________________________________

By:_________________________________________________

Title:_______________________________________________

The legal name of the Bidder is:

(Attach satisfactory evidence of the authority of the officer, or officers, signing on behalf of a corporation.)

NONCOLLUSION AFFIDAVIT

Ref. O.C.G.A.§ 36-91-21

STATE OF GEORGIA

COUNTY OF LAURENS

_______________________________, of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any state official or employee as to the quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract.

Company ______________________________

Signature _____________________________

Title _________________________________

Subscribed and sworn to before me this ____ day of ________, 20___.

Notary Public __________________________

My Commission Expires:

CONTRACT FORM

THIS AGREEMENT made the _______ day of _______________________ in the year Two Thousand Twenty by and between__________________________________________, hereinafter called the Contractor and City of Dublin and County of Laurens Development Authority, hereinafter called the Owner.

WITNESSETH, that the Contractor and the Owner for the consideration hereinafter named agree as follows:

ARTICLE 1. The Contractor agrees to provide all the materials, equipment and labor necessary for the complete construction of all the work shown on the Plans and described in the

Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., for City of Dublin and County of

Laurens Development Authority Highway 257 Rail Served Site Water Distribution System, and to do everything required by the Specifications and Plans.

ARTICLE 2. The Contractor agrees that the work contemplated by the Contract shall be entirely completed on or before ________________________________________________.

ARTICLE 3. The Owner agrees to pay the Contractor in current funds for the performance of this Contract the sum of ________________________________________________

____________________________________________Dollars ($______________) subject to additions and deductions as provided for in the Specifications and to make payments on account of the Contract as provided for in the Specifications, except as hereinafter stated:

ARTICLE 4. The contractor and Owner agree that the Specifications and the Plans, and all Addenda thereto together with this Agreement, form the Contract and that such

Specifications and Plans are as fully a part of the Contract as if attached or herein repeated. The

Contractor and the Owner agree that the following is a complete list of the Plans and the

Specifications:

The Contractor and the Owner for themselves, their successors, executors, administrators and assigns hereby agree to the full performance of the covenants herein contained.

IN WITNESS WHEREOF they have hereunto set their hands and seals the day and year first above written.

In the presence of:

CONTRACTOR: ____________________________________

Corporate Seal:

Witness: _______________________________ By: _____________________________________

Witness: _______________________________ Attest:____________________________________

OWNER: __________________________________________

Seal:

Witness:________________________________ By: ______________________________________

Witness: _______________________________ Attest: ____________________________________

E-VERIFY

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 (name of public employer) 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.G.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 ______, ___, 201__ 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 ______________,20___.

NOTARY PUBLIC

My Commission Expires:

3/6/2013

E-VERIFY

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 (name of public employer) 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 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:

Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer

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

Executed on ______, ___, 201__ 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 ______________,20___.

NOTARY PUBLIC

My Commission Expires:

3/6/2013

PAYMENT BOND

THIS BOND IS EXECUTED TOGETHER WITH ANOTHER BOND IN FAVOR OF THE

OWNER AS OBLIGEE CONDITIONED UPON PERFORMANCE OF THE CONTRACT.

KNOW ALL MEN BY THESE PRESENTS:

That____________________________________________ (include address) as principal

(hereinafter referred to as "Principal"), and ___________________________________________ as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto ___________________________________________as Obligee (hereinafter referred to as "Owner"), for the use and benefit of claimants defined, hereinafter, in the amount of ____________________

____________________________________________Dollars ($________________) to which payment principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with Owner dated _________________________ for the ________________________________________________, in accordance with Plans and Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., Consulting Engineers, Savannah, Georgia which contract is incorporated herein by reference and made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be null and void;

otherwise it shall remain in full force and effect, subject, however, to the following conditions:

1. The said surety to this bond, for value received, hereby stipulates and agrees that no change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or plans accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or plans.

2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said Contract.

3. Every person entitled to the protection hereunder and who has not been paid in full for labor or materials furnished in the prosecution of the work referred to in said bond before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him, or materials or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgement for the sum or sums due him; provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing said payment bond shall have the right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the day on which such person did or performed the last of the labor, or furnished the last of the materials or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished or supplied or for whom the labor was performed or done; provided further that nothing contained herein shall limit the right of action to said 90 day period. Notice may be served by depositing a notice, registered mail, postage prepaid, duly addressed to the Contractor at any place he maintains an office or conducts his business, or his residence, in any post office or branch post office or any letter box under the control of the Post Office Department or, notice may be served in any manner authorized by law to serve summons or process. Every suit instituted under this Section shall be brought in the name of the claimant without Owner being made a party thereto.

The official who has the custody of said bond is authorized and directed to furnish, to any person making application therefore who submits an affidavit that he had supplied labor or materials for such Work and payment therefore has not been made, or that he is being sued on any such bond, a copy of such bond and the contract for which it was given, certified by the official who has custody of said bond; this copy shall be primary evidence of said bond and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, but in no case shall the fee exceed the fees which the clerks of the superior courts are permitted to charge for similar copies.

4. No action can be instituted on this bond after one year from the date of the final certificate of the Engineer.

5. Further, this bond shall be considered the same as a bond furnished under Section 13-10 and 36-91 et. seq., of the Official Code of Georgia Annotated, as amended, and all provisions of law pertaining to bonds furnished under said Section shall pertain hereto.

Signed and sealed this ______ day of ____________________ A.D. 20___.

IN THE PRESENCE OF:

__________________________________________(SEAL)

(Principal)

(Title)

______________________________ __________________________________________(SEAL)

(Surety)

(Title)

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS

That ______________________________________________ (include Address) as Principal (hereinafter referred to as "Principal"), and ____________________________________________

(Legal Title and Address of Surety) as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto __________________, as Oblige (hereinafter referred to as "Owner"), in the amount of _______________________________________________________________________ Dollars ($__________________), to which payment Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with Owner dated ______________________________ for ___________________________________________in accordance with Drawings and Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., Consulting Engineers, Savannah, Georgia, which contract is incorporated herein by reference and made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly and faithfully perform and comply with the terms and conditions of said contract;

and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury or loss to which said Owner may be subjected by reason of any wrong doing, including patent infringement, misconduct, want of care or skill, default or failure of performance on the part of said Principal, his agents, subcontractors or employees, in the execution or performance of said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:

1. The said Surety to this bond, for value received, hereby stipulates and agrees that no change or changes, extension or extensions of time. alteration or alterations or addition or additions to the terms of the contract or to the work to be performed hereunder, or the specifications or Drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or Drawings.

2. If pursuant to the contract documents the Contractor shall be declared in default by the Owner under the aforesaid Contract, the Surety shall promptly remedy the default or defaults or shall promptly perform the Contract in accordance with its terms and conditions. It shall be the duty of the Surety to give an unequivocal notice in writing to the Owner within twenty-five (25) days after receipt of a declaration of default of the Surety's election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to the Owner immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishing of each omitted item of work, and (d) the performance of the contract. The Surety shall not assert solvency of its Principal as justification for its failure to give notice of election or for its failure to promptly remedy the default or defaults or perform the contract.

3. Supplementary to and in addition to the foregoing, whenever the Owner shall notify the Surety that the Owner has notice that the Contractor has failed to pay any subcontractor, materialman, or laborer for labor or materials certified by the Contractor as having been paid for by the Contractor, the Surety shall, within 30 days of receipt of such notice, cause to be paid any unpaid amount for such labor or materials.

4. It is expressly agreed by the Principal and the Surety that the Owner, if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the work.

5. The Surety agrees that other than as is provided in this bond it may not demand of the Owner that the Owner shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (e) furnish any papers or documents, or (f) take any action of any nature or description which is not required of the Owner to be done under the contract documents.

6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the legal successors of the Owner.

Signed and sealed this _____ day of ________________ A.D. 20___.

IN THE PRESENCE OF:

__________________________________(SEAL)

(Principal)

(Title)

__________________________________(SEAL)

(Surety)

(Title)

01002-1

SECTION 01002

SPECIAL CONDITIONS

1. COMMENCEMENT AND COMPLETION OF WORK:

The Contractor shall commence work under this contract within 10 calendar days after notice to proceed and shall diligently prosecute said work so as to complete the entire project and place it in use within 90 calendar days after notice to proceed.

2. SCOPE OF THE WORK:

The work to be done hereunder includes the furnishing of all necessary machinery, equipment, tools, labor and other construction means, and all materials and equipment required to perform all work as set forth and called for by the Plans and Specifications and including the placing of the entire project into satisfactory operation.

3. LOCATION:

The work under this Contract will be located on State Route 257 in Laurens County as shown on the Plans.

4. EXTENSION OF TIME AND FAILURE TO COMPLETE ON TIME:

Any and all extensions of time shall be in accordance with the General Conditions, except as otherwise hereinafter provided.

Failure to complete the Project on or before the stipulated completion date will result in the assessment of liquidated damages; such damages shall include the cost of engineering, inspection and testing, together with any fines or penalties incurred by the Owner for non-compliance with water quality requirements or effluent limitations in the amount stated in the Proposal.

5. SANITARY REGULATIONS:

The Contractor shall provide adequate sanitary conveniences for use of those employed on the work and their use shall be strictly enforced. Such conveniences shall be made available when the first employees arrive on the site and shall be removed after the departure of the last employees from the job. The facilities shall be maintained at such points and in such manner as approved, and the Engineer shall have the right to inspect such facilities to determine whether or not sanitary requirements have been complied with.

6. ENVIRONMENTAL IMPACT:

The Contractor shall conduct all his operations so as to minimize, to the greatest extent possible, adverse environmental impact.

a) Noise.

All equipment and machinery shall be provided with exhaust mufflers maintained in good working order so as to reduce operating noise to minimum levels. In addition, operation of

01002-2 equipment and machinery shall be limited to daylight hours, except with the permission of the

Engineer, based on critical need for the operation.

b) Dust/Smoke.

All equipment movements shall be accompanied by a minimum of dust. Traveled surfaces and earthwork shall be maintained in a moist condition to avoid the generation of dust or the airborne movement of particulate matter under all prevailing atmospheric conditions.

Burning operations will be conducted only with written permission of the Owner and/or appropriate regulatory agency. The Contractor shall be responsible for obtaining all permits and complying with all codes, ordinances and regulations pertaining to the burning.

c) Traffic.

Trucks carrying spoil, fill, concrete or other material shall be routed over roads which will result in the least effect on traffic and nuisance to the public. All material shall be loaded in a manner which will preclude the loss of any portion of the load in transit, including covering, if necessary.

d) Siltation.

All points of concentrated runoff from rainfall shall be visually monitored to determine that no eroded material from the construction site is leaving the Owner’s property.

Measures shall be taken to promptly eliminate such a deposition if occurring, including the installation of detention basins.

7. STORAGE OF MATERIALS:

The Contractor shall arrange his plant and store his materials as compactly as practicable at points convenient for the Contractor and which do not damage the work or interfere with the operation of the existing plant or with work of other contractors or with free access to all parts of the site and to utility installations. Materials shall be so stored as to facilitate inspection and to insure preservation of their quality and fitness for use. They shall be placed on wooden platforms or other clean surfaces and not on the ground and shall be placed under cover.

8. CONSTRUCTION STAKING:

The Engineer will provide benchmarks and baselines for horizontal and vertical control at the site of the work.

From the baselines and benchmarks established by the Engineer, the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work prescribed in the specifications or on the Contract Plans, subject to such modifications as maybe required to meet changed conditions or as a result of necessary modifications to the contract work. The Contractor shall exercise proper and reasonable care in verifying figures shown on the Drawings before laying out the Work and will be responsible for any error resulting from his failure to exercise such care.

01002-3

The Contractor shall furnish, at his own expense, all such stakes, spikes, steel pins, templates, platforms, equipment, instruments, tools and material and all labor including instrument men, rodmen, chainmen, etc., as may be required in laying out any part of the work from the baselines and benchmarks established by the Engineer.

It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Engineer until authorized to remove them, and if such marks are destroyed by the Contractor or through his negligence prior to their authorized removal, they may be replaced by the Engineer at his discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor.

All survey data shall be recorded in accordance with standard and approved methods. All field notes, sketches, records and computations made by the Contractor in laying out the work shall be available at all times during the progress of the work for the ready examination by the Engineer or his duly authorized representative.

The Engineer may make original and final surveys and make computations to determine the quantities of work performed or finally in place, if required.

The Contractor shall make such surveys and computations as are necessary to determine the quantities of work performed or placed during each period for which a progress payment is to be made. All original field notes, computations and other records, or facsimile copies thereof, taken by the Contractor for the purpose of construction and for progress surveys, shall be furnished promptly to the representative of the Engineer for permanent records and for determining the proper amount of progress payments due to the Contractor. Unless waived in each specific case, quantity surveys made by the Contractor shall be made during the presence of a representative of the Engineer.

The Engineer may make checks as the work progresses to verify lines and grades established by the

Contractor and to determine the conformance of the completed work as it progresses with the requirements of Contract Specifications and Plans. Such checking by the Engineer or his representative shall not relieve the Contractor of his responsibility to perform all work in accordance with the Contract Plans and Specifications and the lines and grades given therein. In the event that location marks as established by the Contractor are found to be inaccurate or inadequate, work shall be suspended until corrections have been made.

No separate payment will be made for the costs involved in the survey work, layout work or staking performed by the Contractor. All such costs will be considered as incidental to the Contract.

9. UTILITIES:

Utilities such as sewer, water and electric lines encountered in the work shall be protected from injury and maintained in service until moved or replaced as required under this Contract or by others as the case may be, or abandoned lines as may be necessary for the proper construction and use of the new work.

01002-4

10. ADJUSTMENT OF DISCREPANCIES:

In all cases of discrepancies between the various dimensions and details shown on drawings, or between the drawings and these specifications, the more expensive construction shall be estimated before construction is started, the matter shall be submitted to the Engineer for clarification. Without such a decision, discrepancies shall be adjusted by the Contractor at his own risk and in settlement of any complications arising from such adjustment, the Contractor shall bear all of the extra expense involved.

11. TESTING:

Testing shall be conducted as required in the various sections of these specifications, in accordance with the following:

a) Mill Tests.

Mill tests, if any, shall be conducted and reports submitted as specified for such material. Mill or shop tests shall be accomplished by the manufacturer or supplier of the materials and may be conducted by an independent testing laboratory. These tests shall be performed in accordance with the ASTM Standard, if specified, or with other applicable standards.

The cost of mill tests shall be included in the lump sum price bid, and no additional payment will be made.

b) Laboratory Tests.

Laboratory tests…