Georgia World Congress Center

Authority On Behalf of Georgia-Savannah

Convention Center Authority

Flooring Replacement Project

PROJECT NO. SGCCA-110822

ATLANTA, GEORGIA

November 8, 2022

Georgia World Congress Center Authority 285 Andrew Young International Blvd.

Atlanta, Georgia 30313

SECTION A

INVITATION TO BID

Project No. SGCCAA-

110822

A-01. Notice is hereby given that the Savannah-Georgia Convention Center Authority (Owner or SGCCA) will accept sealed bids for SGCCA Flooring Replacement in strict conformity with the bidding and Contract Documents.

A-02. Each bid must be submitted on the prescribed Bid Form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the certification (reference Bid Form paragraph B-09) must be fully completed and executed when submitted.

A-03. Such sealed bids will be received until 10:00 A.M. on November 29, 2022 at the Georgia World Congress

Center Administration Office. Sealed bid should include one original paper copy and one copy saved on a USB drive. All mailed or hand delivered bids must be received by the Georgia World Congress Center, prior to the Bid Receipt Date and Time. Bidder retains full responsibility for assuring that bids are received prior to the time stated for bid opening.

A-04. COPIES OF BIDDING DOCUMENTS AND INFORMATION REGARDING THE PRE-BID

CONFERENCE MAY BE OBTAINED FROM THE GEORGIA PROCUREMENT REGISTRY.

From the date that this Invitation to Bid (ITB) is issued until a bidder is selected and the selection is announced, there will be no communication for any reason, except during the pre-bid conference, between a bidder and any State employee other than the contracting officer listed regarding this ITB. T h e O w n e r reserves the right to reject any bid for violation of this provision. No questions other than those submitted in writing will be accepted, and only written responses will be binding upon the Owner.

A-05. Bid Specification -

The Savannah -Georgia Convention Center Authority is soliciting bids to replace the existing 4,440 square feet of Tondee’s Flooring from carpet tiles to vinyl floorplans. The below work is to include all material and labor to perform work on replacing the flooring in Tondee’s. Please provide the duration of time needed to complete the removal of the existing and installation of the new flooring. This needs to be the complete time for each one. Please keep in mind that due to business in the facility these may need to be completed at separate times. If there is a pricing difference between separate mobilizations, please quote the project as such. Contractor is responsible for making sure their work area is secure and cleaned up daily. Contractor is responsible for removing all materials from the job site. Also remember we have an active Convention Center so work times may vary due to events we have inhouse. However, we will work with the selected contractor closely to minimize disruption in your schedule. This will work will take place in Tondee’s which is adjacent to carpet areas in the public space of the facility. Please make sure to protect areas to and from the work area along with keeping area as clean as possible.

The work will consist of removing the existing Tandus carpet tiles from the area. Contractor is responsible for all disposal of existing material. Prep floor as necessary to receive the vinyl floor planks. Install new vinyl floor planks to manufacture’s recommended installation procedures. We are requiring the use of Amtico 40mil vinyl floor planks. The selection for the vinyl floor planks will be Collection: Amtico Signature, Style:

Wood, Color: American Cherry (AROW7450), and Size: 9”x36” or 9”x48”. The contractor will also be responsible for installing primed white quarter round in all areas where the flooring has been installed.

Contractor needs to provide new transitions to existing carpet in all areas where needed.

IMPORTANT

A Site Visit will be held at SGCCA, Madison Sales Conference Room on November 14, 2022, at 10:00

am. (Contact person James Taylorson – Chief Engineer). Georgia World Congress Center Authority reserves the right to disqualify a potential bidder due to a failure by the bidder to arrive for the pre-bid conference by the scheduled time. Failure to attend a mandatory pre-bid conference and/or site visit will automatically result in disqualification from the bid process.

A-06. If awarded BID BONDs shall be in an amount equal to 5% of the base bid, payable to Savannah-Georgia

Convention Center Authority and issued by a Corporate Surety authorized to do business in the State of Georgia, in order to guarantee that the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and Contract Documents, should the construction contract be awarded to him.

A-07. The successful bidder shall be required to furnish a bond for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to 100% of the Contract Price. Both bonds shall be issued by a Corporate Surety authorized to do business with the State of Georgia. All bids submitted shall remain open for a period of sixty (60) days after the date of the bid opening.

A-08. The owner reserves the right to reject any or all bids and to waive technicalities and irregularities.

A-09. All bids submitted in response to this Invitation to Bid shall be made in general accordance with the Georgia

Vendor Manual and the applicable provisions of Georgia Law.

A-10. All expenses for preparing and submitting bids are the sole cost of the party submitting the bid. The SGCCA is not obligated to any party to reimburse such expenses. All submittals, upon receipt, become the property of SGCCA. Labeling information provided in submittals as “proprietary” or “confidential”, or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the bid documents will remain confidential until final award.

Contracting Officer: Erle Coleman

285 Andrew Young International Blvd NW Atlanta, Georgia 30313 Phone: 404 223 4244

Email: E c o l e m a n @ S G C C A . c o m mailto:Ecoleman@gwcc.com

SECTION B

BID FORM

TO: Purchasing Department

285 Andrew Young International Blvd NW Atlanta, Georgia 30313

Gentlemen:

BID CLOSING DATE:

BID CLOSING TIME:

B-01. Having carefully examined the Bidding Documents SGCCA Flooring Replacement - SGCCA-110822, d a t e d N o v e m b e r 8, 2 0 2 2 , a n d Addendum (a) N o . (s) , as well as the premises and conditions affecting the Work, the undersigned proposes to furnish all services, labor, and materials called for by them for the entire Work, in accordance with said documents, for the sum of: _____________________DOLLARS ($_______________, which sum is hereinafter called the “BASE BID.” [the state reserves the right to disqualify any bid submitted which fails to acknowledge receipt of all issued addenda]

B-02. The undersigned hereby agrees that this bid may not be revoked or withdrawn after the time set for the opening of bids, but shall remain open for acceptance for a period of 60 days following such time.

B-03. In the event that the undersigned is notified in writing by mail, telegraph, or delivery of the acceptance of this bid within 60 days after the time set for the opening of bids, the undersigned agrees to execute, within ten (10) business days, a contract for the Work for the above stated compensation and at the same time to furnish and deliver to the Owner a Performance The surety must be one which is licensed to do business in the State of Georgia.

B-04. Prior to the bid opening date and hour, errors may be stricken or revisions may be made and corrections entered on this bid form, provided that any such strike-over or revision is signed in ink by the person signing the bid or his agent. Any revisions made on the outside of the envelope will not be accepted.

B-05. The undersigned agrees to commence actual physical work on the site with an adequate work force and equipment within ten days of the date of the proceed order and to complete to MATERIAL COMPLETION all work by not later than consecutive calendar days from and including date of the proceed order.

B-06. Enclosed herewith is a bid bond (Bid Bonding Company Form is Acceptable) in the amount of

DOLLARS

($ ) (being not less than 5% of the base bid) payable to Georgia World Congress

Center Authority. 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 performance and payment bonds in case this bid is accepted.

B-07. If this bid is accepted within 60 days after the date set for the opening of bids, and the undersigned fails to execute the Contract within ten (10) business days after notice of such acceptance or if he fails to furnish both performance and payment bonds, the obligation of the bid bond, if applicable, 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, obligation of the bond will be null and void.

B-08. The bidder submits the following statement of bidder’s qualifications for consideration by the Owner.

STA TEM ENT O F B IDD ER ’S QUA LIFI CAT IO NS

(To be subscribed and sworn to before a notary public)

Firm Name:

LEGAL NAME OF BUSINESS (As registered with Secretary of State)

Address:

LEGAL BUSINESS ADDRESS (P.O. BOX IS INSUFFICIENT)

CITY STATE ZIP

MAILING ADDRESS IF DIFFERENT FROM ABOVE

Telephone Number: Facsimile Number:

Contact Person Name and Email Address:

Georgia Resident: YES NO

When Organized: Where Incorporated:

Federal I.D. No.: or Social Security No.:

Number of years engaged in the contracting business under the present firm name:

Georgia General Contractor: YES NO License Number(s):

Credit Available for This Contract:

Contracts Now in Hand, Gross Amount:

Plan of Organization: Proprietorship Corporation Partnership LLC

The bidder has refused to sign a contract at the original bid. YES or NO (Please circle one)

The bidder has been declared in default on a contract. YES or NO (Please circle one)

If answer is Yes to either statement above, please explain:

The foregoing statement of qualifications is submitted under oath.

B-9. Contractor certifies that they have been granted and possess all necessary, valid, current licenses to do business in the State of Georgia as issued by the respective State Boards and Government Agencies responsible for regulating and licensing the services to be provided and performed pursuant to this Agreement.

B-10. Under oath I certify that I am a principal or other representative of the bidder and that I am authorized by it to execute the foregoing offer on its behalf. I am a principal person of the foregoing with management responsibility for the foregoing subject matter and as such I am personally knowledgeable of all its pertinent matters. The foregoing statement of facts is true and correct.

B-11. I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences and civil damage awards. I agree to abide by all conditions of this bid and certify that provisions of Georgia O.C.G.A. Section 45-10-20, et. sec., have not and shall not be violated in any respect.

The full names of persons and firms interested in the foregoing bids as principals are as follows:

(1)

Check One: President ( ) Partner ( ) Owner ( )

(2)

Check One: Vice President ( ) Secretary ( ) Partner ( )

If incorporated, the names of both the President and Corporate Secretary must be indicated. If a partnership, all partners must be indicated.

The legal name of the bidder as registered with the Secretary of State is:

DATE:

BY:

Authorized Signature (BLUE INK PLEASE)

Typed/Printed Name Title

Sworn to and subscribed before me this day of , 20 .

Notary Public

My commission expires:

B-12. Please check the box if the definition below applies to your company:

MINORITY BUSINESS ENTERPRISE (MBE). The business is either: a) owner by a member of a minority race or b) a partnership of which a majority of interest is owned by one or more members of a minority race or c) a public corporation of which a majority of the common stock is owned by one or more members of a minority race. A member of a minority race is defined as an individual who is a member of a race which comprises less than 50 percent of the total population of the state of Georgia. For record keeping purposes, this includes, but is not limited to, persons who are Black, Hispanic, Asian-Pacific American, Native American, or Asian-Indian American.

SECTION C

INSTRUCTION TO BIDDERS

C-01. Basis of Contract. Contract, if awarded, will be on a lump sum basis and will be substantially in accordance with the Contract shown in Section D.

C-02. Bid Security. Bids must be accompanied by a Bid Bond in an amount not less than five percent of the Bid.

Bid Bonds should be furnished on forms accepted as standard by the insurance industry.

C-03. Interpretations. No oral interpretations will be made to bidders as to the requirements of the Bidding

Documents (Drawings, Project Manual (including the Specifications), and addenda thereto). Requests for interpretation of the Bidding Documents shall be made in writing to the Contracting Officer. All interpretations made to bidders will be issued in the form of addenda to the Bidding Documents and will be posted to the Georgia Procurement Registry web site. Such addenda are to be acknowledged at the appropriate location on the Bid Form. In closing the Contract, they will become a part thereof. No addenda will be issued within three (3) business days of the date set for receipt of bids without an extension of the bid date.

C-04. Sales Tax. Unless otherwise provided in the Contract Documents, the Contractor shall pay all sales, consumer, use and other similar taxes, which are legally enacted at the time bids are received.

C-05. Examination of Site. In undertaking the work under this Contract, the Contractor acknowledges that he has visited the Project Site and has taken into consideration all observed conditions that might affect his work.

C-06. Surety and Insurance Companies. The contract provides that the surety and insurance companies must be acceptable to the Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the Owner. At the time of issuance, all insurance and bonds must be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. Such company shall be an insurer with an A.M. Best Financial Strength Rating of “A-“or better and with an A.M. Best Financial Size Category of Class V or larger.

C-07. Employment of Georgia Citizens and Use of Georgia Products. Since the work provided for in this contract is to be performed in Georgia, it is the wish of the Owner that materials and equipment manufactured or produced in Georgia shall be used in the work and that Georgia citizens shall be employed in the work at wages consistent with those being paid in the general area in which the work is to be performed. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work; nor shall the fulfillment of this desire be asserted by the Contractor as an excuse for any noncompliance or omission to fulfill any obligation under the contract.

C-8. Trading with the State Statutes. In submitting a bid, the bidder certifies that the provisions of law contained in

O. C. G. A. Sections 45-10-20 to 45-10-71 prohibiting officials and employees of the state from engaging in certain transactions with the state and state agencies, have not and will not be violated in any respect in regard to this contract.

C-9. Owner’s Policy Statement. It is the policy of the Owner that minority business enterprises shall have the maximum opportunity to participate in the Owner purchasing process. Therefore, the Owner encourages all minority business enterprises to compete for, win, and receive contracts for goods, services and construction.

Also, the State encourages all companies to sub-contract portions on any State contract to minority business enterprises. Any questions regarding statements contained hereunder should be directed to the State Small and Minority Business Coordinator referenced below.

C-10. Georgia Vendor Manual. All bids submitted in response to this Invitation to Bid shall be made in general accordance with the Georgia Vendor Manual and the applicable provisions of the Georgia Laws.

C-11. Georgia Income Tax Incentive. Bidders interested in taking advantage of the Georgia income tax incentives provided for by the Official Code of Georgia Annotated 48-7-38 relative to the use of minority subcontractors in the performance of contracts awarded by the State of Georgia should contact the State Small and Minority Business Coordinator at the following address:

Governor’s Small Business and Entrepreneurial Office Georgia Department of Economic Development 75 Fifth Street, NW, Suite 1200 Atlanta, Georgia 30308 Telephone: (404) 962-4000 Fax: (404) 962-4001

C-12. Reciprocal Preference Law. In accordance with O.C.G.A. §13-10-3, vendors resident in the State of

Georgia will be granted the same preference over vendors resident in another State in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other State to vendors resident therein over vendors resident in the State of Georgia. A Georgia resident business shall include any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to submitting this bid or a new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place of business shall not include a post office box, site trailer, or temporary structure.

C-13. Bids

a. Bids will be received as stated in the Invitation to Bid.

b. All bids must be submitted on the Bid Form provided in Section B and must be signed, notarized, and sealed by a notary public. All blanks on the Bid Form must be filled in. Numbers shall be written in English words and in Arabic numerals. The completed form shall be without interlineation, alteration or erasure. Failure to submit a bid in the form required 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 Bid Form shall be considered sufficient cause for rejection of a bid. Notations on the outside of the bid envelope intended by the bidder to modify the Bid Form will not be considered by the Owner.

c. Bids are to be addressed to the Georgia World Congress Center Authority, at the address shown in the

Invitation to Bid and must be enclosed in an opaque, sealed envelope and marked on the lower left corner with the Bid Date, Bid Time, Project Number and identified with the words “Bid for (Project Name).”

d. A bid must be submitted for all specified unit prices. If a price is not provided for all unit prices the

Contractor’s bid may be determined non-responsive and not considered for award. Unless otherwise stipulated all alternates are deductive.

e. Bids may be withdrawn by bidders prior to the time set for official opening. After time has been called, no bid may be withdrawn for a period of sixty (60) days after the time and date of opening except as provided in O.C.G.A. Section 13-10-22 (appreciable error in calculation of bid). Negligence or error on the part of any bidder in preparing his bid confers no right of withdrawal or modification of his bid after time has been called except as provided by Georgia law.

f. Bid responses containing provisions for late or interest charges will not be considered for an award.

Bidders are instructed to remove or strike through any reference to this provision and to initial changes prior to submitting a bid response to the Georgia World Congress Center.

C-14. Award. The Contract will be awarded, if at all, on a lump sum basis and to the lowest responsible, responsive bidder. The lowest bid will be the bid whose price, after incorporating all accepted alternates, is the lowest and most responsive bid which was received.

C-18. Owner’s Right to Negotiate with the Lowest Bidder. In the event all responsive and responsible bids are in excess of the budget, the Owner, in its sole and absolute discretion and in addition to the rights set forth above, reserves the right to negotiate with the lowest responsive and responsible bidder (after taking all deductive alternates) only for the purpose of making changes to the Project that will result in a cost to the Owner that is within the budget, as it may be amended.

SECTION E

GENERAL CONDITIONS

D-01. General Conditions. The General Conditions of the Contract, Provisions D-01 thru D-69, shall govern in the event of any conflict with any other provisions of the Contract Documents unless notice to the contrary shall have been issued by the Owner. In the event of conflict, the Supplementary General Conditions control over the General Conditions and the Contract controls over the Supplementary and General Conditions.

D-02. Legal Compliance. The Contractor shall comply with all laws, rules, regulations, ordinances, and orders of any government agency having jurisdiction in the performance of the work and shall ensure the compliance of his subcontractors. Without limiting the generality of the foregoing, the following laws are specifically referenced:

a) The Drug-Free Workplace Act, O.C.G.A. § 50-24-1, et. seq.

b) Preference for Georgia Supplies, materials, equipment, and agricultural products, O.C.G.A. §§ 50-5-60 through 61.

c) Preference for Georgia forest products, O.C.G.A. § 50-5-63.

d) Preference to local sellers of Georgia products, O.C.G.A. § 50-5-62.

e) Standards and Requirements for Construction, Alterations, etc., O.C.G.A. § 8-2-1 et. seq.

f) Control of Soil Erosion and Sedimentation, O.C.G.A. § 12-7-1, et. seq.

g) Regulation of Fire and other Hazards, O.C.G.A. § 25-2-1 et. seq.

h) Regulation of Blasting Operations, O.C.G.A. § 25-2-1 et. seq. and § 25-9-1 et. seq.

i) Providing Safe workplace, O.C.G.A. § 34-2-10 and § 34-7-20.

j) Georgia Facility Protection Act, (Underground Gas Pipe Law), O.C.G.A. § 25-9-1 et. seq.

k) High Voltage Safety Act, O.C.G.A. § 46-3-30 et. seq.

l) Access and Use by Physically Handicapped Persons, O.C.G.A. § 30-3-1 et. seq.

m) Small and Minority Business Enterprises, O.C.G.A. § 50-5-120 et. seq. and § 50-5-130 et. seq.

n) Trading with the State or State Officials, O.C.G.A. §§ 45-10-20 to 45-10-71.

o) Title VII of the Civil Rights Act, 42 U. S. C. § 200a through 2000h-6.

p) Age Discrimination in Employment Act, 29 U. S. C. § 621 et. seq.; 42 U. S. C. § 6101 et. seq.

q) Americans with Disabilities Act, 42 U. S. C. § 12101 et. seq.

r) Federal Occupational Safety and Health Act, 29 U. S. C. § 651 et. seq.

s) Federal Emergency Planning and Community Right-to-Know Act, 42 U. S. C. § 11001 et. seq.

t) Georgia Open Records Act, O.C.G.A. § 50-18-70 et. seq.

u) Georgia Blasting Standards Act, O . C . G . A. § 25-8-1 et.seq. and Blasting, Excavating Nearby

Underground Gas Pipes and Utilities, § 25-9-1 et. seq.

v) Scaffolding and Staging Statute, O.C.G.A. § 34-1-1 et.seq.

w) Department of Labor Rules and Regulations, O.C.G.A. § 34-2-6 et. seq.

x) Hazardous Chemical Protection and Right to Know Act, O.C.G.A. § 45-22-2 et. seq.

y) Retainage on Public Works Contracts, O.C.G.A. § 13-10-80 et. seq.

z) Compliance with “federal work authorization programs” and federal Immigration Reform and control

Act of 1986 by Georgia Public Employers, contractors and subcontractors, O.C.G.A. § 13-10-90 et. seq.

D-03. Third Party Beneficiaries. Contractor acknowledges, stipulates and agrees that the Owner is a public department, agency, authority, or commission of the executive branch of the government of the State of Georgia performing an essential public and governmental function by means of the Contract. Failure of Contractor to comply with this Contract may cause general and special or consequential damages to the Owner or to officers, agencies, commissions, departments, instrumentalities or other entities of the State of Georgia, which will occupy the completed work or which provide governmental services or supplies to them.

By way of illustration and not limitation, breach or repudiation of the Contract may cause the need to crowd other premises, to extend occupancies of other premises or to occupy unsatisfactory premises. Contractor shall be liable for damages under this Contract not only to Owner but also to, and as third party beneficiaries of its Contract, the State of Georgia, or to any officer, agency, commission, department, instrumentality or entity of the State of Georgia, which is to occupy the work or which performs a governmental function for the same and whose costs or burden is increased by a breach in the Contract. This Contract contemplates general and special or consequential damages not only to Owner but to such third party beneficiaries (“State beneficiaries”). Liability to third party beneficiaries shall be without regard to whether Owner has breached any duty of its own to third party beneficiaries, and neither Contractor nor its surety shall have any right of subrogation against Owner or the State or other third party beneficiaries.

D-04. Liquidated Damages. Time being of the essence of this contract, and a material consideration thereof, it is mutually agreed by the parties hereto in case of the Contractor’s failure to complete the construction within the time specified, the Owner will be damaged thereby. The Contractor shall commence performance of its activities on the site under this Contract as specified by the date of the Proceed Order. The Contractor shall complete construction not later than the Material Completion Date shown in the Contract, except as adjusted by change order. The Owner and Contractor hereby agree that the amount of such damages shall be the daily rate specified in the contract, beginning upon the contractually required Material Completion Date and ending on the date that the certificate of material completion is issued. The parties agree that the specified Liquidated Damages are not established as a penalty but are calculated and agreed upon in advance as a fair and equitable amount reasonably estimated in advance to cover losses to be incurred by the Owner for such delay or interruption.

D-05. Immigration Reform Compliance. Contractor certifies its compliance with Illegal Immigration Reform and

Enforcement Act of 2011 and s p e c i f i c a l l y t h o s e provisions codified at O.C.G.A. §13-10-90

et. seq. Contractor warrants that it has registered with and uses the federal work authorization program commonly known as “E-Verify.” Contractor further agrees that it will contract for the physical performance of services in satisfaction of this contract only with subcontractors who present an affidavit as required by O.C.G.A. §13-10-91. Contractor warrants that it will include a similar provision in all contracts entered into with subcontractors for the physical performance of services in satisfaction of this contract.

D-07. Forms and Specimens. - The forms and specimens attached as exhibits are incorporated by reference herein and shall be executed in substantial conformance for proper completion of the Contract.

D-08. Pre-construction Meeting. After award of contract a Pre-construction meeting shall be held between the

Owner and the Contractor to review the project and set up the approximate work sequence schedule. Within ten (10) days after this meeting, Contractor shall submit to the Owner for approval five (5) typed copies of the work sequence schedule, showing proposed dates of beginning, completion milestones, and completing work. The Contractor shall submit the project safety plan to the O w n e r for review a minimum of five

(5) days prior to the Pre-construction conference. Notwithstanding this review, Contractor retains full, complete and total responsibility for all job related safety.

D-09. Copies of Notices to Owner. Wherever the General Conditions provide that a copy of any notice, request, or demand filed by the Contractor shall be furnished to the Owner, such notice, request or demand shall not become effective until the Owner’s copy shall have been received by the Owner. No notice in writing or orally to the Owner’s Representative is notice to the Owner unless copy of the aforesaid notice in writing shall have been properly served upon the Owner at the address shown in the Contract.

D-10. Contractor’s Warranty as to Performance. The Contractor warrants that he is familiar with the codes applicable to the work and that he has the skill, knowledge, competence, organization, and plant to execute the work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor, having the obligation to keep a competent superintendent on the work during its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among his employees, the Contractor, himself, is responsible for seeing that the work is installed in accordance with the Contract Documents. The Contractor warrants to the Owner that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements may be considered defective.

D-11. Mutual Responsibility of Contractors. Should the Contractor cause damage to any separate Contractor on the work the Contractor agrees, upon due notice, to settle with such Contractor by agreement if he will so settle. If such separate Contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at his own expense, and if any judgment against the Owner shall arise therefrom, the Contractor shall pay or satisfy it and pay all costs incurred by the Owner.

D-12. Shop Drawings. The Contractor shall review, approve and submit to the Owner all Shop Drawings, Product Data and Samples required by the Contract Documents for approval. The Work shall be in accordance with approved submittals.

D-13. Safety Program. Five (5) days prior to the preconstruction meeting, the Contractor shall prepare and submit to the Owner a specific safety program for the Work. The Contractor shall establish and require all subcontractors to establish reasonable safety programs. No imposition of responsibility on the Contractor for safety under this Contract shall relieve any subcontractor of its responsibility for safety of persons or property on or near the Project Site. The Contractor shall include in his plan the name(s) of the person(s) in charge of Safety.

D-14. Samples. The Contractor shall furnish for approval all samples as directed. The work shall be in accordance with approved samples.

D-15. Materials, Appliances, and Employees

a. Payment for. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

b. Quality of Materials and Workmanship. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of the quality required by the specifications. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials and work. The burden of proof is on the Contractor.

c. Quality and Discipline of Employees. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him.

D-15. Inspection of Existing Facilities Prior to Commencing Work

a. The Contractor shall give a notice in writing prior to commencing work for the purpose of arranging for a joint inspection by the Contractor and the authorized representative of the Owner, during the course of which inspection the three parties to the joint inspection shall prepare a schedule identifying and showing the location of any damage to the existing work which is ascertainable by inspection. The schedule shall be prepared in four counterpart originals each of which shall be dated and signed on behalf of each part to the joint inspection. An executed and dated counterpart original shall be filed with the Contractor and the authorized representative of the Owner.

b. It is agreed that the preparation of the schedule is for the benefit of the Contractor and is intended to enable him to have the protection afforded by a record of such existing damage as is visually ascertainable. The Contractor shall have no responsibility to repair any damage that shall appear on the above-mentioned schedule nor shall he be responsible for repairing any existing damage which was not ascertainable by visual inspection, or which was not the result of negligence on his part. Subsequently to the signing of the above-mentioned schedule the Contractor shall be responsible for repairing any damage except as noted.

D-16. Protection of Work and Property

a. Duty to Protect Property. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect all other property from damage, injury, or loss arising in connection with the work regardless of who may be the Owner of said property. He shall make good any such damage, injury, or loss except such as may be directly the result of errors in the Contract Documents or such as shall be caused directly by agents or employees of the Owner.

b. Safety Precautions. The Contractor shall comply with the rules and regulations of OSHA and/or the

Department of Labor (O.C.G.A. section 34-2-6), and, where not inconsistent with the foregoing, the “Manual of Accident Prevention in Construction” issued by the Associated General Contractors of America, Inc., for safety and prevention of accidents, and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work arising out of and in the course of employment on work under the contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage that may result from their improper construction, maintenance, or operations. He shall erect and properly maintain at all times as required by the conditions and progress of the work proper safeguards for the protection of workmen and the public and shall post danger warnings against any hazards created by the construction operations. He shall designate a responsible member of his organization on the work whose duty shall be the prevention of accidents. In the absence of notice to the contrary, filed in writing to the Owner, this person shall be the superintendent of the Contractor.

c. Emergencies. In an emergency affecting the safety of life or the work or of adjoining property, the

Contractor, without special instruction or authorization from the Owner, shall act, at his discretion, to prevent such threatened loss or injury. Any remuneration claimed by the Contractor on account of emergency work shall be determined in accordance with allowances permitted on force account under Case (c) of D-49 of the General Conditions.

d. Fire Prevention.

1. Contractor shall take adequate and reasonable precautions to protect work against damage by fire and smoke. For example, without limitation, Contractor shall:

a. Provide fire extinguishers in readily accessible locations.

b. Periodically inspect fire extinguishers, remove discharged extinguishers immediately and replace with new or recharged extinguishers.

c. Keep one fire extinguisher within five (5) feet of any welding or open flame operations.

d. Remove oil-soaked and paint-soaked materials, including paper and rags, from building(s) daily, and more frequently as necessary, to eliminate danger of fire.

e. Not permit workmen to smoke inside building(s)s or during operations involving combustible adhesives, solvents, mastics, or other fire hazard materials.

e. Rainwater, Surface Water, and Back-up. The Contractor shall protect all work, including but not limited to excavations and trenches, from rainwater , surface water, and back-up of drains and sewers. The Contractor shall furnish all labor, pumps, shoring, enclosures, and equipment necessary to protect and to keep the work free of water.

f. Dust Control. Dust-proof enclosures or partitions for protection wherever dusty or dirty work is performed and dampening of debris to avoid dusting when removed shall be provided and included as a cost of the work.

D-17. Notices. Any notice, demand, consent, approval, change order, or other material communication required or permitted to be given under this Contract shall be in writing and signed by an officer or duly authorized representative of the Contractor, and shall be addressed as shown in paragraph 7 of the Contract. Prior to any shutdown of any system (electrical, mechanical, etc.), Contractor shall supply not less than five (5) working days’ notice to the Owner. No shutdown of any system shall occur until the Contractor has received permission from the Owner in writing.

D-18. Working Hours. The Contractor shall perform all work, make all deliveries and have access to work areas as agreed to with the Georgia World Congress Center but shall bear without any contribution from the Owner, any extra expense and responsibility, including, without limitation, its own overtime expense.

Contractor’s promise to perform the work under the contract within the maximum time stated is not dependent on the availability of the working area for hours other than identified hereinabove.

D-19. Building Occupancy

a. Contractor recognizes and agrees that portions of the building(s) are occupied by State employees performing essential tasks necessary to the efficient operation of State government. Consequently, Contractor agrees that he shall perform his work in such a manner as to provide the least possible disruption to the occupants of the building. Accordingly, the Contractor agrees to the following stipulations, but without limitation:

1. The Contractor and its personnel shall not use the passenger elevators for transportation of equipment, supplies, goods and material unless otherwise agreed to in writing by the Owner.

2. The Contractor’s employees may (if approved in writing by the Owner) use toilets designated by the Owner in the building(s). Temporary toilets will not be allowed on the site. The Contractor shall be responsible for maintaining the toilet or toilets in a clean, sanitary condition. If, in the opinion of the Owner, the Contractor fails to keep the designated toilet or toilets in a clean and sanitary condition, the Owner shall direct the Contractor to maintain a full-time person in the toilet or toilets at no additional cost to the Owner to ensure that the toilet or toilets are maintained in a clean and sanitary condition.

3. The Owner will not provide parking space for the Contractor or Contractor’s employees, unless otherwise agreed to in writing by the Owner, except for vehicles which are loading or unloading goods, equipment, supplies and materials in the loading area. Contractor shall not block any loading dock area or permit its employees to park in this area.

4. No project or advertising signs of any description will be allowed. Contractor shall provide directional and warning signs at protective barricades to assure safe passage of pedestrians in and near areas of work.

5. The Contractor shall generally be prohibited from entering areas of the building(s) except where work is in progress. Work and access shall cause as little disruption to building occupants as possible. The Contractor shall give a minimum of five (5) working days advance notice and shall receive permission from the Owner for building access other than during normal business hours.

6. Contractor shall be responsible for the proper attire and actions of all workmen at all times. Any improper attire or action by any person is cause for immediate dismissal of the offending person from the site and project.

7. Contractor shall remove an employee (or any person working on behalf of the Contractor) upon notice that such person does not meet the requirements of the Contract or upon notice the Owner does not want such person (with or without cause) working on the Owner’s premises.

D-20. Indoor Air Quality. The building(s) will be in use and occupied during construction. Contractor shall schedule work and provide temporary ventilation and/or isolation to ensure that fumes from welding, other construction tasks, and out-gassing from construction materials do not migrate to occupied areas.

D-21. Hazardous Material. A Hazardous Material is any substance or material identified as of the date of the

Agreement as hazardous under any governmental law, rule, or regulation, or otherwise subject to governmental requirements concerning handling, disposal, and/or cleanup. Except for hazardous materials specifically identified to be remediated by the Contract Documents or Change Order, the Contractor shall not be required to perform any work related to hazardous materials encountered at the Site. The Contractor is fully responsible for any Hazardous Materials brought on the Site by any party, other than the Owner, who has a contractual relationship with the Contractor to perform Work under the Contract Documents. If the Contractor knows of the presence of hazardous materials in any form existing on or delivered to the Site, the Contractor shall immediately notify the Owner as to the quantity and nature of the hazardous material.

D-22. Utilities. Except for the cost of connection, the Owner shall furnish without cost to the Contractor all water and electricity as presently available at the site required to do the work. The Contractor shall make connection to utilities at locations agreeable to the Owner. The Contractor shall pay all costs for connections and extending these to the area where it proposes to use them.

D-23. Royalties and Patents. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall hold the Owner harmless from loss on account thereof.

D-24. Surveys, Permits and Regulations

a. General. The Owner shall furnish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be obtained and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the Owner unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work. If the Contractor observes that the drawings or specifications are at variance therewith, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules or regulations without such notice to the Owner, he shall bear all costs arising therefrom.

b. Codes

1) International Building Code, with Georgia State Amendments

2) International Mechanical Code, with Georgia State Amendments

3) International Fuel Gas Code, with Georgia State Amendments

4) International Plumbing Code, with Georgia State Amendments

5) International Electrical Code, with Georgia State Amendments

6) International Energy Conservation Code, with Georgia State Amendments

The latest edition of the above listed codes with all amendments as of the date of the opening of bids shall govern the installation of all work and is adopted and incorporated into the Contract Documents and made a part thereof by reference, Provided, however: That the drawings and specifications shall be adhered to in all cases where they call for quality of materials, quality of workmanship, or quality of construction which is equal to or in excess of the quality required by the above stated codes and Provided also: That there may be no variances from the drawings and specifications except to the extent that the said variances shall be necessary in order to comply with the above stated codes. It shall be the responsibility of the Contractor to familiarize himself with the requirements of the above stated codes.

If there are any express requirements in the drawings or specifications which are at variance to the above stated codes, all changes in the work necessary to eliminate the said requirements and make the work conform to the above stated codes shall be adjusted as provided in the contract for changes in the work.

D-25. Assignment. The Contractor shall not assign the contract or sublet it as a whole nor shall the Contractor assign any moneys due or to become due to him hereunder. Contractors may subcontract portions of the Work, normally performed by subcontractors.

D-26. Separate Contracts. The Owner reserves the right to perform work related to the Project with its own forces, and to award separate contracts in connection with other portions of the Project or other work on the site under these or similar conditions of the Contract. The Contractor shall afford other contractors’ reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly regulate, schedule, connect, and coordinate his work with theirs.

D-27. Use of Premises. The Contractor shall confine his plant, his apparatus, the staging and storage of materials, the operations of his forces, and the work to limits indicated by law, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the premises with his materials. The Contractor shall not load or permit any part of the work to be loaded with weight that will endanger its safety. The Contractor shall enforce the Owner’s instructions regarding signs, advertisements, fires and smoking.

D-28. Bonds.

a. Performance Bond and Payment Bond. The Contractor shall furnish both a performance bond and a payment bond and said bonds shall be provided on the forms as set forth in Exhibit C and Exhibit D.

b. Required Qualifications for Surety. The Contract provides that the surety and insurance companies must be acceptable to the Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the Owner. All bonds at the time of issuance must be issued by a company authorized by the Insurance Commissioner to transact the business of suretyship in the State of Georgia, and shall have a Best Policyholders Rating of “A-“or better and with a financial size rating of Class V or larger.

c. Penal Amount of Bonds, State Law. The Contractor acknowledges and agrees that pursuant to O.C.G.A.

§§13-10-2, 13-10-20, 13-10-40 and 13-10-60, the performance bond and the payment bond must be in a penal amount equal to at least 100% of the Contract Sum. Accordingly, the Contractor warrants and agrees that, for any Change Order increasing the Contract Sum by five percent or more or when the total cost of the work has increased by five percent or more, it shall obtain a written amendment to the payment bond and the performance bond increasing the penal amounts of both bonds to 100% of the Contract Sum, effective as of the date of the Change Order.

D-29. Indemnification, Insurance and Hazards

a. Responsibility. The Contractor shall be responsible to the Owner from the time of the signing the agreement or from the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from any negligent act or omission or breach, failure or other default regarding the work by the Contractor, or any of its subcontractors, its agents, employees or others working at the direction of the Contractor or on its behalf, regardless of who may be the owner of the property.

b. Indemnification Agreement. Contractor hereby agrees to indemnify and hold harmless the Owner, the

State of Georgia and its departments, agencies and instrumentalities and all of their respective officers, members, employees and directors (hereinafter collectively referred to as the “Indemnitees”) from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys’ fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage arising out of or resulting from the performance of this contract or any act or omission on the part of the Contractor, its agents, employees or others working at the direction of Contractor or on its…