Mulituse Sports Complex RFP.pdf

BOARD OF COUNTY

COMMISSIONERS

PROJECT:

CAMDEN COUNTY MULTI-USE SPORTS COMPLEX

DESIGN AND ENGINEERING SERVICES

REQUEST FOR PROPOSAL #P25-1320-03

PROPOSAL DUE:

OCTOBER 17th, 2024 2PM EST

RFP #:P25-1320-03 MULTI-USE SPORTS COMPLEX DESIGN AND ENGINEERING SERVICES

TABLE OF CONTENTS

CHAPTER 1-OVERVIEW

INTRODUCTION TO PROJECT

SCOPE

INSTRUCTIONS TO PROPOSERS

CHAPTER 2-GENERAL TERMS AND CONDITIONS

CHAPTER 3-REQUIREMENTS

PROPOSAL REQUIREMENTS

PROPOSAL PACKET CHECKLIST

FORMS AND AFFIDAVITS

REQUEST FOR PROPOSAL

BACKGROUND

THE CAMDEN COUNTY BOARD OF COMMISSIONERS is currently seeking competitive proposals for consulting services for civil engineering and landscape architecture design, permitting and construction observation assistance for the Camden County Multi-Use Sports “Old Soccer” Complex Renovations Project. The county is seeking a design and engineering firm with broad experience, to include with Camden County, to also provide design and construction supervision for this project. All project activities will be coordinated with designated County staff.

PROJECT TITLE FOR IDENTIFICATION PURPOSES

Camden County Multi-Use Sports Complex Design and Engineering Services

MANDATORY PRE-BID MEETING

There will be a mandatory pre bid meeting held on October 1st, 2024 at 10AM in the Resiliency Center, located at 135 N. Gross Road, Kingsland, GA 31548. After the meeting Camden County will conduct a site visit to the Camden County Multi-Use Sports Complex.

SCOPE

Consultant will provide consulting services for civil engineering and landscape architecture design, permitting, and construction observation assistance for the Camden County Multi-Use Sports “Old Soccer” Complex Renovations. The complex includes parcels 121–020B, 121– 020A, 121K–038A, & 121K–038B totaling 17.55 acres located in St. Marys, Georgia.

The facility renovations will include the following:

o New lighting and site electrical supply improvements.

o New Irrigation system.

o Fields of play grading & leveling, and turf installation.

o Renovation and modification of the existing parking layout, addition of sidewalks and additional parking based on the approved master plan.

o Existing PSA building and utilities (water, sewer, electrical) to remain in service.

o New buildings proposed for the complex include: Restroom Facility and

Maintenance Building. Building design and construction will be managed by Camden County. Budling architectural, electrical, mechanical, structural, and plumbing design will be performed by others.

1. SCOPE OF SERVICES

A. General Consulting

1. Project Team Meetings Consultant shall attend Project meetings and conference calls at the request of Client.

2. Topographic Survey & Utility Locate

The existing conditions base mapping provided by Camden County consists of a topographic survey and utility locate prepared by AKM Surveying. Survey shall include spot elevations, 1’ contour interval survey base map and location of existing structures and utilities. Vertical datum will be referenced to NAVD88. Horizontal datum will be referenced to the boundary survey provided by AKM Surveying.

Additional topographic survey and utility locates will required for the Par 3 Parkway improvements and water main extension. Consultant shall coordinate with County to authorize AKM Surveying for the additional survey.

B. Design Phase

1. Landscape/Hardscape Design

a. Landscape and Hardscape Design Development

Consultant will revise concept based on Camden County’s comments and further develop the selected concept.

• Revise/update landscape and hardscape Illustrative Exhibits with Precedent Images as needed.

• Preliminary design sections to graphically portray design intent.

• Coordination on concept grading. Includes coordination with civil engineer’s drainage requirements.

• Consultant will prepare black and white landscape and hardscape design.

b. Landscape Final Design

The final design will include the following:

• Landscape / Plant Material planting plan and specifications to meet the minimum requirements of the Camden County’s construction budget.

• Coordination with civil engineer on grading associated with planted areas, sidewalks, proposed fields of play.

• The Consultant will prepare final detailed construction landscape planting plans for inclusion in the Construction Documents.

• Coordination with utility company to assist in locating site lighting poles. Consultant shall prepare landscape accent lighting plans. Plans shall include light fixture selection and conduit locations only.

• Opinion of probable landscape installation costs.

c. Hardscape Final Design

Consultant will provide detailed hardscape development plans.

Consultant will develop associated hardscape details, specifications, and opinions of probable construction costs for the work.

The design will include the following:

• Field of Play details and coordination of under drainages per civil engineering plans. Fields of play per Geotechnical Engineer’s percolation test and soil improve recommendation. Proposed soil amendments will be per state cooperative extension’s soil test.

• Entry Signage Detail and for selected sign concept.

• Specialty pavers

• Tabletop crosswalk with specialty pavers based on final site plan.

• Seat walls and raised accent planters.

• Low retaining walls, less than 30” of overall height

• Trellises, arbors, or shade structures – prefabricated manufacture.

• Sidewalk jointing and details.

• Maintenance facility screening / buffer with fencing and plant material.

• Site furnishing and specified outdoor soccer equipment based on Camden County’s program / requirements.

• Coordinate with Camden County on specific Tot lot. The playground system and all associated fall and safety equipment shall be provided by successful manufacturer and contactor.

• Coordinate detailed field grading with civil engineer.

• Schematic low voltage landscape lighting – fixture placement and sports field lighting design plans.

• Coordination with utility company and electrical engineer to assist in locating site lighting poles only.

• Opinion of probable landscape and hardscape installation costs.

2. Irrigation System Design The Consultant will work in coordination with an irrigation design company to provide irrigation design services for the project. Irrigation design services will include:

• Irrigation Design Development of Non-potable system

• Irrigation Construction Drawings o Well and pump design for non-potable system based on available water source and post well assessment results.

• Irrigation Plan Design o Sprinkler head locations, types, arcs and radius Electrical

Control Valve locations, types, size and flow.

o Mainline and Lateral pipe locations, types and sizes.

o Control Wire locations, types and sizes.

o Sleeve locations, types and sizes.

o Controller location(s), type(s) and size(s).

o Sensor types and locations.

o Pumping System type, size and location.

o Utilize existing well recharge system, type, size and location.

o Details for the installation of irrigation system products.

o Specifications for components and installation.

o Water source: utilize existing irrigation well.

3. Irrigation Well Assessment The Consultant will retain a reputable well drilling company to conduct an assessment of the existing water well adjacent to the irrigation system pump house. The well drilling company will remove the well cap and pull the existing submersible pump and evaluate well capacity and condition. Recommendations for repairs and/or upgrades will be prepared and utilized with the irrigation design.

4. Civil Site The Consultant shall prepare site development plans for the proposed renovations and parking to serve the Camden County Multi-Use Sports Complex. These plans shall be submitted to Camden County for review.

The site development plans will include:

• Grading – finish elevations, finish contours, parking lot, and grading information.

• Parking Lot –geometry, layout, and elevations.

• Drainage – structure locations, pipe route and size, inverts and slopes, including preparation of design calculation.

• Three phases of Erosion, Sedimentation, and Pollution Control

Plans for the prosed development

• Construction Details – roads, drainage, water distribution, sanitary sewer, and erosion control.

• Quantity Takeoff and Opinion of Probable Construction Cost for parking lot, sidewalks, grading, including cut and fill calculations for earthwork.

• Technical specifications for clearing, earthwork, drainage systems, erosion control, and paving.

• Design calculations – storm drainage.

• Pro 3 Parkway pavement improvements and water line extension from Kings Bay Road.

5. Electrical and Lighting Design:

The Consultant will retain the services of an Engineering firm to provide the electrical engineering design for the improvements to the Camden County Multi-Use Sports Complex to include:

1. Consultant shall have electrical engineer coordinate service for parking lot lighting and lighting for new fields.

2. Consultant shall provide electrical construction plans and specs ready for bid. Scope to include:

a. Site lighting for the entry road.

b. Parking lot lighting of paved parking lot.

c. Renovated Soccer Fields Lighting

d. Irrigation Pump Station and new restroom and maintenance buildings service.

3. Electrical design for new well and irrigation pump station based on skid mounted pump station (no building) and new well.

C. Permit Phase – Site Consultant shall assist Camden County with the preparation of submittal packages for the construction plan approval. The payment of fees associated with the application process is the responsibility of the Camden County. Consultant shall submit final plans and specifications to the applicable local, state, and federal agencies for review. Agency submittals anticipated for this project include:

• City of St. Marys

• Camden County

• Georgia EPD / NOI NPDES

• Land Disturbing Activities Permit

• GA EPD Water Main Extension Permit

1. ES&PCP/Notice of Intent

Consultant will support Camden County in compliance with the requirements of the permit to Discharge Storm Water Associated with Construction Activity. This assistance will include:

• Submit Notice of Intent (NOI) to the Georgia EPD on behalf of (as a Primary Permittee). This will include a certification that the

Erosion, Sedimentation, and Pollution Control Plan (ES&PCP) has been prepared in accordance with the General Permit.

• Develop a Comprehensive Monitoring Plan (CMP), if required.

The ES&PCP will indicate monitoring locations and may be used in the CMP.

• Provide an initial observation of the measures installed under the ES&PCP within one week after construction activities commence. Additional observations will be conducted as other measures required by the Plan are installed.

• Prepare and submit, as warranted, amendments to the ES&PCP.

D. Construction Phase

Consultant will provide the following services for the Construction Phase:

1. Bid Process As directed by Camden County, Consultant shall assist during the Bid Phase. Services provided during this phase include preparation of contract documents, assembling bid packages, attending, or conducting pre–bid meetings, responding to contractor questions, and preparation of the Consultant’s recommendation letter for award of bid.

2. Construction Services

a. LS/HS Construction Observation As directed by Camden County, the Consultant shall provide the services listed below for the Construction Phase.

• Review material data and shop drawings provided by the Contractor as it pertains to landscape and hardscape contract documents.

• Review and respond to RFI’s related to landscape and hardscape.

• Provide construction observation and monitoring to ascertain that the work is in substantial conformance with the landscape and hardscape contract documents and with the design intent.

• Attend final field inspections with Camden County’s representative. Issue project deficiency memo to Camden County and contractor of items not in accordance with landscape and hardscape plans and specifications.

Contractor will retain services of a construction testing laboratory for the purpose of obtaining tests required in construction specifications. Copies of test results will be provided to the Camden County and the Consultant.

b. Civil Construction Observation:

As directed by Camden County, during the course of construction, the Consultant will provide the following services:

• Review material data, shop drawings, and construction schedules provided by the Contractor.

• Provide construction observation and monitoring to ascertain that the work is in substantial conformance with the contract documents and with the design intent.

• Review record drawings provided by Contractor.

c. Electrical System Construction Observation:

As directed by the Camden County, the Consultant’s electrical engineer shall assist during the Bid Phase and Construction Services Phase.

1. Bidding – Provide any addendum in response to any bidder questions. Does not include attending pre-bid meeting.

2. Construction services to include:

a. Shop drawing review.

b. Respond to contractor RFI’s.

c. Two site visits to review construction.

d. Prepare record drawings based on contractor red-line drawings.

3. Record Drawing Preparation The Consultant shall prepare record drawings based on information supplied by the Contractor. The Contractor will provide a survey regarding the constructed facilities. The survey provided by Contractor shall be certified by a registered surveyor licensed in the state in which the work is performed, if required by the governing agency. The scope does not include fieldwork on the part of the Consultant. The information will be compiled in an AutoCAD format by the Contractor and submitted to the Consultant. The Consultant will review this information to ensure that the information submitted meets the intended design. The Consultant shall not verify or certify that the information submitted by the Contractor or Contractor Representative is correct. The Consultant will submit this information to the reviewing agency. The record drawings will meet the requirements of The City of St. Marys record drawing specifications at the time this contract is executed. In addition, the Record Drawings will include:

• Storm drainage structures, inverts, and frame elevations

• The record drawing will be compiled from field information collected during the survey phase, water and sewer lateral locations as determined in the pad elevation survey, contractor’s notes, and observations made by consultant. The data will be presented in a format for the reviewing agency’s review.

4. Project Closeout

During the course of construction, the Consultant will provide the following services:

• Submit Record Drawings and make revisions as requested by City of St. Marys and Camden County.

• Attend final field inspections by regulating agencies for the project.

• Bond Coordination.

• Request project acceptance by applicable agencies including necessary documents as required by City of St. Marys and Camden County.

2. PERIODS OF SERVICE

A. Design Phase

After receipt of a written notice to proceed from Camden County, the Consultant will commence and complete work upon a mutually agreed upon schedule between Camden County and the Consultant.

B. Permit Phase

After receipt of a written notice to proceed from Camden County, the Consultant

C. Construction Phase

After receipt of a written notice to proceed from Camden County, the Consultant

SOLICIATION SCHEDULE:

RFP Published 9/19/2024

Mandatory Pre Bid 10/1/2024 at 10:00 AM Deadline for Questions 10/5/2024 Proposal Due Date 10/17/2024 (No later than 2 p.m. EST)

Public Proposal Opening 10/17/2024 (2 p.m. EST) Board of Commissioners Approval 11/19/2024 Letter of Intent to Award 11/20/2024

To be considered, proposals must be received by 2:00 pm, October 17th, 2024. All proposals must be sealed and should be clearly labeled. Any proposals received after 2:00 pm, on October 17th, 2024 will not be considered.

PROPOSAL CONTENTS

Responses are to be returned to Camden County Purchasing Officer Kelsey Kelley, where an initial evaluation of the proposals will be completed. Those evaluations will be submitted to Camden County for final selection.

Respondents are requested to include letterhead pages immediately behind the cover letter that briefly, directly, and exactly answers the following evaluation criteria questions:

1. History of the firm including, but not limited to length of time the firm has been providing the specific services requested herein and its principal personnel including resumes of the principals.

2. The firm’s experience. Please refer to specific pages in the proposal that answer each category of experience. References must include names, telephone numbers of local governments, personnel involved, and a brief description of the project.

3. The firm’s prior experience with Camden County (If applicable). Please refer to specific pages in the proposal that answer each category of experience.

4. The name(s) and professional experience of the firm’s key personnel who will be assigned to the project including resumes.

5. Cost schedules for general services, in addition to cost schedules for additional services.

a. Fees for reimbursable expenses, if applicable.

6. The firm must provide a professional services contract. (Note: The contract will be written as “direct costs plus a fixed fee, not to exceed a lump sum.” The firm should also include the percentage fee that it normally charges for design and construction administration on this size project and a list of other services included under the contract.)

7. A proposed plan to implement the project, including key timelines and milestones.

8. A written release authorizing all investigations necessary.

INSTRUCTION TO PROPOSERS

1. EXPLANATION TO PROPOSERS

Any explanation regarding the meaning or interpretation of the proposal documents must be requested in writing, by October 11th and the questions will be answered by October 14th. Any such explanations or interpretations shall be made in the form of addenda to the documents and shall be furnished to all proposers, who shall acknowledge receipt of all addenda with their proposals. Oral explanations and interpretations made prior to the proposal opening shall not be binding.

2. PROPOSERS' UNDERSTANDING

Proposers shall visit the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, etc. The Owner shall make available to all prospective proposers, previous to the receipt of proposals, information that it may have as to sub-soil conditions and surface topography at the work site. Such information shall be given as the best factual information available without being considered as a representation of the Owner.

3. PREPARATION OF PROPOSALS

A. Proposals shall be submitted on the forms provided herein. These forms must be signed by the proposer or his authorized representative. Any corrections to entries made on proposal forms should be initialized by the person signing the proposal.

B. Proposers must quote on all items appearing on proposal forms, unless specific directions in the advertisement, on the proposal form, or in the special specifications allow for partial proposals. Failure to quote on all items may disqualify the proposal at election of the Owner. When quotations on all items are not required, proposers shall insert the words "no proposal" where appropriate.

C. Alternative proposals will not be considered unless specifically called for.

D. Any Proposer may modify his Proposal in writing at any time prior to the scheduled closing time for receipt of proposals , provided such is received by the County prior to closing time, and, provided further, the County is satisfied that a written communication of the telegraphic modification over the signature of the Proposer was mailed prior to closing time. The communication should not indicate the Proposal price, but should only include the modifications to each item by addition or subtraction so that final prices will not be known prior to the opening of the Proposals. Any modification to the Proposal by telegraphic means that is not confirmed in writing within two days of the closing time will be discarded and no consideration will be given to such modification.

E. Proposers are advised that the County is intent on completing the construction of this project in a timely and orderly manner to minimize inconvenience to the public and to reduce the cost to the County for inspection and administrative expense. The provisions of contract pertaining to the completion of the work will be strictly enforced.

5. SUBMISSION OF PROPOSALS

Proposals must be submitted as directed in the Request for Proposal.

6. RECEIPT OF PROPOSALS

Proposals shall be submitted prior to the time fixed in the Invitation for Proposals.

Proposals received after the time so indicated shall be returned unopened.

7. WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn at any time prior to opening upon written or telegraphic request of the Proposer. Negligence on the part of the Proposer in the preparation of its Proposal shall not be grounds for modification or withdrawal of a proposal after the time set for proposal opening.

8. PRESENCE OF PROPOSERS AT OPENINGS

At the time and place fixed for opening proposals, names of proposers will be made public for the information of all proposers and other interested parties, who may be present in person or by representative.

9. ONE PROPOSAL RECEIVED

In the event only one proposal is received, the Owner reserves the right to accept the proposal or to re-advertise and re-proposal the project.

10. REJECTION OF PROPOSALS

The Owner reserves the right to reject any and all proposals.

11. CONTRACT, BONDS, AND INSURANCE

A. The proposer(s) to whom award is made shall enter into a written contract with the Owner within the time specified in the Proposal.

B. A bid bond of 5% (five percent), of the project is required with the proposal. Performance and payment bonds shall be furnished at the time of signing the formal agreement. These bonds must be in the form provided herein. These bonds shall be issued from a company licensed to do business in Georgia and shall be signed or counter signed by a Georgia resident agent and shall have a proper Power of Attorney evidencing the authority of the individual signing the bond. These bonds shall be in an amount equal to the Contract amount.

C. The Contractor shall secure and maintain such insurance policies as are required.

Insurance shall be in accordance with the General Terms and Conditions included herein.

12. PROPOSALS

A. Proposals containing reservations, conditions, omissions, unexplained erasures or alterations, items not required in the proposal, or irregularities of any kind, may be rejected by the Owner as being incomplete and not qualified for consideration.

B. Each Proposal shall indicate the full business name and address of the Proposer, and shall be signed by him with the usual signature. It shall also set forth the type of business organization, i.e., corporation, partnership, individual owner.

C. A Proposal submitted by a partnership shall list the names of all partners and shall be signed in the partnership name by one of the members of the partnership. If there is no partner who is a Georgia resident, the name and address of an entity designated to receive service of process for the partnership in Georgia must be provided.

D. A Proposal submitted by a Corporation shall be signed by the legal name of the

Corporation, followed by the state of incorporation and the title designation of the Corporation in legal matters. The name of each person signing the Proposal shall be typed or printed below the signature. If not a Georgia Corporation, there must also be evidence that the corporation is licensed to do business in Georgia.

E. A Proposal from an individual who is not a Georgia resident shall provide the name and address of an entity in Georgia with the authority to accept service of process for the individual.

13. POWER OF ATTORNEY

A Power of Attorney, or other satisfactory evidence of the authority of the officer signing in behalf of the Corporation, shall be furnished for the Owner's records.

END OF SECTION

GENERAL TERMS & CONDITIONS

The Contract with the successful proposer will contain the following contract terms and conditions:

1. PROCEDURES

The extent and character of the services to be performed by the Contractor shall be subject to the general control and approval of the Owner. Any change to the contract must be submitted in writing and approved by the Purchasing Officer of Camden County.

2. LICENSE REQUIREMENT

All General Contractors doing business in Camden County are required to hold a current valid business license within the municipality where the home office is located and must be a certified contractor with the State of Georgia.

3. INSURANCE

The Contractor shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the County by the Contractor, his agents, representatives, employees or subcontractors.

Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the Contractor for the duration of the contract period. The Contractor shall not perform any work unless he has obtained and continues to maintain for the duration of such work, such worker's compensation coverage as may be required pursuant to the provisions of Title 34 Chapter 9 of the Official Code of Georgia.

(a) Liability The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them. Such certificates shall be in form and substance reasonably acceptable to the Owner, shall indicate that, except in respect to workers compensation insurance coverage and professional errors and omissions, Owner is an additional insured with respect to such coverage, and shall indicate that such coverage is primary and not contributory with any similar insurance purchased by the Owner. The certificates shall contain a provision that the insurer will endeavor, if allowed by the policy, to provide Owner with thirty (30) calendar days’ notice of nonrenewal, cancellation, or termination of the coverage. If the contractor receives a nonrenewal. cancellation, or termination notice from an insurance carrier affording coverage required herein, the contractor agrees to notify Owner by fax within two (2) business days with a copy of the nonrenewal, cancellation, or termination notice, or written specifications as to which coverage is no longer in compliance. Failure to comply with any of the provisions relating to insurance coverage herein shall be deemed a material breach if not cured. The contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

(b) Indemnity To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the County, Engineer, Engineer’s Consultants and the Officers, Directors, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence.

Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.

In as much possible, the contractor shall be responsible for damages they may cause, unforeseen damages are responsibility.

(c) Bonds Successful supplier will be required to meet insurance requirements, submit a bid bond five percent (5%) of the total project, a one hundred percent (100%) PERFORMANCE bond and a one hundred percent (100%) PAYMENT bond. Insurance and Bonding Company should be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by The Georgia Insurance Department, listed in the Department of Treasury's Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond and performance bond must have an A.M. Best rating of A-5 or higher.

(d) Comprehensive General Liability The contractor shall always exercise proper precaution for the protection of persons and property. He shall carry approved insurance from insurance companies authorized to do business in Georgia and having an A.M. Best’s rating of A+ or better with the following minimums:

*The limits of insurance are as follows:

1. General liability insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per occurrence) and One Million (1,000,000) Dollars aggregate;

2. Automobile liability insurance of at least One Million (1,000,000) Dollars (Combined Single

Limit per occurrence for bodily injury or property damage); and

3. Statutory Workers’ Compensation Insurance as will protect the contractor from Workers’ Compensation Acts.

Employers Liability:

Bodily Injury Accident - $1,000,000 Each Accident Bodily Injury by Disease - $1,000,000 Policy Limit Bodily Injury by Disease - $1,000,000 Each Employee

4. EXEMPTION OF TAXES

The Contractor shall not charge the County directly for any sales or excise tax. The County is exempt from State Sales Tax. Tax Exemption Certificates indicating the County’s tax-exempt status will be furnished by the County on request. The Contractor shall be responsible for any payment of any sales, use, or excise tax. This exemption does not include materials purchased and used by a contractor for a construction project.

5. WARRANTY

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 technicians, 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.

(a)Duty to Protect Property: The Contractor shall continuously maintain adequate protection of all his work 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 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)The Contractor shall promptly correct any Work rejected by the owner as defective or as failing to conform to the Contact Documents whether observed before or after Completion and whether or not fabricated, installed or completed, and shall correct any work found to be defective or nonconforming within a period of 30 days. The provisions of the Article apply to work done by subcontractors as well as work done by direct employees of the Contractor.

(c)Warranty of Contractor: The Contractor warrants that the subcontractors selected by him are reputable, skilled, reliable, competent, qualified in the trade of field in which they are to perform on the project, and thoroughly familiar with applicable codes.

(d) Contractor Responsible for Acts and Omissions of Subcontractors, Materialmen, Suppliers and Employees. The Contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors, materialmen, suppliers, and employees and of person either directly or indirectly employed by them as he is for that acts and omissions of persons directly employed by him. The Contractor acknowledges and affirms that his subcontractors, materialmen, suppliers, employees, and/or any person either directly or indirectly employed by them are not acting as employees or agents of Camden County, Georgia.

(e)Warranty and Guaranty: The Contractor warrants and guarantees that all work executed under the Contract Documents shall be free from defects of materials or workmanship. All written guarantees or warrantees as called for in the specifications shall specify the term and contact information for enforcement and shall be in such form as to permit direct enforcement by the Owner against and Trade Contractor, subcontractor, materialman, or manufacturer related to the guarantee. The effective date of all warranties and guarantees shall be the date of the Certificate of Material Completion. Warranties, guarantees, and manufacturer’s certificates shall be provided to the Owner in a three ring binder(s) with a summary list of contents.

(f)Correction of Work after Payment: No provision in the contract shall relieve the contractor of responsibility for faulty materials, faulty workmanship, or omission of contract work, and he shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other work resulting therefrom. The Owner shall give notice of observed defects or omissions with reasonable promptness. The Contract shall within the space of time designed in the notice of non-compliant work and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted work, or remove from the premises all non-compliant work noted by the owner.

The Contractor shall give prompt notice in writing to the owner, upon completion of the supplying of any omitted work or the correction of any non-compliant work. In the absence of said notice, it shall be and is presumed under this contract that there has been no correction of the non-compliant work or supplying omitted work. If the Contractor does not remove, make good the deficiency, correct or remedy faulty work, or supply any omitted work within the space of time designated in notice of non-compliant work without expense to the Owner, the Owner, after ten days’ notice in writing to the Contractor, may remove the work, correct the work, remedy the work or supply omitted work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once. Correction of defective work executed under the requirements listed herein or supplying of omitted work whether or not covered by warranty of a subcontractor or material man, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the same shall have been extinguished by operation of the statute of limitations. As additional security for the fulfillment of such obligation, but in no way limiting the same, the Contractor warrants and guarantees (1) that all work executed under the requirements listed herein shall be free from defects of materials or workmanship throughout the entirety of this contract. Whenever written guaranties or warranties are called for, the Contractor shall furnish the aforesaid for such period of time as may be stipulated. The aforesaid instruments shall be in such form as to permit direct enforcement by the Owner against any subcontractor, materialman, or manufacturer whose warranty is called for, and the Contractor agrees that:

1. The contractor is jointly and severally liable with such subcontractors, materialmen, or manufacturers.

2. The said subcontractors, materialmen, or manufacturers are agents of the Contractor for purposes of performance under this article, and the Contractor, as principal, ratifies the warranties or guaranties of his aforesaid agents by the filing of the aforesaid instruments with the Owner. The Contractor as principal is liable for the acts or omissions of his agents.

3. Service of notice on the Contractor that there has been breach of any warranty or guaranty will be sufficient to invoke the terms of the instrument, Provided: That the owner shall have furnished the Contractor with a copy of notice served on the subcontractor, materialman, or manufacturer.

4. The Contractor will bind his subcontractor, materialman, and manufacturers to the terms of the article.

The calling for the furnishing of written warranties shall in no way limit the contractual obligation of the Contractor as set forth hereinabove. The remedies stated in this article are in addition to the remedies otherwise available to the Owner, do not exclude such other remedies, and are without prejudice to any other remedies.

6. METHOD OF PAYMENT

Contractors shall provide their federal employer identification number on a standard W-9 form within 15 days after award in order not to delay payment. Contractor shall submit request for payment directly to Camden County Facilities Maintenance for payment issuance. Invoices shall be submitted to:

Camden County Board of Commissioners Attn: Deputy County Administrator P O Box 99 Woodbine, GA 31569

Upon inspection and acceptance of the work, the County will render payment, less any retainage or penalties if applicable, within thirty (30) days.

7. TERMINATION

Subject to the provisions below, the Contract may be terminated by the County upon one hundred twenty (120) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then the Contract may be extended upon written approval of the County until said work or services are completed and accepted.

(a) Termination for Convenience -- The County may terminate this Contract for convenience at any time in which case the parties shall negotiate reasonable termination

(b) Termination for Cause -- In the event of Termination for Cause, the one hundred twenty

(120) days advance notice is waived and the Contractor shall not be entitled to termination

8. SEVERABILITY

In the event that any provision of this contract shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.

9. VERBAL AGREEMENTS

No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of this Contract shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract.

10. OBLIGATIONS AND LIABILITY OF THE CONTRACTOR

The Contractor shall do all the work and furnish all the materials, tools, and appliances, except as herein otherwise specified, and everything necessary for properly performing and completing the work required by the Contract, in the manner and within the time specified.

All loss or damage arising out of the performance or nature of the work, or any damage to the work itself to be done under this contract or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the same, or from the action of the elements or from any cause or causes whatsoever, until the same shall have been finally accepted, shall be sustained and paid for by the Contractor.

The Contractor shall coordinate his operations with those of any other contractors who may be employed on other work of the Owner and shall avoid interference therewith and cooperate in the arrangements for storage of materials.

The Contractor shall conduct his work so as to interfere as little as possible with private business and public travel. He shall, at his own expenses, wherever necessary, or required, maintain fences, furnish watchmen, maintain lights, and take such other precautions as may be necessary to protect life and property.

The Contractor shall take all responsibility for the work done under this Contract, for the protection of the work, and for preventing injuries to person, and damage to property and utilities on or about the work. He shall in no way be relieved of his responsibility by any rights of the Owner to give permission or issue orders relating to any part of the work, or by any such permission given or orders issued, or by failure of the Owner to give such permission or issue of the work. The Contractor shall bear all losses resulting to him or to the Owner on account of the amount or character of the work, or because of the nature of the land in or on which the work is done is different from what was estimated or expected, or on account of the weather elements or other causes. The Contractor shall assume the defense of all claims arising out of injury or damage to persons, corporations, or property, whether said claims arise out of negligence or not, or whether said claims are for unavoidable damage or not, and from all claims relating to labor and materials furnished for the work and from all expenses incurred in defending or settling such claims, including reasonable attorney's fees.

The Contractor shall not conduct his operations as not to damage existing structures or work installed either by him or by other contractors. In case of any such damage resulting from his own operations, he shall repair and make good as new the damaged portions at his own expense.

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 stick 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. Failure or omission on the part of the Owner or his authorized representatives either to discover or to bring to the attention of the Contractor any deviation from, omission from, or non-compliance with the Contract Documents shall not be set up by the Contractor as a defense of failure to his part to install the work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract.

11. RESPONSIBILITIES OF THE CONTRACTOR

A. Subcontractor, Manufactures and Suppliers: The Contractor shall be responsible for the adequacy, efficiency and sufficiency of subcontractors, manufactures, suppliers and their employees.

B. Contractor's Employees: The Contractor shall be responsible for the adequacy, efficiency and sufficiency of his employees. Workers shall have sufficient knowledge, skill and experience to perform properly the work assigned to them.

C. Payment For Labor and Materials: The Contractor shall pay and require his subcontractors to pay any and all accounts for labor including Workers Compensation premiums, State Unemployment and Federal Social Security payments and other wage and salary deductions required by the law. The Contractor also shall pay and cause his subcontractors to pay any and all accounts for services, equipment, and materials used by him and his subcontractors during the performance of the work under this contract. Such accounts shall be paid as they become due and payable. If requested by the Owner, the Contractor shall furnish proof of payment of such accounts to the Owner.

D. Attention to Work: The Contractor, acting through his representative, shall give personal attention to and shall manage the work so that it shall be prosecuted faithfully. When his representative is not personally present at the project site, his designated alternate shall be available and shall have the authority to act on the contract.

E. Employee Safety: The Contractor alone shall be responsible for the safety of his subcontractor's employees. The Contractor shall maintain the project site and perform the work in a manner that meets the Owner's responsibility under statutory and common law for the provision of a safe place to work.

F. Public Safety and Convenience: The Contractor shall conduct his work to insure the least possible obstruction to traffic and inconvenience to the public and the residents in the vicinity of the work and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner and the proper government authority. Fire hydrants on or adjacent to the work shall be accessible to firefighting equipment. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, private driveways and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditcher and natural watercourses.

12. COMPLIANCE WITH LAWS

The Contractor shall keep himself fully informed of all existing and future State and Federal Laws, all regulations of the various departments or agencies of the State of Georgia, and municipal ordinances and regulations in any manner affecting those engaged or employed in the work, or the materials used in the work, or in any way affecting the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered, in the Contract for this work in relation to any such law, ordinance, regulations, order, or decree, he shall forthwith report the same to the Owner in writing. He shall at all times himself observe and comply with, and cause all his agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner against any claim or liability arising from or based upon violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees or any subcontractor.

13. REFERENCE STANDARDS

Reference to the Standards of any technical society, organization or association or to codes of local or state authorities, shall mean the latest standard, code, specifications, or tentative standard adopted and published at the date of taking bids, unless specifically stated otherwise.

14. MATERIALS

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, supervision and other facilities necessary for the execution and completion of the work.

15. ACCESS

The Contractor shall maintain access to the property owners adjacent to the Project covered by the Contract.

16. AUTHORITY OF CONTRACTOR

The Contractor shall notify the Owner in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this contract.

The Contractor shall supervise and direct the work. He has the authority to determine the means, methods, techniques, sequences and procedures of construction, except in those instances where the Owner, to define the quality of an item of work, specifies in the contract, a means, method, technique, sequence or procedure for the construction of that item of work.

17. PROTECTION OF THE PUBLIC AND PROPERTY

The Contractor shall provide and maintain all necessary watchmen, barricades, lights, flagmen and warning signs and take all necessary precautions for the protection of the public. The Contractor shall provide a plan for implementation of this requirement if the Owner requests one.

18. PROTECTION AND RESTORATION OF OTHER PROPERTY

The Contractor shall not enter upon private property for any purpose without first obtaining permission, and he shall use every precaution necessary to prevent damage or injury to any public or private property. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or due to his failure to execute said work, or at any time due to defective work or materials, and he shall not be released from said responsibility until the work has been completed and accepted.

19. MAINTENANCE OF TRAFFIC AND SEQUENCE OF OPERATION

The work shall be arranged and conducted so that it can be performed without interference to all vehicular and pedestrian traffic. If traffic operation on public streets or road will be affected by the work, the contractor shall obtain all permits required and shall conform to all relevant laws and regulations.

20. LOT CORNERS

In the course of the work, it may be necessary to disturb and remove the established lot or property corners of some of the properties. The Contractor shall be required to record all property corners removed as described above, or all lot or property corners destroyed by the Contractor's…