Project Manual-Specifications

Project No.40200-319-AGR0000012

Title: Moultrie Market Cooler Addition

Opening Date & Time: Tuesday, December

18, 2012

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

Respond To: 19 Martin Luther King Jr. Dr. Room 222

Phone: 404-656-5645 Fax: 404-651-7612

SCAR - Agency Managed Project Manual

PROJECT MANUAL

Moultrie Market Cooler Addition

PROJECT NO. 40200-319-AGR0000012

MOULTRIE, GEORGIA

November 13, 2012

GEORGIA DEPARTMENT OF AGRICULTURE

19 Martin Luther King Jr. Dr. Room 222

Atlanta, Georgia 30334

Opening Date & Time: Tuesday, December

18, 2012

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

Respond To: 19 Martin Luther King Jr. Dr. Room 222

A-1

Invitation to Bid

Moultrie Market Cooler Addition

PROJECT NO. 40200-319-AGR0000012

TABLE OF CONTENTS

Project Manual Title Sheet

Table of Contents ........................................................................................................................ 2 Pages

Section A: Invitation to Bid ......................................................................................... Page A-1 to A-2

Section B: Bid Form ................................................................................................... Pages B-1 to B-4

Section C: Instructions to Bidders .............................................................................. Pages C-1 to C-4

Section D: Construction Contract ............................................................................... Pages D-1 to D-3

Section E: General Conditions……………………………………………………..Pages E-1 to E-28

Section F: Supplementary General Conditions……………………………………………...Pages F-1

Section G: Exhibits

Technical Specifications

Specifications Page H-1 to H-10

Drawings:

Floor Plan: ……………….…A1

Front and Side Elevations......A2, A3

Bollard Details:……………..A4

Building Sections: ………….A5

Plumbing Plan: ……………..P1

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

Respond To: 19 Martin Luther King Jr Dr Room 222

SCAR - Agency Managed Project Manual A-2

GSFIC-AD-180 (1-06-11)

SECTION A

INVITATION TO BID

Project No. 40200-319-AGR0000012

A-01. Notice is hereby given that the Georgia Department of Agriculture will accept electronic bids at doas.ga.gov(Team Market Place) on behalf of GDA-Moultrie Market (Owner) for Cooler Addition 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 electronic bids as received will be opened and reviewed on December 18 , 2012 at 2:00PM . All electronic bids must be received by the Georgia Department of Agriculture, via the web site doas.ga.gov(Team

Market Place), prior to that 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 ISSUING OFFICER LISTED BELOW:

Verneicher Favors

19 Martin Luther King Jr Dr. Room 222

Atlanta, Georgia 30334

404-656-5645 verneicher.favors@agr.georgia.gov

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. GDA reserves the right to reject any bid for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the GDA.

IMPORTANT

A MANDATORY PRE-BID CONFERENCE will be held beginning at Moultrie State Farmers Market

(1525 1 st Ave. SE Quitman Highway, Moultrie, Georgia 31768) on Thursday, November 29, 2012 at

11:00AM. GDA 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-05. Bid documents are available at no charge and may be downloaded from the internet by visiting the State

Purchasing website at www.doas.ga.gov(Team Market Place). Bidder should check the web site daily for updates, addenda and any other additional information.

A-06. If required each bid must be accompanied with a BID BOND (Bond only; certified checks or other forms are not acceptable) in an amount equal to 5% of the base bid, payable to the Georgia Department of Agriculture 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, Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

SCAR - Agency Managed Project Manual A-2

GSFIC-AD-180 (1-06-11)

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 GDA is not obligated to any party to reimburse such expenses. All submittals, upon receipt, become the property of GDA.

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: Verneicher Favors

Georgia Department of Agriculture

Atlanta, Georgia 30334

Phone: 404-656-5645

Fax: 404-651-7612

Email: verneicher.favors@agr.georgia.gov

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

B-1

Bid Form

SCAR - Agency Managed Project Manual

SECTION B

BID FORM

BID CLOSING DATE: December 18, 2012

BID CLOSING TIME: 2:00PM

TO: Procurement Division

Georgia Department of Agriculture

300 Patrol Rd.

Forsyth, Georgia 30334

Gentlemen:

B-01. Having carefully examined the Bidding Documents entitled: Moultrie State Farmers Market Cooler Addition, dated November 13, 2012, and

Addendum(a) No.(s)______________________________________ , [the state reserves the right to disqualify any bid submitted which fails to acknowledge receipt of all issued addendum (a)] 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.”

B-02. No Alternates Requested.

B-03. 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-04. 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 (on a form supplied by the Georgia State Financing and Investment Commission, when a stipulated sum forms the basis of payment) for the Work for the above stated compensation and at the same time to furnish and deliver to the Owner a Performance Bond and Payment Bond in accordance with the forms shown in Exhibits C & D and the General Conditions of the Contract, both in an amount equal to 100% of the Contract sum. The surety must be one which is licensed to do business in the State of Georgia.

B-05. 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-06. 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 120 consecutive calendar days from and including date of the proceed order.

B-07. Enclosed herewith is a bid bond (Bid Bond only, Bonding Company Form is Acceptable; certified checks or other forms of bid security are not acceptable) in the amount of

DOLLARS

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

Agriculture. 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.

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

B-2

B-08. 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.

This portion intentionally left blank

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

B-3

B-09. The bidder submits the following statement of bidder’s qualifications for consideration by the Owner.

STATEMENT OF BIDDER’S QUALIFICATIONS

(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-10. 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-11. 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.

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

B-4

SCAR - Agency Managed Project Manual

B-12. 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:

NOTICE TO BIDDERS

1) MAKE SURE YOU HAVE SIGNED THIS BID FORM IN THE SPACE PROVIDED ABOVE.

2) MAKE SURE YOU AND YOUR SURETY HAVE PROPERLY EXECUTED THE BID BOND.

3) IF APPLICABLE, BIDDER SHOULD INCLUDE PAST WORK EXPERIENCE AND REFERENCES

AS INDICATED IN SECTION C, ARTICLE C-17 AWARD.

4) INCLUDE THE GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

WITH YOUR BID, SEE SECTION G, EXHIBIT E.

Statistical Information. This request is made for statistical purposes only.

B-13. 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.

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

C-1

Instructions to Bidders

SCAR - Agency Managed Project Manual

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 made payable to the Georgia Department of

Agriculture (“Owner”) 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. Prebid Meeting. A mandatory prebid meeting will be held at the time and place listed in Section A - Invitation to Bid. All bidders are required to attend the mandatory prebid meeting. A time for access to the project site is scheduled for the mandatory prebid meeting and a general discussion of the project will take place. The

GSFIC reserves the right to disqualify bidders arriving late to the pre-bid conference.

C-04. 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 Design Professional and the

Contracting Officer not later than six (6) calendar days prior to the date set for receipt of bids. 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-05. Trade Names.

a. No Restriction of Competition. When reference is made in the Contract Documents to trade names, brand names, or to the names of manufacturers, such references are made solely to indicate that products of that description may be furnished and are not intended to restrict competitive bidding. If it is desired to use products of trade or brand names or of manufacturers’ names which are different from those mentioned in the bidding documents, application for the approval of the use of such products must reach the hands of the

Design Professional and the Contracting Officer at least ten (10) calendar days prior to the date set for the opening of bids. The latter provision is a restriction that applies only to the party making a submittal.

Therefore, the aforesaid restriction does not inhibit the Owner from adding trade names, brand names or names of manufacturers by addendum.

b. Burden of Proof. The burden of proving acceptability of a proposed product must be accompanied by technical data that the party requesting approval desires to submit in support of his application. The Design

Professional will give consideration to reports from reputable independent testing laboratories, verified experience records showing the reputation of the proposed product with previous users, evidence of reputation of the manufacturer for prompt delivery, evidence of reputation of the manufacturer for efficiency in servicing its products, or any other written information that is helpful in the circumstances.

The application to the Design Professional for approval of a proposed product must be accompanied by a schedule setting forth in which respects the materials or equipment submitted for consideration differ from the materials or equipment designated in the bidding documents. The degree of proof required for approval of a proposed product as acceptable for use in place of a named product or named products is that amount of proof necessary to convince a reasonable person beyond all doubt. To be approved, a proposed product must also meet or exceed all express requirements of the Contract Documents.

c. Issuance of Addenda. If the submittal is approved by the Design Professional, an addendum will be issued to all prospective bidders. Issuance of an addendum is a representation to all bidders that the Design

Professional in the exercise of his professional discretion established that the product submitted for approval is acceptable and meets or exceeds all express requirements. In the event a submittal shall have been rejected by the Design Professional and there shall have been a request for a conference as provided in this article pursuant to which conference the said submittal shall have been found to comply with the requirements of this article, a separate addendum covering the said submittal will be issued prior to the

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

C-2

SCAR - Agency Managed Project Manual opening of bids. In order for the Design Professional to prepare an addendum intelligently, an application for approval of a product must be accompanied by a copy of the published recommendations of the manufacturer for the installation of the product together with a complete schedule of changes in the drawings and specifications, if any, which must be made in other work in order to permit the use and installation of the proposed product in accordance with the recommendations of the manufacturer of the product. Unless requests for approvals of other products have been received and approvals have been published by addendum in accordance with the above procedure, the successful bidder may furnish no products of any trade names, brand names, or manufacturers’ names except those designated in the

Contract Documents.

d. Conference with the Owner. Any party who alleges that rejection of a submittal is the result of bias, prejudice, caprice, or error on the part of the Design Professional may request a conference with a representative of the Owner, PROVIDED: That the request for said conference, submitted in writing, shall have reached the Owner at least five days prior to the date set for the opening of bids, time being of the essence.

C-06. 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-07. 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-08. 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-09. 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-10. 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-11. 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-12. 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-13. 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

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

C-3

SCAR - Agency Managed Project Manual 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-14. 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-15. Georgia Security and Immigration Compliance Act Affidavit. The Contractor shall complete and submit the Georgia Security and Immigration Compliance Act Affidavit, provided as Section G, with the Bid Form.

C-16. Bids

a. Bids will be opened and read 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 Department of Agriculture, according to doas.ga.gov(Team Market

Place). Bids must be submitted electronically prior to the hour and date named in the Invitation To Bid.

After that time no bids may be received.

d. A bid must be submitted for all specified alternates, if any. If a price is not provided for all alternates 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 GSFIC.

C-17. 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.

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

C-4

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.

C-19. Contract Form and Bonds. The contract and contract forms, including the payment and performance bonds, shall be as set forth in Sections D and G.

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

D-1

Contract

CONSTRUCTION CONTRACT

THIS AGREEMENT is made the _______ day of _____________ 20___, by and between the Georgia Department of

Agriculture, an agency of the State of Georgia, (hereinafter, called the “Owner”), with a place of business at 19 Martin

Luther King Jr. Dr Room 222 Atlanta, GA 30334 and __________________________, a corporation duly authorized by law to transact business in the State of Georgia (hereinafter, called the “Contractor”), whose mailing address is

W I T N E S S E T H:

WHEREAS, Owner has had prepared drawings, plans, specifications and addenda describing certain construction work it requires, the originals of which are on file and of record in the owner’s offices, and are, by this reference, specifically incorporated herein; and

WHEREAS, Contractor, having obtained an exact copy of said drawings, plans, specifications and addenda, has submitted the bid for such work that is the most beneficial to the State of Georgia.

NOW, THEREFORE, the Owner and the Contractor in consideration of the mutual promises and benefits flowing to the parties hereto as hereinafter stated, agree as follows:

1. SCOPE OF WORK. The Contractor shall furnish all labor, materials, tools and equipment to perform all the Work shown on the drawings and called for in the specifications entitled: Storage Building – Tifton Complex, as prepared by: Mark McMillan, Project Manager, who is referred to in the Contract Documents as the Design Professional. It is the intent and it is hereby agreed that the Contractor shall perform all work covered by this Contract and the Contract

Documents.

2. MATERIAL COMPLETION DATE. This Contract shall be commenced within ten (10) days after proceed order is issued by the Owner and Material Completion shall be achieved in _______ days from and including the date of the proceed order, time being of the essence.

3. CONTRACT SUM. The Owner shall pay the Contractor the sum of _____________________________ subject to adjustment by additive or deductive Change Orders.

4. PROGRESS PAYMENTS. The Owner shall make progress payments on account of the contract on or about the

15th day of each month as stated in Article E-58 of the General Conditions.

5. FINAL PAYMENT.

(a) Final payment under this Contract will be due to the Contractor thirty (30) days after the issuance of the

Certificate of Material Completion by the Design Professional. The Contractor agrees that before applying for final payment, he will furnish to the Owner the Statutory Affidavit, and the warranties and guarantees called for in the specifications.

(b) Upon receipt of written notice from the Contractor pursuant to Article E-66 of the General Conditions that the work is ready for final inspection, the Design Professional shall promptly make such inspection, and when he finds the work complies with the contract and when the contract shall have been fully performed he shall promptly issue a

Certificate of Material Completion, over his own signature, stating that the work provided for in this contract has been completed under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable.

(c) Before issuance of Certificate of Material Completion, the Contractor shall submit evidence satisfactory to the

Design Professional that all payrolls, material bills, and other indebtedness connected with the work have been paid.

(d) If full completion of the work is materially delayed through no fault of the Contractor, and the Design

Professional so certifies, the Owner shall, upon certificate of the Design Professional, and without terminating the

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

D-2

SCAR - Agency Managed Project Manual contract, make payment of the balance due for that portion of the work fully completed. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

6. THE CONTRACT DOCUMENTS. The Contract Documents which form the basis of this Contract shall be the plans and specifications as enumerated below, together with any other documents so listed and enumerated, and it is expressly understood that these documents are specifically made a part of this Contract.

PROJECT MANUAL: Entitled: Moultrie State Farmers Market Cooler Addition

Dated: November 13, 2012

Addendum:

CONTRACT: This contract dated ____________________________ by and between the parties written above.

7. NOTICES. All notices shall be given to the following addresses:

CONTRACTOR: {Insert Name of Firm}

{Insert Mailing Address}

{Insert City, State, Zip}

Attention:

OWNER: Georgia Department of Agriculture

19 Martin Luther King Jr Dr. Room 222

Atlanta, Georgia 30334

Attention: -

DESIGN PROFESSIONAL: Riley, Park, Hayden & Associates Engineers

3150 U.S. HWY 41 South

Tifton, Georgia 31794

Attention: Mark McMillan

8. ENERGY EFFICIENCY AND SUSTAINABLE CONSTRUCTION ACT OF 2008. This project is is not subject to the Energy Efficiency and Sustainable Construction Act of 2008 (“Energy Act”). Projects subject to the Energy Act require commissioning, water-use reduction, and use of not less than 10% of Georgia products.

9. LIQUIDATED DAMAAGES. The agreed daily amount for Liquidated Damages is: $N/A per day.

10. VENUE AND JURISDICTION. This Agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. Any lawsuit or other action based on claims arising from this Contract shall be brought in a court or the forum of competent jurisdiction in Fulton County, in the State of

Georgia.

11. NO CONFLICTS OF INTEREST. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed or contracted with.

12. PROHIBITED TRANSACTIONS. The parties hereto certify that the provisions of law contained in the Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State as defined in Section 45-10-20 through 45-10-26 of the O.C.G.A. have not and will not be violated in any respect in regard to this Agreement.

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

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SCAR - Agency Managed Project Manual

13. NO ASSIGNMENT. This Agreement and the proceeds of this Agreement may not be assigned nor may the performance thereunder be assigned, except with the prior written consent of the Owner.

14. NO WAIVER. The failure of the Owner at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or recession of the Contract itself.

15. NON-PROFIT CONTRACTORS. If the Contractor is a nonprofit Contractor as defined in Section 50-20-2 of the

O.C.G.A., then the Contractor agrees to comply with the provision of said Act, and in particular requirements of

Section 3 thereof, and with such further instructions and requirements as the State of Georgia may subsequently require in the implementation of said Act.

16. IMMIGRATION REFORM COMPLIANCE.

The Contractor hereby certifies its compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et seq. Contractor certifies that Contractor has registered at https://www.vis-dhs.com/EmployerRegistration to verify information of all newly hired employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L.

99-603 and the Georgia Security and Immigration Compliance Act. Contractor further certifies that it shall execute any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at

Rule 300-10-1-.01 et seq. Contractor warrants that it has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract. Contractor shall provide the Owner with notice of the identity of any and all subcontractors or consultants within five days of entering into the subcontract. The notice shall include an affidavit from the subcontractor or attesting to the subcontractor or consultant’s name, address, user identification number, date of authorization to use the federal work authorization program and certification that the subcontractor or consultant shall verify the information of all newly hired employees.

17. REQUIREMENT FOR WRITTEN AMENDMENT. No amendment to this Contract shall be effective unless it is in writing and signed by duly authorized representatives of the parties. NO REPRESENTATION, REQUEST, INSTRUCTION, DIRECTIVE OR ORDER, MADE OR GIVEN BY ANY OFFICIAL OF ANY AGENCY

OF THE STATE OF GEORGIA, WHETHER VERBAL OR WRITTEN SHALL BE EFFECTIVE TO

AMEND THIS CONTRACT OR EXCUSE OR MODIFY PERFORMANCE HEREUNDER UNLESS

REDUCED TO A FORMAL AMENDMENT AND EXECUTED AS SET FORTH ABOVE.

CONTRACTOR SHALL NOT BE ENTITLED TO ADDITIONAL COMPENSATION, DELAY IN

PERFORMANCE, OR OTHER BENEFIT CLAIMED FOR RELYING UPON OR RESPONDING TO ANY

SUCH REPRESENTATION, REQUEST, INSTRUCTION, DIRECTIVE, OR ORDER.

18. ENTIRE AGREEMENT. This Contract, including all documents incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter; hereby superseding all other prior and contemporaneous agreements, representations, statements, negotiations, and undertakings whether oral or written.

(SIGNATURES ON FOLLOWING PAGE)

https://www.vis-dhs.com/EmployerRegistration

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

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THE PERSON SIGNING ON BEHALF OF EACH PARTY REPRESENTS THAT SUCH PERSON IS DULY AUTHORIZED

AND FULLY EMPOWERED TO ENTER INTO THIS CONTRACT ON BEHALF OF SUCH PARTY. EACH PARTY

WARRANTS THAT SUCH PARTY HAS FULL POWER AND AUTHORITY TO ENTER INTO AND PERFORM THIS

CONTRACT. THE PARTIES HERETO ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THIS

CONTRACT, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS CONTRACT, AS INDICATED

BY THE SIGNATURES OF THEIR DULY AUTHORIZED REPRESENTATIVES SET OUT BELOW.

EXECUTED AS OF THE DAY AND YEAR FIRST WRITTEN ABOVE

{AGENCY NAME} {CONTRACTOR}

Printed Name: Printed Name:

Title: Title:

By: By:

(Signature) (Signature)

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

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General Conditions

SCAR - Agency Managed Project Manual

SECTION E

GENERAL CONDITIONS

E-01. General Conditions. The General Conditions of the Contract, Provisions E-01 thru E-78, 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. The Design

Professional has no authority to amend the General Conditions, orally or in writing, either expressly or by implication.

E-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.

E-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

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

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SCAR - Agency Managed Project Manual 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.

E-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.

E-05. Immigration Reform Compliance.

The Contractor hereby certifies its compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et seq. Contractor certifies that Contractor has registered at https://www.vis-dhs.com/EmployerRegistration to verify information of all newly hired employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act. Contractor further certifies that it shall execute any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et seq. Contractor warrants that it has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract.

E-06. Definitions

a. Applicable Law. This contract shall be governed by the law of Georgia.

b. Article Not Plenary. This article is not entire, plenary, or exhaustive of all terms used in the General

Conditions which require definition. There are definitions of other terms under articles to which the terms are related.

c. Certificate for Material Completion – The notice from the Design Professional to the Owner certifying

Contractor’s achievement of Material Completion and providing for the Owner’s authorization to take possession of the Project.

d. Change Order Form. The change order form is the instrument by which adjustments in the contract sum are effected.

e. Contract. The written document that is the evidence of the Contract between the Owner and the

Contractor.

f. Contract Documents. The Contract Documents include the executed Contract, the Bidding Documents, Bid, General Conditions (including Forms and Exhibits), Supplementary General Conditions (if any), Drawings, Specifications, Addenda and fully executed Change Orders.

g. Contractor. The person or entity who executes the Contract and thereby assumes responsibility for the proper completion of the activities described in the Contract Documents.

h. Cross-reference and Citations of Articles and Paragraphs of the General Conditions. Cross-references and citations of articles and paragraphs of the General Conditions are for the convenience of the Contractor, https://www.vis-dhs.com/EmployerRegistration

Opening Date & Time:

Tuesday, December 18, 2012 at 2:00PM

Advertised Date: November 16, 2012

Procurement Representative:

Verneicher.favors@agr.georgia.gov

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SCAR - Agency Managed Project Manual

Design Professional and the Owner and are not intended to be plenary or exhaustive nor are they to be considered in interpreting the Contract Documents or any part of the Contract Documents.

i. Days. All references to a number of days shall mean calendar days unless otherwise noted.

j. Design Professional. The architect or engineer or architectural or engineering firm selected by the Owner

(i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract.