REC-23-003

947859 1

Carroll County, Georgia

INVITATION TO BID

Installation of Sod and Irrigation System for Recreation Field

(REC-23-003)

The Carroll County Board of Commissioners (the “County”) is currently soliciting bids for the purpose of installation of sod and irrigation system for a multi-purpose recreation field at the

Carroll County Recreation Complex, 1201 Newnan Road, Carrollton, Carroll County, Georgia

(the “Project”).

All bids should be based on but not limited to the following specifications:

• Installation of sod and irrigation system for a multi-purpose recreation field at the Carroll

County Recreation Complex located at 1201 Newnan Road, Carrollton, Carroll County, Georgia.

• Regular and Uniform Bid: Each bidder must comply with all requirements as directed or required by this notice. Notice is hereby given to all bidders that if their bids are defective or irregular; the same may be rejected immediately. To facilitate comparative analysis and evaluation of bids, it is desired that a uniform format be employed in structuring each bid. All instructions are to be considered an integral part of this

Invitation to Bid.

• Firm Price: Prices quoted by bidder shall be firm prices, and not subject to increase during the schedule hereinafter set-forth and shall not include federal or state tax.

• Security: Accompany bid with a bid security in the amount of five percent (5%) of the bid. The successful bidder will be required to submit to Carroll County a performance bond and a payment bond in the amount equal to one hundred percent (100%) of the total contract amount in the form attached hereto as Exhibit “A”. Surety companies executing

Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of Georgia.

The Scope of Work for this Project is set forth on Exhibit “B”. The Contractor shall be responsible for providing all equipment, materials and labor necessary for the completion of the

Project.

A mandatory pre-bid meeting will be held on Friday, September 30, 2022, 1 0 :00 AM

EST at the Site. Any person or entity that fails to attend the mandatory pre-bid meeting will not be permitted to submit a Bid for the Project and any Bid submitted by a person or entity that did not attend the mandatory prebid meeting will be returned unopened.

Sealed bids must be received no later than October 18, 2022 at 2:00 PM EST. Any bid received after 2:00 PM EST on that date will not be accepted or considered.

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The County reserves the right, in its sole discretion, to waive irregularities in any bid, to reject any and all, or parts of any and all, bids with or without cause, and/or to re-advertise this

Invitation to Bid or postpone or cancel this Invitation to Bid. The County also reserves the right to request additional information or clarification from the bidder.

Bidders shall furnish:

(1) A list of references to include the following information:

• Company Name

• Principle Owner(s)

• Business Address, Phone Number, and Email Address

(2) List of completed contracts with governmental organizations during the last five (5) years with client’s address, telephone and contact person.

(3) List of contracts with governmental organizations in progress with client’s address, telephone number, email address, and contact person.

(4) Statement listing any and all differences between your Bid and the Work specified in the Invitation to Bid.

All bids will be submitted in a sealed envelope and shall be marked clearly on the outside:

REC-23-003

SOD AND IRRIGATION SYSTEM RECREATION FIELD

CARROLL COUNTY, GEORGIA

Bids must be typed. All corrections made by the bidder prior to submitting must be initialed and dated by the bidder. No changes or corrections will be allowed after bids are submitted.

All bidders should furnish the County with two (2) complete copies of the bid. Each copy must contain a manual signature of an authorized representative of the proposing firm.

All bids should be returned to:

Sunday Cook

Public Works Purchasing Analyst

Carroll County, Georgia

34 Horsley Mill Road

Carrollton, Georgia 30117 scook@carrollcountyga.com

Any questions should be directed to Sunday Cook, scook@carrollcountyga.com, Phone: (770)

830-5895.

mailto:scook@carrollcountyga.com mailto:scook@carrollcountyga.com

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Award shall be made to the lowest responsive and responsible bidder, as deemed by the County.

The lowest bid will be the bid that, after determination of adherence to specifications, and incorporating any accepted and approved alternatives, is the lowest responsive bid that is received from a responsible firm as deemed by the County. The County may require additional information from bidders to determine the level of responsibility of the firm. References about the firm, and demonstrated experience in projects of similar size and scope may be a factor in determination of responsibility.

From the issue date of this solicitation until a successful bidder is selected and the selection is announced, bidders are not allowed to communicate for any reason with any County staff about this solicitation except through the Purchasing Agent named herein, or during any bidder’s conferences (if applicable), or as provided by existing work agreement(s). For violation of this provision, the County shall reserve the right to reject the bid of the offending bidder. All questions concerning this solicitation must be submitted in writing (e-mail preferred or fax may be used) to the Purchasing Agent named herein. No response other than written will be binding upon the County.

Time is of the essence. The successful bidder will have thirty (30) days from the Date of Award to enter a contract with the County. An AIA A101-2017 Standard Form of Agreement Between

Owner and Contractor where the basis of payment is a Stipulated Sum contract with the Contract

Addendum attached hereto as Exhibit “C” will be executed between the selected firm and the

County. Bidder is encouraged to review and become familiar with the terms and conditions of this contract and addendum. The County does not intend to modify any language contained in general terms and conditions of the contract and addendum, and any exceptions proposed by a bidder must be included in the proposal and any exceptions could lead to a firm being deemed non-responsive.

At the time the contract with the successful bidder is entered, the successful bidder must provide the Board of Commissioners with Certificates of Insurance demonstrating General Liability

Coverage in the amount of at least $1,000,000 per occurrence and $2,000,000 in aggregate;

automobile insurance in the amount of $1,000,000 per occurrence and $ 1,000,000 in aggregate;

commercial umbrella/excess liability coverage of $1,000,000; and workers compensation coverage as required by law. Carroll County and Carroll County Board of Commissioners must be listed as additional insured on the policies for the duration of the project. The company shall assume all liability and risks for all damages and injuries to persons or property which shall or may arise or accrue out of the conduct of any activity relating to the performance of the

Agreement by the company, its officials, employees, agents or servants and shall indemnify and hold harmless Carroll County and the Carroll County Board of Commissioners from any and all liability, actions causes of actions, suits, damages, attorney’s fee, and costs which may arise or accrue due to the conduct of any activity relating to the performance of the Agreement by the company, its officers, employees, agents or servants.

All bids submitted become the property of the County and will not be returned. The County is not responsible for any costs incurred by the bidder in the preparation of bids or presentations given. All expenses incurred by the bidder’s pursuit of this award shall be borne by the bidder.

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The bidder must provide proof of compliance with E-Verify affidavits as required by Georgia’s

Immigration laws in the form attached hereto as Exhibit “D” and the Non-Collusion Affidavit attached hereto as Exhibit “E”.

The bidder must certify that there are no circumstances which will cause a conflict of interest in performing the services required.

Work shall begin within thirty (30) days of notification of acceptance, and be completed no later than 180 days from the notice to proceed date.

The Bid shall include the form attached hereto as Exhibit “F”.

Submission of a bid indicates acceptance by the bidder of the terms, conditions and requirements described in the Invitation to Bid unless clearly and specifically noted in the submittal.

SEE EXHIBITS

Exhibit A - Payment and Performance Bond Forms

Exhibit B – Scope of Work

Exhibit C – Contract Addendum

Exhibit D - Contractor and Subcontractor Affidavits (E-Verify)

Exhibit E - Non-Collusion Affidavit

Exhibit F – Bid Form

EXHIBIT “A”

PAYMENT AND PERFORMANCE BOND FORMS

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS ___________________[Insert name of contractor] hereinafter called the "Principal") and _______________________ [Insert name of surety] (hereinafter called the "Surety"), are held and firmly bound unto CARROLL COUNTY, GEORGIA, acing by and through its Board of Commissioners (hereinafter called the "Owner") and their successors and assigns, in the penal sum of Dollars ($ _______________), lawful money of the United States of America, for the payment of which the Principal and the Surety bind themselves, their administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered, or is about to enter, into a certain written contract with the Owner, dated which is incorporated herein by reference in its entirety (hereinafter called the "Construction Contract"), for the [description of the project], more particularly described in the Construction Contract (hereinafter called the "Project"); and

NOW, THEREFORE, the conditions of this obligation are as follows, that if the Principal shall fully and completely perform all the u ndertakings, covenants, terms, conditions, warranties and guarantees contained in the Construction Contract, including all modifications, amendments, changes, deletions, additions and alterations thereto that may hereafter be made, then this obligation shall be void;

otherwise, it shall remain in full force and effect.

Whenever the Principal shall be, and declared by the Owner to be, in default u nder the

Construction Contract, the Surety shall promptly remedy the default as follows:

1) Complete the Construction Contract in accordance with the terms and conditions;

or

2) Obtain a bid or bids for completing the Construction Contract in accordance with its terms and conditions, and upon determination by the Surety and the Owner of the lowest responsible bidder, arrange for a contract between such bidder and

Owner and make available as the work progresses (even though there should be a default or succession of defaults under the Construction Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the penal sum set forth in the first paragraph hereof, as may be adjusted, and the Surety shall make available and pay to the Owner the funds required by this Paragraph prior to the payment of the Owner of the balance of the contract price, or any portion thereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Owner to the Contractor under the

Construction Contract, and any amendments thereto, less the amount paid by the

Owner to the Contractor; or, at the option of the Owner;

3) Allow Owner to compute the work and reimburse the Owner for all reasonable costs incurred in completing the work.

In addition to performing as required in the above paragraphs, the Surety shall indemnify and hold harmless the Owner from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description, including reasonable attorney's fees, litigation costs and expert witness fees, which the Owner may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any or all of the terms, provisions, and requirements of the

Construction Contract, including any and all amendments and modifications thereto, or incurred by the Owner in making good any such failure to performance on the part of the Principal.

The Surety shall commence performance of its obligations and undertakings under this Bond promptly and without delay, after written notice from the Owner to the Surety.

The Surety hereby waives notice of any and all modifications, omissions, additions, changes, alterations, extensions of time, changes in payment terms, and any other amendments in or about the Construction

Contract, and agrees that the obligations undertaken by this bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, alterations, extensions of time, change in payment terms, and amendments.

The Surety hereby agrees that this bond shall be deemed amended automatically and immediately, without formal or separate amendments hereto, upon any amendment to the Construction Contract, so as to bind the Principal and the Surety to the full and faithful performance of the Construction Contract as so amended or modified, and so as to increase the penal sum to the adjusted Contract Price of the

Construction Contract.

No right of action shall accrue on this bond to or for the use of any person, entity, or corporation other than the Owner and any other obligee named herein, or their executors, administrators, successors or assigns.

This Bond is intended to comply with O.C.G.A. § 36-91-70, and shall be interpreted so as to comply with the minimum requirements thereof. However, in the event the express language of this bond extends protection to the Owner beyond that contemplated by O.C.G.A. § 36-91-70, or any other statutory law applicable to this Project, then the additional protection shall be enforced in favor of the Owner, whether or not such protection is found in the applicable statutes.

IN WITNESS WHEREOF the undersigned have caused this instrument to be executed and their respective corporate seals to be affixed and attested by their duly authorized representatives this _______ day of _______________, 20____.

PRINCIPAL: SURETY:

By:_________________________(SEAL) By:_______________________(SEAL)

Name: ______________________ Name: _____________________

Title: _______________________ Title: ______________________

Attest: ______________________(SEAL) Attest: ____________________(SEAL)

Name: ______________________ Name: ______________________

Title: _______________________ Title: _______________________

(CORPORATE SEAL) (CORPORATE SEAL)

[Attach Power of Attorney]

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that ________________________ [Insert name of contractor] (hereinafter called the "Principal") and ___________________________ [Insert name of surety (hereinafter called the "Surety"), are held and firmly bound unto CARROLL COUNTY, GEORGIA, acing by and through its Board of Commissioners (hereinafter called the "Owner"), its successors and assigns as obligee, in the penal sum of ______________________ [Insert contract amount], lawful money of the United States of America, for the payment of which the Principal and the

Surety bind themselves, their administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered, or is about to enter, into a certain written contract with the Owner, dated _____________________[Insert date of contract], which is incorporated herein by reference in its entirety (hereinafter called the "Construction Contract"), for the construction of a project known as

______________________ [Insert name of project], as more particularly described in the Construction

Contract (hereinafter called the "Project");

NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all persons working on or supplying labor or materials under the Construction Contract, and any amendments thereto, with regard to labor or materials furnished and used in the Project, and with regard to labor or materials furnished but not so used, then this obligation shall be void; but otherwise it shall remain in full force and effect.

1. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation or other entity furnishing labor, services, or materials used, or reasonably required for use, in the performance of the Construction Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of contract with the Principal or any subcontractor performing work on the Project, including, but not limited to, the following labor, services, or materials: water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Construction Contract.

2. I n the event a Claimant files a claim against the Owner, or the property of the

Owner, and the Principal fails or refuses to satisfy or discharge it promptly, the Surety shall satisfy or discharge the claim promptly upon written notice from the Owner, either by bond or as otherwise provided i n the Construction Contract.

3. The Surety hereby waives notice of any and all modifications, omissions, additions, changes, alterations, extensions of time, changes i n payment terms, and any other amendments in or about the Construction Contract and agrees that the obligations u n dertaken by this bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, alterations, extensions of time, changes in payment terms, and amendments.

4. The Surety hereby agrees that this Bond shall be deemed amended automatically and immediately, without formal or separate amendments hereto, upon any amendment or modification to the Construction Contract, so as to bind the Principal and Surety, jointly and severally, to the full payment of any Claimant u nder the Construction Contract, as amended or modified, provided only that the Surety shall not be liable for more than the penal sum of the Bond, as specified i n the first paragraph hereof.

5. This Bond is made for the use and benefit of all persons, firms, and corporations who or which may furnish any materials or perform any labor for or on account of the construction to be performed or supplied u nder the Construction Contract, and any amendments thereto, and they and each of them may sue hereon.

6. No action may be maintained on this Bond after one (1) year from the date the last services, labor, or materials were provided u nder the Construction Contract by the Claimant prosecuting said action.

7. This Bond in intended to comply with O.C.G.A. § 36-91-90, and shall be interpreted so as to comply with the minimum requirements thereof. However, in the event the express language of this Bond extends protection to the Owner beyond that contemplated by O.C.G.A. § 36-91-90, or any other statutory law applicable to this Project, then the additional protection shall be enforced in favor of the Owner, whether or not such protection is found in the applicable statutes.

IN WITNESS WHEREOF, the Principal and Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized representatives this ___ day of

_________________, 20___.

PRINCIPAL:

By:_______________________________(SEAL)

Name: ____________________________

Title: _____________________________

Attest: ____________________________(SEAL)

(CORPORATE SEAL)

SURETY:

By:_______________________________(SEAL)

Attest: ____________________________(SEAL)

(CORPORATE SEAL)

EXHIBIT “B”

SCOPE OF WORK

I. General Requirements

a. Scope of Work - Sod

i. Provide all equipment, labor and material as required to surface the new multi-purpose field with sod at Carroll Co Recreation located at 1201

Newnan Road, Carrollton, GA 30116.

ii. Provide and install approximately 1.86 acres of sod (81,000 sq ft).

iii. All sod shall be cut between an inch and a quarter to an inch and three quarters in depth (1.25” – 1.75”).

iv. Sod shall be installed within 48 hours of cutting.

v. Sod shall be on rolls and all seams in sod must be kept tight and together during installation.

vi. Sod must be one of the following two types: Tiftuf bermudagrass or

Tifway 419 bermudagrass.

1. Sod will be healthy and current with all weed and insect treatment prior to installation.

2. A sample will be shown prior to Carroll Co Recreation staff prior to installation

vii. Carroll Co will be responsible for growth of sod after installation, but sod contractor will make at least two (2) visits after completion. These visits will take place 30-90 days after installation.

b. Scope of Work – Irrigation

i. Provide all equipment, labor and material as required to install a new irrigation system to cover 81,000 sq ft of sod at Carroll Co Recreation located at 1201 Newnan Road, Carrollton, GA 30116.

ii. Design irrigation system to provide adequate water supply to the newly laid sod.

iii. Carroll Co Recreation will provide the water and power supply needed to start the project.

c. Contractor’s Qualifications

i. The contractor shall have completed similar projects (or other sport related projects) within the past three (3) year.

ii. The contractor must perform all required work with personal or rented equipment during the project.

iii. The contractor shall have been in business for at least three (3) years.

iv. The contractor must be licensed and insured.

_____ (Contractor's Initials) _____ (Owner's Initials)

EXHIBIT “C”

CONTRACT ADDENDUM

BETWEEN CARROLL COUNTY, GEORGIA, AS OWNER

AND , AS CONTRACTOR

DATED , 2022

This Contract Addendum amends, modifies, deletes and supplements AIA Document A101 – 2017, Standard Form of Agreement Between Owner and Contractor where the basis is a Stipulated

Sum (hereinafter the “Standard Form of Agreement”) and AIA Document A201 – 2017 General

Conditions of the Contract for Construction (hereinafter the “General Conditions”). In the event of any conflict between any of the terms and conditions of this Addendum and any of the terms and conditions of any of the other Contract Documents, including the Standard Form of Agreement and the

General Conditions, this Addendum shall govern and control. All provisions of the Standard Form of

Agreement and the General Conditions not amended, modified, deleted or supplemented herein shall remain in full force and effect.

THE STANDARD FORM OF AGREEMENT

1.1 Article 2 of the Standard Form of Agreement is amended by inserting the following clause after the words “Contract Documents” in the first line of Article 2: “or reasonably inferable by the Contractor as necessary to produce the results intended by the Contract Documents”.

1.2 A new Paragraph 2.1 is added to the Standard Form of Agreement, which shall read as follows:

2.1 Compliance with Laws, Regulations and Rules. When planning for the size, configuration, and equipping of the space of renovated, altered, or new construction, the

Contractor shall ensure compliance with all applicable federal and state laws and regulations, Life Safety Code and the Americans with Disabilities Act (ADA) requirements.

When planning and implementing demolition or renovation work, Contractor shall conduct a proactive assessment using risk criteria to identify hazards that could potentially compromise occupied areas of the building. The scope and nature of the activities should determine the extent of risk assessment required. The risk criteria should address the impact demolition, renovation, or new construction activities have on air quality requirements, utility requirements, noise, vibration, and emergency procedures.

Contractor shall select and implement property controls to reduce risk and minimize the impact of these activities.

Except as expressly provided for in the Contract Documents to the contrary, the

Contractor at its sole risk and expense shall construct, equip, provide, purchase, pay for, and furnish all of the Work in accordance with the Contract Documents and governmental codes and regulations as they apply to performance of the Work.

1.3 Paragraph 5.1.3 of the Standard Form of Agreement is deleted in its entirety and in lieu thereof the following provision is inserted: “Payments are due and payable within thirty (30) days after presentation by the Contractor of a correct and proper invoice.”

1.4 Paragraph 6.1 of the Standard Form of Agreement is deleted in its entirety.

1.5 Paragraph 6.2 of the Standard Form of Agreement is deleted in its entirety and in lieu thereof the following provision is inserted:

“For any Claim, the method of binding resolution shall be litigation in the Courts of Carroll

County, Georgia.”

THE GENERAL CONDITIONS

ARTICLE 1 GENERAL PROVISIONS

1.1 Paragraph 1.1.3 of the General Conditions is amended by the addition of the following provision:

“Anything that may be required, implied or inferred by the Contract Documents, or any one or more of them, shall be considered as part of the Work and shall be provided by the Contractor for the Contract Sum.”

1.2 Paragraph 1.1.8 of the General Conditions is deleted in its entirety.

1.3 Paragraph 1.9 is added to the General Conditions to provide as follows: “Execution of the Agreement by Contractor is a representation by Contractor that it has visited the site of the Work, become familiar with the local conditions under which the Work is to be performed, and has correlated its personal observations with all requirements of the Contract Documents.”

ARTICLE 2 OWNER

2.1 Paragraph 2.1.2 of the General Conditions is deleted in its entirety.

2.2 Paragraph 2.3.4 of the General Conditions is amended to read as follows: “The Owner shall furnish to Contractor, upon written request of Contractor, any available written and tangible material in its possession concerning conditions below ground at the site of the Work. Such written and tangible material is furnished to Contractor only in order to make disclosure of such material as being in possession of Owner and for no other purpose. By furnishing such material, Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefore. The Owner shall furnish, if appropriate, a legal description of the Project site, and any required survey.”

2.3 Paragraph 2.4 of the General Conditions is amended to read as follows: “In the event Contractor fails to perform the Work as required herein, Owner may instruct Contractor to cease and desist from performing further Work in whole or in part. Upon receipt of such instruction, Contractor shall immediately cease and desist as instructed by Owner and shall not proceed further until the cause for Owner’s instructions has been corrected, no longer exists, or the Owner instructs that the Work may resume. In the event Owner issues such instruction to cease and desist, and in the further event that Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance to Owner that the cause of such instructions will be eliminated or corrected, then Owner shall have the right, but not the obligation, to carry out the Work with its own forces, or with the forces of another contractor, and Contractor shall be fully responsible for the costs of such Work performed by Owner. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies Owner may have against Contractor.”

2.4 Paragraph 2.5 of the General Conditions is amended to read as follows: “If Contractor has installed defective or deficient Work which is not in conformity with the requirements of the Contract Documents, of if Contractor fails or refuses to perform any portion of the Work, then Owner may, after seven (7) days written notice to Contractor, and without prejudice to any other rights or remedies the Owner may have against Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Sum the cost of performing the subject Work, plus compensation for the Architect’s additional services and expenses necessitated thereby, if any. If such Work is performed by employees of Owner, the Change Order shall reflect the reasonable value of such Work based upon the reasonable commercial cost of such Work as if performed by an independent contractor. If the unpaid balance of the Contract Sum is insufficient to cover the amount due Owner, Contractor shall pay the difference to Owner within ten (10) days of receipt of demand from Owner.”

ARTICLE 3 CONTRACTOR

3.1 Paragraph 3.1.2 of the General Conditions is amended to read as follows: “The Contractor shall perform the Work in strict accordance with all requirements of the Contract Documents.”

3.2 Paragraph 3.2.2 of the General Conditions is amended to read as follows: “The Contractor shall have the continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings and the Product Data and shall give written notice to the Architect of any inconsistency, ambiguity, error or omission which Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance or the express or implied approval by Owner or Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with this Contract. THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING THE CONTRACT DOCUMENTS. By executing the Agreement, Contractor acknowledges and represents that it has received, reviewed, and carefully examined such documents, and has found them reasonably complete, accurate, adequate, consistent, coordinated and sufficient for construction.”

3.3 Paragraph 3.2.3 of the General Conditions is amended by the addition of the following provision: “The

Owner shall not be liable to Contractor for any damage resulting from any such errors, inconsistencies or omissions which are observed by Contractor, or upon reasonable examination of the

Contract Documents, field measurements, or field conditions could have been observed by Contractor, if such errors, inconsistencies or omissions are not reported as required hereinabove.”

3.4 Paragraph 3.4.3 of the General Conditions is amended by the addition of the following provision: “If requested by Owner in writing, Contractor shall remove from the Project any employee or other person performing Work if Owner reasonably determines that such employee or person is unfit or is not skilled in the tasks assigned to them.”

3.5 Paragraph 3.10.1 of the General Conditions is amended to read as follows: “Within thirty (30) days after award of the Contract, Contractor shall prepare and submit for Owner’s and Architect’s information Contractor’s Construction Schedule for the Work. Contractor’s Schedule shall be in such form and shall contain such detail as Architect or Owner may require. The Schedule shall include, but shall not exceed, the Contract Time specified in the Contract Documents. The Schedule shall be revised at appropriate intervals required by the conditions of the Work and Project but in any event, a current, updated Schedule shall be prepared and submitted by Contractor with each monthly Application for

Payment. Submission of the Schedule and revised Schedules as required herein shall be conditions precedent of payment to Contractor. THE PARTIES SPECIFICALLY AGREE THAT ANY FLOAT

CONTAINED IN THE SCHEDULES SHALL BELONG TO THE PROJECT, AND IN NO EVENT SHALL

CONTRACTOR MAKE A CLAIM FOR ALLEGED DELAY, ACCELERATION, OR EARLY COMPLETION

SO LONG AS THE PROJECT IS COMPLETED WITHIN THE CONTRACT TIME. The scheduling requirements herein shall be in addition to any other scheduling requirements set forth elsewhere in the

Contract Documents.”

ARTICLE 4 ARCHITECT

4.1 Paragraph 4.1.2 of the General Conditions is deleted in its entirety.

4.2 Paragraph 4.1.3 is added to the General Conditions to provide as follows: “The Owner may terminate the Architect and in such event shall appoint a substitute Architect within a reasonable time thereafter. The selection of a substitute Architect shall be at the sole discretion of Owner.”

4.3 Paragraph 4.2.5 of the General Conditions is amended by the addition of the following provision: “Said Applications, however, shall be subject to the final approval by Owner.”

4.4 Paragraph 4.2.10 of the General Conditions is amended to read as follows: “If Owner and Architect agree, Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site.”

4.5 Paragraph 4.2.11 of the General Conditions is amended to read as follows: “The Architect shall make such interpretations of the Contract Documents as may be requested by Owner or Contractor. Any such interpretations shall be issued in writing and same shall be consistent with, or reasonably inferable from, the Contract Documents.”

ARTICLE 5 SUBCONTRACTORS

5.1 Paragraph 5.5 is added to the General Conditions to provide as follows: “Notwithstanding any other provision in the Contract Documents, Owner shall have the right to communicate directly with

Contractor as Owner in its sole discretion determines necessary; furthermore, Owner shall have the right to communicate with any Subcontractor, Sub-subcontractor, laborer, materialman, or supplier for the purpose of verifying the status of payment to any such person or entity and for such other purposes as

Owner may reasonably determine necessary.”

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

6.1 Paragraph 6.1.1 of the General Conditions is amended to read as follows: “The Owner reserves the right to perform construction or other operations related to the Project with Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site.”

6.2 Paragraph 6.1.5 is added to the General Conditions to provide as follows: “Contractor acknowledges that the Owner may elect to employ another contractor to perform site work on the Project site. Such work may include, but may not be limited to, clearing and grubbing, rough grading, finish grading, building pad preparation, and other related items of work. In such event Contractor agrees to coordinate and cooperate fully with the site work contractor so as to cause no interference with, or delay to, the work of said contractor. This duty includes, but is not limited to, the duty to share and coordinate construction schedules, delivery schedules, and any and all information necessary for the proper and timely performance of the Work or the site work. Upon completion of the site work, or any designated portion of same as designated by the Owner or the Architect, the Contractor shall meet with the Owner or the Architect and inspect such site work to determine whether or not it has been installed in accordance with the requirements of the Contract Documents. Upon completion of such inspection, the Contractor shall notify the Owner and Architect in writing of any and all deviations or variances from the requirements of the site work or the Contract Documents observable from an inspection of the site. Except as to the extent set forth in such notice, the Contractor shall be deemed to have accepted the site work, or designated portion of same. Such acceptance shall further constitute an acknowledgment and agreement by the Contractor that it will take and assume full responsibility for any subsequent damage to the site work caused by the Contractor, any of its subcontractors, suppliers, or others on the Project for the benefit of the Contractor.”

ARTICLE 7 CHANGES IN THE WORK

7.1 Paragraph 7.5 is added to the General Conditions to provide as follows: “No Change Order shall include, or attempt to include, any reservation of the right to claim future impact damages and any such reservation, or attempted reservation, is strictly prohibited and shall be deemed null and void.”

ARTICLE 8 TIME

8.1 Paragraph 8.3.1 of the General Conditions is amended to read as follows: “If Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by Owner or someone acting in Owner’s behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond Contractor’s control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of Contractor to Owner and Architect, for such reasonable time as Architect may determine. Any notice and claim for an extension of time by Contractor shall be made not more than fourteen (14) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail Contractor’s basis for requiring additional time in which to complete the Project. In the event the delay to Contractor is a continuing one, only one notice and claim for additional time shall be necessary.

IF CONTRACTOR FAILS TO MAKE SUCH CLAIM AS REQUIRED IN THIS PARAGRAPH, ANY CLAIM

FOR AN EXTENSION OF TIME SHALL BE WAIVED.”

8.2 Paragraph 8.3.3 of the General Conditions is amended to read as follows: “Contractor shall not be entitled to make claim for additional compensation for any delay resulting from circumstances or events outside control of Owner. In the event Contractor is delayed by any act or omission of Owner, and in the further event Contractor incurs cost or expense as a direct result of such delay, Contractor shall be entitled to make claim for such cost or expense provided such claim is made in strict conformity with the requirements set forth in the Contract Documents, including the requirements of Paragraph 8.1 hereinabove, and further provided any such claim is limited as provided in Paragraph 15.2 hereinbelow.”

ARTICLE 9 PAYMENTS AND COMPLETION

9.1 Paragraph 9.5.1 of the General Conditions is amended by the addition of the following provision:

“Notwithstanding any other provision of the Contract Documents, Owner may withhold payment and shall not be obligated to make payment to Contractor, to the extent necessary to protect Owner, if one or more of the following conditions exist: (1) defective work not remedied; (2) third-party claims arising out of any act or omission of Contractor, or those for whom Contractor may be responsible, if filed or if reasonable evidence indicating probable filing of such claims; (3) failure of Contractor to make payment to

Subcontractors or suppliers for labor, materials or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to Owner or another contractor caused by Contractor or those for whom Contractor may be responsible; (6) reasonable evidence that the Work will not be completed within the Contract Time; or (7) persistent failure to carry out the Work in accordance with the Contract Documents.”

9.2 Paragraph 9.6.7 of the General Conditions is deleted in its entirety.

9.3 Paragraph 9.7 of the General Conditions is amended to read as follows: “If Architect does not issue a Certificate for Payment, through no fault of Contractor, within seven (7) days after receipt of Contractor’s Application for Payment, or if Owner without justification hereunder, does not pay Contractor within seven (7) days after the date established in the Contract Documents any amount due Contractor, then Contractor may, upon seven (7) additional days’ written notice to Owner and Architect, stop the Work until payment of the amount owing has been received.”

9.4 Paragraph 9.7.1 is added to the General Conditions to provide as follows: “Owner and Contractor expressly agree that the terms of payment, payment periods, and rates of interest as set forth in the

Contract Documents shall control to the exclusion of any provisions of the Georgia Prompt Pay Act, O.C.G.A § 13-11-1 et. seq. and the provisions of said Act are herein waived.”

9.5 Paragraph 9.8.1 of the General Conditions is amended by the addition of the following provision: “A condition precedent to Substantial Completion is the receipt by Owner of all necessary certificates of occupancy or other authorizations for the use and occupancy of the Project required by any governmental or regulatory authority. Owner reserves the right to occupy and use any part, phrase or system of the Project when such part, phrase or system is substantially complete, but such partial use or occupancy shall not result in the Project being deemed Substantially Complete, and such partial use or occupancy shall not be evidence of Substantial Completion.”

9.6 Paragraph 9.8.4 of the General Conditions is amended to read as follows: “When Contractor believes that the Work is Substantially Complete, Contractor shall submit to Owner and Architect a list of all items to be completed or corrected. When Architect on the basis of an inspection determines that the Work is in fact Substantially Complete, Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of Owner and Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance. Contractor shall have thirty (30) days to complete all items listed on the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to Owner and Contractor for their written acceptance. Upon Substantial Completion of the Work, and execution by both Owner and Contractor of the Certificate of Substantial Completion, and upon submission to Owner of a complete set of record drawings illustrating the as-built condition of the Work (including the location of all utilities), along with maintenance manuals and warranties required by the Contract Documents, Owner shall pay Contractor an amount sufficient to increase total payments to Contractor to one hundred percent (100%) of the Contract Sum less two hundred percent (200%) of the reasonable cost as determined by Owner and Architect for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling all unsettled claims. No further payments shall be made until final completion is achieved. In the event Contractor fails or refuses to complete the incomplete Work, or correct or bring into conformance the defective Work, or resolve any unsettled claims, Owner, without limitation on any of its other rights or remedies, may complete the Work, and Contractor shall be liable to Owner for the cost of same. If the Work is completed or corrected by employees of Owner, Contractor shall be liable for the reasonable value of completion or correction based on the reasonable commercial cost of such Work if performed by an independent contractor. To the extent the amount due Owner hereunder exceeds the retainage held by Owner, the balance due shall be paid by Contractor within ten

(10) days after receipt of an invoice or demand for payment from Owner.”

9.7 Paragraph 9.8.5 of the General Conditions is deleted in its entirety.

9.8 Paragraph 9.10.4 of the General Conditions is deleted in its entirety.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

10.1 Paragraph 10.3.3 of the General Conditions is deleted in its entirety.

10.2 Paragraph 10.3.6 of the General Conditions is deleted in its entirety.

ARTICLE 11 INSURANCE AND BONDS

11.1 A new Paragraph 11.1.5 of the General Conditions is added, which shall read as follows: “Notwithstanding any other provision contained in the Contract Documents, Contractor shall be responsible for all deductibles relating to the Property (Builders Risk) insurance required herein or relating to any other insurance required to be provided by Contractor under this Agreement.”

11.2 Paragraph 11.2.2 of the General Conditions is deleted in its entirety.

11.3 Paragraph 11.3.1 of the General Conditions is deleted in its entirety and in lieu thereof the following provision is inserted: “Contractor and its subcontractors, sub-subcontractors, agents, and employees herein waive all rights against the Owner, its contractors, agents and employees, and against the Architect and its contractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Agreement or other property or casualty insurance applicable to the Work except as to such rights as they may have to proceeds of such insurance held by Owner as fiduciary. THIS IS A COMPLETE AND TOTAL WAIVER BY THE

CONTRACTOR OF ANY AND ALL RIGHTS OF SUBROGATION AGAINST THE OWNER, ITS

CONTRACTORS, AGENTS AND EMPLOYEES AND AGAINST THE ARCHITECT AND ITS

CONTRACTORS, AGENTS AND EMPLOYEES. THE CONTRACTOR SHALL REQUIRE AND

PROCURE SIMILAR WAIVERS FROM ALL OF ITS SUBCONTRACTORS, SUB-SUBCONTRACTORS

AND OTHERS FOR WHOM CONTRACTOR IS RESPONSIBLE. IN NO EVENT, AND UNDER NO

CIRCUMSTANCES, HAS OWNER OR ITS INSURERS WAIVED ANY RIGHTS OF SUBROGATION

AGAINST CONTRACTOR, ITS SUBCONTRACTORS, SUB-SUBCONTRACTORS, AGENTS,

EMPLOYEES OR OTHERS.”

11.4 Paragraph 11.6 is added to the General Conditions to provide as follows: “Unless otherwise provided in the Contract Documents, the Contractor shall provide insurance coverage in accordance with all requirements of the attached Exhibit “A.”

UNCOVERING AND CORRECTION OF WORK

12.1 Paragraph 12.2.2.1 of the General Conditions is amended to read as follows: ”If within one (1) year after final completion of the Work, any of the Work is found to be defective or not in accordance with this Contract, Contractor shall correct it promptly upon receipt of written notice from Owner. This obligation shall survive final payment by Owner and termination of this Contract.”

ARTICLE 13 MISCELLANEOUS PROVISIONS

13.1 Paragraph 13.2.1 of the General Conditions is amended to read as follows: “The Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to the successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement. The Contractor shall not assign this Agreement without written consent of the Owner. This provision takes precedence over any provision to the contrary contained in the Standard Form of Agreement. ”

13.2 Paragraph 13.3.2 of the General Conditions is amended to read as follows: ”Except as otherwise provided in the Contract Documents, no action or failure to act by Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under.”

13.3 Paragraph 13.5 of the General Conditions is deleted in its entirety.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

14.1 Paragraph 14.1.1 of the General Conditions is amended as follows: In the first sentence of said

Paragraph, the phrase “30 consecutive days” is deleted and in lieu thereof the phrase “60 consecutive days” is inserted.

14.2 Paragraph 14.1.3 of the General Conditions is amended to read as follows: “If one of the reasons described in Sections 14.1.1 or 14.4.2 exists, Contractor may, upon fourteen (14) days’ written notice to

Owner and Architect, terminate the Contract and recover from Owner payment for Work performed as of the date of termination along with reasonable overhead and profit on said Work. No recovery shall be allowed for profit on Work not performed or for any other damages of any kind or nature.”

14.3 Paragraph 14.2.2 of the General Conditions is amended to read as follows: “When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of Owner, and after giving Contractor seven (7) days’ written notice, terminate employment of Contractor and may: (a) take possession of the Project site and of all materials, equipment, tools, construction equipment, and machinery thereon owned by Contractor; (b) accept assignment of Subcontracts pursuant to the terms and conditions of this Contract; and, (c) finish the Work by whatever reasonable method Owner may deem appropriate. Nothing herein, however, shall in any manner whatsoever require Owner to take any or all of said actions, and nothing contained herein shall in any manner whatsoever relieve Contractor’s surety from any of its duties, obligations or responsibilities.”

14.4 Paragraph 14.2.4 of the General Conditions is amended to read as follows: “If the unpaid balance of the

Contract Sum exceeds the cost of finishing the Work, including compensation for Architect’s services and expenses made necessary thereby as well as any attorneys’ fees incurred as a result of the default of Contractor, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to Owner. The amount to be paid to Contractor or Owner, as the case may be, shall be certified by Architect, upon application, and this obligation for payment shall survive the termination of the Contract. Payments to Owner under this Paragraph are in addition to all other rights and remedies of Owner.”

14.5 Paragraph 14.2.5 is added to the General Conditions to provide as follows: “If Owner has…