Savannah Circle Storm Drain

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

For

THE CITY OF HAWKINSVILLE GA

SAVANNAH CIRCLE STORM DRAIN IMPROVEMENTS

Project # 0101-22A

February 2022

96 Broad St

Hawkinsville, GA 31036

478-892-3240

HAWKINSVILLE, GA

SAVANNAH CIRCLE STORM DRAINAGE IMPROVEMENTS

TABLE OF CONTENTS

Section 00100 Invitation to Bid Section 00200 Instructions to Bidders Section 00210 Notice to Bidders Section 00400 Proposal Section 00410 E-Verify Affidavit Section 00420 E-Verify Subcontractor Affidavit Section 00450 Bid Bond Section 00500 Agreement Section 00600 Performance Bond Section 00610 Payment Bond Section 00620 Certificate of Owner's Attorney Section 00700 General Conditions Section 00800 Supplementary Conditions - OMITTED Section 00845 Certification of Non-Segregated Facilities Section 00900 Drawings and Specifications

HAWKINSVILLE, GEORGIA 00200-1

02/22

SECTION 00100

INVITATION TO BID

SAVANNAH CIRCLE STORM DRAINAGE IMPROVEMENTS

FOR

HAWKINSVILLE, GA

Sealed Bids will be received at the Hawkinsville City Hall located at 96 Broad St. Hawkinsville GA 31036 until 2:00 PM

Thursday March 17, 2022 for the following project:

SAVANNAH CIRCLE STORM DRAINAGE IMPROVEMENTS

Hawkinsville GA

Bid and Contract Documents are available electronically sent via email.

Please email Ronnie Kent at ronnie@ocmengllc.com

For an electronic copy of the bid package and contract documents.

Hawkinsville GA reserves the right to accept or reject any or all bids and to waive technicalities.

mailto:ronnie@ocmengllc.com

HAWKINSVILLE, GEORGIA 00200-2

02/22

SECTION 00200

INSTRUCTIONS TO BIDDERS

1. Defined Terms: The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Invitation to Bid, Instructions to Bidders, the Proposal and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids.)

2. Copies of Bidding Documents:

2.1 Complete sets of Bidding Documents must be used in preparing Bids; Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.2 Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

3. Qualifications of Bidders: To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request, written evidence, such as financial data, previous experience, past litigation history, present commitments and other such data as may be called for in the General Conditions. Each bidder must have a utility contractor’s license from the State of Georgia to be considered.

4. Examination of Contract Documents and Site:

4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Bidding Documents thoroughly, (b) visit the sites to become familiar with local condi-tions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, pro-gress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Bidding Documents, and (e) notify Owner of all conflicts, errors or discrepancies in the Bidding Documents.

4.2 (OMITTED)

4.3 (OMITTED)

4.4 (OMITTED)

4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions

HAWKINSVILLE, GEORGIA 00200-3

(surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Bidding Documents.

4.6 (OMITTED)

4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Bidding Documents, and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. Interpretations and Addenda:

5.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Owner. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Owner as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner.

6. Bid Security:

6.1 All bids must be accompanied by a Bid Bond in the amount not less than ten percent (10%) of the Total Base Bid. Performance and Payment Bond, each in the amount of one hundred percent (100%) of the total contract amount, will be required of the successful bidder at execution of contract. Bonds must be written by an acceptable Surety Company licensed to do business in the State of Georgia and listed in the Department of Treasury, Circular 570, latest edition.

HAWKINSVILLE, GEORGIA 00200-4

7. (OMITTED)

8. Indemnification: The Contractor must agree to indemnify and to hold the Owner, its employees, and agents harmless from any and all claims for damages to persons and/or property arising out of or in any way connected with the performance by Contractor of any work, services, or functions contracted for.

9. Contract Time: The number of days within which, or the dates by which, the Work is to be completed and ready for final payment on or by June 30, 2022 and is set forth in the Proposal and the Agreement.

10. Liquidated Damages: As time is an essential element in this contract, all work shall be completed within the allotted time as specified in item nine (9) above. For each calendar day that any portion of the road construction shall remain uncompleted after the end of the time specified, the amount of Two Hundred Dollars per calendar day ($200.00/day) will be assessed. The amount is assessed not as a penalty, but as a predetermined and agreed liquidated damages to be used, in part, to pay any additional expenses incurred by the Owner as a result of being delayed.

a. (OMITTED)

b. (OMITTED)

c. (OMITTED)

11. Substitute or "Or Equal" Items: The materials and equipment described in the Bidding

Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Owner at least fifteen days prior to the date for receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or Work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner's decision of approval or disapproval of a proposed substitution shall be final. If Owner approves any proposed substitution, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. This paragraph will only apply to major material and equipment listed in the Proposal.

12. Subcontractors, Suppliers and Others:

12.1 If the General Conditions require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid

HAWKINSVILLE, GEORGIA 00200-5

opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. Each Subcontractor, Supplier, person or organization shall be on the GDOT list of approved subcontractors and material sources. The Contractor shall provide Owner with a copy of an E-Verify Subcontractor Affidavit for each subcontractor intended to employ on the project. If Owner after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

12.2 If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner.

12.3 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

13. Proposal:

13.1 The Proposal is included with the Bidding Documents; additional copies may be obtained from Owner.

13.2 All blanks in the Proposal must be completed in ink or by typewriter.

13.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

13.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

13.5 All names must be typed or printed below the signature.

13.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Proposal).

13.7 The address and telephone number for communications regarding the Bid must be

HAWKINSVILLE, GEORGIA 00200-6

shown.

14. Submission of Bids:

14.1 Bids shall be submitted at the time and place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder. The Contractor’s E-Verify Company

Identification Number shall also be marked on the outside of the envelope and a notarized contractor affidavit enclosed. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. A completed W-9 form will also be required.

15. Modification and Withdrawal of Bids:

15.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

15.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and any Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

17. Opening of Bids: Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

17. Bids to Remain Subject to Acceptance: All bids will remain subject to acceptance for sixty days after the day of the Bid opening, but Owner may, in its sole discretion, and in accordance with Instructions to Bidders, Section 15.2, release any Bid and return the Bid security prior to that date.

18. Award of Contract:

18.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

HAWKINSVILLE, GEORGIA 00200-7

18.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form and prior to the Notice of Award.

18.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

18.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Bidding Documents to Owner's satisfaction within the prescribed time.

18.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of the Project.

18.6 If the Contract is to be awarded, Owner will give the Successful Bidder a written

Notice of Award within sixty days after the day of the Bid opening.

18.7 The Owner reserves the right to award the contract conditional upon funds being made available for such construction.

19. Contract Security: CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents.

CONTRACTOR shall also furnish such other Bonds as are required by the General Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act.

19.1 When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds.

HAWKINSVILLE, GEORGIA 00200-8

20. Taxes: The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemption and complying with all requirements. The Contractor shall include all Federal, State and local taxes in his bid. The Contractor shall indemnify, defend and hold harmless, Owner, and their employees, agents and representatives from and against any and all claims, damages, losses, penalties, fines and tax liabilities whatsoever resulting from Contractor's failure to include such taxes in his bid, pay any such tax or comply with any applicable tax requirements or statutes.

21. Signing of Agreement: When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds, E-Verify and S.A.V.E. Affidavits. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor.

22. Laws and Regulations: The Contractor shall keep himself fully informed of all laws, ordinances and regulations of State, City and County in any manner affecting those engaged or employed in the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdic-tion or authority over same. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall forthwith report the same in writing to the Owner. He shall at all times, himself, observe and comply with all such existing and future laws, ordinances and regulations and shall protect and indemnify the Owner and its agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree whether by himself or by his employees.

22.1 The Successful Bidder will be required to provide the OWNER with E-Verify and

S.A.V.E. affidavits.

23. Non-Segregated Facilities: Bidders must certify that they do not and will not, maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed or national origin. Execution of the "Certification of Non-Segregated Facilities" contained within these documents must be accomplished and submitted with the Bid.

END OF SECTION

Hawkinsville, GEORGIA 00210-1

04/22

SECTION 00210

NOTICE TO BIDDERS

1. (OMITTED)

2. (OMITTED)

3. The Proposal shall be filled out completely and must be signed by a person having authority to legally obligate the Bidder. If the Bidder is a corporation, the Seal of the Corporation must be attached to the Proposal form.

4. (OMITTED)

5. (OMITTED)

6. Licensing: Each bidder must have a Utility Contractors License issued in the state of

Georgia to be considered.

7. (OMITTED)

8. The CONTRACTOR will provide the OWNER with E-Verify and S.A.V.E. affidavits.

HAWKINSVIILE, GEORGIA 00400-1

SECTION 00400

PROPOSAL

Hawkinsville, Georgia To: City of Hawkinsville Savannah Circle Storm Drainage Improvements Place: 96 Broad St

Date: Thursday March 17, 2022

Time: 2:00 PM

Proposal of (hereinafter called "Bidder") a corporation organized and existing under the laws of the State of Georgia.

TO: City of Hawkinsville 96 Broad Street

Gentlemen:

The Bidder, in compliance with your Instruction to Bidders for the Hawkinsville GA Savannah

Circle Storm Drainage Improvements having examined the maps and specifications with related contract documents and the site of the work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents, within the time set forth therein, and at the price stated below. This price is to cover all expenses incurred in performing the work required under the contract documents of which this PROPOSAL is a part.

The work to be done consists of furnishing all materials and performing all labor necessary to complete the Savannah Circle Storm Drainage Improvements Project. All work shall be done in accordance with the following: GDOT Specifications.

The Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the work on or by June 30, 2022 thereafter as stipulated in the specifications.

As time is an essential element in this contract, all work shall be completed within the allotted time as specified on Page 00500-1. For each calendar day that any portion of the roadway construction shall remain uncompleted after the end of the time specified, the amount of Two Hundred Dollars per calendar day ($200.00/day) will be assessed. The amount is assessed not as a penalty, but as a predetermined and agreed liquidated damages to be used, in part, to pay any additional expenses incurred by the Owner as a result of being delayed.

HAWKINSVIILE, GEORGIA 00400-3

Total Base Bid $_______________________

(in Words)

___________________________________________ and____________________________(Dollars)

Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

The unit and lump sum prices shown shall include all labor, materials, bailing, shoring removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receiving bids.

The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

The Bidder hereby agrees to commence work under this contract with adequate forces and equipment, on a date to be specified in a written work order of the Owner, and to fully complete the work on or by June 30, 2022.

SEAL (if bid is by Corp.)

Bidder

By

Title

Address of Bidder

Telephone Number

HAWKINSVILLE, GEORGIA 00410-1

Section 00410

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

By executing this affidavit, the undersigned contractor verifies its compliance with

O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Hawkinsville GA, has registered with, is authorized to use and uses the federal work authorization program commonly known as

E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

Name of Project

Name of Public Employer

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

Executed on ______, ___, 2022 in __________________(city), ______(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________, 2022.

NOTARY PUBLIC

My Commission Expires:

HAWKINSVILLE, GEORGIA 00420-1

Section 00420

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

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. §

13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with __________________________ (name of contractor) on behalf of Hawkinsville, GA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Subcontractor

Name of Project

Name of Public Employer

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

Executed on ______, ___, 2022 in _____________________(city), ______(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________, 2022.

NOTARY PUBLIC

My Commission Expires:

HAWKINSVILLE, GEORGIA 00450-1

SAVANNAH CIRCLE STORM DRAINAGE IMOROVEMENTS

SECTION 00450

BID BOND

STATE OF GEORGIA

City of Hawkinsville

KNOW ALL MEN BY THESE PRESENTS, that we, ________________________________, as

Principal, and _______________________________, as Surety, are held and firmly bound unto the

________________________________ for the sum of ______________________________ Dollars

($______________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted to the Owner a Proposal for:

Hawkinsville GA Savannah Circle Storm Drainage Improvements

NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the Principal shall within ten days after receipt of conformed contract documents execute a contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Owner and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to the Owner, each in an amount of one hundred percent (100%) of the total contract price, in form and with security satisfactory to the Owner, or in the event of the failure of the Contractor to execute and deliver the Contract Agreement and give said Performance and Payment Bonds, the Contractor shall pay the Owner the difference not to exceed the penalty hereof between the amount specified in said Proposal and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said Proposal, and execute the Special Assurances form, then this obligation shall be void; otherwise, it shall be and remain in full force and virtue in law;

and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36-10-1 et seq and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

HAWKINSVILLE, GEORGIA 00450-2

SAVANNAH CIRCLE STORM DRAINAGE IMOROVEMENTS

02/22

IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on day of , 2022.

PRINCIPAL: ____________________________________________________________________

Signed and sealed in By: _________________________________ The presence of

1. __________________________________ Title: ________________________________

2. __________________________________

SURETY: ______________________________________________________________________

Signed and sealed in By: _________________________________ The presence of:

1. __________________________________ Title: _______________________________

2. __________________________________

HAWKINSVILLE GEORGIA 00500-1

SECTION 00500

AGREEMENT

THIS AGREEMENT, made this day of , 2022 by and between Hawkinsville, Georgia, hereinafter called "OWNER" and

__________________________ doing business as a corporation in the State of Georgia, herein-after called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the construction of the Savannah

Circle Storm Drainage Improvements and all other incidental work required by the

Contract Documents for a complete project hereinafter called the "WORK".

2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the WORK.

3. The CONTRACTOR will commence the work required by the CONTRACT

DOCUMENTS on the date indicated in the NOTICE TO PROCEED and will complete the same on or by June 30, 2022 unless the contract time is extended as provided in the

General Conditions.

4. The CONTRACTOR agrees to perform all of the Work described in the CONTRACT

DOCUMENTS and comply with the terms therein for the sum of $____________________ or as shown in the Proposal schedule.

5. For each calendar day that any portion of the construction shall remain uncompleted after the end of the time specified, the amount of two hundred dollars per calendar day

($200/day) will be assessed. The amount is assessed not as a penalty, but as a predetermined and agreed liquidated damages to be used, in part, to pay any additional expenses incurred by the Owner as a result of being delayed.

HAWKINSVILLE GEORGIA 00500-2

6. It is understood and agreed between the parties that the Owner is in no way connected with actual performance of this contract on the part of the Contractor, nor as to the employment of labor or the incurring of other expenses; that the Contractor is an independent contractor in the performance of each and every part of this contract and so liable for all labor and expenses in connection therewith and for all damages which may be occasioned on account of the operation of this contract, whether the same be for personal injuries or damages of any kind. Nothing in this Agreement shall be construed to be inconsistent with the Contractor's status as an independent contractor, or construed to constitute the Contractor, or any of its agents or employees as agents, employees, or representatives of the Owner. The Contractor will superintend the execution of all work covered by this Agreement which shall be in the exclusive charge and control of the

Contractor. The Contractor agrees that as an independent contractor, it will not assert in any legal action by claim or defense, or take the position in any administrative procedures that it is an agent or employee of the Owner. The Contractor further agrees that as an independent contractor it cannot and will not encumber the Owner with any obligation and that it will make no representation to any person or any party on behalf of the Owner.

“CONTRACTOR hereby indemnifies OWNER against all liabilities, claims, and demands for personal injury or property damage arising out of or caused by any act or omission of the

CONTRACTOR, his subcontractors, agents, or employees arising in or about the premises at any time from the date of this agreement to final completion of the construction.

CONTRACTOR further covenants to use proper care and caution in the performance of its work hereunder so as not to cause damage to any adjoining or adjacent property, and

CONTRACTOR shall indemnify and hold the OWNER harmless from any liabilities, claims or demands for damage to such adjoining or adjacent property.”

HAWKINSVILLE GEORGIA 00500-3

7. This Agreement shall not be assigned without the prior written approval of the

Owner; and in the event of such assignment without approval, this Agreement shall be void.

This Agreement can only be changed, modified, added to or deleted from by the mutual consent of the parties in writing. This document contains the entire agreement between the parties and no statement or representation not contained herein shall be valid.

8. This Agreement is entered into between Hawkinsville GA and the Contractor and any disputes arising thereunder, shall not be subject to arbitration.

9. The term "CONTRACT DOCUMENTS" means and includes the following:

Section 00100 Invitation to Bid Section 00200 Instructions to Bidders Section 00210 Notice to Bidders

Section 00400 Proposal Section 00410 E-Verify Affidavit Section 00420 Subcontractor E-Verify Affidavit Section 00450 Bid Bond Section 00500 Agreement Section 00600 Performance Bond Section 00610 Payment Bond Section 00620 Certificate of Owner's Attorney Section 00700 General Conditions Section 00800 Supplementary Conditions - OMITTED Section 00845 Certification of Nonsegregated Facilities

Georgia Department of Transportation Standard Specifications (Current addition) and

Supplemental Specifications.

Addenda: No. , dated,

10. The term “ENGINEER” shall mean a representative for Hawkinsville GA as assigned by the Hawkinsville GA Mayor

11. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT

DOCUMENTS.

12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

HAWKINSVILLE GEORGIA 00500-4

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two ( 2 ) counterparts each of which shall be deemed an original on the date first above written.

OWNER (Hawkinsville, GEORGIA): CONTRACTOR:

BY: BY:

NAME: NAME:

TITLE: TITLE:

ADDRESS:

(SEAL) (SEAL)

ATTEST: ATTEST:

NAME: NAME:

TITLE: TITLE:

HAWKINSVILLE, GEORGIA 00600-1

SECTION 00600

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called the Principal (Corporation, Partnership, or Individual)

(Name of Surety)

(Address of Surety)

Herein after called Surety, are held and firmly bound unto City of Hawkinsville GA (Name of Owner)

96 Broad St Hawkinsville, GA 31036 (Address of Owner)

Herein after called OWNER, in the penal sum of

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of:

Hawkinsville GA Savannah Circle Storm Drainage Improvements

NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety, and during the one year guaranty period, and if he shall satisfy all claims and demands

HAWKINSVILLE, GEORGIA 00600-2

incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022.

HAWKINSVILLE, GEORGIA 00600-3

ATTEST:

Principal Principal Secretary

(SEAL)

BY: (s)

(Address)

Witness as to Principal Surety

By: (Address) Attorney-in-Fact By:

(Address) ATTEST:

Witness as to Surety

NOTE: DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: 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 where the PROJECT is located.

HAWKINSVILLE, GEORGIA

SECTION 00610

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, and (Corporation, Partnership or Individual)

(Name of Surety)

(Address of Surety)

Herein after called Surety, are held and firmly bound unto

City of Hawkinsville (Name of Owner)

96 Broad Street Hawkinsville Ga 31036 (Address of Owner)

Herein after called OWNER, in the penal sum of

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of:

SAVANNAH CIRCLE STORM DRAINAGE IMPROVEMENTS

NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this the day of , 2022.

Principal Principal Secretary

(SEAL)

BY: (s)

Witness as to Principal Surety

By: (Address) Attorney-in-Fact

Witness as to Surety

NOTE: DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: 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 where the PROJECT is located.

HAWKINSVILLE, GEORGIA 00620-1

SECTION 00620

CERTIFICATE OF OWNER'S ATTORNEY

I, the undersigned, , the duly authorized and acting legal representative of Hawkinsville, Ga do hereby certify as follows: I have examined the foregoing contract and surety bonds and the manner of execution thereof, and I am of the opinion that to the best of my knowledge, without independent verification each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

Signature of Attorney

(Hawkinsville, GA)

Date

HAWKINSVILLE, GEORGIA 00700-1

SECTION 00700

GENERAL CONDITIONS

1. PAYMENT: Payment Applications must be submitted by the 25th of each month in order to be paid in the following month. The CONTRACTOR will submit a schedule of values for all of the Work completed in the covered time period which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction.

2. COMMENCEMENT AND COMPLETION OF WORK: The Contractor shall commence the

Work on the date indicated in the Notice to Proceed and shall diligently prosecute said Work so as to complete the entire project and place it in use within the calendar days noted for each division.

3. SCOPE OF THE WORK: The Work includes the furnishing of all necessary machinery, equipment, tools, labor and other construction means, and all materials and equipment required to perform the Work and including the placing of the Work into satisfactory operation.

4. LOCATION: The work under this Contract will be located in Hawkinsville, Georgia.

5. EXTENSION OF TIME AND FAILURE TO COMPLETE ON TIME: The Contract Time may only be changed by a Change Order or a Written Amendment. The Contract Time will only be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR.

Failure to complete the Project on or before the stipulated completion date will result in the assessment of liquidated damages in the amount stated in the Proposal.

6. REPORTS AND DRAWINGS USED BY THE OWNER: In the preparation of Drawings and

Specifications, OWNER has relied upon:

6.1 The following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are contiguous to the site of the Work.

a. None

6.2 The following reports of explorations and tests of subsurface conditions at the site of the work.

a. None

7. SANITARY CONVENIENCES: The CONTRACTOR shall provide adequate sanitary conveniences for use of those employed on the work and their use shall be strictly enforced.

Such conveniences shall be made available when the first employees arrive on the site and shall be removed after the departure of the last employees from the job.

HAWKINSVILLE, GEORGIA 00700-2

8. ENVIRONMENTAL IMPACT: The CONTRACTOR shall conduct all operations so as to minimize, to the greatest extent possible, adverse environmental impact.

8.1 Noise: All equipment and machinery shall be provided with exhaust mufflers maintained in good working order so as to reduce operating noise to minimum levels.

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

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

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

11. ADJUSTMENT OF DISCREPANCIES: In all cases of discrepancies between the various dimensions, the matter shall be submitted to the OWNER for clarification. Without such a decision, discrepancies shall be adjusted by the CONTRACTOR at his own risk and in settlement of any complications arising from such adjustment, the CONTRACTOR shall bear all of the extra expense involved.

12. RESTORATION: The CONTRACTOR shall conduct his operations so that restoration of roadways, driveways, curb and gutter, ditches and easements is complete at the time a request for final review is made by the Contractor.

Reasonable care shall be taken during construction to avoid damage to vegetation.

Ornamental shrubbery and tree branches shall be temporarily tied back, where appropriate, to minimize damage. Trees which receive damage to branches shall be trimmed of those branches to improve the appearance of the tree. Tree trunks receiving damage from equipment shall be treated with a tree dressing.

13. MAINTENANCE DURING CONSTRUCTION: The CONTRACTOR shall maintain the Work from the beginning of construction operations until final acceptance. This maintenance shall constitute continuous and effective work prosecuted day by day with adequate equipment and forces to the end that the site and structures thereon are kept in satisfactory condition at all times, including satisfactory signing or marking as appropriate and control of traffic where required by use of traffic control devices as required by the State in which this project is located. Signal loops must be maintained at the CONTRACTOR’S expense at all times.

Upon completion of the Work, the CONTRACTOR shall remove all construction signs and barriers before final acceptance.

HAWKINSVILLE, GEORGIA 00700-3

While undergoing improvements, the roads shall be kept open to all traffic by the CONTRACTOR. Bus routes (in and out of school zones) must be kept open at all times during construction. In addition, Contractor is responsible for providing at a minimum one drive access for all commercial businesses during construction. Drive access must be coordinated by CONTRACTOR with the business owner. The CONTRACTOR shall keep the portion of the site being used by public traffic, whether it is through or local traffic, in such condition that traffic will be adequately accommodated. Residential driveways must be maintained at all times under all conditions. The CONTRACTOR shall bear all cost of signs and markings as required and other maintenance work during construction and before the Work is accepted and of constructing and maintaining such approaches, crossings, intersections, and other features as may be necessary.

14. BARRICADES, DANGER, WARNING & DETOUR SIGNS: The CONTRACTOR…