SCAR Contract Documents

COVER

S.C.A.R. (6/16/2020) Cover

INVITATION TO BID NO. 900-22-1018

FEBRUARY 11TH, 2022

SMALL CONSTRUCTION & RENOVATION

DESIGN-BID-BUILD

PROJECT MANUAL

Version 6/16/2020

FOR

GEORGIA BUILDING AUTHORITY

(OWNER)

FOR

PROJECT NO. 2306544

Law Building Parking Deck Repairs

Purchasing Manager: Sean Treadaway

GEORGIA BUILDING AUTHORITY

270 Washington Street, Second Floor Atlanta, Georgia 30334 sean.treadaway@gba.ga.gov

Bid Due Date: Friday April 8th, 2022 Bid Time: 12:00 PM

TABLE OF CONTENTS

S.C.A.R. (6/16/2020) Table of Contents

DESIGN-BID-BUILD PROJECT MANUAL

INVITATION TO BID NO. 900-22-1018

PROJECT NO. 2306544

Law Building Parking Deck Repairs

- BID REQUIREMENTS

- Instructions to Bidders

- Bid Verification and Statement of Qualifications

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

- FORM OF CONTRACT

- Contract General Requirements

- Forms

- Contract Supplementary General Requirements

- SPECIFICATIONS

(List All Sections)

- DRAWINGS

(See Attached Drawings)

- EXAMPLES OF PREVIOUS PROJECTS

BID REQUIREMENTS

INSTRUCTIONS TO BIDDERS

S.C.A.R. (6/16/2020) Bid Requirements

BID REQUIREMENTS:

1. Bidding Documents. The Bidding Documents include the Bid Requirements, Specifications, Drawings, and all Addenda.

2. Bids Shall Comply with Georgia Law. All bids submitted in response to this Invitation to Bid shall be made in general accordance with the applicable provisions of Georgia Law and the provisions of the DOAS Georgia Procurement Manual that are applicable to Public Works Construction Contracts.

3. Bid Submission. All bids must be submitted by the time stated in the Invitation to Bid. The Bid

Verification and Statement of Qualifications, Bid Bond, E-Verify Affidavit and any other forms required to be submitted at the time of bid shall be submitted in the bid package. All blanks on the Bid Verification and Statement of Qualification Form must be completed. Failure to complete entries in all blanks in the Bid Verification and Statement of Qualification Form, or any other required form may be considered sufficient cause for rejection of a bid. The inclusion of any condition, alternate, qualification, limitation, or provision not called for may render the bid non-responsive and may be sufficient cause for rejection of a bid.

4. Alternates. Bids must include prices for all specified alternates, if any. If a price is not provided for all alternates, the bid may be determined non-responsive and not considered for award. Unless otherwise stipulated, all alternates are deductive. Any alternate or alternates, if taken, will be taken in numerical sequence, starting with Alternate #1, to the extent necessary.

5. Bid Bond Required. Each bid must be accompanied with a BID BOND in an amount equal to 5% of the base bid, payable to Owner, in order to guarantee that the successful bidder will enter into the Contract, substantially in accordance with the Contract shown in the Bidding Documents, to construct the project strictly in compliance with the Bidding Documents and Contract. Bid Bonds should be furnished on forms accepted as standard by the insurance industry.

6. Withdrawal of Bids. Bids may be withdrawn by bidders prior to the time set for official opening. After bids have been opened, no bid may be withdrawn for a period of sixty (60) days after the time and date of opening, except as provided in O.C.G.A. § 13-10-22 (appreciable error in calculation of bid).

Negligence or error on the part of any bidder in preparing its bid confers no right of withdrawal or modification of the bid after bid opening, except as otherwise provided by Georgia law.

7. Owner’s Right to Reject Bids. Owner reserves the right to reject any or all bids and to waive technicalities and irregularities. Owner further reserves the right, in its sole and complete discretion, to reject any bid that is over budget and to reject any bid from a bidder that is not responsible. In judging whether the bidder is responsible, Owner will consider, but is not limited to consideration of, the following:

(a) Whether the bidder or its principals are currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any local, state, or federal agency, department, or authority;

(b) Whether the bidder or its principals have been terminated for cause or are currently in default on any contract;

(c) Whether the bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an Experience Modification Rate (EMR) over the past three years not exceeded an average of 1.2; and

(d) Whether the bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, and to comply with the bidder’s contract obligations.

S.C.A.R. (6/16/2020) Bid Requirements

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

9. Bid Preparation Expenses. All expenses for preparing and submitting bids are the sole cost of the party submitting the bid. Owner is not obligated to any party to reimburse such expenses. All bids, upon receipt, become the property of Owner.

10. Open Records Act. As required by the Open Records Act, the details of the bids will remain confidential until final award. Labeling information provided in submittals as “proprietary” or “confidential,” or any other designation of restricted use will not protect the information from public view unless it is otherwise not subject to disclosure under the Open Records Act. Bidders shall be solely responsible for taking all steps necessary to ensure such documents are exempted from disclosure by law.

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

12. Contract Forms and Bonds. The Contract, if awarded, will be substantially in accordance with the

Contract shown in the Bidding Documents. If the Contract is awarded, the successful bidder shall be required to execute the Contract and return it to Owner within ten (10) business days. The successful bidder shall also be required to furnish payment and performance bonds, both in amounts equal to 100% of the Contract Sum along with the executed Contract.

13. Failure to Execute Contract. If the successful bidder fails to execute the Contract within ten (10) business days after notice of such acceptance or if the bidder fails to furnish performance and payment bonds, the obligation of the bid bond, if applicable, will remain in full force and effect and the money payable thereon shall be paid into the funds of Owner.

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

15. Interpretations. No oral interpretations will be made to bidders as to the requirements of the Bidding

Documents. Requests for interpretation of the Bidding Documents shall be made in writing not later than six (6) business days prior to the date set for receipt of bids. All interpretations made to the bidders will be issued in the form of addenda to the Bidding Documents and will be posted to the Georgia Procurement Registry web site. Such addenda are to be acknowledged at the appropriate location on the Bid Form. No addenda will be issued within three (3) business days of the date set for receipt of bids without an extension of the bid date.

16. Trade Names.

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

S.C.A.R. (6/16/2020) Bid Requirements must be received by the Design Professional and the Contracting Officer at least ten (10) business days prior to the date set for the opening of bids.

b. Request for Approval of Substitute Product. All requests for approval of substitution of a product must be made to the Design Professional in writing. The request shall include a copy of the published recommendations of the manufacturer for the installation of the product, together with a complete schedule of changes in the Drawings and Specifications, if any, that must be made in other work in order to permit the use and installation of the proposed product in accordance with the recommendations of the manufacturer of the product. The application must be accompanied by a schedule setting forth in which respects the materials or equipment submitted for consideration differ from the materials or equipment designated in the Bidding Documents. To be approved, a proposed product must also meet or exceed all express requirements of the Bidding Documents.

c. Issuance of Addenda. If the submittal is approved by the Design Professional, an addendum will be issued to all prospective bidders. The successful bidder may furnish no products of any trade names, brand names, or manufacturers’ names except those designated in the Bidding Documents or any addenda.

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

17. Sales Tax. Unless otherwise provided in the Bidding Documents, the successful bidder shall pay all sales, consumer, use and other similar taxes, which are legally enacted at the time bids are received.

18. Examination of Site. In submitting a bid for the Project, the bidder acknowledges that it has visited the Project Site and has taken into consideration all observed conditions that might affect its work.

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

20. Trading with the State, Ethics. By submitting a bid, the bidder certifies that the provisions of law contained in O.C.G.A. §§ 45-10-20 to 45-10-71, which prohibit officials and employees of the State from engaging in certain transactions with the State and State agencies, and the Governor’s Executive Orders governing ethics, have not and will not be violated in any respect in regard to this Contract.

21. Reciprocal Preference Law. In accordance with O.C.G.A. § 13-10-3, vendors resident in the State of Georgia will be granted the same preference over vendors resident in another State in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other State to vendors resident therein over vendors resident in the State of Georgia. A Georgia resident business shall include any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to submitting this bid or a new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place of business shall not include a post office box, site trailer, or temporary structure.

22. Experience Requirement Limitations. No bidder will be disqualified from a bid based upon its lack of previous experience if prohibited by O.C.G.A. § 13-10-4.

S.C.A.R. (6/16/2020) Bid Requirements

23. Georgia Security and Immigration Compliance Act. All bids shall include a Contractor Affidavit required under O.C.G.A § 13-10-91(b)(1), a form of which is attached hereto (“E-Verify Affidavit”).

Failure to submit this form with submission of a bid will result in the rejection of the bid.

BID VERIFICATION AND STATEMENT OF QUALIFICATIONS

S.C.A.R. (6/16/2020) Bid Requirements: Bid Verification and Statement of Qualifications

BID REQUIREMENTS:

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

Under oath, the undersigned submits the following bid verification and statement of qualifications for consideration by Owner:

Firm Name:

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

Address:

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

CITY STATE ZIP

MAILING ADDRESS IF DIFFERENT FROM ABOVE

Telephone Number: Facsimile Number:

Contact Person Name:___________________________ Contact’s Email Address:

Year Organized: Where Incorporated:

Is Firm a Georgia Resident: ☐YES ☐NO

Form of Organization: ☐ Proprietorship ☐ Corporation ☐ Partnership ☐ LLC

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

The firm’s principals are as follows:

(1)

Check One: ☐ President ☐ Partner ☐ Owner

(2)

Check One: ☐ Vice President ☐ Secretary ☐ Partner

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

Number of years engaged in the contracting business under the firm’s current name:

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

Other State General Contractor Licenses, Trade or Specialty Licenses:

Type:_________________________________________ License Number:___________________

Issuing State or Issuing Authority:____________________________________________________

Type:_________________________________________ License Number: ___________________

S.C.A.R. (6/16/2020)

Issuing State or Issuing Authority: ____________________________________________________

In order to be found responsible, Bidder must show successful completion of three similar projects.

Project 1

Project Name:

Project Description (attach additional sheet if necessary):

Project Cost:

Project Reference (Phone number and email:

Project 2

Project 3

Has the bidder refused to execute a contract upon award? ☐YES ☐NO

Has the bidder been declared in default on a contract? ☐YES ☐NO

Has the bidder ever been terminated for cause on a contract? ☐YES ☐NO

Has the bidder, its principals, or officers been convicted of building code violations, bribery, bid rigging, or any other felony involving moral turpitude? ☐YES ☐NO

S.C.A.R. (6/16/2020) Bid Requirements: Bid Verification and Statement of Qualifications

Is the bidder or its principals or officers currently debarred, suspended, or declared ineligible or otherwise excluded from contracting with the Federal government or any state or local governmental entity? ☐

YES ☐NO

In order to be found responsible, Bidder’s Experience Modification Rate (EMR) must be 1.2 or less. Is

Bidder’s EMR greater than 1.2? ☐YES ☐NO

If answer is “Yes” to any statement above, please explain (attach additional sheets if necessary):

1. Base Bid. Having carefully examined the Bidding Documents titled Law Building Parking Deck

Repairs, dated (Insert Date), and Addendum (a) No. (s) ________________________________, as well as the premises and conditions affecting the Work, the undersigned proposes to furnish all services, labor, and materials called for by them for the entire Work, in accordance with said documents, for the sum of:

$__________________________________________, which sum is hereinafter called the “BASE BID.” [the state reserves the right to disqualify any bid submitted which fails to acknowledge receipt of all issued addenda]

2. Bid Bond. Enclosed herewith is a bid bond in the amount of

DOLLARS

($__________________) (being not less than 5% of the base bid) payable to Georgia Building Authority. The undersigned hereby agrees that this bid may not be revoked or withdrawn after the time set for the opening of bids, but shall remain open for acceptance for a period of 60 days following such time.

3. Certification of Proper Licenses. Bidder certifies that it has been granted and possess all necessary, valid, and current licenses to do business in the State of Georgia as issued by the respective State Boards and Government Agencies responsible for regulating and licensing the services to be provided and performed pursuant to this Agreement.

4. Certification of No Fraud or Collusion. I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that provisions of O.C.G.A. § 45-10-20 et seq. have not and will not be violated in any respect.

S.C.A.R. (6/16/2020)

Under oath I certify that I am a principal or other representative of the bidder and that I am authorized by it to execute this Bid Verification on its behalf. I am personally knowledgeable of the foregoing statements of fact, which are true and correct.

BY:

Authorized Signature (BLUE INK PLEASE)

Typed/Printed Name Title

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20___

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires:

NOTICE TO BIDDERS

1) MAKE SURE YOU HAVE SIGNED THIS BID VERIFICATION AND STATEMENT OF

QUALIFICATIONS IN THE SPACE PROVIDED ABOVE.

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

3) YOU MUST PROVIDE THE FOLLOWING FORMS WHEN YOUR BID IS SUBMITTED:

BID BOND

CONTRACTOR AFFIDAVIT UNDER O.C.G.A § 13-10-91 (E-VERIFY AFFIDAVIT)

Bid Requirements: E-Verify Affidavit

CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with

O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the 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(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by

Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

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 _________, _____, 20_____ 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 _____________, 20______.

NOTARY PUBLIC

My Commission Expires: _____

FORM OF CONTRACT

Contract

THIS CONSTRUCTION CONTRACT (hereinafter the “Contract”) is made this day of , by and between (Insert Name of Contractor), hereafter “Contractor,” and the Georgia Building Authority, hereafter called “Owner,” for the construction of Project No. 2297645 – Law Parking Deck Repair (hereinafter the “Project”).

Contractor and Owner agree as follows:

1. The Contract and Scope of Work. The Contract includes this Form of Contract, Contract General Requirements, Supplementary Contract Requirements, Exhibits, and all Drawings and Specifications included in the Bidding Documents titled Insert Title of Bidding Documents), and all Addenda, each of which are incorporated herein. Contractor shall furnish all the materials and perform all the Work described in the Contract and shall do everything required by or reasonably inferable therefrom.

2. The Contract Sum. Owner shall pay Contractor for the full performance of the Work the Contract Sum as follows:

Dollars ($ )

3. Notice. Notice in accordance with Section 1.1.6 of the General Requirements shall be given to the following addresses:

CONTRACTOR:

Attention:

Phone Number:

OWNER:

DESIGN

PROFESSIONAL:

4. Material Completion. The Material Completion Date is .

5. Liquidated Damages. The agreed amount for Liquidated Damages is Dollars ($ ) per day.

6. Energy Efficiency and Sustainable Construction Act of 2008. This project is not subject to the Energy Efficiency and Sustainable Construction Act of 2008 (“Energy Act”). Projects subject to the Energy Act require commissioning, water-use reduction, and use of not less than 10% of Georgia products.

7. No Assignment. This Contract and the proceeds of this Contract shall not be assigned, nor may the performance hereunder be assigned, without the prior written consent of Owner. Any attempted assignment without such prior written consent shall be void.

8. Full Performance; No Waiver. Owner and Contractor hereby agree to the full performance of the Contract. The failure of Owner at any time to require performance by Contractor of any provision will not affect the right of Owner thereafter to enforce such provision or any other provision of the Contract. The failure of Owner to enforce or exercise remedies as a result of any breach of any provision shall not be considered a waiver of such provision, such remedies, any subsequent breach of such provision, or any other provision, or a modification or rescission of the Contract. No provision of this Contract, or right or remedy of Owner, will be deemed waived unless such waiver is in writing and executed by Owner.

9. Severability. If any provision of this Contract, or the application thereof to any person or circumstance, is declared invalid or unenforceable to any extent, then the remainder of this Contract, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.

10. Full Agreement. The Contract supersedes all prior negotiations, discussions, statements, and agreements between Owner and Contractor and constitutes the full, complete, and entire agreement between Owner and Contractor. There can be no changes to this Contract by oral means, by course of conduct of the parties, or by custom of the trade. No change to this Contract will be binding on either party unless such change is properly authorized, in writing, and in accordance with the terms of this Contract.

IN WITNESS WHEREOF the parties hereto have executed this Contract under seal on the day and year first written above.

Contractor

By:_____________________________________

Title:____________________________________

Owner

By:_____________________________________

Title:____________________________________

CONTENTS

CONTRACT GENERAL REQUIREMENTS

1 GENERAL PROVISIONS

1.1 Miscellaneous Contract Requirements

1.2 Bonds, Insurance and Indemnification

1.3 Defined Terms and Basic Definitions

1.4 Time

1.5 Design Professional’s Decisions and Claims

1.6 Contract Suspension and Termination

2 THE WORK

2.1 Pre-Construction Requirements

2.2 Construction Phase Requirements

2.3 Warranties, Inspections and Correcting the Work

2.4 Change Orders

2.5 Project Closeout

2.6 Payment

SECTION 1 – GENERAL PROVISIONS

PART 1 – MISCELLANEOUS CONTRACT REQUIREMENTS

S.C.A.R. (6/16/2020) Contract General Requirements

1 GENERAL PROVISIONS

1.1 Miscellaneous Contract Requirements

1.1.1 Administration of Contract. Both the Owner and Design Professional have construction contract administration duties under the Contract. Design Professional is not the agent of Owner, except to the extent so specified in writing. Design Professional has no authority to unilaterally amend the Contract, orally or in writing, either expressly or by implication.

1.1.2 Requirement for Written Amendment. No amendment to this Contract shall be effective unless it is in writing and signed by duly authorized representatives of the parties. No representation, request, instruction, directive or order, made or given by any official of any agency of the State of Georgia, whether verbal or written shall be effective to amend this contract or excuse or modify performance hereunder unless reduced to a formal amendment and executed as set forth above. Contractor shall not be entitled to additional compensation, delay in performance, or other benefit claimed for relying upon or responding to any such representation, request, instruction, directive, or order. Contractor expressly acknowledges the constitutional prohibition of claims (including Claims) against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, unjust enrichment, quantum meruit, or O.C.G.A. § 13-4-4 (mutual departure from contract terms)

1.1.3 Work Not Subject to Lien. Title to the Site and the Project is vested in the State of Georgia as public property of the State of Georgia and is therefore not subject to levy or lien.

1.1.4 Legal Compliance. This Contract shall be interpreted and governed by the laws of Georgia without regard to principles of conflicts of laws. Contractor shall comply with all laws, rules, regulations, ordinances, and orders of any governmental authority having jurisdiction over the Project or the performance of the Work, and the specific laws noted below, and shall ensure such compliance of its Subcontractors.

1.1.4.1 Open Records Act. Owner and Contractor acknowledge and agree that certain records of the Project and the Work, including records of Subcontractors, are subject to the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., with particular attention being called to O.C.G.A. § 50-18-70(a) regarding the records of private persons, firms, corporations, or other private entities engaged in performance of services or functions on behalf of a state agency, public agency, or public office.

1.1.4.2 Energy Efficiency and Sustainable Construction Act of 2008. All projects subject to the Georgia Energy Efficiency and Sustainable Construction Act of 2008 (“Energy Act”) must be designed so that not less than 10 percent of all building materials used in the project are materials that are harvested, extracted, or manufactured in the State of Georgia where such products are commercially available. Contractor shall track the value of all Georgia-based materials installed in the project. Contractor shall provide documentation to ensure compliance with, and shall complete the Georgia-Based Materials and Products Checklist to certify compliance with, the requirements of the Energy Act. A copy of Georgia-Based Materials and Products Checklist is included in the GSFIC Forms Packet.

1.1.4.3 Use of Georgia Materials and Equipment and Georgia Forest Products. Contractor shall use materials and equipment manufactured or produced in Georgia when the use of Georgia products does not sacrifice quality, increase the cost of the Work, or restrict or limit competitive bidding. If the Work includes forest products, Contractor and its Subcontractors shall use exclusively Georgia forest products if Georgia forest products are available. These provisions shall not apply when in conflict with Federal law, rules, and regulations concerning interstate commerce or construction.

1.1.4.4 Illegal Immigration Reform and Enforcement Act of 2011. Contractor certifies its compliance with Illegal Immigration Reform and Enforcement Act of 2011 and specifically those provisions codified at O.C.G.A.

§ 13-10-90 et seq. Contractor warrants that it has registered with and uses the federal work authorization program commonly known as “E-Verify.” Contractor further agrees that it will contract for the physical performance of services in satisfaction of this Contract only with Subcontractors who present an affidavit as

S.C.A.R. (6/16/2020) Contract General Requirements required by O.C.G.A. § 13-10-91. Contractor warrants that it will include a similar provision in all contracts entered into with Subcontractors for the physical performance of services in satisfaction of this Contract.

1.1.4.5 Drug-Free Workplace. Contractor certifies that it will provide a drug-free work place in accordance with the Drug-Free Workplace Act, O.C.G.A. §§ 50-24-1 et seq.. Contractor certifies that it will secure from all Subcontractors the following written certification: “As part of the subcontracting agreement with (contractor’s name), (subcontractor’s name) certifies to the contractor that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of Code Section 50-24-3.”

1.1.4.6 Applicable Sales and Use Taxes. Contractor shall pay all applicable sales and use taxes, including such taxes on Owner supplied tangible personal property that is to be incorporated into the Project as required by O.C.G.A. 50-24-1(h)(1). Prior to supplying such property, Owner shall provide notice of the amount of tax owed for such tangible personal property.

1.1.4.7 No Boycott of Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Contract not to engage in, a boycott of Israel, as defined in O.C.G.A. §§ 50-5-85.

1.1.4.8 Sexual Harassment Prevention. The State of Georgia is committed to providing a workplace environment free from sexual harassment for its employees and for all persons who interact with state government. The State of Georgia requires that its contractors and their employees and subcontractors who interact with State employees to act in a professional manner to contribute to a work environment that is free from sexual harassment. The State of Georgia has adopted a Statewide Sexual Harassment Prevention Policy, a copy of which is available on-line at http://doas.ga.gov/human-resources-administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy Pursuant to the State of Georgia’s Statewide Sexual Harassment Prevention Policy, all contractors who are regularly on State premises or who regularly interact with State employees must complete sexual harassment prevention training on an annual basis. If Contractor has employees and Subcontractors that are regularly on State premises or who will regularly interact with State personnel, Contractor certifies that:

1.1.4.8.1 Contractor will ensure that such employees and Subcontractors have received, reviewed, and agreed to comply with the State of Georgia’s Statewide Sexual Harassment Prevention Policy;

1.1.4.8.2 Contractor has provided sexual harassment prevention training in the last year to such employees and subcontractors and will continue to do so on an annual basis; or Contractor will ensure that such employees and Subcontractors complete the Georgia Department of Administrative Services’ sexual harassment prevention training located at this direct link https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 prior to accessing State premises and prior to interacting with State employees; and on an annual basis thereafter; and

1.1.4.8.3 Upon request of the State, Contractor will provide documentation substantiating such employees and subcontractors’ acknowledgment of the State of Georgia’s Statewide Sexual Harassment Prevention Policy and annual completion of sexual harassment prevention training.

1.1.5 Applicable Codes. The latest edition of the regulations, rules, and codes listed below, with all amendments as of the date of permitting for construction, shall govern all Work. The following codes, rules, and regulations are adopted and incorporated into the Contract, and it shall be the responsibility of Contractor to familiarize itself with the requirements of these codes, rules, and regulations as applied to the performance of the Work.

1.1.5.1 Building Codes. The following Building Codes, as approved by the Georgia Department of Community Affairs, shall be used. (See O.C.G.A. § 8-2-20 et seq.) Design Professional will designate any additional codes or special modifications in the Construction Documents.

- International Building Code, with Georgia Amendments

- International Fire Code, with Georgia Amendments

- International Plumbing Code, with Georgia Amendments

- International Mechanical Code, with Georgia Amendments

- International Fuel Gas Code, with Georgia Amendments

- National Electrical Code, with Georgia Amendments

S.C.A.R. (6/16/2020) Contract General Requirements

- International Energy Conservation Code, with Georgia Supplements and Amendments

1.1.5.2 Fire, Life Safety, and Accessibility Codes. The following codes, in the versions approved by the Georgia State Fire Marshal/Fire Safety Commissioner and Department of Human Resources, shall be used.

Design Professional will designate any additional codes or special modifications in the Supplementary General Requirements.

- Georgia State Life Safety Code (NFPA 101)

- State Accessibility Codes (See O.C.G.A. § 30-3-3)

- Rules and Regulations of the Georgia Safety Fire Commissioner

1.1.5.3 Adherence to Contract When in Excess of Code. The Construction Documents shall govern when they call for quality of materials, quality of workmanship, or quality of construction which is equal to or in excess of the quality required by the codes stated above.

1.1.5.4 Variances. If Contractor observes that the Construction Documents are at variance with any laws, ordinances, rules, regulations, or codes stated above, it shall promptly give Notice to Owner. If Contractor performs any Work contrary to such laws, ordinances, rules, regulations, or codes without providing such prior Notice to Owner, it shall bear all costs arising therefrom. No variances from the Contract are allowed except to the extent that the said variances are necessary to comply with the above-stated codes. If any express requirements of the Contract are at variance with the above-stated codes, a Change Order shall be executed to bring the Contract into compliance with the above-stated codes.

1.1.6 Notice. Any Notice or other material communication required or permitted under this Contract shall be in writing, dated, and signed by an officer or duly authorized representative of the party making same. Unless otherwise required by the provisions of this Contract, Notice may be sent via electronic mail, fax, U.S. Mail, or hand delivered to the addresses shown in Section 3 of the Form of Contract. All members of the Project Team shall be copied on any Notice. The persons and addresses to which notices should be given may be changed by Notice given in accordance with this Section. Such Notice shall be effective as of the date on which it is received or would have been received but for the refusal of the addressee to accept delivery.

1.1.7 Order of Precedence of Contract and Changes. In the event of conflict among the Contract documents, a Change Order shall control over any previous Change Order; and a Change Order shall control over the Supplementary General Requirements, which shall control over the Form of Contract, which shall control over the General Requirements, which shall control over the Specifications.

1.1.8 Order of Precedence in Construction Documents. The following general principles shall govern the settlement of disputes that may arise over conflicts in the Construction Documents: (a) as between the drawings and specifications, the specifications shall govern; (b) as between figures given on drawings and the scaled measurements, the figures shall govern; and (c) as between large-scale drawings and small-scale drawings, the larger scale shall govern. Conflicts discovered shall be immediately reported to Design Professional.

1.1.9 Intellectual Property Rights in Construction Documents, Drawings, and Models. The Construction Documents and other documents prepared by Design Professional for the Project are the property of Owner. Neither Contractor nor any Subcontractor shall own or claim a copyright in such drawings, specifications, and other similar or related documents; Owner shall retain all common law, statutory, and other intellectual property rights with respect thereto. All models are the property of Owner.

1.1.10 Licenses, Easements and Surveys. Permanent easements for structures shall be obtained and paid for by Owner unless otherwise specified. Any licenses necessary for the permanent operation of the completed Project shall be obtained by the Owner unless otherwise specified. Owner shall furnish all surveys unless otherwise specified.

1.1.11 Owner’s Right to Perform Other Work at the Project Site. Owner reserves the right at any time, upon Notice to Contractor, to perform other work at the Site. Contractor shall afford Owner and Separate Contractors reasonable access to the Site, subject to the Separate Contractors’ compliance with Contractor’s safety rules and Site specific policies, reasonable areas for storage of materials and equipment, and reasonable opportunity to execute work at the Site. Contractor shall, if required by the Contract, coordinate its work with Owner’s Separate Contractors but shall have no responsibility to certify the suitability or correctness of any work performed by Separate Contractors.

PART 2 – BONDS, INSURANCE AND INDEMNIFICATION

S.C.A.R. (6/16/2020) Contract General Requirements

1.2 Bonds, Insurance and Indemnification

1.2.1 Bonds. Upon execution of the Contract, Contractor shall furnish both a performance bond and a payment bond, in the exact form attached hereto, with a penal sum equal to at least the Contract Sum. Surety companies must be acceptable to Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570, as amended) are acceptable to Owner. All bonds at the time of issuance must be issued by a company authorized by the Insurance Commissioner to transact the business of suretyship in the State of Georgia, and shall have an A.M. Best Policyholders Rating of "A-" or better and with a financial size rating of Class V or larger. When any subsequent Change Order, or combination of Change Orders, increases the Contract Sum by five percent (5%) or more, Contractor shall obtain a rider to the payment and performance bonds increasing the penal sum to match the increased Contract Sum.

1.2.2 Indemnification Obligation. Contractor shall indemnify, defend, and hold harmless Owner, the State of Georgia and its departments, agencies and instrumentalities, and all of their respective officers, members, employees, and directors (hereinafter collectively referred to as the "Indemnitees") from and against any and all claims, suits, judgments, liability, demands, losses, costs, or expenses, including reasonable attorneys' fees and other costs of litigation including expert witnesses, arising out of bodily injury (including death), personal injury, and property damage arising out of or resulting from the performance of this Contract or any act or omission on the part of Contractor, its Subcontractors, its agents, employees, or others working at the direction of Contractor or on its behalf, or due to any breach of this Contract by Contractor, or due to the application or violation of any applicable Federal, State or local law, rule, or regulation. The indemnification obligation set forth in this Section extends to the successors and assigns of Contractor, and will survive the termination of the Contract or Contractor’s performance hereunder and the dissolution or, to the extent allowed by law, the bankruptcy of Contractor. If and to the extent such damage or loss (including costs and expenses) covered by such indemnification obligations is paid by the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, the State Employee Broad Form Liability Fund, the State Insurance and Hazard Reserve Fund, or other self-insured funds (all such funds hereinafter collectively referred to as the "Funds") established or maintained by the State of Georgia Department of Administrative Services Risk Management Division (hereinafter "DOAS"), Contractor agrees to reimburse the Funds for such monies paid out by the Funds. Whenever Contractor is obligated to defend the Owner or any other Indemnitee pursuant to this Agreement, Contractor shall use counsel selected or approved by Owner.

1.2.2.1 This indemnification obligation does not extend beyond the scope of the Project, this Contract, and the Work or obligations undertaken thereunder. Nor does this indemnification extend to claims for losses or injuries or damages incurred due to the sole negligence of the Indemnitees.

1.2.2.2 This indemnification does not extend to claims for loses or injuries or damages incurred by the Indemnitees due solely to the negligent acts, errors, or omissions of Design Professional in the performance of professional services in connection with the Project that fail to meet the applicable professional standard of care, skill, and ability as employed by others in their profession.

1.2.3 Insurance Coverage. Contractor shall procure the insurance coverages identified below in accordance with the policy requirements listed below. Contractor shall provide Owner with a Certificate of Insurance showing the required coverage prior to execution of this Contract. If Owner requests, Contractor shall provide a certified copy of insurance policies required hereunder. Owner owes no duties or contractual obligations to any third party and will not be liable to any third party for Contractor’s failure to obtain, or failure to require its Subcontractors to obtain, the insurance required hereunder or required by law.

Worker’s Compensation Insurance Minimum Coverage Limit

Coverage to meet Georgia statutory requirements

Employer’s Liability Insurance Minimum Coverage Limit

Bodily Injury by Accident $1,000,000 per Accident

Bodily Injury by Disease $1,000,000 per Employee $1,000,000 Aggregate

Commercial General Liability Coverage Minimum Coverage Limit

S.C.A.R. (6/16/2020) Contract General Requirements

Premises and Operations $ 1,000,000.00 per Occurrence and $2,000,000 General Aggregate

Products and Completed Operations $1,000,000.00 per Occurrence and $2,000,000 General Aggregate

Personal and Advertising Injury $ 1,000,000.00 per Occurrence

Commercial Automobile Liability Coverage Minimum Coverage Limit

$ 1,000,000.00 combined single limits covering all owned, non-owned, leased or borrowed vehicles used by Contractor in connection with the Work

Commercial Umbrella Liability Minimum Coverage Limit

Projects with Contract Sum Less than $5,000,000

$ 5,000,000 Per Occurrence and General Aggregate

Projects with Contract Sum Less than $15,000,000

$ 10,000,000 Per Occurrence and General Aggregate

Projects with Contract Sum Equal to or Greater than $15,000,000

$20,000,000 Per Occurrence and General Aggregate

Builder’s Risk Minimum Coverage Limit

Coverage in an amount equal to Contract Sum

1.2.3.1 Workers' Compensation Policy Requirements. A group insurer must submit a certificate of authority from the Insurance Commissioner approving the group insurance plan.

1.2.3.2 Commercial General Liability Policy Requirements. Commercial General Liability Insurance shall be provided by the 2004 ISO Occurrence Form, or its equivalent, that shall include, without limitation, coverage for bodily injury and property damage arising from premises and operations liability, independent contractors, products and completed operations, blasting and explosion, collapse of structures, underground damage, personal and advertising injury, and contractual liability. The Commercial General Liability policy shall contain no exclusion for Subcontractor work and may not contain ISO endorsement CG 22 94 10 01 or similar. The policy must include separate aggregate limits per project.

1.2.3.3 Commercial Business Automobile Liability Requirements. The Commercial Business Automobile Liability Insurance shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned, or hired automobile and shall be issued on an “occurrence” basis.

1.2.3.4 Commercial Umbrella Liability Requirements. Commercial Umbrella Liability Insurance shall provide excess coverage above the Commercial General Liability, Commercial Business Automobile Liability and the Workers' Compensation and Employers' Liability and shall be issued on an “occurrence” basis.

1.2.3.5 Additional Insured Requirements. Contractor shall cause its insurer to issue an additional insured Endorsement naming Owner and all Indemnitees as additional insureds on all required liability policies (except for Workers Compensation and, if required, Professional Liability).

1.2.3.6 Builders Risk Policy Requirements. Builder’s Risk Policy shall be made payable to Owner and Contractor, as their interests may appear, and shall include in the interests of Contractor’s Subcontractors. The policy shall be written on a Builder’s Risk “All Risk,” or its equivalent, and include coverage for collapse, pollution, water or flood damage, earthquake, subsidence, testing, and boiler and machinery perils (unless covered by separate insurance). The form of policy for Builder’s Risk shall be “Completed Value.” The Builder’s Risk Policy shall have a deductible of not more than $25,000 (or such other amount as approved by Owner in writing), and payment of the deductible shall be the responsibility of Contractor, except to the extent the loss is caused by Owner, in which case Owner shall pay a share of the deductible proportionate to its fault. The Builder’s Risk Policy shall cover portions of the Work stored off site or in transit. The policy shall be endorsed as follows:

The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy:

(i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use;

S.C.A.R. (6/16/2020) Contract General Requirements

(ii) Partial or complete occupancy by Owner; and

(iii) Performance of work in connection with construction operations insured by Owner, by agents or lessees or other Contractors of Owner

In the event that the Contract is for renovation, addition, or modification of an existing structure and Builders Risk Insurance is not available, Owner will accept an Installation Floater Insurance Policy with the above endorsements in lieu of the Builders' Risk Insurance Policy. Such floater must insure loss to materials and equipment prior to acceptance by Owner and must be on an ALL RISK BASIS with the policy written on a specific job site.

1.2.3.7 Waiver of Subrogation. Contractor hereby waives all rights of subrogation against Owner and all Indemnitees and additional insureds required under this Contract to the extent a loss is covered by any insurance maintained by any party hereto, and Contractor shall require similar waivers from its Subcontractors. All insurance policies required to be maintained by Contractor shall contain a waiver of subrogation by the insurer in favor of the Owner and all Indemnitees and additional insureds required under this Contract.

1.2.3.8 Insurer Qualifications. All insurance providers shall be authorized by the Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance, and shall have an A.M Best Policyholders Rating of "A" or better and with a financial size rating of Class V or larger.

1.2.3.9 Termination of Obligation to Insure. Unless otherwise expressly provided to the contrary, the obligation to insure as provided herein shall not…