Social Circle Gas Contract _ Connor Springs S.pdf

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

CONNOR SPRINGS S/D MAIN EXTENSION

FOR

THE CITY OF SOCIAL CIRCLE

PREPARED ON BEHALF OF

THE HONORABLE MAYOR AND COUNCIL

OF

THE CITY OF SOCIAL CIRCLE, GEORGIA

MAYOR------------------------------------------------- David Keener

MAYOR PRO TEM ---------------------------------- Traysa Price

COUNCIL MEMBER --------------------------------Nathan Boyd

COUNCIL MEMBER --------------------------------Tyson Jackson

COUNCIL MEMBER --------------------------------Steve Shelton

CITY MANAGER-------------------------------------Edwin Taylor

CITY ATTORNEY -----------------------------------Anthony O. L. Powell

DIRECTOR OF PUBLIC WORKS ---------------Robbie Groves

PREPARED BY:

CITY OF SOCIAL CIRCLE, GEORGIA

PUBLIC WORKS DEPARTMENT

166 N CHEROKEE RD

SOCIAL CIRCLE, GA 30025

PHONE # (770) 464 - 2380

FAX # (770) 464-2113

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

CONNOR SPRINGS S/D MAIN EXTENSION

FOR

THE CITY OF SOCIAL CIRCLE

SPECIFICATIONS

DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS

00300 Bid Proposal 00500 Contract Agreement 00510 Notice of Award 00520 Notice to Proceed 00610 Performance Bond 00620 Payment Bond 00700 General Conditions 00800 Supplemental General Conditions 00805 Special Assurances 00810 Certification, License and Test Requirements 00820 Material Specifications 00830 General Construction Methods 00840 Measurement and Payment 00850 Certificate of Owners Attorney 00900 Pay Request Form 1 00910 Contract Change Order

END OF SECTION

- ii -

00300-1

SECTION 00300

PROPOSAL

TO THE CITY OF SOCIAL CIRCLE, GEORGIA

FOR

CONNOR SPRINGS S/D MAIN EXTENSION

Submitted: March 1, 2024

The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Site and the Specifications for the work and contractual documents relative thereto, and has read all instructions to Bidders and General Conditions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed.

The Bidder proposes and agrees, if this Proposal is accepted, to Contract with the City of Social Circle, Georgia, in the form of Contract specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the work in full and complete accordance with the shown, noted and reasonably intended requirements of the Specifications and Contract Documents to the full and entire satisfaction of the City of Social Circle, Georgia with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents. The Bidder acknowledges that the work will be performed under contract for the amounts stated in this Bid Proposal.

Contractors are required to submit Bid Bond, Payment Bond, and Performance Bonds in the exact form as outlined herein.

The Bidder acknowledges receipt of the following addendum:

CITY OF SOCIAL CIRCLE

CONNOR SPRINGS S/D MAIN EXTENSION

BID FORM

NO. ITEM UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

1) 2" SDR 11 PE 2406/2708 Polyethylene Line Pipe (Includes tie in to existing PE Main and the Installation of two (2) 2" Poly-ball valves and valve boxes) LF 10,000

2) 2" Poly-ball valves and valve boxes

EA 3

3) Tie-in to existing main

EA 2

4) Rock bore addition to Items 1 & 2 above

LF 300 $100 $30,000

5) Squeegie/Pad Material

LF 50 $5 $250

6) Hard Surface Haul-off

SQ FT 50 $4 $100

7) Type C Silt Fence

LF 100 $3 $300

8) Hay Bales (staked)

EA 20 $10 $200

9) Tree Protection and Buffer Delineation Orange Fencing

LF 25 $3 $75

10) Per foot of Extra Depth where required

LF 50 $10 $500

11) Solid Rock Excavation

CY 10 $200 $2000

12) Asphalt/concrete replacement

SQ FT 10 $15 $150

GRAND TOTAL =

Submitted By: Title:

Company: Date:

Signature:

00300-3

Amounts are to be shown in numbers only. It is understood that the estimated quantities in the Bid Proposal are approximate and are used only for comparison of bids and are subject to increase or decrease as required to properly complete the Contract work. The low bidder shall be determined based on the TOTAL BID PRICE. Furthermore, the Contractor shall be responsible for including all items required to perform the project as indicated on the plans and specifications and including all costs into the most appropriate unit prices, if not explicitly described in the Payment paragraph of each section.

The Bidder agrees hereby to commence work under this contract, with adequate personnel and equipment, on a date to be specified in a written order of the Engineer, and to fully complete all Work under this Contract within Sixty (60) consecutive calendar days from and including said date. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter required to complete all work as heretofore provided in the Instructions to Bidders.

The Bidder declares an understanding that the quantities shown for unit price items are subject to either increase or decrease, and that should the quantities of any of the items of Work be increased, the Bidder proposes to do the additional Work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for additional costs or anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of work, at which time adjustment will be made to the Contract amount by direct increase or decrease. ALTHOUGH

THE CONTRACT PRICE MAY BE DECREASED IF THE QUANTITIES OR UNITS DECREASE, THE

CONTRACT PRICE MAY NOT BE INCREASED BY MORE THAN TWO THOUSAND DOLLARS ($2,000.00)

WITHOUT WRITTEN APPROVAL OF MAYOR AND COUNCIL IN ADVANCE OF PERFORMING THE

WORK OR PROVIDING THE MATERIALS.

In case of discrepancies between the figures shown in the unit prices and the totals, the unit prices shall apply, and the totals shall be corrected to agree with the unit prices.

The Bidder furthermore agrees that, in the case of a failure to execute the Contract Agreement and Bonds within ten days after receipt of conformed Contract Documents for execution, the attached Bid Bond accompanying this Bid and the moneys payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure.

BIDDER:

By:

Name:

(Please Print)

Title:

Address:

Phone:

ATTEST:

Name:

(Please Print)

Title:

Note: If the Bidder is a corporation, the Bid shall be signed by an officer of the corporation; if a partnership, it shall be signed by a partner. If signed by others, authority for signature shall be attached.

00300-4

Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary.

The full names and addresses of persons or parties interested in the foregoing Bid, as principals, are as follows:

NAME ADDRESS

SECTION 00500

CONTRACT AGREEMENT

This Agreement made and entered into on the day of , 2024 by and between the

City of Social Circle, Georgia, party of the first part (hereinafter called the "Owner"), and

, party of the second part, (hereinafter called the "Contractor"), WITNESSETH:

That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows:

1. That the Contractor will furnish all products, tools, construction equipment, skill, and labor of every description necessary to carry out and to complete CONNOR SPRINGS S/D MAIN EXTENSION in a good, firm, substantial and workmanlike manner the construction of but is not limited to the following major items:

1. Installation of Polyethylene Gas Pipe and Appurtances by trench and bore

2. Installation of three (3) valves with valve boxes

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

DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS

00300 Bid Proposal 00500 Contract Agreement 00510 Notice of Award 00520 Notice to Proceed 00610 Performance Bond 00620 Payment Bond 00700 General Conditions 00800 Supplemental General Conditions 00805 00810 00820 00830 00840

Special Assurances Certification, License and Test Requirements Material Specifications General Construction Methods Measurement and Payment

00850 Certificate of Owner’s Attorney 00900 Pay Request Form 1 00910 Contract Change Order

DIVISION 18 ADDENDA

No. Date Year

3. The following drawings are part of this contract:

CONNOR SPRINGS S/D MAIN EXTENSION

4. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written Notice to Proceed and shall fully complete all work within Sixty (60) consecutive calendar days. Time is of the essence and is an essential element of this Contract, and the Contractor shall pay to the Owner, not as a penalty, but as liquidated damages, the sum of Five Hundred Dollars ($500) for each working day that he shall be in default of completing the work within the time limit named herein. The Owner shall consider extensions to the Contract Time only if a formal request for extension is submitted in writing with back-up information, and the extension is due to circumstances beyond the Contractor’s control. If the Contractor abandons the Contract before commencement of the work or defaults in completion of all the work after commencement thereof, the

5. Contractor shall be liable for such liquidated damages. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the Owner and the Contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages incurred by the Owner and the general public of the City of Social Circle, Georgia, as a result of the failure on the part of the Contractor to complete the work on time. Such liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the Contract.

6. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications and Proposal, in lawful money of the United States the sum of 1 0 0 Dollars ($ ) which sum shall also pay for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from unforeseen obstructions or difficulties encountered in the execution of the work, and for all expenses incurred by, or in consequence of the work, its suspension or discontinuance, and for well and faithfully completing the work and the whole thereof, as herein provided, and for replacing defective work or products for a period of one year after completion.

7. The Owner shall make monthly partial payments to the Contractor in accordance with the provisions of the Contract Documents.

8. Contractor shall perform all the work for this project, in accordance with the provisions of the Contract Documents.

9. This contract is conditioned on both parties’ compliance with the requirements of O.C.G.A. § 13-10-91. The City of Social Circle employs 100 or more employees and is in compliance with O.G.C.A. § 13-10-91. Contractor hereby states that it has complied with the requirements of O.G.C.A. § 13-10-91, as attested to by the attached affidavit, and will obtain the employee-number category and eligibility verification from all subcontracts it uses regarding this project.

Sample affidavits for contractors and subcontractors are attached hereto as EXHIBIT “A” and EXHIBIT “B” respectively.

10. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the surety bonds hereto attached for its faithful performance, the Owner shall deem the sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after the receipt of notice from the Owner to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such an event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner.

11. Disputes arising out of this contract shall be heard in the superior courts of Walton County, Georgia. The Owner and Contractor agree that jurisdiction and venue are proper in the superior courts of Walton County, Georgia, exclusively, and they hereby waive any defenses they may have to improper venue, lack of jurisdiction over their person, and lack of subject matter jurisdiction.

12. This agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the parties.

13. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or un-enforceability shall not affect the other provisions, and the remaining provisions of this agreement shall be given full effect.

14. The Contractor agrees to indemnify Owner and hold Owner and its agents and employees harmless from and against all actions, causes of action, suits, liabilities, claims, damages, losses, costs and expenses (including attorney’s fees and costs) arising out of or resulting from (a) any act or omission of Contractor in the performance or non-performance of the Work or its obligations hereunder, (b) any breach of contract by Contractor, and (c) any claim for injury to person or property arising out of, or in the course of, the Work as contemplated by this Contract. The parties hereto agree that the terms of this Paragraph 5 shall survive any termination or expiration of the Contract.

In any and all claims against the Owner, or any of their agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workmen's compensation acts, disability benefit acts or other employee benefits acts.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement under their respective seals on the day and date first above written in two (2) counterparts, each of which shall without proof or accounting for the other counterparts, be deemed an original Contract.

CITY OF SOCIAL CIRCLE, GEORGIA

By:

Name:

Title:____________________________________ Seal

Attest:

Name:

Title: _____________________________________

Approved as to Form Before Execution:

By:

Attorney for the Owner

Name:

CONTRACTOR:

By:

Name:

Title: Seal

Attest:

Name:

Title:

Signed and Sealed in the presence of:

By:

Notary Public

NOTE: If the Contractor is a corporation, the Agreement shall be signed by the President or Vice President, attested by the Secretary and the corporate seal affixed. If the Contractor is a partnership, the Agreement shall be signed in the partnership name by one of the partners, with indication that he is a general partner.

EXHIBIT “A”

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.G.C.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Social Circle has registered with and is participating in the Employment Eligibility Verification (EEV)/Basic Pilot Program, or E- Verify, in accordance with the applicability provisions and deadlines established in O.G.C.A. § 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Social Circle, contractor will secure from such subcontractor(s) similar verification of compliance with O.G.C.A. § 13-10-91 via sworm affidavit attesting to compliance. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Social Circle at the time the subcontractor(s) is retained to perform such service.

EEV/Basic Pilot Program User Identification Number

Sworn to and subscribed before me this day of , 2024.

Notary Public Signature Date

Printed Name

My Commission Expires: Entity

Title of Officer or Agent

EXHIBIT “B”

SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.G.C.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 on behalf of the City of Social Circle has registered with and is participating in the Employment Eligibility Verification (EEV)/Basic Pilot Program, or E-Verifiy, in accordance with the applicability provisions and deadlines established in O.G.C.A. § 13-10-91.

EEV/Basic Pilot Program User Identification Number

Sworn to and subscribed before me this day of , 2024.

Notary Public Signature Date

Printed Name

My Commission Expires: Entity

Title of Officer or Agent

510-1

SECTION 00510

NOTICE OF AWARD

TO:

PROJECT KNOWN AS: CONNOR SPRINGS S/D MAIN EXTENSION

FOR: THE CITY OF SOCIAL CIRCLE, GEORGIA

The OWNER has considered the Proposal submitted by you for the above-described Work in response to its Advertisement for Bids dated , 2024.

You are hereby notified that your Bid in the amount of $ has been accepted for the works as described and delineated within the contract documents and plans as provided for this project.

You are required to furnish the required Contractor's Performance Bond, Payment Bond, and certificates of insurance to be included in the Agreement between the City of Social Circle and

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this day of , 2024.

CITY OF SOCIAL CIRCLE, OWNER

By:

Printed Name:

Title:

ACCEPTANCE OF NOTICE

Receipt of this above NOTICE OF AWARD is hereby acknowledged by , a duly sworn agent of or an authorized representative for , this the____ day of , 2024.

By:

Name:

Title:

520-1

SECTION 00520

NOTICE TO PROCEED

TO:

PROJECT KNOWN AS: CONNOR SPRINGS S/D MAIN EXTENSION

FOR: THE CITY OF SOCIAL CIRCLE, GEORGIA

You are hereby notified to commence work in accordance with the Agreement dated , 2024 on or before , 2024 and you are to complete the work within Sixty (60) consecutive calendar days thereafter. The date of completion of all work is therefore , 2024.

You are required to provide the OWNER with a Proposed Schedule for the Project before any construction can commence.

You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER.

Dated this day of , 2024.

CITY OF SOCIAL CIRCLE, OWNER

By:

Name:

Title:

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , a duly sworn agent of or an authorized representative for , this the day of , 2024.

By:

Name:

Title:

00610-1

SECTION 00610

PERFORMANCE BOND

STATE OF GEORGIA

COUNTY OF WALTON

KNOW ALL MEN BY THESE PRESENTS, that , as Principal, hereinafter called Contractor, and as Surety, are held firmly bound unto The City of Social Circle, Georgia, hereinafter called Owner, as Obligee, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents.

WHEREAS, Contractor has by written agreement dated , 2024, entered into a Contract with Owner for:

Those obligations and work described in said contract relating to the construction of CONNOR SPRINGS S/D MAIN

EXTENSION.

In accordance with Specifications provided by the City of Social Circle, which are by reference made a part of the Contract and a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the Owner and their representative and save either or all of them harmless against and from all costs, expenses and damages arising from the performances of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions:

A. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provisions of said Contract.

B. This Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the Owner or Owner's Representative shall provide that the Contractor guarantee to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good defects thereof which have become apparent before the expiration of said period of one (1) year. If any part of the project, in the judgment of the Owner, for the reasons above stated needs to be replaced, repaired or made good during that time, the Owner shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work within five (5) days from the date of service of such notice, the Owners shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety.

C. 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 way affect its obligations on this bond; and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

D. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's Rating of " _" and Financial Category of "Class ".

00610-2

E. All claims and disputes under this Bond shall be subject to the Jurisdiction of the Superior Courts of Walton County, Georgia. Venue shall lie only in the Superior Courts of Walton County, Georgia. With respect to any claims or disputes under this bond, the Principal and Surety hereby waive any defenses of lack of personal or subject matter jurisdiction or lack of venue in the Superior Courts of Walton County and agree to have all disputes heard in the Superior Courts of Walton County.

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 of Georgia.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this the day of , 2024, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

WITNESSES: PRINCIPAL:

(If Sole Ownership or Partnership, two (2) witnesses required. If Corporation, Secretary only will attest and affix seal). Name of Firm

Signature of Authorized Officer (Affix Seal)

Title

Business Address

City State

SURETY:

WITNESS:

Corporate Surety

Attorney-in-Fact (Affix Seal)

Business Address

City State

Name of Local Insurance Agency

00620-1

SECTION 00620

PAYMENT BOND

STATE OF GEORGIA

COUNTY OF WALTON

KNOW ALL MEN BY THESE PRESENTS, that , as Principal, hereinafter called Contractor, and as Surety, are held firmly bound unto The City of Social Circle, Georgia, as Obligee, in the amount of

Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents.

WHEREAS, Contractor has by written agreement dated , 2024, entered into a Contract with Owner for:

Those obligations and work described in said contract relating to the construction of CONNOR SPRINGS S/D MAIN

EXTENSION.

In accordance with Specifications prepared by the City of Social Circle, and which are by reference made a part of the Contract and a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, the Bond shall remain in full force and effect, subject to the following terms and conditions:

A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract and as further defined under Georgia law.

B. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of a lien for labor or materials furnished for any work included in or provided by said Contract.

C. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specification applicable thereto shall in any way affect its obligation on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications.

D. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's rating of " " and Financial Category of " Class ". The Surety also warrants and represents that it is legally authorized to do business in the State of Georgia.

E. All claims and disputes under this Bond shall be subject to the jurisdiction of the Superior Courts of Walton County, Georgia. Venue shall lie only in the Superior Courts of Walton County, Georgia. With respect to any claims or disputes under this bond, the Principal and Surety hereby waive any defenses of lack of personal or subject matter jurisdiction or lack of venue in the Superior Court of Walton County and agree to have all disputes heard in the Superior Courts of Walton County.

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 of Georgia.

00620-2

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this the day of , 2024, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

PRINCIPAL:

WITNESSES: (If Sole Ownership or Partnership, two (2) witnesses required. Name of Firm If Corporation, Secretary only will attest And affix seal.)

Signature of Authorized Officer (Affix Seal)

Title

Business Address

City State

SURETY:

WITNESS:

Corporate Surety

Attorney-in-Fact (Affix Seal)

Business Address

City State

Name of Local Insurance Agency

00700-1

SECTION 00700

GENERAL CONDITIONS

1. Notice of Award of Contract: Proposals submitted shall be good for a ninety (90) day period (any reference herein to “day” shall mean a calendar day). Within ninety (90) days after receipt of proposal, the Owner shall notify the successful bidder of the award of the Contract.

Should the Owner require additional time to award a Contract, the time may be extended by mutual agreement between the Owner and the successful bidder. If an Award of Contract has not been made within ninety (90) days from the bid date or within the extension mutually agreed upon, the bidder may withdraw the bid without further liability on the part of either party.

2. Execution of Contract Documents: The OWNER and the CONTRACTOR, will furnish the OWNER'S Attorney such evidence as required so that the OWNER'S Attorney can complete and execute "Certificate of Owner's Attorney" before the OWNER submits the executed Contract Documents to the Contractor. With the notification of Award of Contract, the Owner shall furnish the Contractor four (4) confirmed copies of Contract Documents for execution by him and his surety.

Within (5) days after receipt of the notification of Award of Contract, the Contractor shall return all the documents properly executed by himself and his surety. Attached to each document shall be the power of attorney for the person executing the bonds for the surety and certificates of insurance for the required insurance coverage.

Within three (3) days after receipt of the documents executed by the Contractor and his surety with the power of attorney and certificates of insurance, the Owner shall complete the execution of the documents. The General Contractor will receive one copy of the completed signed documents.

Should the Contractor and/or surety fail to execute the documents within time specified, the Owner shall have the right to proceed on the bid bond accompanying the bid.

If the Owner fails to execute the documents within the time limit specified, the Contractor shall have the right to withdraw his bid without penalty.

Should either party require an extension of any of the time limits stated above, this shall be done only by mutual agreement between both parties.

3. Contract Security: The Contractor shall furnish a Performance Bond and a Payment Bond in penal sums equal to the amount of the Contract Price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and products in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the State of Georgia and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570, as amended. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business in the State of Georgia or is removed from the list of Surety Companies accepted on Federal bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety shall have furnished an acceptable bond to the Owner.

The person executing the bond on behalf of the surety shall file with the bond a general power of attorney, unlimited as to amount and type of bond covered by such power of attorney and certified to by an official of said surety.

00700-2

4. Insurance: The Contractor shall not commence work under this Contract until all insurance described below has been obtained and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved by the Contractor.

(a) Workmen's Compensation: The Contractor shall procure and shall maintain during the life of the Contract Agreement, Workmen's Compensation Insurance for all of his employees to be engaged in work on the project under this Contract, and in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation insurance. Workmen's Compensation insurance shall include Broad Form All States endorsement.

(b) Comprehensive General Liability: The Contractor shall procure and shall maintain during the life of the Contract Agreement, such Comprehensive General Liability insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for Bodily injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract Agreement, whether such operations are by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of insurance shall not be less than the following:

$2,000,000 Bodily Injury, including death, each occurrence.

$1,000,000 Property Damage, each occurrence.

$2,000,000 Property Damage, in the aggregate.

The insurance shall include coverage of the following hazards:

Products/Completed Operations Independent Contractors Contractual Liability Underground Explosion/Collapse

(c) Owner's Protective Liability: The Contractor shall procure and shall maintain during the life of the Contract Agreement, Owner's Protective Liability Insurance with the same limits as the Comprehensive General Liability.

(d) Automobile Liability: The Contractor shall procure and shall maintain during the life of the Contract Agreement, Comprehensive Automobile Liability insurance in amounts not less than the following:

$1,000,000 Bodily Injury or death to any one person.

$1,000,000 Bodily Injury, each occurrence.

$1,000,000 Property Damage, each occurrence.

The insurance shall include coverage for non-owned and hired vehicles.

(e) Materials and Equipment Floater: The Contractor shall procure and shall maintain during the life of the Contract Agreement, Materials, and Equipment Floater Insurance to protect the interests of the Owner, Contractor, and subcontractor against loss by vandalism, malicious mischief, and all hazards included in a standard All Risk Endorsement including a building risk insurance for the total amount of the building bid.

The amount of the insurance shall at all times equal or exceed the full amount of the Contract. The policies shall be in the names of the Owner and the Contractor.

(f) Certificates of Insurance: Certificates acceptable to the Owner shall be attached to the signed Contract Documents when they are transmitted to the Owner for execution. These certificates shall contain the statement that "Coverage afforded under the policies will not be canceled unless AT LEAST THIRTY

(30) days prior to cancellation written notice has been given to the Owner, as evidenced by receipts of registered or certified mail.

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5. Indemnification: The Contractor agrees to indemnify Owner and hold Owner and its agents and employees harmless from and against all actions, causes of action, suits, liabilities, claims, damages, losses, costs and expenses (including attorney’s fees and costs) arising out of or resulting from (a) any act or omission of Contractor in the performance or non-performance of the Work or its obligations hereunder, (b) any breach of contract by Contractor, and (c) any claim for injury to person or property arising out of, or in the course of, the Work as contemplated by this Contract. The parties hereto agree that the terms of this Paragraph 5 shall survive any termination or expiration of the Contract.

In any and all claims against the Owner, or any of their agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workmen's compensation acts, disability benefit acts or other employee benefits acts.

6. Notice to Proceed: The Notice to Proceed shall be issued following the pre-construction conference within three

(3) days of the execution of the Contract Agreement by the Owner. If there are reasons why the Notice to Proceed should not be issued within this period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the three (3) day period or within the period mutually agreed upon, the Contractor may terminate the Contract Agreement without further liability on the part of either party.

7. Suspension of Work, Termination and Delay:

(a) If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he files a petition to take advantage of any debtors act, or to reorganize under the bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient skilled workmen, materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his surety a minimum of seven (7) days from delivery of a written notice, terminate the services of the Contractor and take possession of the project and of all products, tools, construction equipment and machinery thereon owned by the Contractor, and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished.

If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services such excess will be paid by the Contractor and/or his surety to the Owner. Such costs incurred by the Owner will be determined by the Owner and incorporated in a change order.

(b) Where the Contractor's services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the Owner due to the Contractor will not release the Contractor from compliance with the Contract Documents.

(c) After ten (10) days from delivery of a written notice to the Contractor, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained.

8. Assignments: The Contractor shall not assign the whole or any part of this Contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior liens of all persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in this contract.

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9. Subcontracting; Small, Minority and Women's Businesses: If the CONTRACTOR intends to let any subcontracts for a portion of the work, the CONTRACTOR shall take affirmative steps to assure that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall consist of (1) including qualified small minority, and women's businesses on solicitation lists; (2) assuring that small, minority and women's businesses are solicited whenever they are potential sources; (3) dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of small, minority and women's businesses; (4) establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority and women's businesses; (5) using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the U.S. Department of Commerce; (6) requiring each party to a subcontract to take the affirmative steps of this section; and (7) CONTRACTORS are encouraged to procure goods and services from labor surplus area firms.

(a) The Contractor shall not subcontract the complete work, or any major part thereof, and shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given except upon the basis of written statements containing such information as the Owner may require.

(b) The Contractor shall utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors.

If the Contractor desires to perform specialty work he shall submit a request to the Owner accompanied by evidence that the Contractor's own organization has successfully performed the work in question, is presently competent to perform the work, and the performance of the work by specialty subcontractors will result in materially increased costs or inordinate delays.

(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents.

(e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner.

10. Authority of the Owner: The Owner will appoint a representative to act on its behalf during the construction period. The appointed representative shall decide questions which may arise, such as those pertaining to quality and acceptability of products furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The representative will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. He shall judge as to the accuracy of quantities submitted by the Contractor in partial payment estimates and the acceptability of the work which these quantities represent. The decisions of the Owner’s representative shall be final and conclusive and binding upon all parties to the Contract.

11. Separate Contracts:

(a) The Owner reserves the right to let other contracts in connection with this project. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their products and the execution of their work, and the Contractor and other Contractors shall properly connect and coordinate their work with each other. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor the Contractor shall inspect and promptly report to the owners’ representative any defects in such work that render it unsuitable for such proper execution and results.

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(b) The Owner may perform additional work related to the project with its own forces. The Contractor will afford the Owner reasonable opportunity for the introduction and storage of products and the execution of work, and shall properly connect and coordinate his work with theirs.

(c) If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others cost him an additional expense or time, he may be entitled to additional moneys or an extension of the Contract Time. The Contractor may make a claim therefore as provided in "Changes in the Contract."

12. Laws and Regulations: All applicable Federal, State, and County laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract as though written out in full herein. The Contractor shall keep himself fully informed of all laws, ordinances and regulations of the Federal, State, County, and municipal governments or authorities 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 jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall promptly report the same in writing to the Owner. He shall at all times observe and comply with all such existing and future laws, ordinance and regulations and shall protect and indemnify the Owner and its agents against the violation of any such law, ordinance, regulation, order or decree, whether by himself or by his employees.

Permits and licenses of a temporary nature, including building permits, necessary for the execution of the work shall be secured by Contractor.

13. Taxes: The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. The Owner will be responsible for any sales or use tax due on products furnished by the Owner to the Contractor to be incorporated into the work.

14. Notice and Service Thereof:

(a) All Notices, demands, requests, instructions, approvals, and claims shall be in writing.

(b) Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor specified in the Bid (or at such other office as the Contractor may from time to time designate to the Owner in writing), or if deposited in the United States Mail in a sealed, postage, prepaid envelope, or delivered, with charges prepaid, to any telegraph company for transmission, in each case addressed to such office.

(c) All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to the City of Social Circle, at the office of the City Clerk, Social Circle, Georgia. Any notice to or demand upon the Owner shall be sufficiently given if delivered to the office of the City Clerk or if deposited in the United States Mail in a sealed, postage, prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to said Clerk or to such other representative of the Owner or to such other address as the Owner may subsequently specify in writing to the Contractor for such purposes.

(d) Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post or (in the case of telegrams) at the time of actual receipt, as the case may be.

15. Patents: The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the owner and its officers, agents, and employees harmless from loss on account thereof, if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such infringement unless he notifies the Owner prior to the

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16. Land and Rights of Way: The Owner will provide, as indicated in the Contract Documents and prior to Notice to Proceed, the lands upon which the work is to be done, right-of-way for access thereto, and such other lands which are designated for the use of the Contractor. The Contractor shall confine his work and all associated activities to the easements and other areas designated for his use.