Houston County HVAC Replacement – Multiple Locations PFA Project #21092M

CONTRACT DOCUMENTS

FOR

Houston County HVAC Replacement- Multiple Locations

FOR THE

HOUSTON COUNTY BOARD OF

EDUCATION

PFA Project #21092M October 2021

TABLE OF CONTENTS

FOR

Houston County HVAC Replacement –

Multiple Locations

FOR THE

HOUSTON COUNTY BOARD OF EDUCATION

00100 ADVERTISEMENT FOR BIDS

00200 INSTRUCTION TO BIDDERS

00400 PROPOSAL

00410 E-VERIFY AFFIDAVIT

00420 SUBCONTRACTOR E-VERIFY AFFIDAVIT

00430 BID BOND

00500 AGREEMENT

00610 PERFORMANCE BOND

00615 PAYMENT BOND

00620 CERTIFICATE OF ATTORNEY

00700 GENERAL CONDITIONS

00800 SUPPLEMENTARY CONDITIONS

SECTION 00100

INVITATION FOR BIDS

Sealed Proposals for the Houston County HVAC Replacement – Multiple Locations for the Houston County Board of Education will be received until 2:00 PM local time, Tuesday, November 30, 2021 at Houston County Board of Education, 1100 Main St., Bldg. A, Perry, Georgia 31069, at which time and place they will be publicly opened and read. No bid may be withdrawn after the closing time for the receipt of bids for a period of sixty (60) calendar days.

PRE-BID CONFERENCE – 11:00 AM LOCAL TIME, TUESDAY, November 16, 2021 at the

HOUSTON COUNTY BOARD OF EDUCATION.

E-Verify Requirement: All bidders shall provide their signed E-Verify affidavit with their bid.

Bids will not be considered without the Contractor affidavit. The successful bidder is responsible for obtaining a signed E-verify affidavit from their Subcontractors and Sub-subcontractors.

The work to be done consists of furnishing all materials, equipment and labor necessary to replace HVAC equipment as shown on contract documents. The work shall be installed as detailed on the construction drawings and specified herein and all incidental work required for a complete and functional installation. Contractors are responsible for working in and maintaining an owner-occupied building. All construction shall comply with the 2012 International Mechanical Code and local City Standard Specifications.

Plans, Specifications and Contract Documents Drawings and Bid Documents may be obtained from PFA Engineering, Inc. 1201 Broad Street - Suite 3A, Augusta, Georgia 30901, 706-722-3959 or email: gcartledge@pfaengineers.com.

Bonds: The successful bidder, if awarded the Contract, will be required to furnish a Performance Bond in the amount of one hundred percent (100%) of the Contract amount and a Payment Bond in the amount of one hundred percent (100%) of the Contract amount.

License: The Bidder shall hold a current Contractor’s License issued by the Georgia State Construction Industry Licensing Board.

Owner’s Right: The Houston County Board of Education reserves the right to reject any or all bids, to waive any technicalities and informalities and re-advertise. The Houston County Board of Education further reserves the right to award this contract in whole or in part.

END OF SECTION

SECTION 00200

INSTRUCTIONS TO BIDDERS

1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Bidder – One who submits a Bid directly to the Houston County Board of Education, as distinct from a sub-bidder, who submits a bid to a bidder.

B. Successful Bidder – The lowest, qualified, responsible and responsive Bidder to whom the Houston County Board of Education (on the basis of Houston County Board of Education’s evaluation of bid and qualifications as hereinafter provided) makes an award.

C. Bidding Documents – Includes the Advertisement for Bids, Instructions to Bidders, the Proposal, Bid Bond and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Engineer.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Houston County Board of Education nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Houston County Board of Education and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder should submit written evidence of the following data. Bidder understands that completing the questions is not required but the answers will be one of the primary tools used to evaluate the Bidders’ qualifications.

A. Evidence of Bidder’s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract.

B. Bidder’s state contractor license number.

3.02 Bidder is advised to carefully review those portions of the Proposal requiring Bidder’s representations and certifications.

3.03 The Houston County Board of Education may request additional information from Bidders.

Such information must be submitted to the Houston County Board of Education within five

(5) business days of the request.

4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 On request in advance, Houston County Board of Education will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder accepts all liability for any possible damages, accidents or injuries incurred by Bidder on Houston County Board of Education property during their reconnaissance of the Site. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.02 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents.

B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work

C. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. Make or obtain, at Bidder’s own expense, any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

E. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.03 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5 – PRE-BID CONFERENCE – 11:00 AM LOCAL TIME, TUESDAY, November 16, 2021

AT THE HOUSTON COUNTY BOARD OF EDUCATION.

6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Houston County Board of Education unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

6.02 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.03 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Houston County Board of Education or Engineer.

7 – BID SECURITY

7.01 A Bid must be accompanied by Bid security made payable to Houston County Board of Education in an amount of ten percent (10%) of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Houston County Board of Education may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Houston County Board of Education’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Houston County Board of Education believes to have a reasonable chance of receiving the award may be retained by Houston County Board of Education until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

7.03 Bid security of other Bidders whom Houston County Board of Education believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

8 – CONTRACT TIMES

8.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Proposal and the Agreement.

9 – LIQUIDATED DAMAGES

9.01 There will be no Liquidated Damages for this project.

10 – SUBSTITUTE AND “OR-EQUAL” ITEMS

10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, dimension, function, appearance and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids.

Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder.

Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

11 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

11.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities (including those who are to furnish the principal items of material and equipment) to be submitted to Houston County Board of Education in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Houston County Board of Education a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Houston County Board of Education. If Houston County Board of Education or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Houston County Board of Education may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute without an increase in the Bid price.

11.02 If apparent Successful Bidder declines to make any such substitution, Houston County Board of Education may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder.

Any Subcontractor, Supplier, individual, or entity so listed and against which Houston County Board of Education or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Houston County Board of Education and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

11.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

12 – PREPARATION OF BID

12.01 The Proposal is included with the Bidding Documents. Additional copies may be obtained from Engineer.

12.02 All blanks on the Proposal shall be completed in ink or by typewriter and the Proposal signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Proposal. A Bid price shall be indicated for each Bid item listed therein, or, if applicable, the designated Division of the Project for which the Bid is submitted. In the case of optional alternatives, the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

12.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

12.06 All names shall be typed or printed in ink below the signatures.

12.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Proposal.

12.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

12.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number shall also be shown on the Proposal.

13 – BASIS OF BID; COMPARISON OF BIDS

13.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

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

14 – SUBMITTAL OF BID

14.01 Prospective Bidders are furnished one bound copy of the Bidding Documents. With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Proposal, and, if required, the Bid Bond Form. The unbound copy of the Proposal is to be completed and submitted with any other required documents.

14.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), and the name, Georgia contractor license number and address of the Bidder, and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope or package plainly marked on the outside with the notation “BID ENCLOSED”. A mailed Bid shall be addressed to Houston County Board of Education, 1100 Main St, Perry, Georgia 31069, Attn: Scott Hill, Director of Facilities. Bids submitted without the Georgia contractor license number on the outside of the envelope will be returned to the Bidder unopened.

14.03 The Bid must include the “E-Verify Contractor Affidavit” signed by the contractor’s authorized officer. A copy of the affidavit is in Section 00410 – E-verify Affidavit

15 – MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

15.02 If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Houston County Board of Education and promptly thereafter demonstrates to the reasonable satisfaction of Houston County Board of Education that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

16 – OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

17 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Proposal, but Houston County Board of Education may, in its sole discretion, release any Bid and return the Bid security if any prior to the end of this period.

18 – EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Houston County Board of Education reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids.

Houston County Board of Education further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

Houston County Board of Education may also reject the Bid of any Bidder if Houston County Board of Education believes that it would not be in the best interest of the Project to make an award to that Bidder. Houston County Board of Education also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

18.03 In evaluating Bids, Houston County Board of Education will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Proposal or prior to the Notice of Award.

18.04 In evaluating Bidders, Houston County Board of Education will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

18.05 Houston County Board of Education may conduct such investigations as Houston County Board of Education deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

18.06 If the Contract is to be awarded, Houston County Board of Education will award the Contract to the Bidder whose Bid is in the best interests of the Project.

18.07 If the Contract is to be awarded, Houston County Board of Education will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening.

19 – CONTRACT SECURITY AND INSURANCE

19.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Houston County Board of Education’s requirements as to Performance and Payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Houston County Board of Education, it shall be accompanied by such bonds.

20 – SIGNING OF AGREEMENT

20.01 When Houston County Board of Education issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within ten (10) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Houston County Board of Education with the required Bonds. Within ten (10) days thereafter, Houston County Board of Education shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

21 – LAWS AND REGULATIONS

21.01 The Contractor shall keep himself fully informed of all laws, ordinances and regulations of State, City and County in any manner affecting those engaged or employed in the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same.

If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall forthwith report the same in writing to the Houston County Board of Education. Contractor, or any employee of Contractor, shall at all times observe and comply with all such existing and future laws, ordinances and regulations and shall protect and indemnify the Houston County Board of Education and its agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree whether by himself or by his employees.

22 – SPECIAL PROVISIONS

22.02 This project is being funded with Houston County Board of Education funds

SECTION 00400

PROPOSAL

Houston County HVAC Replacement – Multiple Location

Place: Houston County Board of Education

1100 Main St

Perry, GA 31069

Date: Tuesday November 30, 2021

Time: 2:00 P.M.

Proposal of ______________________ (hereinafter called “Bidder”) a corporation organized and existing under the laws of the State of _________________ a partnership, or an individual doing business as .

TO: Houston County Board of Education

Gentlemen:

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

The Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written “Notice to Proceed” of Houston County Board of Education and to fully complete the work by June 30, 2022

The Bidder acknowledges receipt of the following addenda:

TOTAL BASE BID $_________________________

The above total bid price is a tabulation of an itemized bid and shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the furnished work. The quantities listed in the proposal are estimated. Actual quantities will be paid for upon installation.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the closing time for the receipt of bids.

The Bidder understands that Houston County Board of Education reserves the right to reject any or all bids and to waive any technicalities and informalities in the bidding and re-advertise.

The Bidder also understands that the additional information on the company’s qualifications is required to be submitted with the bid and that the successful bidder may or may not be the low bidder. Houston County Board of Education reserves the right to evaluate each Bidders’ qualifications and bid prior to award.

Attached hereto is a for the sum of

____ ______________________________________ Dollars ($ _________________ ) according to the conditions of the “Instructions to Bidders”.

SEAL (if bid is by Corp.)

Bidder: _______________________

Contractor License No. ___________________

ATTEST:

(Signature)

By________________________________

(Print):______________________

Title: ________________________

Corporation Address:

Address of Bidder

Phone Number of Bidder State of Corporation

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

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Houston County Board of Education has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number: ____________________________

Date of Authorization: ______________________________

Name of Contractor: ________________________________

Name of Project: ___________________________________

Name of Public Employer

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

Executed on ______ , ___, 201__ 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: _____________________________

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

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with

____________________________________ (name of contractor) on behalf of Houston County Board of Education has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-1091(b).

Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Subcontractor

Name of Project

Name of Public Employer

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

Executed on , ___, 201__ 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______________ ,201__.

NOTARY PUBLIC

My Commission Expires: ________________________

SECTION 00430

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): _______________________________________________________

SURETY (Name and Address of Principal Place of Business): ______________________________

OWNER (Name and Address): _______________________________________________________

BID

Bid Due Date: _________________________

Description (Project Name and Include Location): _______________________________

BOND

Bond Number: ____________________________________

Date (Not earlier than Bid due date): _________________________

Penal sum ________________________________________ $_____________________

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assign to pay to Houston County Board of Education upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Houston County Board of Education’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Houston County Board of Education) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Houston County Board of Education accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Houston County Board of Education) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Houston County Board of Education, or

3.3 Houston County Board of Education fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Houston County Board of Education, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Houston County Board of Education and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

SECTION 00500

AGREEMENT

THIS AGREEMENT is by and between Houston County Board of Education (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 The work to be done consists of furnishing all materials, equipment and labor necessary to replace HVAC equipment as shown on contract documents. The work shall be installed as detailed on the construction drawings and specified herein and all incidental work required for a complete and functional installation. Contractors are responsible for working in and maintaining an owner-occupied building. All construction shall comply with the 2012 International Mechanical Code and local City Standard Specifications.

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Houston County HVAC Replacement – Multiple Locations

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by PFA Engineering, Inc. (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Completion and Final Payment: The Work will be fully completed by June 30, 2022.

4.03 Liquidated Damages: There will be no liquidated damages for this project.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01.A below:

For all Work, at the sum of $________________________________________________, as stated in

Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment prior to the 25th of each month.

6.02 Progress Payments; Retainage

A. Retainage is 10% of the completed work until fully accepted by Houston County Board of Education.

6.03 Final Payment

A. Upon final completion and acceptance of the Work, payment will be made in full.

ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS

7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied, if any, all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), and (2) reports and drawings of Hazardous Environmental Conditions.

E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports, if any, and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 7.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract

Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8 – CONTRACT DOCUMENTS

8.01 Contents

A. The Contract Documents consist of the following:

00100 Invitation to Bid

00200 Instructions to Bidders 00400 Proposal

00410 E-Verify Affidavit

00420 Subcontractor Affidavit

00430 Bid Bond

00500 Agreement

00610 Performance Bond

00615 Payment Bond

00620 Certificate of Attorney

00700 General Conditions

00800 Supplementary Conditions

Addenda (numbers _____to _____ , inclusive).

1. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Proposal and Bid Form (page 1 - 3).

b. E-Verify Contractor Affidavit

B. The documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above).

ARTICLE 9 – MISCELLANEOUS

9.01 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.02 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.03 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.04 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or

(c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

9.05 Contractor’s Insurance

A. The Contractor shall purchase, maintain and provide evidence of General Liability Insurance coverage throughout the duration of this contract for the benefit of and in an amount approved by the City prior to commencement of the performance of the work.

9.06 Jurisdiction

A. The law of the State of Georgia shall govern the construction of this contract. The Courts of Houston County, Georgia shall have exclusive jurisdiction to try disputes arising under or by virtue of this contract.

9.07 Indemnification

A. The Contractor hereby indemnifies and agrees to save the Houston County Board of Education harmless from all liens or claims of right to enforce liens against the premises or improvements to be made thereto, of whatever nature said liens or claims may be. Neither final payment nor acceptance by the Houston County Board of Education shall constitute a waiver of this indemnity and if such claims are filed, the Contractor shall refund to the Houston County Board of Education all monies the Houston County Board of Education may be compelled to pay to discharge such liens or claims, including all costs and attorneys’ fees. Upon completion of the work, the Contractor shall provide an affidavit, in a form reasonably satisfactory to the Houston County Board of Education, affirming under oath that all laborers and material suppliers involved in any respect with the work have been paid in full.

9.08 E-Verify

A. All bidders shall provide proof of compliance with E-Verify requirements.

9.09 Reassignment

A. The Contractor shall not assign this agreement or any amount payable hereunder without the prior written consent of the Houston County Board of Education.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in two (2) counterparts, each of which shall be deemed an original on the date written below. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf.

This Agreement will be effective on ______________ (which is the Effective Date of the Agreement).

OWNER: CONTRACTOR

Houston County Board of Education

By: _______________________ By: _____________________________

Title: ________________________ Title: _____________________________

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

License No.:

(If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

Agent for service of process:

SECTION 00610

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Effective Date of

Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

____________________________________ (Seal) _________________________________ (Seal)

Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: _________________________________ By: ____________________________________

Signature…