Westbrooke Subdivsion line for Donalsonville .doc

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HARP 24-105
Solicitation number
PE-72555-NONST-2025-000000003
Issued by
Spalding County, Georgia

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This document is a contract between the City of Donalsonville and a contractor for the construction of the City of Donalsonville Westbrooke Subdivision project. The principal items of construction include 77,550 LF of 2" O.D. SDR 11-3408 poly pipe, 10 2" poly line valves, 1 2.5" x 2" bottom out hot tap, 2 2" x 2" bottom out hot taps, and 57 service taps. Bids must be submitted by December 18, 2024 at 2:00 PM local time. The successful bidder will be required to complete the project within 30 consecutive calendar weekly days from the Notice to Proceed. Liquidated damages of $400 per calendar day will be assessed for any delays.

The contract documents outline the pricing terms, including unit prices and a total bid amount. The contractor will be responsible for all materials, labor, equipment, and incidentals required to complete the project in accordance with the specifications. No separate payment will be made for supporting or protecting existing underground utilities. The contractor must hold a valid utility contractor license issued by the State of Georgia Construction Industry Licensing Board and have a certified utility manager overseeing the work.

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CITY OF DONALSONVILLE

Westbrooke Subdivision

HARP & ASSOCIATES PROJECT 24-105

TABLE OF CONTENTS

PAGE

ADVERTISEMENT FOR BID

SECTION ONE – INFORMATION FOR BIDDERS

RECEIPT AND OPENING OF BIDS…………………………….……………………....……..1-1

PREPARATION OF BID………………………………………………………………….…….1-1

TELEGRAPHIC MODIFICATION……………………………………………………….…….1-1

QUALIFICATIONS OF BIDDERS……………………………………………………….…….1-2

BID SECURITY…………………………………………………………………………………1-2

LIQUIDATED DAMAGES AND FAILURE TO ENTER INTO CONTRACT……………….1-2

TIME OF COMPLETION AND LIQUIDATED DAMAGES………………………………….1-2

CONDITION OF WORK………………………………………………………………………..1-2

ADDENDA AND INTERPRETATIONS……………………………………………………….1-3

SECURITY FOR FAITHFUL PERFORMANCE………………………………………………1-3

POWER OF ATTORNEY……………………………………………………………………….1-3

NOTICE OF SPECIAL CONDITIONS……………………………………………………...….1-3

LAWS AND REGULATIONS………………………………………………………………….1-3

METHOD OF AWARD…………………………………………………………………….…...1-3

OBLIGATION OF BIDDER………………………………………………………………….....1-4

CORRELATION AND INTENT OF DOCUMENTS………………………………….…….…1-4

CLAIMS…………………………………………………………………………….…………...1-4

ORDER OF WORK…………………………………………………………………………..…1-4

SUBCONTRACTS…………………………………………………………………………..…..1-5

TIMELY EXECUTION……………………………………………………………………..…..1-5

STATE LICENSING REQUIREMENTS………………………………………………………1-5

SECTION TWO – BID BOND

BID BOND…………………………………………………………..……………….…….2-1

BIDPROPOSAL…………………………………………….………………………..……2-3

CONSTRUCTION PAYMENT BOND…………………………….………………..…….2-4

CONSTRUCTION PERFORMANCE BOND…………………………………………...2-8

CONTRACT………………………………………………………….…………………..2-12

CERTIFICATION OF OWNER’S ATTORNEY………………….……………….…….2-14

SECTION THREE – GENERAL CONDITIONS

CONTRACT AND CONTRACT DOCUMENTS…………………..……………..………3-1

DEFINITIONS…….………………………………………………..……………….……..3-1

CORRELATION AND INTENT OF DOCUMENTS…………………..………………....3-2

ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS…………………………3-2

SHOP OR SETTING DRAWINGS………………………….…………………………….3-2

MATERIALS, SERVICES AND FACILITIES……………….……………….………….3-3

CONTRACTOR’S TITLE TO MATERIALS……………………………….…………….3-3

MATERIALS FURNISHED BY THE CONTRACTOR…………………….……………3-3

INSPECTION AND TESTING OF MATERIALS……………………………………….3-3

“OR EQUAL” CLAUSE………………………………………….……………………..3-3

PATENTS………………………………………………………….…………………….3-4

SURVEYS, PERMITS AND REGULATIONS…………………….…………………..3-4

LINES AND GRADES……………………………………………….……………………3-4

CONTRACTOR’S OBLIGATIONS……………………………….………………………3-5

CONTRACTOR’S RESPONSIBILITY……………………………..……………………..3-5

WEATHER CONDITIONS………………………………………….…………………….3-6

SAFETY PROVISIONS………..……………………………………..……………………3-6

USE OF EXPLOSIVES………….………………………………….………………….......3.6

SANITARY PROVISIONS………………………..……….………………….…………..3-6

PUBLIC CONVENIENCE AND SAFETY………………….…………..………………..3-7

PROTECTION OF WORK AND PROPERTY – EMERGENCY…..……………..……..3-7

INSPECTION…………………………………………………..………………….………3-7

REPORTS, RECORDS AND DATA……………………………………………...……....3-7

SUPERINTENDENT BY CONTRACTOR…………………………………………….…3-8

COMPETENT LABOR………………………………………….………………..…….....3-8

CONSTRUCTION EQUIPMENT……………………………..…………………..………3-8

CHANGES IN THE WORK…………………………………..……………….…………..3-8

CHANGE IN CONTRACT PRICE……………………………….…………….…………3-9

CHANGE OF THE CONTRACT TIME…………………………………….…………...3-13

CORRECTION OF WORK……………………………………………….…….………..3-13

EXISTING UNDERGROUND UTILITIES AND STRUCTURES………….…………..3-14

SUBSURFACE CONDITIONS FOUND DIFFERENT…………………….……………3-14

CLAIMS FOR EXTRA WORK…………………………….………………….…………3-14

RIGHT OF THE OWNER TO TERMINATE CONTRACT…………………….………3-15

CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES………….…...............3-15

PAYMENTS TO CONTRACTORS……………………………………………….……..3-15

ACCEPTANCE AND FINAL PAYMENT………………………………………....……3-17

PAYMENTS BY CONTRACTORS…………………………………………….………..3-17

CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE……………..………....3-18

CONTRACT SECURITY………………………………………………………………...3-22

ADDITIONAL OR SUBSTITUTE BOND…………………………………….………...3-22

LIEN……………………………………………………………………………………....3-23

ASSIGNMENTS………………………………………….……………………....………3-23

MUTUAL RESPONSIBILITY OF CONTRACTORS……….……………………….…3-23

SUBCONTRACTING…………………………………….…………………….……..…3-23

ENGINEER’S AUTHORITY…………………………….………………………………3-24

LIMITATIONS ON ENGINEER’S RESPONSIBILITIES………….………..……..…..3-25

USE OF PREMISES AND REMOVAL OF DEBRIS………………………..….……….3-26

QUANTITIES OF ESTIMATE………………………………………….……………..…3-26

RIGHTS-OF-WAY AND SUSPENSION OF WORK…………………………………..3-26

GUARANTY…………………………………………………………………..….………3-26

CONFLICTING CONDITIONS………………….….………………….…......................3-27

NOTICE AND SERVICE THEREOF………………………….………………..……….3-27

PROVISIONS REQUIRED BY LAW DEEMED INSERTED…………….……………3-27

SUSPENSION OF WORK………………………………………………………….…….3-27

MAINTENANCE OPERATIONS…………………………………………….………….3-27

MAINTENANCE………………………………………………………………………....3-28

PROTECTION AND RESTORATION OF PROPERTY……………………………….3-28

RESPONSIBILITY FOR DAMAGE CLAIMS………………………………………….3-28

USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER………………….3-29

INTEREST OF FEDERAL, STATE OR LOCAL OFFICIALS……………….………3-29

OTHER PROHIBITED INTERESTS……………………………………….....................3-29

USE OF CHEMICALS……………………………………………………………..…….3-29

MAINTENANCE OF TRAFFIC…………………………………………………….…...3-30

SPECIAL HAZARDS………………………..………………….……………..…………3-30

ENGINEER’S DIRECTIONS REGARDING WORK PARTIALLY COMPLETED…...3-30

ENGINEER’S EXAMINATION OF WORK COMPLETED………………....................3-30

ENGINEER’S LIABILITY……………………………..…………………..…………….3-30

EROSION AND SEDIMENT CONTROL………………………………………….……3-30

ACCEPTANCE OF FINAL APYMENT CONSTITUTES RELEASE…………….……3-30

OWNER’S RIGHT TO SUSPEND WORK…………………..……………………….....3-31

TIME FOR COMPLETION AND LIQUIDATED DAMAGES…………………………3-31

AFFIDAVIT FOR FINAL PAYMENT AND RELEASE OF LIENS………….………..3-34

SECTION FOUR – TEST REQUIREMENTS

TEST REQUIRMENTS………………………………………………………………..……….4-1

Employee Drug Testing…………………………………………………….………….4-1

Employee Alcohol Testing…………………………………………………..…………4-1

Certification of Welding Procedures……………………………………….…………..4-1

Certification of Welders………………………………………………….……………..4-1

Concrete……………………………………………………………….………………...4-2

Steel Line Pipe……………………………………………………….………………….4-2

Steel Line Pipe Coating…………………………………………………………………4-2

Valves and Fittings……………………………………………………………………...4-2

SECTION FIVE – MATERIAL SPECIFICATIONS

SCOPE OF THE WORK………………………………………………….………………..5-1

CATHODIC PROTECTION TEST STATION………………………….………………...5-1

Post……………………………………………………………………………………...5-1

Conduit………………………………………………………………………………….5-1

Plastic Cover…………………………………………………………………………….5-1

Wire……………………………………………………………………………………..5-1

Connection of Main…………………………………………………….……………….5-1 Protective Cap…………………………………………………………..………………5-1

FLANGES……………………………………………………………………………….5-1

INSULATION SPACERS……………………………………………………………….5-2

LINE VALVES…………………………………………………………………………….5-2

MATERIALS FOR CONCRETE………………………………………………………….5-2

Cement………………………………………………………………………………….5-2

Fine Aggregate………………………………………………………………………….5-2

Coarse Aggregate……………………………………………………………………….5-3

Water……………………………………………………………………………………5-3

PAVEMENT REMOVED AND REPLACED…………………………………………….5-3

SEEDING…………………………………………………………………………………..5-3

Seeds…………………………………………………………………………………….5-3

Fertilizer…………………………………………………………………………………5-3

Agriculture Lime………………………………………………………………………..5-3

Mulch……………………………………………………………………………………5-4

PIPE ……………………… …………………………………………………...5-4

STEEL LINE PIPE TINGS………………………………………………………………...5-4

Plant Applied Coatings …………………………………………………………………5-4

Buried Steel Line Pipe………………………………………………………….5-4

Directionally Drilled Steel Line Pipe…………………………………………..5-4

Stenciling……………………………………………………………………….5-5

Tape Coatings…………………………………………………………………………...5-5

Cold Applied Tape……………………………………………………………..5-5

Hot Applied Tape………………………………………………………………5-5

Heat Shrink Sleeves…………………………………………………………….5-5

ODORANT SYSTEM……………………………………………………………………..5-5

TEMPORARY SILT FENCE……………………………………………………………...5-5

THREADED INGS………………………………………………………………………...5-6

VALVE BOXES…………………………………………………………………………5-6

VALVE MARKERS……………………………………………………………………….5-6

METER AND REGULATOR STATION………………………………………………….5-6

WELDING FITTINGS……………………………………………………………………..5-6

RECTIFIER AND GROUND BEDDING SYSTEM……………………………………...5-6

SECTION SIX – GENERAL CONSTRUCTION METHODS

SCOPE OF THE WORK…………………………………………………………………...6-1

BACKFILLING……………………………………………………………….6-1

BARRICADES, WARNING SIGNS AND FLAGMEN…………………………………..6-1

BENDING STEEL PIPE…………………………………………………………………...6-1

BORING……………………………………………………………………………………6-2

CARE AND HANDLING OF OWNER PROVIDED PIPE……………………………….6-2

CLEAN-UP………………………………………………………………………………...6-2

CLEARING AND GRUBBING…………………………………………………………...6-2

COMPLIANCE WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION…...6-3

DIRECTIONAL DRILLING…………………………………………………………………………………6-3

Pilot Hole……………………………………………………………………………….6-3

Preream/Ream………………………………………………………………………….6-3

Pullback…………………………………………………………………………………6-3

Slurry Containment…..…………………………………………………………………6-4

Record Drawings……………………………………………………………………….6-4

Solid Rock Drill…………………………………………………………………………6-4

EXISTING FENCES…………………………………………………………………………………….6-4

GRASSING………………………………………………………………………………...6-4

Description………………………………………………………………………………6-4

Stand of grass required………………………………………………………………….6-4

Ground Preparation……………………………………………………………………..6-5

Application of Fertilizer………………………………………………………………...6-5

Seeding………………………………………………………………………………….6-5

Mulch……………………………………………………………………………………6-5

Watering………………………………………………………………………………...6-5

Maintenance of Grass…………………………………………………………………...6-5

GUARANTY……………………………………………………………………………….6-6

HIGHWAY CROSSINGS………………………………………………………………….6-6

INFORMATION CONCERNING CONDITIONS………………………………………..6-6

INTERFERENCE WITH EXISTING STRUCTURES……………………………………6-6

LAYING PIPE……………………………………………………………………………...6-6

LOCATION OF EXISTING UTILITIES………………………………………………….6-7

MAINTAINING THE FLOW OF GAS……………………………………………………6-7

ORDER SEQUENCE OF WORK…………………………………………………………6-7

PAVEMENT REMOVED AND REPLACED…………………………………………….6-7

General………………………………………………………………………………….6-7

Sub-grade……………………………………………………………………………….6-7

Paving…………………………………………………………………………………...6-7

Width……………………………………………………………………………………6-7

PIGGING OF PIPE………………………………………………………………………...6-7

PLACING FACILITY INTO OPERATION………………………………………………6-8

PRESSURE TESTING…………………………………………………………………….6-8

General…………………………………………………………………………………6-8

Requirements…………………………………………………………………………..6-8

PREVENTION OF ACCIDENTAL IGNITION…………………………………………6-9

PROTECTION OF FINISHED WORK…………………………………………………..6-9

PROTECTION OF PAVEMENT………………………………………………………...6-9

PROTECTION OF TREES……………………………………………………………….6-9

PROTECTION OF WELDED SECTIONS………………………………………………6-9

RAILROAD CROSSINGS……………………………………………………………......6-9

RIGHT-OFWAY AND EASEMENTS…………………………………………………...6-10

ROCK EXCAVATION…………………………………………………………………...6-10

STEEL LINE PIPE COATING…………………………………………………………...6-10

Plant Applied Coating ………………………..………………………………………6-10

Joint Wrap……………………………………………………………………………...6-10

Surface Preparation…………………………………………………………...6-10

Primer…………………………………………………………………………6-10

Preliminary Joint Wrap……………………………………………………….6-10

Spiral Tape Wrap……………………………………………………………..6-11

Field Repair of Damaged Areas……………………………………………………….6-11

Field Test of Pipe Coating…………………………………………………………….6-11

TAPPING OF MAINS…………………………………………………………………………6-11

TEMPORARY EROSION TROL………………………………………………………..6-12

Type C Temporary Silt Fencing……………………………………………………….6-12

Type B Temporary Silt Fencing……………………………………………………….6-12

TRENCH EXCAVATION………………………………………………………………..6-12

WELDERS………………………………………………………………………………..6-12

General………………………………………………………………………………...6-12

Re-qualifications Requirements……………………………………………………….6-13

Qualification Records…………………………………………………………………6-13

Welding Procedure (General)…………………………………………………………6-13

Welding Inspection…………………………………………………………………….6-13

STANDARDS OF ACCEPTABILITY………………………………………………………...6-14

GENERAL DESCRIPTION OF WATER QUALITY MONITORING………………….6-14

DEFINITION……………………………………………………………………………...6-14

RELATED REFERENCES……………………………………………………………….6-14

SUBMITTALS……………………………………………………………………………6-14

MATERIALS……………………………………………………………………………..6-14

DELIVERY, STORAGE AND HANDLING…………………………………………….6-14

CONSTRUCTION REQUIREMENTS…………………………………………………..6-14

PERSONNEL……………………………………………………………………………..6-14

EQUIPMENT……………………………………………………………………………..6-14

PREPARATION………………………………………………………………………..6-15

FABRICATION…………………………………………………………………………..6-15

CONSTRUCTION………………………………………………………………………..6-15

GENERAL………………………………………………………………………………...6-15

INSPECTIONS……………………………………………………………………………6-15

REPORTS…………………………………………………………………………………6-16

MONITORING REPORTS……………………………………………………………….6-16

Standards of Acceptability……………………………………………………………..6-17

TEST RESULTS………………………………………………………………………….6-17

RAINFALL DATA REPORTS…………………………………………………………...6-17

QUALITY ACCEPTANCE………………………………………………………………6-18

CONTRACTOR WARRANTY AND MAINTENANCE………………………………..6-18

PRESSURE TEST RECORD……………………………………………………………..6-19

SECTION SEVEN – MEASUREMENT AND PAYMENT

GENERAL………………………………………………………………………………….7-1

BORES……………………………………………………………………………………..7-1

Measurement……………………………………………………………………………7-1

Payment…………………………………………………………………………………7-1

CATHODIC PROTECTION TEST STATION……………………………………………7-1

DIRECTIONAL DRILL……………………………………………………………………7-1

GRASSING………………………………………………………………………………...7-2

Measurement……………………………………………………………………………7-2

Payment…………………………………………………………………………………7-2

GRAVEL DRIVEWAYS REMOVED AND REPLACED………………………………..7-2

LINE PIPE………………………………………………………………………………….7-2

LINE VALVE ASSEMBLY……………………………………………………………….7-3

Measurement……………………………………………………………………………7-3

Payment…………………………………………………………………………………7-3

PAVEMENT REMOVED AND REPLACED…………………………………………….7-3

Measurement……………………………………………………………………………7-3

Payment…………………………………………………………………………………7-3

ODORANT SYSTEM…………,,…………………………………………………………7-3

Measurement……………………………………………………………………………7-3

Payment…………………………………………………………………………………7-3

METERING STATION.…………………………………………………………………...7-3

Measurement……………………………………………………………………………7-3

Payment…………………………………………………………………………………7-3

TEMPORARY SILT FENCE……………………………………………………………...7-3

Measurement……………………………………………………………………………7-3

Payment…………………………………………………………………………………7-3

VALVE MARKERS……………………………………………………………………….7-3

Measurement……………………………………………………………………………7-3

Payment…………………………………………………………………………………7-3

WATER QUALITY MONITORING……………………………………………………...7-3

ADVERTISEMENT FOR BID

CITY OF DONALSONVILLE

WESTBROOKE SUBDIVSION

HARP & ASSOCIATES PROJECT NO. 24-105

Sealed proposals will be received by the City of Donalsonville in City Hall at the City Clerk Office at 127 E. Second Street, Donalsonville, Georgia 39845 until:

December 18 at 2:00 P.M., Local Time for the furnishing of all materials, labor, tools, skill, equipment and incidentals for the construction of the project entitled:

CITY OF DONALSONVILLE

WESTBROOKE SUBDIVSION

at which time and place the proposal will be publicly opened and read aloud.

Proposals received after the designated time will not be considered.

The principal items of construction are:

77550 L.F,2" O.D.-SDR 11-3408 POLY PIPE

10 Each- 2" POLY LINE VALVES

1 EACH- 2.5 x 2" BOTTOM OUT HOT TAP.

2 EACH- 2 x 2" BOTTOM OUT HOT TAP.

57 SERVICE TAPS

*The operating pressure of the system is 50 psig.

Bidders shall inform themselves concerning Georgia Laws and comply with same. If the total price bid is in excess of $100,000.00, bidders shall hold a current utility contractor license issued by the State of Georgia Construction Industry Licensing Board and shall have in their employment on a full-time basis a person who holds a valid utility manager certificate issued by the Division of Utility Contractors.

Plans, specifications and contract documents are open to public inspection at the office of Harp & Associates, Inc., P.O. Box 797, Douglas, Georgia, 31534, Phone (912) 309-4719.

One Contract shall be awarded covering all the work, and maximum time for completion shall not exceed 30 consecutive calendar weekly days from starting date specified in the Notice to Proceed. Bidders must agree to pay as liquidated damages the sum of $400.00 per each consecutive calendar day thereafter. Due consideration will be given to delivery of materials in specifying starting date.

Plans and contract documents may be obtained from Harp & Associates, Inc., Douglas, Georgia upon request . Each copy would be $150.00 each set.

The successful bidder will be furnished, free of charge, three sets of plans and specifications.

Bids must be accompanied by a Certified Check or Bid Bond in an amount equal to not less than five percent (5%) of the bid.

No bid may be withdrawn after the scheduled closing time for receiving bids for a period of sixty (60) days.

The Owner reserves the right to reject any or all bids and to waive formalities and re-advertise.

CITY OF DONALSONVILLE

BY________________________________

Mayor

SECTION ONE

INFORMATION FOR BIDDERS

1. RECEIPT AND OPENING OF BIDS

The CITY OF DONALSONVILLE (hereinafter called the Owner), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at CITY OF DONALSONVILLE in City Hall at the City Clerk Office at 127 East Second Street, Donalsonville, Georgia 39845 until: December 18,2024 - AT 2:00 P.M., LOCAL TIME and then at said office publicly opened and read aloud. The envelope containing the bids must be sealed and designated as the bid for the construction of the project:

CITY OF DONALSONVILLE

WESTBROOKE SUBDIVSION

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities to reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof.

2. PREPARATION OF BID

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and numerals for unit prices and numerals only for total amounts. In case of discrepancies, words will take precedence over numerals and unit prices will take precedence over totals.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, his utility contractor license number, and the name of the project of which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Any bid which is not properly prepared and accompanied by required certifications may be rejected by the Owner. Any bid not bearing the bidder’s current utility contractor license number issued by the State of Georgia Construction Industry Licensing Board may not be considered by the Owner.

3. TELEGRAPHIC MODIFICATION

Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification.

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4. QUALIFICATIONS OF BIDDERS

The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. By submission of his Bid, the Bidder acknowledges the right of the Owner to make such investigations, to contact references and utilize this information as a basis of determining award of the contract. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accept.

Written information pertaining to the Bidder’s qualifications may be requested by the Owner. Failure of the Bidder to provide such information within fifteen days of notification will be grounds for disqualification.

5. BID SECURITY

Each bid must be accompanied by a certified check or bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such certified checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining certified checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contracts, or, if no award has been made within 60 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

6. LIQUIDATED DAMAGES AND FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid.

7. TIME OF COMPLETION AND LIQUIDATED DAMAGES

Bidder must agree to commence work on or before a date to be specified in a written “Notice to Proceed” of the Owner and to fully complete the project within 30 consecutive calendar weekly days thereafter. Bidders must agree also to pay as liquidated damages the sum of $400.00 per each consecutive calendar day thereafter.

8. CONDITION OF WORK

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

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9. ADDENDA AND INTERPRETATIONS

Oral interpretations of the meaning of plans, specifications or other contract documents shall not be binding over written material.

Every request for such interpretation should be in writing addressed to Harp & Associates, Inc., PO Box 797, Douglas, Georgia 31533 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, which, will be mailed to all prospective bidders. Failure of any bidder to receive any such addendum or interpretations shall not relieve such bid from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

10. SECURITY FOR FAITHFUL PERFORMANCE

Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of his contract and for the payment of all persons performing labor on the project under this contract, and furnishing materials in connection with his contract, as specified in the General Conditions included herein. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

11. POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

12. NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the contract documents and specifications which are identified subsequently under Special Conditions.

13. LAWS AND REGULATIONS

The bidders’ attention is directed to the fact that all applicable federal and state 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 the same as though herein written out in full.

14. METHOD OF AWARD

If the Contract is awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that he award will be in the best interests of the project. The Owner shall have complete discretion in making this determination and may consider factors such as, but not limited to the following:

14.1 Unit bid prices of various items as they relate to total bid price.

1-3 14.2 Proximity of the Bidder’s permanent place of business as it may relate to Bidder’s responsiveness in carrying out the contract.

14.3 Litigation record of the Bidder.

14.4 Satisfactory completion of similar projects.

14.5 Resources pertaining to management, personnel and equipment.

14.6 Financial history, credit rating and current resources.

15. OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid.

16. CORRELATION AND INTENT OF DOCUMENTS

The contract documents are complementary, and what is called for by one shall be as binding as if called for by all.

The intent of the documents is to describe in detail all construction entailed in this project. The contractor will furnish all labor, materials, equipment, transportation; tools and appurtenances such as may be reasonably required under the terms of the contract to make each part of the work complete.

The drawings are intended to conform and agree with the specifications. If, however, discrepancies occur, the Engineers will decide which shall govern. Special specifications stated on the drawings govern that particular piece of construction and have equal weight and importance as the printed specifications. In the event of any discrepancies between the drawings and the figures written thereon, the figures are to be taken as correct.

17. CLAIMS

The owner reserves the right to refuse to issue any voucher and to direct that no payment shall be made the contractor in case they have reason to believe that said contractor has neglected or failed to pay any subcontractor, material dealer, worker or employee for work performed on or about the project including work as set forth in these specifications, until the Owner is satisfied that such subcontractors, material dealers, worker, or employees have been fully paid. However this provision shall not obligate the Owner to intervene in any claim.

18. ORDER OF WORK

The work shall be started at such points as the Engineer shall designate and shall be prosecuted in the order he directs. This applies to both location and items of construction.

1-4

19. SUBCONTRACTS

If required by the Owner the apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to owner and Engineer.

20. TIMELY EXECUTION

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents. Within ten days thereafter Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documen6ts attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identifications shall be binding on all parties.

21. STATE LICENSING REQUIREMENTS

If the total price bid is in excess of $100,000.00, bidder shall hold a current utility contractor license issued by the State of Georgia Construction Industry Licensing Board and shall bear the current license number on the outside of his bid envelope. Each bidder must also have in his employment on a full-time basis a person or persons who holds a valid utility manager certificate issued by the Division of Utility Contractors. Such utility manager shall oversee the utility contracting work of all the employees and shall be actually engaged in the performance of the business of the bidder. No portion of this contract may be constructed or erected unless a certified utility manage or certified utility foreman is present at the job site of such construction. No person may be employed as a utility foreman unless that person holds a valid utility foreman certificate issued by the Division of Utility Contractors.

Upon request of the Owner, the bidder must provide copies of his operator qualification written plan, GASWCC Certification, current utility contractor license and provide copies of the valid certification of his utility manager and, if present at the job site of such construction, utility foreman.

1-5

SECTION TWO

BID BOND

(Five Percent of Bid)

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned _____________________ of the City of ______________ State of _______________ and County of __________________ as Principal and _________________________________________________________________ as Surety, are hereby held and firmly bound unto the CITY OF DONALSONVILLE as Owner in the penal sum of ______________________________________________________________

Dollars ($____________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this ______________ day of ______________________, ____________________.

The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF DONALSONVILLE a certain bid attached hereto and hereby made a part hereof to enter into a contract in writing for the construction of the project entitled:

CITY OF DONALSONVILLE

WESTBROOKE SUBDIVSION

NOW, THEREFORE,

(a) If said bid shall be rejected or in the alternate,

(b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be void; otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bids, and said Surety does hereby waive notice of any such extension.

2-1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

BID BOND

(Continued)

_________________________SEAL

Witness As To Principal

Principal

By ______________________SEAL

Witness As To Surety

Surety

Address

By______________________SEAL

Attorney-in-Fact

2-2

BID PROPOSAL

Place ___________________

Date ____________________

Proposal of _________________________________________ (hereinafter called “Bidder”) a contractor organized and existing under the laws of the City of _______________________ State of __________________________ and County of __________________, * a corporation doing business as __________________________________________________.

TO:

(Hereinafter called “Owner”)

Gentlemen:

The Bidder in compliance with your invitation for bids for the construction of CITY OF DONALSONVILLE,WESTBROOKE SUBDIVSION having examined the plans and specifications with related documents and the site of the proposed 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 herein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under this contract, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written “Notice to Proceed” of the Owner and to fully complete the project within 45 consecutive weekly calendar days thereafter as stipulated in the specifications. Bidders further agree to pay as liquidated damages the sum of $400.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions under “Time of Completion and Liquidated Damages.”

Bidder acknowledges receipt of the following addenda:

2-3

CITY OF DONALSONVILLE

WESTBROOKE SUBDIVSION

BID PROPOSAL

ITEM

EST.

TOTAL

NO.

DESCRIPTION

QTY.

UNIT

UNIT PRICE

AMOUNT

1. 2” HDPE POLY PIPE .

7,550 L.F.

SDR 11-3408 TRACER WIRE

Numerals Numerals

AND CAUTION TAPE

Words (Unit Price)

2. 2” O.D Bore.- SDR 11-3408 100 L.F.

Pipe (Installation & Labor and Pipe)

Numerals

Words (Unit Price)

3.

Gas line Marker

Ea.

4.

2X2” Bottom Out Hot Tap 2 Ea .

Steel to poly

5.

2.5 x 2 Bottom Out ot Tap 1 Ea.

Steel to Poly

6.

Grassing 7,550 L.F.

7.

Install 2 x ¾ poly tap 34 Ea.

Install excess flow valve

And cap at curb ( Short Side)

8 Install 2 x ¾ poly tap 23 Ea.

Install excess flow valve

And cap at curb (Long Side)

9.

2" Poly line valves

10 Ea.

with valve boxes

10.

Locate Stations

10 Ea.

with valve boxes

11.Catodic Protection Stations 2 Ea.

TOTAL BID PROPOSAL $___________________________________

Words

2-4

BID PROPOSAL

(Continued)

Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.

The above prices shall include all labor, materials, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

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

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

The undersigned further agrees that, in case of failure on his part to execute said contract and bond within ten (10) days after the award thereof, the check or bond accompanying his bid and the money payable thereon shall become the property of the Owner; otherwise, the check or bond accompanying this proposal shall be returned to the Bidder.

The Bidder declares that he understands that the quantities shown on the proposal are subject to adjustment by either increase or decreras4e, and that should the quantities of any of the items of work be increased, the undersigned proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, he also understands that payment will be made on actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in the 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.

Attached hereto is a bid bond or certified check on the ___________ of _________ in the amount of _______________ according to conditions under “Information For Bidders” and the provisions therein.

The full name and residence of persons or parties interested in the foregoing bids, as principals, are named as follows:

Dated at:

The ______ day of _________________, ________

Principal

By _________________________SEAL 2-5

CONSTRUCTION PAYMENT BOND

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

CONTRACTOR (Name and Address):

OWNER (Name and Address):

CITY OF DONALSONVILLE

127 E Second Street Donalsonville, Ga. 39845

CONSTRUCTION CONTRACT:

Date:________________________

Amount: _____________________

Description (Name and location):

CITY OF DONALSONVILLE

WESTBROOKE SUBDIVSION

SURETY (Name and Principal place of Business):

BOND:

Date: ___________________________

Amount: ________________________

Bond Number: ___________________

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner and for the use and protection of all subcontractors and persons supplying labor, materials, machinery, and equipment in the prosecution of the Work involved in this Construction Contract.

2. With respect to the Owner, this obligation shall be null and void if the Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Oner has promptly notified the Contractor 2-6

CONSTRUCTION PAYMENT BOND

(Continued) and the Surety of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligations to Claimant unless the Claimant has substantially complied with the requirements of O.C.G.A. 36-82-104 by giving the notices provided for therein. Each Claimant failing to substantially comply with said Code Section shall be deemed to have waived the protection of the payment bond. No Claimant shall file an action for payment against the Owner, Contractor or Surety, except in accordance with this section.

Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

Claimants who do not have a direct contract with the Contractor:

Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and

Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and

Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor.

5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety’s expense take the following actions:

Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed.

Pay or arrange for payment of any undisputed amounts.

7. The Surety’s total obligation shall not exceed the amount of this Bond and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

2-7

CONSTRUCTION PAYMENT BOND

(Continued)

8.

Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Constructions Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

11. No suit or action on this bond shall be instituted by a Claimant after expiration of one (1) year from the completion of the contract and the acceptance of the work by the public entity responsible therefore.

12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on this Bond.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. DEFINITIONS

Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitations in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s

2-8

CONSTRUCTION PAYMENT BOND

(Continued) lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto.

Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof.

CONTRACTOR AS PRINCIPAL

SURETY

Company:____________________________ Company: _______________________

__________________________ (Corp. Seal) ______________________ (Corp. Seal)

Signature: ___________________________ Signature: _______________________

Name and Title: ______________________

Name and Title: __________________

Attorney-In-Fact

Countersigned by:

2-9

CONSTRUCTION PERFORMANCE BOND

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

CONTRACTOR (Name and address):

OWNER (Name and Address):

CITY OF DONALSONVILLE

127 East Second Street.

Donalsonville, Ga. 31845

CONSTRUCTION CONTRACT:

Date: ________________________

Amount: _____________________

Description (Name and location):

CITY OF DONALSONVILLE

WESTBROOKE SUBDIVSION

SURETY (Name and Principal place of Business):

BOND:

Date: __________________________

Amount: _______________________

Bond Number: ___________________

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.

If there is no Owner Default, the Surety’s obligation under this Bond shall arise after:

2-10

CONSTRUCTION PERFORMANCE BOND

(continued)

The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; and

The Owner has declared a Contractor Default and formally terminated the Contractor’s right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and

The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.

3. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

3.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Constructions Contract; or

3.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor’s default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:

3.5 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or

3.6 Deny liability in whole or in part and notify the Owner citing reasons therefore.

4. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the

5. Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has 2-11

CONSTRUCTION PERFORMANCE BOND

(continued) denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

6. After the Owner has terminated the Contractor’s right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above hen the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than theses of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for:

6.1 The responsibilities of the Contractor for correction of defective work and completion of the…

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