For projects estimated to cost less than $1,000,000 · 2014. 3. 13. · Instructions to Bidders (Not Prequalified) (04.2009) INSTRUCTIONS TO BIDDERS Owner: DeKalb County Board of

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INVITATION TO BID DEKALB COUNTY SCHOOL DISTRICT

Design & Construction Department www.dekalb.k12.ga.us

For projects estimated to cost less than $1,000,000

Date of Invitation: March 13, 2014 This Invitation to Bid includes 2 pages SEALED BIDS SHOULD BE ADDRESSED TO THE DEKALB COUNTY SCHOOL DISTRICT

1780 MONTREAL ROAD, TUCKER, GEORGIA 30084

Project Title: Fernbank Science Center Greenhouse Project Solicitation Number ITB 14-752-029 Project Number: Not Applicable Plans & Specs Available: March 13, 2014 Examination and Acquisition of Plans & Specs

Invitation to Bid (“ITB”) documents will be available Thursday, March 13, 2014, and may be obtained from the DeKalb County Board of Education website at- http://www.dekalb.k12.ga.us/solicitations.

This Invitation to Bid is based upon the attached Owner’s Criteria and Narrative Scope of Work, which is incorporated herein by reference.

Mandatory Pre-Bid Conference ALL PROSPECTIVE BIDDERS ARE REQUIRED TO ATTEND A MANDATORY PRE-BID CONFERENCE TO BE HELD AT Tuesday, March 25, 2014, 10:00 a.m. AT THE SAM A. MOSS SERVICE CENTER, 1780 MONTREAL ROAD, TUCKER, GA 30084. CONTACT AT SITE IS STEPHEN M. WILKINS, CHIEF OPERATIONS OFFICER (678)676-1331. Bids submitted by bidders who have not properly registered and attended the mandatory pre-bid conference shall be rejected as non-responsive. All attendees of the pre-bid conference will be required to register. Proper registration means that the attendee has signed his or her name to the official roster and listed the name and address of the company he or she represents on the official roster no later than the designated start time of the pre-bid conference. Bidders are advised to register early as no attendee will be allowed to register after the advertised start time of the pre-bid conference. Bidders are advised to register early as anyone arriving after 10:15 a.m. will not be allowed to participate in the bid process

Mandatory Site Visit All prospective bidders are required to visit the Project site. A mandatory Project site visit is scheduled immediately following the pre-bid meeting. All bids must be submitted on the attached bid form. The bid form can be found on the DeKalb County School District’s (DCSD) website, Click on the link to access the forms www.dekalb.k12.ga.us/solicitations/

Receipt of Bid Package Public Opening

Bids must be submitted in a sealed envelope correctly addressed and completed as shown below. Solicitation Number: ITB 14-752-029 Project Number: Not Applicable Project Title: Fernbank Science Center Greenhouse_Project_____ Bid Deadline: Monday, April 14, 2014 at 10:00 a.m. .__ Opening Date: Monday, April 14, 2014 at 10:00 a.m. .__

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Bidder’s Name: .. Address to: Stephen Wilkins, Chief Operations Officer DeKalb County School District 1780 Montreal Road Tucker, GA 30084

Bids received after Bid Deadline or by facsimile will not be accepted.

Bid Submission A complete bid submission includes the following:

1. Bid Form 2. Bid Bond 3. Subcontractor Listing 4. Corporate Certificate, Entity Certificate or Partnership Certificate (as applicable) 5. Noncollusion Affidavit of Prime Bidder 6. Non Collusion Affidavits of Subcontractors 7. Bidder’s Qualification Statement 8. Preliminary Schedule

Form of Contract Fixed Price Narrow Scope Agreement If awarded the subject contract, the bidders will be required to sign the above-referenced agreement. A copy of the contract form is provided with this ITB.

BASIS OF AWARD

The contract, if awarded, will be on a lump sum basis by Base Bid.

Bid Prices Bid prices will be held firm and remain open for acceptance for sixty (60) days from the time and date of the bid opening, except as expressly provided by law.

Bid Security As security, the bid must be accompanied by a BID BOND, in the form required by DCSD for an amount not less than five percent (5%) of the bid if the bid is $100,000 or more (including the base bid plus any possible combination of alternates that could result in an award of $100,000 or more).

PERMITS The successful contractor shall obtain all federal, state and local permits required for the Project, if any.

RIGHTS OF WAY AND EASEMENTS

All rights of way and easements anticipated for the Project, if any, have been obtained.

Performance and Payment Bonds

Performance and Payment Bonds from a surety satisfactory to DCSD must be furnished by the bidder awarded the contract in an amount not less than 100 percent (100%) of the contract price if the contract price is $100,000 or more.

Bid Contact Stephen Wilkins, COO with procedural questions at [email protected] or by fax at 678-676-1475. All questions must be in writing. The deadline for questions is Monday,March 31, 2014 at 2:00 p.m.

The Board of Education reserves the right to reject any and all bids and to waive technicalities and informalities.

Instructions to Bidders (Not Prequalified) (04.2009)

INSTRUCTIONS TO BIDDERS

Owner: DeKalb County Board of Education Solicitation No.: ITB No. 14-752-029 Project Name: Fernbank Science Center Greenhouse Address: 156 Heaton Park Drive, N.E. Atlanta, GA 30307

Description: Construction of Greenhouse


T A B L E O F C O N T E N T S ARTICLE 1 DEFINITIONS ..................................................................................................................... 1 ARTICLE 2 BIDDER’S REPRESENTATIONS AND WARRANTIES ..................................................... 1 ARTICLE 3 BIDDING DOCUMENTS ..................................................................................................... 2

3.1 Copies .................................................................................................................. 2 3.2 Interpretation or Correction of Bidding Documents .............................................. 3 3.3 Substitutions ......................................................................................................... 3 3.4 Addenda ............................................................................................................... 4 3.5 Communications ................................................................................................... 4

ARTICLE 4 BIDDING PROCEDURES ................................................................................................... 4

4.1 Form and Style of Bids ......................................................................................... 4 4.2 Bid Security .......................................................................................................... 5 4.3 Submission of Bids ............................................................................................... 5 4.4 Modification or Withdrawal of Bids ....................................................................... 5

ARTICLE 5 CONSIDERATION OF BIDS ............................................................................................... 6

5.1 Opening of Bids .................................................................................................... 6 5.2 Rejection of Bids .................................................................................................. 6 5.3 Acceptance of Bid (Award) ................................................................................... 6

ARTICLE 6 QUALIFICATION OF CONTRACTORS.............................................................................. 6

6.1 Contractor’s Qualification Statement .................................................................... 6 ARTICLE 7 SUBCONTRACTORS AND SUPPLIERS ........................................................................... 7 ARTICLE 8 UNIT PRICES ..................................................................................................................... 7 ARTICLE 9 PERFORMANCE BOND, PAYMENT BOND AND INSURANCE ....................................... 8

9.1 Bond Requirements .............................................................................................. 8 9.2 Time of Delivery and Form of Bonds .................................................................... 8 9.3 Insurance .............................................................................................................. 8

ARTICLE 10 AWARD OF CONTRACT AND FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR ........................................................................ 8 ARTICLE 11 MINIMUM WAGE RATES ................................................................................................... 9 ARTICLE 12 AUTHORITY CERTIFICATE ............................................................................................... 9 ARTICLE 13 AFFIDAVIT .......................................................................................................................... 9 ARTICLE 14 EQUAL EMPLOYMENT AND NONDISCRIMINATION ...................................................... 9 ARTICLE 15 MISCELLANEOUS ............................................................................................................ 10

15.1 Employment of Georgia Citizens and Use of Georgia Products ........................ 10 15.2 Photographs ....................................................................................................... 10 15.3 Temporary Facilities ........................................................................................... 10 15.4 Fee Exemptions ................................................................................................. 10 15.5 Water and Sewer Utilities ................................................................................... 10 15.6 Required Permits ................................................................................................ 10

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15.7 Rights Of Way And Easements .......................................................................... 10


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INSTRUCTIONS TO BIDDERS

ARTICLE 1 DEFINITIONS

1.1 Bidding Documents means the Advertisement for Bids, the Instructions to Bidders, the

Bid Form, the form of Bid Bond, the form of Subcontractor Listing, the form of Corporate Certificate, the form of Partnership Certificate, the form of Entity Certificate, the form of Bidder’s and Individuals’ Affidavit of Noncollusion, the Form of Construction Contract (with exhibits), the form of Performance Bond, the form of Payment Bond, the Wage Rate Determination (if applicable), the Special Conditions, the Plans and Specifications, all other proposed contract documents, and any Addenda issued prior to Bid opening.

1.2 Definitions contained in the proposed contract documents shall be applicable to the Bidding Documents.

1.3 Addenda are written or graphic instruments issued by the Architect prior to Bid opening which modify or interpret the Bidding Documents by additions, deletions, clarifications, corrections or revisions.

1.4 A Bid is a complete and properly executed proposal to do the Work in accordance with the Contract for the sums stipulated in the Bid supported by data required by the Bidding Documents, submitted in accordance with the Bidding Documents.

1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base to which Work may be added, or from which Work may be deleted, for sums stated in the Alternates, if any.

1.6 An Alternate Bid is an amount stated in the Bid to be added to, or deducted from, the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents (“Alternate”), is accepted.

1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for specified materials, equipment or services or a portion of the Work as described in the Bidding Documents.

1.8 A Bidder is a person or entity who submits a Bid.

1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

1.10 The Owner for whom the work will be executed is the DeKalb County Board of Education, 3770 North Decatur Road, Decatur, Georgia 30032.

1.11 The Owner has selected as Architect the Architect listed in the Advertisement for Bids, who has prepared plans and specifications and who will administer the Contract for construction. If the Owner’s design professional for the Project is an engineer rather than an architect, then the term “Architect” as used throughout these Instructions to Bidders shall mean “Engineer”.

ARTICLE 2 BIDDER’S REPRESENTATIONS AND WARRANTIES

2.1 Bidders shall carefully and thoroughly examine the Bidding Documents and the

construction site. The Bidder, by submitting a Bid, represents and warrants that:


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2.1.1 The Bidder has read and understands the Bidding Documents and the Bid is made in

accordance therewith. 2.1.2 The Bidder has read and understands the bidding documents or contract documents for

other portions of the Project, if any, being bid concurrently or presently under construction, to the extent that such documentation relates to the Work for which the Bid is submitted.

2.1.3 The Bidder has visited, examined and inspected the site, obtained first-hand knowledge

of existing conditions, the conformation of the ground, the character, quality and quantity of the products needed preliminary to and during the prosecution of the Work, the general and local conditions and all other matters which can in any way affect the Work to be done under the Contract, and become thoroughly familiar with all conditions under which the Work is to be performed and has correlated all the Bidder’s personal observations and any other facts or conditions that are known to or reasonably knowable by the Bidder with the requirements of the Bidding Documents, including the proposed Contract Documents.

2.1.4 The Bid is based upon furnishing the Work, including services, supervision, labor,

materials, equipment, systems, warranties and other things required by the Bidding Documents.

2.2 If soil and subsurface investigations were conducted at the site, a copy of the report is included in the Bidding Documents. The report shall not constitute a part of the contract documents. Such information is provided for the purpose of disclosure only, and shall not relieve the Contractor from its obligation to investigate the soil and subsurface conditions. The accuracy or completeness of the data is not guaranteed by the Owner or the Architect, and neither the Owner nor the Architect shall be responsible therefor. The Contractor shall not rely on such subsurface information. Bidders shall make their own investigation of subsurface conditions. Neither the Owner nor the Architect will be responsible in any way for additional compensation because of the reliance on or assumptions based on the soil investigation data furnished with the Bidding Documents.

2.3 The Bidder shall notify the Owner of the date and time he proposes to examine the location of the Work. The Bidder shall confine his examination to the specific areas designated for the proposed construction, including easements and public right-of-ways. If the Owner’s procurement of the proposed construction site (including easements) has not been completed, the Bidder shall obtain express written consent of the property owner before entering the site. The Bidder solely is responsible for any damages caused by his examination of the site. If the Project involves an existing facility, the facility will be available for examination by appointment.

2.4 The failure or omission of any Bidder to examine the site or any of the Bidding Documents shall in no way relieve any Bidder from any obligation in respect to the Bid or the performance of the Contract if awarded. The successful Bidder shall not be entitled to any additional compensation for conditions which could or should have been determined by examining the site and the Bidding Documents as described above.

2.5 If indicated in the Advertisement for Bids, there will be a pre-bid conference as provided therein. Bidders are urged to attend.

ARTICLE 3 BIDDING DOCUMENTS

3.1 Copies.

3.1.1 Bona fide prime Bidders may obtain complete sets of Bidding Documents from the

issuing office designated in the Advertisement for Bids in the number and for the charge stated therein. The charge for Bidding Documents is non-refundable.


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3.1.2 Bidding Documents will not be issued directly to Sub-bidders or others unless

specifically offered in the Advertisement for Bids.

3.1.3 No partial sets of Bidding Documents will be issued. Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor the Architect will be responsible for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3.1.4 In making copies of the Bidding Documents available on the above terms, the Owner and the Architect do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding Documents.

3.1.5 Applicants for Bidding Documents shall register with the Architect by providing in writing at the time of application for Bidding Documents the Project number and name, the Bidder’s name, address, phone number and contact person.

3.2 Interpretation or Correction of Bidding Documents.

3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Owner any errors, inconsistencies or ambiguities in the Bidding Documents.

3.2.2 If a Bidder or Sub-bidder is in doubt as to the meaning of any part of the Bidding Documents, or otherwise has questions or requires clarification or interpretation of the Bidding Documents, he or she shall request an interpretation from the Owner. Such request shall be made in writing to the Owner not later than seven (7) days prior to the date for opening Bids, and failure of the successful Bidder to request such interpretation shall not relieve him or her as a Contractor of the obligation to execute the Work in accordance with a later interpretation by the Owner, without additional charge to the Owner.

3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

3.3 Substitutions.

3.3.1 Unless otherwise indicated in the Bidding Documents, the materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Owner at least ten (10) days prior to the date for opening Bids. Such requests shall include the name of the specified product, material or equipment, and the drawing number or specification section as appropriate. The request shall provide a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. The request for approval shall explain fully the difference, if any, between the proposed product and the one or more named in the specifications, including difference in cost. A statement setting forth changes in other materials, equipment or other portions of the Work including changes in the work of other contracts that incorporation of the proposed substitution would require shall be included in the request. The burden of proof of the merit of the proposed substitution is upon the proposer. The Owner’s decision of approval or disapproval of a proposed substitution shall be final.


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3.3.3 If the Owner approves a proposed substitution prior to Bid opening, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

3.3.4 No substitutions will be considered after the Contract award unless specifically provided in the Contract Documents.

3.4 Addenda.

3.4.1 Addenda, if any, will be mailed or delivered to all who are known by the issuing office to have paid for and received a complete set of Bidding Documents at the address furnished in the application for Bidding Documents.

3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

3.4.3 No Addenda modifying plans and specifications shall be issued within a period of 72 hours prior to the advertised time for the opening of Bids, excluding Saturdays, Sundays, and legal holidays, except for Addenda which include an extension of the time for opening of Bids by at least 72 hours excluding Saturdays, Sundays, and legal holidays, from the date of the original Bid opening. An addendum withdrawing the request for Bids may be issued at any time.

3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, if any, and the Bidder shall acknowledge their receipt in the Bid. Failure of a Bidder to receive or acknowledge any Addendum shall not relieve the Bidder of any obligation under the Bid. All Addenda shall become part of the Contract Documents.

3.5 Communications. Except as expressly provided in, or permitted by, the Bidding Documents, from the date of issuance of the Advertisement for Bids until final Owner action of approval of contract award, the Bidder shall not initiate any communication or discussion concerning the Project or the Bidder’s Bid or any part thereof with any employee, agent, or representative of the Owner. Any violation of this restriction may result in the rejection of the Bidder’s Bid.

ARTICLE 4 BIDDING PROCEDURES

4.1 Form and Style of Bids.

4.1.1 Bids shall be submitted on forms identical to the form included with the Bidding

Documents.

4.1.2 All blanks on the Bid Form shall be filled in by typewriter or manually in ink.

4.1.3 Where so indicated on the Bid Form sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid.

4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter “No Change” as the Alternate Bid for that Alternate.

4.1.6 All requested unit cost items shall be bid.

4.1.7 The Bidder shall make no additional stipulations on the Bid Form nor qualify the Bid in any other manner.


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4.1.8 The Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, partnership, corporation or other legal entity. The Bid, and each copy, shall be signed by the person or persons legally authorized to bind the Bidder to a contract. The Bid shall state the Federal Tax I.D. number or Social Security Number of the Bidder. A Bid by a corporation or other entity shall further state the state where the entity is organized and have the corporate (or other entity as applicable) seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent’s authority to bind the Bidder. All signatures shall have the name and title of the signor typed below the signature.

4.1.9 Bidders shall submit an original and two duplicate copies of the Bid. Label the original and duplicate Bids as “ORIGINAL,” “DUPLICATE 1,” and “DUPLICATE 2,” respectively, at the top of the first page.

4.2 Bid security.

4.2.1 Each Bid shall be accompanied by bid security in the form of a Bid Bond written on a form identical to the form included with the Bidding Documents. The attorney-in-fact who executes the Bid Bond on behalf of the surety shall affix to the Bid Bond a certified and current copy of its power of attorney. The Bid Bond shall be made payable to the Owner in the amount of five percent (5%) of the Base Bid. The surety must be satisfactory to the Owner and must be licensed to do business in Georgia as approved by the State Insurance Commissioner’s Office. No other form of bid security will be accepted.

4.2.2 The Owner shall have the right to retain the Bid Bond of all Bidders until either (a) the Contract has been executed and a satisfactory Payment Bond and Performance Bond have been furnished, or (b) sixty (60) days after Bid opening, or (c) all Bids have been rejected.

4.3 Submission of Bids.

4.3.1 The original and all copies of the Bid, the Bid Bond, and other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids as indicated by the Advertisement for Bids. The envelope shall be identified with the Project number and name, the Bidder’s name and address, the words “Bid-Do Not Open”, the designated portion of the Work for which the Bid is submitted (if such a designation is applicable), and the bid closing date and hour. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation “SEALED BID ENCLOSED” on the face thereof.

4.3.2 Bids shall be deposited at the designated location prior to the closing time and date for receipt of Bids indicated in the Advertisement for Bids, or any extension thereof made by Addendum.

4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

4.3.4 Oral, telephonic, telegraphic, electronic, or facsimile Bids are invalid and will not receive consideration.

4.3.5 The Bidder must complete, execute and include with the Bid, the following on forms identical to the forms provided in the Bidding Documents:

.1 Bid Form;

.2 Bid Bond;

.3 Subcontractor Listing;

.4 Corporate Certificate, Partnership Certificate, or Entity Certificate (if applicable); and

.5 Contractor’s Qualification Statement.


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4.4 Modification or Withdrawal of Bids.

4.4.1 Except as otherwise expressly provided by applicable law, no Bid may be withdrawn for a period of sixty (60) days following the closing time and date for receipt of Bids, and all Bids are subject to acceptance by the Owner during said period, and each Bidder so agrees by submitting a Bid.

ARTICLE 5 CONSIDERATION OF BIDS

5.1 Opening of Bids. Unless stated otherwise in the Advertisement for Bids, the properly

identified timely Bids will be opened publicly and will be read aloud. All interested parties are invited to attend.

5.2 Rejection of Bids. Notwithstanding any other provision, the Owner shall have the right to reject any or all Bids, before or after opening, for any reason whatsoever including, but not limited to, any failure of any Bid to be accompanied by a Bid Bond or by other data required by the Bidding Documents, any incompleteness or irregularity of any Bid received, any evidence of collusion with the intent to defraud or other illegal practices on the part of the Bidder, failure to comply with the requirements of the Bidding Documents, or exceeding the funds available. Nothing shall limit or restrict the Owner’s authority to reject any and all Bids.

5.3 Acceptance of Bid (Award).

5.3.1 It is the intent of the Owner to award a contract, at the sole option of the Owner, in due course and after a reasonable Bid evaluation period, on a lump sum basis and within the funds available, to the lowest responsive, responsible Bidder provided that the Bid otherwise fulfills the requirements of the Bidding Documents. The Owner shall have the right to waive technicalities and informalities in a Bid received and to accept the Bid which, in the Owner’s judgment, is in the Owner’s best interests.

5.3.2 The Advertisement for Bids indicates whether the Project will be awarded by base bid or base bid plus selected alternates. Deductive alternates may be used to reduce the Base Bid; however, they shall be prioritized and exercised, if at all, in numerical sequence as listed in the Bidding Documents. If it is determined that deductive alternates will be selected, all bids will be recalculated removing the deductive alternates selected. The low bid shall then be determined on the Base Bid less any deductive alternates. Additive alternates may be exercised in any order. If the Project will be awarded by Base Bid, then additive alternates are considered only after the low base bidder has been declared. If the Project will be awarded by Base Bid plus selected alternates, all bids will be recalculated by adding the additive alternates to be taken. The low bid shall then be determined on the Base Bid plus the selected alternates.

5.3.3 Each Bidder shall be prepared to commence Work upon the date it receives the Notice to Proceed to be issued by the Owner, or such later date as may be set forth therein.

ARTICLE 6 QUALIFICATION OF CONTRACTORS

6.1 Contractor’s Qualification Statement.

6.1.1 Each Bidder shall submit with its Bid a Contractor’s Qualification Statement on the

form provided in the Bidding Documents.

6.1.2 The Owner shall have the right to make such additional inquiry as it deems


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necessary to determine the ability of the Bidder to perform the Work in a prompt and efficient manner in accordance with the Contract Documents. The failure of a Bidder to promptly supply information in connection with the Owner’s inquiry shall be grounds for a determination that such Bidder is not responsive, not responsible, or both.

6.1.3 In determining the qualifications and responsibility of the Bidder, the Owner may take into consideration any and all relevant facts and circumstances available to it including, but not limited to, the Bidder’s experience, capacity, facilities, previous work standing, financial standing, skill, available supervisory personnel, available labor, quality and efficiency of construction plant and equipment proposed to be utilized on the Project, and any matter disclosed, or not disclosed as applicable, in connection with the Contractor’s Qualification Statement.

6.1.4 The Owner shall have the right to reject the Bid of any Bidder failing to show to the complete satisfaction of the Owner the Bidder could perform the Work in a prompt and efficient manner in accordance with the Contract Documents.

ARTICLE 7 SUBCONTRACTORS AND SUPPLIERS

7.1 The Bidder will submit with its Bid a list of the names of persons or entities (including

those persons or entities who are to furnish material or equipment fabricated to a special design) proposed for the principal portions of the Work, and names of the manufacturers, products and the suppliers of principal items or systems of materials and equipment proposed for the Work, on the Subcontractor Listing form included with the Bidding Documents. There shall be only one person or entity named for each portion of the Work listed.

7.2 The Bidder shall be responsible for establishing to the satisfaction of the Architect and the Owner the reliability and responsibility of the persons or entities listed. The Bidder may be required by the Owner to provide additional information regarding the persons or entities listed.

7.3 Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the Owner or the Architect has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder shall submit the name of an acceptable substitute with no change in the Bid price. The failure of the Bidder to promptly comply with this requirement may be grounds for rejection of the Bid.

7.4 The Bidder shall make no other substitutions for any listed person or entity without first notifying the Owner in writing of the intended substitution and the specific reason for the substitution. Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection shall be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. Substitutions will not be allowed if the Owner or Architect have reasonable objection to the substitution. Substitutions subsequent to the execution of the Contract shall be governed by the Contract.

7.5 Nothing contained in the Bidding Documents shall be deemed to create a contractual

relationship between the Owner and any subcontractor or supplier.

ARTICLE 8 UNIT PRICES

8.1 The Bidder shall submit with the Bid the Unit Prices, if any, designated on the Bid Form

included with the Bidding Documents.

8.2 Where applicable, Unit Prices shall be used for the pricing of changes in the quantity of


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Work, if any, authorized in writing in accordance with the Contract.

8.3 The Unit Prices shall include all necessary supervision, labor, materials, equipment, appliances, supplies, plus overhead and profit and any other costs and compensation for such item.

8.4 Only one Unit Price shall be quoted for each designated item of Work. The Unit Price shall be used to calculate price adjustments based on deductive as well as additive changes.

8.5 Where applicable, Unit Prices shall apply to all phases of the Work, whether the Work be performed by the Bidder or by the Bidder’s subcontractor.

8.6 Unit Prices are subject to equitable adjustment as expressly set forth in the Contract.

ARTICLE 9 PERFORMANCE BOND, PAYMENT BOND AND INSURANCE

9.1 Bond Requirements.

9.1.1 The successful Bidder shall furnish bonds covering the faithful performance of the

Contract and payment of all obligations arising thereunder, both in the amount of one hundred percent (100%) of the Contract Price. The surety must be satisfactory to the Owner and must be licensed to do business in Georgia as approved by the State Insurance Commissioner’s Office.

9.1.2 The cost of furnishing such bonds shall be paid by the Bidder, and said cost shall be included in the Bid.

9.2 Time of Delivery and Form of Bonds.

9.2.1 The successful Bidder shall deliver the required bonds to the Owner simultaneously with the execution of the Contract.

9.2.2 Both the Performance Bond and Payment Bond shall be written in the exact form required by the Owner. Sample forms are provided in the Bidding Documents. A successful Bidder having co-sureties, rather than a single surety, shall request the Owner’s alternate forms for the applicable number of co-sureties. Both bonds shall be written in the amount of one hundred percent (100%) of the Contract Price.

9.2.3 The bonds shall be dated the same date as the date of the Contract.

9.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of its power of attorney.

9.3 Insurance. The successful Bidder shall comply with any insurance requirements set forth in the Contract.

ARTICLE 10 AWARD OF CONTRACT AND FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

10.1 The award of contract is contingent upon (a) securing an acceptable Bid that is within the amount of budgeted funds, and (b) determining that the award of contract will be in the best interests of the Owner.


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10.2 The Contract between the Owner and the Contractor shall be identical in form with the form provided in the Bidding Documents. The successful Bidder shall assist and cooperate with the Owner in preparing the Contract, and upon its presentation by the Owner, shall execute same in the number required by the Owner.

10.3 Upon delivery of the Contract executed by the Contractor, the Contractor shall deliver to the Owner the Performance Bond and Payment Bond. All required forms, bonds, policies or certificates of insurance and other documents must be submitted and approved by the Owner before the Notice to Proceed may be issued.

ARTICLE 11 MINIMUM WAGE RATES

If federal funds are used on this Project, a wage rate determination will be included in the Bidding

Documents. On covered contracts, the contractor and subcontractors shall pay all laborers employed on the site not less than the minimum hourly wage rates set forth in the wage rate determination. The designated wage rates represent minimum allowable rates of pay and shall not be construed to mean that higher rates may not have to be paid in order to secure labor. Thus, differences between designated wage rates and actual wage rates shall not be an appropriate basis for later adjustment of the Contract Price.

ARTICLE 12 AUTHORITY CERTIFICATE

12.1 A Corporate Certificate is included with the Bidding Documents. If the Bidder is a

corporation, the Bidder shall complete and sign the Corporate Certificate and submit same with its Bid.

12.2 A Partnership Certificate is included with the Bidding Documents. If the Bidder is a partnership, the Bidder shall complete and sign the Partnership Certificate and submit same with its Bid.

12.3 An Entity Certificate is included with the Bidding Documents. If the Bidder is a legal entity

other than a corporation or a partnership, the Bidder shall complete and sign the Entity Certificate and submit same with its Bid.

ARTICLE 13 AFFIDAVIT

13.1 A form of Bidder’s and Individuals’ Affidavit of Noncollusion is included with the Bidding

Documents. Not later than simultaneously with the execution of the Contract, the successful Bidder shall deliver to the Owner the completed and executed Affidavit in accordance with O.C.G.A. § 36-91-21(e). If the successful Bidder is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall execute the Affidavit. If the successful Bidder is a corporation or other entity, all officers, agents, or other persons who may have acted for or represented the corporation or other entity in bidding for or procuring the contract shall execute the Affidavit.

ARTICLE 14 EQUAL EMPLOYMENT AND NONDISCRIMINATION

14.1 The Owner is committed to a policy of providing equal job opportunities on public

contracts and prohibiting discrimination based on race, creed, color, sex, age, religion, national origin, or disability in employment.


10

14.2 It is the desire of the Owner that Minority Businesses be given the opportunity to bid on the various parts of the Work. This desire of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the Work. The Owner supports a healthy, free market system that seeks to include responsible businesses and provide ample opportunities for business growth and development.

ARTICLE 15 MISCELLANEOUS

15.1 Employment of Georgia Citizens and Use of Georgia Products. Since the Work provided

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

15.2 Photographs. The Contractor shall be required to take monthly photographs. Reference the requirements for photographs in the Contract Documents.

15.3 Temporary Facilities. The Bidder shall include in his Bid, all temporary facilities including, without limitation, fencing, gatework or other means required for protection of the public and property.

15.4 Fee Exemptions. Contractors doing work for DeKalb County School District are exempted from building permit fees, assessment fees, and impact fees.

15.5 Water and Sewer Utilities. Bidders shall include and be responsible for in the Base Bid costs for the following utility work, without limitation:

15.5.1 Water Flow Test to be completed prior to start of construction.

15.5.2 DeKalb County Water Department water meter and water vault requirements and any required water tap fees.

15.5.3 Contractor shall contact the appropriate utility departments.

15.6 Required Permits. See the Advertisement for Bids and Division 1 – General Requirements (SECTION 01010) concerning whether all anticipated federal, state and local permits required for the Project have or have not been obtained, and, if not, when the Owner anticipates that such permits will be obtained. 15.7 Rights Of Way And Easements. See the Advertisement for Bids and Division 1 – General Requirements (SECTION 01010) concerning whether all anticipated rights of way and easements required for the Project have or have not been obtained, and, if not, when the Owner anticipates that such rights of way and easements will be obtained.

Owner’s Criteria and Narrative Scope of Work Page 1 of 4 March 13, 2013

Owner’s Criteria and Narrative Scope of Work ITB 14-752-029 – Fernbank Science Center Greenhouse Project

PART 1 – SCOPE:

A. Furnish all materials and labor to install one 30 ft. wide by 84 ft. long greenhouse with 8 ft. side walls including associated sitework, utilities and grading.

PART 2 – GENERAL:

A. Basis of Design shall be Atlas “Educator” Series Greenhouse by Atlas Manufacturing, Inc. in Alapaha, Georgia.

B. All structural and steel tube components of the greenhouse shall be Allied “Gatorshield” galvanized steel products, as manufactured by Allied Tube & Conduit Corp., or approved equal.

C. Contractor shall furnish all materials and labor to fulfill the job requirements as per this specification. All workmanship and materials shall be guaranteed for a period of one (1) year.

D. All work shall be performed by personnel who are qualified to do this work and are licensed, as necessary, by existing regulations.

PART 3 – SPECIFICATIONS:

Greenhouse structure shall be 30 ft. wide by 84 ft. long with 8’ side walls. Sealed engineering drawings of the entire design shall be provided. The Design shall provide for the following:

A. Galvanized Steel Frame consisting of: 1. Column Post: 2” x 4” x 14 ga. rectangle with welded plates – 6’ spacing 2. Bows: 2” x 3” x 14 ga. rectangle – 6’ spacing 3. Trusses: 2” x 2” x 14 ga. square – spans 29’ 3-1/4” wide 4. Uprights: 1-3/8” round 5. Purlins: 12 runs 1-3/8” round 6. Ridge: Extruded aluminum ridge cap 7. Roof Glazing System: Extruded aluminum roof channels spaced 6’ apart 8. Roof Glazing: 8mm clear twin wall no drip polycarbonate panels - provide with 10 year warranty 9. Eave Glazing System: Aluminum extruded eave channels 10. Eave Glazing: 8mm clear twin wall no drip polycarbonate - provide with 10 year warranty 11. Engineering Design Modifications: E-11-XXXX

Wind and Snow Loads Wind Load (WL) 90 mph, 3 second gusts Snow Load (SL) 15 lbs. per s.f., ground snow

B. Foundation – Structure to be constructed on full slab with grate drain 1. New concrete slab must be a minimum of 4” thick with perimeter footer of 16 inches wide x 6 inches

deep minimum 2. One run of 2” wide by 4” PVC grate drain with removable grate 3. Grate drain shall be approximately 12’ from both ends of greenhouse and exit the greenhouse by a

minimum of 5-feet 4. Slab shall be sloped accordingly to allow for proper drainage to center grating 5. Provide two (2) runs of 1/2” rebar with foil ties installed continuous around perimeter footer. Rebar

to overlap corners by a minimum of 24”.

C. End Gables 1. Front End Gables: Framed for two (2) 42” exhaust fans and one (1) 48” x 7’-0” personnel door

a. Framing Studs: 2” x 2” x 14 ga. square with brackets for wedge anchor attachment b. Horizontal Purlins: 2” x 2” x 14 ga. square c. Base Extrusion: Aluminum base extrusion to seal and trim out base of greenhouse


2. Rear End Gables: Framed for 5’ x 20’ evaporative cooling system and one (1) 48” x 7’-0” personnel door

3. Ventilation a. Provide two (2) 42” Quietaire GCS, or equal, slant wall exhaust fans 1 h.p.: 15,490 cfm each @

0.10 SP 110V or 220V. Provide one fan 2-speed and one single speed fan both equipped with shutter and guard.

b. Provide one 39” Motorized Quietaire, or equal, shutter located above cooling pad for fresh air intake at the minimum stage cooling.

c. Provide one 5’ x 20’ Stainless Steel Quietaire, or equal, Evaporative Cooling System with trough, plate and 6” thick pad. The 6” pad material offers maximum cooling and uses a 65/15 degree water/air flow with a 420 per maximum face velocity. Provide a self-contained system that does not require a reservoir tank. Include a sump pump and float valve for proper water level regulation.

d. Provide one 5’ x 20’ Automatic Wall Vent located behind the evaporative cooling system. Wall vent shall operate using a motorized rack and pinion drive system with maintenance free operation. Include extruded aluminum frame and an 8mm polycarbonate covering with a 10-year warranty.

4. Heating a. Provide one 300,000 BTU L.P. gas high efficiency ADP heater with aluminized burner. The

heater shall incorporate a time delay to allow the aluminized steel heat exchanger to rise to a certain temperature before the fan is engaged. The heater shall be equipped with a propeller fan with guard. Include vent pipe and hanger assembly. Design to maintain an inside temperature of 68 degrees with an outside temperature of 0 degrees and a 15-mph wind. Provide with power vent and spark ignition.

b. Provide four (4) Horizontal Air Flow Fans (HAF) 18” – 3 bladed fans complete with guard and a split capacitor 115 volt 60 hz motor, 2.9 amps develops 3815 CFM. These fans shall circulate the air to maintain a consistent temperature inside the greenhouse, in addition, these fans shall reduce the stratification (stale air) to reduce the risk of plant disease.

5. Doors a. Provide two (2) 48” x 7’-0” A.D.A. compliant single swing doors with lever action lock and key,

panic hardware and automatic closers. Doors are one half tempered glass, designed to open toward outside of greenhouse.

6. Automatic Temperature Control a. Provide five stage thermostat control individually labeled for simple operation and no

overlapping of heating or cooling units. Stage one of the cooling system shall operate the gable shutter for both winter and summer as the #1 fan is on its low speed. As the #2 fan is energized, the shutter shall close and the power vent shall open. Cooling final stage shall allow for the start-up of the evaporative cooling system pump while the horizontal airflow fans are turned off. System shall be wired for 120V with easy access for adjusting set limits.

7. Hanging Basket Rails a. Provide six (6) runs of 72’ long 1-3/8” x 17 ga. galvanized steel tubing installed to run the length

of the benches.

8. Shade Cloth a. Provide 36’ by 86’ (3,096 sq. ft.) Svensson_FLS Shade Cloth with 51% shading factor

grommeted and taped 2’ O.C. The shade cloth shall be applied to the roof of the finished structure and attached to the midpoint on side wall for easy installation and removal. The shade cloth shall help reduce inside temperature and allow optimum growing for “partial sun” plant material. Include a 3/4” – 1 hole clamp with hardware and lace rope for Shade Cloth attachment.


9. Emergency Lighting/Exit Signs/Fire Extinguisher a. Emergency lights powered by a rechargeable battery shall be located above doors and will

illuminate the word “EXIT” at all times. Emergency lights shall come on when the power is interrupted for any reason.

b. Provide one multi-purpose dry chemical A-B-C rated 10 lb. fire extinguisher charged with formulated siliconized dry chemical. UL rated for fighting paper, wood, fabric, grease, flammable liquid and electrical fires.

10. Benches a. Benches shall be framed with aluminum extrusions and rectangular galvanized steel tubing.

Bench mesh shall be 3/4” x 13 ga. galvanized expanded metal. Bench cross braces shall be made of 1” x 2” rectangular tubing and spaced 2 ft. apart. Bench legs shall be made of 1” x 2” rectangular tubing. i. Quantity: Provide fourteen (14) 6’ x 9’-6” portable benches and two (2) 3’ x 66’ continuous

benches ii. Layout: Provide bench layout drawing for approval

11. Irrigation a. Mist: Provide one (1) complete system with brass high pressure regulator, filter, punch tool,

PVC pipe, gate valves, zone controller, and solenoids. Mist irrigation shall be plumbed above benches with 36” long misters spaced 2’ O.C. with manual shut off. Hanging basket drippers shall have adjustable flow and have the capacity to be turned off. Drippers are spaced 24” O.C. and 24” long.

b. Fertilizer Injector: Provide one (1) injector installed a minimum of 30” A.F.F. for easy access. All irrigation outlets shall be serviced through the fertilizer injector. Unit shall provide a maximum of 30 GPM of fertilizer/water solution output. Unit must be installed with bypass and gate valves for flexibility. Provide Dosmatic A30, or equal, fertilizer injector system .

c. Controller: Provide Rain Bird Model ESP 4M, or equal, Modular Irrigation Controller including an additional three (3) zone module to provide a total of 7 zones. Provide controller with three (3) independent programs and allow for future expansion up to 13 zones.

d. Galvanized Steel Solenoid Manifold: Minimum of 55 PSI required for proper operation of irrigation system.

12. Installation a. Completion

i. Provide all labor and materials to erect greenhouse using personnel experienced in every aspect of installing a pre-engineered greenhouse structure.

ii. Upon completion of work, test all equipment for proper operation. iii. Instruct Owner’s personnel in all aspects of operation and provide maintenance manuals on

covering and equipment.

b. Electrical Existing Site: i. Furnish 120/240 volt single phase electrical supply within 5’ of greenhouse located near

front door. Indicate location on bench layout drawing. ii. Provide 20’ of additional electrical cable to effectively connect power within greenhouse

without a splice. Inside Greenhouse: i. Furnish all labor and materials to install four (4) 115 volt receptacles, two on each end of

greenhouse. ii. Furnish all labor and materials to properly wire all greenhouse equipment into 100 amp

breaker box. iii. Furnish all labor and materials to provide necessary utility vapor tight lamps with guard

installed 12’ apart down length of greenhouse including 100 watt bulbs. iv. Adhere to National Electric Codes throughout the greenhouse.


c. Plumbing Existing Site: i. Furnish minimum 1” PVC water supply with a minimum of 55 PSI within 5’ of greenhouse

located near front door. Indicate location on bench layout drawing. Inside Greenhouse:

i. Furnish all labor and materials to provide seven (7) spigots, three (3) plumbed to injectors and four (4) plumbed to clear water supply utilizing Schedule 21 PVC pipe or equivalent.

ii. Furnish all labor and material to plumb evaporative cooling system. iii. Furnish all labor and material for installation of irrigation system.

d. Natural Gas Line i. Furnish natural gas line for heaters inside of greenhouse and complete final hook up.

e. Site Preparation i. Provide finished graded site, free of weeds, trees and debris. Coordinate with Owner’s

personnel what existing plant materials and structures will be removed by owner. All remaining structures and plant materials are to be demolished and hauled off site.

ii. Provide finished site 6” higher than surrounding grade, level and with a pad dimension that is 10’ longer and 10’ wider than the actual dimensions of the proposed greenhouse. Fill dirt shall be clean and free of organic matter and of such quality and particle size that it can be easily worked. Clay is allowable as a base material but is not permitted for fill dirt.

iii. Pad site shall be positioned to provide access for concrete truck around perimeter and be at least 20’ from any existing building and with a minimum of 13’ of height clearance.

iv. Dig permits are required and all underground utilities must be marked prior to beginning construction.

f. Access i. Workers shall have access to construction site from 7 A.M. to 6 P.M. ii. Restroom facilities shall be provided by contractor.

Bid Form – Fixed Price Narrow Scope Project Name: Fernbank Science Center Greenhouse Project: DeKalb County Board of Education Solicitation No.: ITB 14-752-029 Page 1 Bid Date: March 13, 2014

Bid Form – Fixed Price Narrow Scope.03.2009

BID FORM FIXED PRICE NARROW SCOPE

DeKalb County Board of Education Sam A. Moss Service Center 1780 Montreal Road Tucker, Georgia 30084

In compliance with your Invitation to Bid and the Bidding Documents (defined herein), the undersigned Bidder,

____________________________________________, [legal name of Bidder]

____________________________________________

____________________________________________, [address of Bidder]

____________________________________________, [telephone number of Bidder] having carefully examined the site and Bidding Documents, including the proposed contract documents and any Addenda thereto, for Project No. ITB 14-752-029 for the Fernbank Science Center Greenhouse Project, proposes and agrees, if this bid is accepted, to enter into a contract with the Owner in the exact form identified in the Invitation to Bid and to perform the Work including all services, supervision, labor, equipment and material in conformance with the Contract Documents, in the time stated, for the lump sum of: ___________________________________________________________________ dollars [written in words] ($______________________________), which sum shall constitute the Base Bid. The following is a breakdown of the Base Bid: (Please list deducts/add for each project, the total should equal your total voluntary deduct/add)

(1) Fernbank Science Center Greenhouse): $__________________________

Voluntary Deduct / Add to your Base Bid

_____________________________________________________________________ dollars written in words]

($_____________________), shall be added/deducted (circle which one) from the Base Bid.



Addenda Acknowledgement The undersigned Bidder hereby acknowledges receipt of the following Addenda [insert the number and date of each Addendum; if none, insert "None"]: ________________________________________________________________________________________________________________________________________________________ Schedule The Bidder has attached their Preliminary Construction Schedule that incorporates any/all milestones provided by the Owner in the Invitation to Bid. The Bidder’s Substantial Completion Duration and Completion Date may be inserted into the Owner’s form of Contract to establish the agreed upon Contract Time. We request the Bidder to propose an alternate/ accelerated schedule. If the Bidder, develops such a plan, attach the written milestone schedule with construction durations and dates. General Conditions

The undersigned Bidder agrees that if it is notified in writing by mail, telegraph, facsimile, e-mail, or hand-delivery of the acceptance of this Bid, via Notice of Award or otherwise, within sixty (60) days after the date of the Bid opening, the undersigned Bidder will execute, within ten (10) days of the date of the notice, a contract for the Work in accordance with the Bidding Documents in the exact form provided therein for the amount stated above, and at that time will furnish and deliver to the Owner a satisfactory Performance Bond and Payment Bond, if required, both on the exact forms provided in the Bidding Documents and each in an amount equal to one hundred percent (100%) of the Contract Price. The Bidder further agrees to furnish other documents or information as required by the Bidding Documents in accordance therewith.

Enclosed herewith, if required, is a fully executed Bid Bond in the exact form required by the Bidding Documents.

The undersigned Bidder agrees that once the Bidder receives their Notice to Proceed,

pursuing and obtaining the required permits becomes the Bidder’s responsibility. The Architect will assist in obtaining the required permits.



The undersigned Bidder agrees to commence actual physical work on the site with adequate forces and equipment within ten (10) calendar days of the date of the Notice to Proceed to be issued by the Owner, and to complete the Work within the time provided in this Bid.

The undersigned Bidder is duly organized and existing under the laws of the State of __________________________ as a:

(1) ___ Sole Proprietorship; (2) ___ Partnership; (3) ___ Corporation; or (4) ___ Other legal entity (specify) _____________________.

The Bidder’s Federal I.D. number, or Social Security number if the Bidder is an individual, is as follows: _________________________________.

As used herein, the “Bidding Documents” are: this Bid Form; the Invitation to Bid; the form of contract identified in the Invitation to Bid; the Narrative Scope of Work, any plans or specifications, or both, identified in the Invitation to Bid; the Owner’s forms of Bid Bond, Payment Bond and Performance Bond; the Subcontractor Listing; Corporate Certificate, Entity Certificate or Partnership Certificate (as applicable); Bidder’s and Individual’s Affidavit of Noncollusion; and Noncollusion Affidavit of Subcontractor.

The following completed Bidding Documents are attached hereto or enclosed

herewith:

(1) Original and two (2) duplicates of this Bid, appropriately marked; (2) Bid Bond; (3) Subcontractor Listing; (4) Corporate Certificate, Entity Certificate or Partnership Certificate (as applicable); (5) Noncollusion Affidavit of Prime Bidder (6) Noncollusion Affidavit of Subcontractor (7) Bidder’s Qualification Statement (8) Preliminary Schedule

The Bidder understands that the Owner reserves the right to reject any or all Bids, and to

waive technicalities and informalities. The Bidder understands that the Bidder shall be responsible for obtaining all federal,

state and local permits required for the Project.

The Bidder agrees that this Bid may not be revoked or withdrawn for a period of sixty (60) days after the date and time of Bid opening, but shall remain open for acceptance for a period of sixty (60) days following Bid opening.



By submission of this Bid, the Bidder certifies that this Bid has been derived independently, without consultation, communication or agreement as to any matter relating to this Bid with any other Bidder or with any competitor. The Bidder hereby certifies that this Bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same Work and is in all respects fair and without collusion or fraud. The Bidder understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. The Bidder agrees to abide by all conditions of the Bid.

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

NAME TITLE ADDRESS ______________________ ___________________ _____________________________ ______________________ ___________________ _____________________________ ______________________ ___________________ _____________________________

Respectfully submitted,

______________________________________ [typed name of Bidder]

By: __________________________________[seal]

[signature]

__________________________________________ [typed name and title]

__________________________________________ [address of Bidder]

(_____)____________________________________ [business telephone number]

__________________________________________ [date of execution]



STATE OF _______________________ COUNTY OF _____________________

Came before me, ________________________________________, and after being [typed name of individual signing Bid]

duly sworn, deposes and says that he/she is _____________________________________ of

[title] ________________________________ and that all of the foregoing is true and correct to the

[Bidder] best of his/her information and belief. _____________________________________

[signature of individual signing Bid] Subscribed and sworn to before me this ___ day of ______________, 20____. (seal) _________________________________ Notary Public My Commission Expires: ___/___/___

(12.2008)

BIDDER’S and INDIVIDUALS’ AFFIDAVIT OF NONCOLLUSION (This affidavit to be executed in accordance with O.C.G.A. § 36-91-21(e))

STATE OF ______________________ COUNTY OF ____________________

COMES NOW, _________________________________________________________(“Bidder”), [name of Bidder] appearing by and through __________________________________ , it’s _________________________ [insert name of individual with [title]

authority to bind Bidder] (averring both individually and in his or her representative capacity on behalf of Bidder) (the “Individual And Representative Affiant”), and _____________________________________________________________ [in these blanks insert the names of all those required to give the oath under O.C.G.A. § 36-91-21(e)] _____________________________________________________________________________________ _____________________________________________________________________________________ ______________________________________________________________________________________ _____________________________________________________________________________________ ______________________________________________________________________________________ _______________________________________________________________________________________ _____________________________________________________________________________________ (collectively, the “Individual Affiants”), and each of the Individual And Representative Affiant and the Individual Affiants, after first being duly sworn, deposes and says that:

1. He, she or it, as applicable, has not directly or indirectly violated subsection (d) of the Official

Code of Georgia Annotated Section 36-91-21, which subsection provides as follows:

12.2008 2

(d) Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or proposals by any means whatever. No person who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefor by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or proposal for the work.

2. If the Bidder is a partnership, then the Individual And Representative Affiant, together with the Individual Affiants, constitute all of the partners and any officer, agent or other person who may have represented or acted for them in bidding for or procuring the contract for the DeKalb County Board of Education Project No. N/A for Fernbank Science Center Greenhouse Project______ (the “Project”). 3. If the Bidder is a corporation or other entity, then the Individual And Representative Affiant, together with the Individual Affiants, constitute all officers, agents, or other persons who may have acted for or represented the corporation or other entity in bidding for or procuring the contract for the Project.

Further, the Individual And Representative Affiant and the Individual Affiants sayeth not.

This _______ day of _______________, 2_____

_____________________________________ [insert name of Bidder] and ___________________________________________ [insert name of Individual And Representative Affiant] By: ___________________________________, both individually and on behalf of Bidder as its [signature] _________________________________ [insert title] Individual Affiants’ signatures and names: x_____________________________________ x____________________________________ Name: Name: x_____________________________________ x____________________________________ Name: Name: x_____________________________________ x____________________________________ Name: Name: x_____________________________________ x____________________________________ Name: Name: x_____________________________________ x____________________________________ Name: Name: x_____________________________________ x____________________________________ Name: Name:

12.2008 3

Sworn to and subscribed before me this ___ day of _______________, 20_____. Notary Public: _____________________ My commission expires: __/__/__. (SEAL)

12.2008

NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR STATE OF ___________________ COUNTY OF _________________ ______________________________, being first duly sworn, deposes and says that:

(1) He or she is _____________________________________ of [Owner, partner, officer, representative, or agent] ____________________________________________, hereinafter referred to as the “Subcontractor”;

(2) He or she is fully informed respecting the preparation and contents of the Subcontractor’s

Bid/Proposal submitted by the Subcontractor to __________________________, the Contractor for

certain work in connection with the construction of ____________________________ pertaining to the

project at ______________________________________;

(3) Such Subcontractor’s Bid/Proposal is genuine and is not a collusive or sham

Bid/Proposal;

(4) Neither the Subcontractor nor any of its officers, partners, owners, agents,

representatives, employees or parties in interest, including this affiant, has in any way colluded,

conspired, connived or agreed, directly or indirectly with any other Bidder/Offeror, firm or person to submit

a collusive or sham Bid/Proposal in connection with such Contract or to refrain from submitting a

Bid/Proposal in connection with such Contract or has in any manner, directly or indirectly, sought by

unlawful agreement or connivance with any other Bidder/Offeror, firm or person to fix the price or prices in

said Subcontractor’s Bid/Proposal, or to secure through collusion, conspiracy, connivance or unlawful

agreement any advantage against the DeKalb County Board of Education or any person interested in the

proposed Contract; and

(5) The price or prices quoted in the Subcontractor’s Bid/Proposal are fair and proper and

are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the

Bidder/Offeror or any of its agents, representatives, owners, employees, or parties in interest, including

this affiant.

Signed: _______________________________

Title: _________________________________ (SEAL) Subscribed and Sworn to before me this ___ day of _______________, 20_____.

12.2008

Notary Public: _____________________ My commission expires: __/__/__.

04.2009 1

BIDDER’S QUALIFICATION STATEMENT

The following information shall be submitted, under oath, as part of Bidder’s submission:

1. FINANCIAL STATEMENT. The most recent financial statement of the Bidder, prepared and signed by an independent Certified Public Accountant duly registered with the Georgia State Board of Accountancy for at least a one year period ending not more than sixteen (16) months prior to the date of the Bid opening. No financial statement will be accepted which has been prepared by a Certified Public Accountant who is directly or indirectly interested in the business of the Bidder. In the case of a Bid of One Million Dollars ($1,000,000.00) or more, the Bidder’s financial statement shall be a fully audited financial statement. In no event shall any financial statement submitted include other legal entities related to Bidder (e.g., without limitation, parent, subsidiary or sister corporations).

2. MAJOR PLANT AND EQUIPMENT. A list of all major plant and equipment (i.e., cost of replacement in excess of [$50,000.00]) owned by Bidder, including type, age, condition and number of years remaining of useful life:

TYPE

COST OF REPLACEMENT

AGE

CONDITION

YEARS OF USEFUL

LIFE

04.2009 2

3. OWNERS, CORPORATE OFFICERS AND SUPERVISORY PERSONNEL. A list of all owners, corporate officers and supervisory persons of Bidder who will be involved in any way with the performance of the work (including home office personnel):

NAME

TITLE/DUTIES

NO. YRS.

EXPERIENCE

4. RECENT WORK. A list of all work on which the Bidder has been engaged in the past three (3) years, both in Georgia and elsewhere, giving the name of projects undertaken, the type of work, the location, the contract amount and the name of the owner. In case of work done by subcontract, the prime contractor shall also be identified.

PROJECT

DESCRIPTION AND ADDRESS

NAME OF OWNER

(ADDRESS AND TELEPHONE)

ARCHITECT (ADDRESS AND

TELEPHONE) (cont�d)

CONTRACT AMOUNT AND TYPE OF WORK

04.2009 3

PROJECT

DESCRIPTION AND ADDRESS

(cont�d)

NAME OF OWNER

(ADDRESS AND TELEPHONE)

(cont�d)

ARCHITECT (ADDRESS AND

TELEPHONE) (cont�d)

CONTRACT AMOUNT AND TYPE OF WORK

(cont�d)

5. A list of any claims, requests for mediation, demands for arbitration, legal proceedings or

other form of dispute resolution filed by or against Bidder on any project within the past five (5) years. This list shall also disclose any failure or failures to complete a contract, or contracts, and any penalties imposed by reason of any contract undertaken and determined to be in noncompliance with pertinent statutes within the past five (5) years. The Bidder shall explain in detail all such items.

6. A statement as to whether or not the Bidder or any of its owners, directors, officers or other supervisory personnel, has been convicted or entered a guilty plea (or nolo contendere) in a court of competent jurisdiction within the five (5) years prior to the date of the Bid.

7. Has the Bidder ever failed to complete, defaulted, or been declared to be in default, on any work? If so, identify the project by name, name, address & telephone number of owner and explain any relevant facts or circumstances.

04.2009 4

8. List the most important projects recently completed, stating the contract price, the date completed, the name of the project and the name, address and telephone number of the owner.

9. List the Bidder’s experience on projects of similar size and character to this Project.

(Give name, address, contact person and telephone number, together with a short description of the project.)

10. List the background and experience of the principal members, owners, directors and

officers of Bidder.

11. When and where was the Bidder organized?

12. How long has the Bidder been in business under its present name?

13. List the Bidder’s current work on hand including for each project, (a) contract amount, (b) current percentage complete, (c) scheduled completion date, (d) current anticipated completion date, (e) description of project, (f) name, address and telephone number of owner contact, and (g) current status.

04.2009 5

14. State the Bidder’s total current bonding capacity, amount of total bonding capacity currently unused and the Bidder’s per-job limit. If the Bidder’s bonding capacity is shared with any other entity, describe and explain the arrangement.

15. Provide the Bidder’s bank reference, including bank name, address, bank contact and telephone number. Also state the Bidder’s line of credit and the portion currently in use. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the DeKalb County Board of Education and its agents, employees and representatives in verification of, and in connection with, the statements made in this Bidder’s Qualification Statement. ___________________________________ [Signature] I hereby swear or affirm that the information contained in this Bidder’s Qualification Statement is complete, true and correct and is given for the purpose of inducing the DeKalb County Board of Education to rely upon it when considering the Bid of which it is an integral part. ___________________________________ [Name of Bidder] By:________________________________

[Signature] __________________________________ [Name and Title] Subscribed To And Sworn Before The Undersigned This ____ Day of _________, 20_____. [SEAL] __________________________________ Notary My commission expires: ___/___/___

12.2008

CORPORATE CERTIFICATE (Bids)


I, ________________________________, certify that I am the Secretary of the

corporation named as Contractor in the foregoing bid; that

_____________________________________ who signed said bid in behalf of the Contractor

was then _______________________ of said corporation; that said bid was duly signed for and

in behalf of said corporation by authority of its Board of Directors, and is within the scope of its

corporate powers; and that said corporation is organized under the laws of the State of

____________________.

_____________________________________ [signature] _____________________________________ [typed name] Subscribed and sworn to before me this ___ day of _______________, 20_____. (SEAL) _____________________ Notary Public My Commission Expires: ___/___/___

Entity Certificate 12.2008

ENTITY CERTIFICATE Bids


I, ________________________________, certify that I am the Secretary of the entity

named as Contractor in the foregoing bid; that _____________________________________

who signed said bid in behalf of the Contractor was then _______________________ of said

entity; that said bid was duly signed for and in behalf of said entity by due authority, and is within

the scope of its legal powers; and that said entity is a ________________________ organized

under the laws of the State of ____________________.

_____________________________________ [signature] _____________________________________ [typed name] Subscribed and sworn to before me this ___ day of _______________, 20____. (SEAL) _____________________ Notary Public My Commission Expires: ___/___/___

Entity Certificate 12.2008

12.2008

PARTNERSHIP CERTIFICATE Bid

STATE OF __________________________ COUNTY OF ________________________

On this ____ day of ______________, 20______, personally appeared

_____________________________, who executed the above bid, and being first duly sworn,

deposes and says that he or she is a general partner in the firm of

_____________________________ and that said firm consists of himself or herself and

____________________________________________ and that he or she executed the

foregoing instrument on behalf of said firm for the uses and purposes stated therein, and that no

one except the above named members of the firm have any financial interest whatsoever in said

proposed contract.

____________________________________ [Affiant�s Signature] _________________________________ __________________________________ Partner Partner _________________________________ __________________________________ Partner Partner Subscribed and sworn to before me this ___ day of _______________, 20____. (seal) _______________________ Notary Public My Commission Expires: ___/___/___ NOTE: If only one partner signs, a Power of Attorney executed by all other partners authorizing him or her to act in the name of the partnership must be attached; otherwise, all partners must sign.

Subcontractor Listing (12.2008)

SUBCONTRACTOR LISTING TO: DEKALB COUNTY BOARD OF EDUCATION ITD No. 14-752-029

hereinafter called “Owner”

Pursuant to bidding requirements for the Project known as Fernbank Science Center Greenhouse Project______________________________________________________________________________

the undersigned proposes to use the following subcontractors for principal portions of the Project:

PORTION OF THE WORK

SUBCONTRACTOR NAME CONTACT PERSON

ADDRESS TELEPHONE NUMBER

Use Additional Sheets If Necessary Provide Signature Identical To That BIDDER: _____________________________________ Shown On The Bid Form [typed proper name of Bidder]

By: ______________________________________ [signature]

______________________________________

[name and title]

Division 1. (05.2013) -1-

DIVISION 1 - GENERAL REQUIREMENTS

Pages

00000 Division 1 Table of Contents 1

01010 Summary of Work 2

01027 Applications for Payment 1

01030 Alternates 1

01045 Cutting and Patching 2

01050 Field Engineering 2

01200 Project Meetings 3

01310 Project Schedules 3

01340 Submittals & Substitutions 3

01370 Schedule of Values 1

01410 Testing Laboratory Services 2

01500 Temporary Facilities & Controls 3

01532 Tree Protection 1

01640 Product Handling 1

01700 Project Closeout 3

01710 Cleaning Up 3

01720 Project Record Documents 3

01730 Operations and Maintenance Data 3

01740 Project Maintenance 1

Division 1. (05.2013) -2-

SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included

1. The “Project”, entitled Fernbank Science Center Greenhouse Project, located 156 Heaton Park Drive, NE, Atlanta GA 30307. The Project will be awarded by base bid.

a. Work will consist of the following:

Please refer to Owner’s Criteria and Narrative Scope of Work dated March 13, 2014.

b. New site additions and improvements will consist of:

Please refer to Owner’s Criteria and Narrative Scope of Work dated March 13, 2014.

c, Federal, state and local permits required for the Project have not been obtained. The Owner has not submitted a permit package to the local and state authorities for the following permits: LD and Building. Once the General Contractor has received the NTP; it becomes the GC’s responsibility to pursue and obtain ALL required permits.

d. All rights of way and easements anticipated for the Project have not been obtained and

are not anticipated.

B. Related Work 1. Security

The selection, purchase, delivery, and installation of the security equipment will be by others. This includes all wire, cameras, monitors, racks, equipment, etc. All conduit and boxes inside walls are the responsibility of the General Contractor (GC). The GC is expected to coordinate with the Owner and the Owner’s vendors regarding delivery and installation. Activities related to Security must be included in the GC’s construction schedule.

C. Existing Conditions

1. Fernbank Science Center The facility will maintain regular hours during construction.

D. Commencement, Possession, Scheduling and Completion of Work

1. The Owner’s primary purpose is to educate students. The Project is necessary to meet

the Owner’s obligations. In scheduling its work and in preparing the construction progress schedule, the Contractor shall consult with the Owner and shall attempt to accommodate the needs of the Owner without unduly disrupting the Contractor’s performance of the Work.

2. At all times, the Contractor shall take all reasonable and legal precautions to provide for

the safety of the students and the public. 3 The Master Schedule, produced by the Owner, has been provided in the RFP. This

Master Schedule identifies the start date, Substantial and Final Completion dates, along with other important milestones that the Contractor is to use and abide with when delivering their detailed Preliminary Construction Schedule.

Division 1. (05.2013) -3-

E. Special Requirements

1. As facility shall remain in normal session during the progress of this work, the Contractor must follow special requirements so as to minimize disruption to school activities.

2.

3.

4. Contractor shall schedule as much work activity as is reasonable during days and hours

that facility activities are not taking place.

5. Any questions, clarifications or suggestions by the Contractor shall be discussed at the preconstruction conference.

F. Other Considerations

1. Staging 2. Worker parking 3. Hours of work 4. Days of work 5. Event days 6. Holidays

END OF SECTION

Division 1. (05.2013) -4-

SECTION 01027 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Comply with procedures described in this Section when applying for progress payment and final payment under the Contract.

1.2 QUALITY ASSURANCE

A. Within ten (10) days of the effective date of the Contract, secure the Owner’s approval of the required schedule of values.

B. During progress of the Work, modify the schedule of values as approved by the Owner to

reflect changes in the Contract Price due to Change Orders or other modifications of the Contract.

C. Base requests for payment on the approved schedule of values.

1.3 SUBMITTALS

A. Informal submittal: Unless otherwise directed by the Owner:

1. Make an informal submittal of request for payment by filling in, with erasable pencil, pertinent portions of AIA Document G702, “Application and Certificate for Payment”, plus continuation sheet or sheets.

2. Make this preliminary submittal to the Owner at the last regular job meeting of each

month.

3. Revise the informal submittal of request for payment as agreed at the job meeting, initialing all copies.

B. Formal submittal: Unless otherwise directed by the Owner:

1. Make formal submittal of request for payment by filling in the agreed data, by typewriter

or neat lettering in ink, on AIA Document G702, “Application and Certificate for Payment”, plus continuation sheet or sheets, in triplicate.

2. Sign and notarize, in triplicate, the formal Application and Certificate for Payment.

3. Submit, in triplicate, the original of the formal Application and Certificate for Payment,

plus continuation sheet or sheets, to the Owner.

END OF SECTION

Division 1. (05.2013) -5-

SECTION 01030 ALTERNATES PART 1 - GENERAL 1.1 DETAIL REQUIREMENTS

A. Definitions: Alternates are defined as products, materials, equipment, systems, methods, units of Work or major elements of the construction, which may at the Owner’s option be selected for the Work. Selection may occur prior to the Contract date, or may, by agreement, be deferred for possible selection at a subsequent date.

B. Alternates may or may not change the scope and general character of the Work.

C. Requirements of this section may be related to, but shall not be confused with, requirements

of the contract documents related to Allowances, unit prices, change orders, substitutions and similar terms.

D. Refer to the Contract and subsequent modifications thereto, if any, for determination of

alternates which have been accepted and included in the Contract.

E. Notification: Immediately following the award of Contract, prepare and distribute to Owner, Architect and applicable parties a notification of the status of each Alternate. Indicate that Alternates have been accepted, rejected or deferred for consideration at a later date. Indicate dates within the detailed P6 construction schedule by which Owner must make decisions on deferred Alternates in order not to delay the project.

F. Develop a P6 fragment to show the schedule activities for deferred alternates.

PART 2 - PRODUCTS

NOT APPLICABLE PART 3 - EXECUTION 3.1 SCHEDULE OF ALTERNATES

NOT APPLICABLE

END OF SECTION

Division 1. (05.2013) -6-

SECTION 01045 CUTTING AND PATCHING PART 1 - GENERAL 1.1 RELATED DOCUMENTS

A. The contract documents including, without limitation, other Specification Sections apply to Work of this Section.

1.2 DESCRIPTION

A. Work included: This Section establishes general requirements pertaining to cutting (including excavating), fitting and patching of the Work required to:

1. Make the several parts fit properly;

2. Cutting into existing construction to provide for the installation or performance of other

Work and subsequent fitting and patching required to restore surfaces to their original conditions;

3. Uncover Work to provide for installing, inspecting, or both, of ill-timed Work;

4. Remove and replace Work not conforming to requirements of the contract documents;

5. Remove and replace defective Work;

6. Refer to other Sections, including but not limited to Division 15 (Mechanical) and Division

16 (Electrical) for cutting and patching requirements and limitations applicable to specific portions of the Work.

B. Related Work:

1. In addition to other requirements specified, upon the Architect’s request, uncover Work to

provide for inspection by the Architect of covered Work and remove samples of installed materials for testing.


A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the Work of this Section.

B. Inspection: Before any Work commences, the Owner, Architect and Contractor shall inspect

the existing building site conditions and determine the precise limit of any demolition Work and the Contractor shall be held responsible for any additional damage to the existing conditions and shall repair or replace damaged items at its own expense.

C. Requirements for Structural Work: Do not cut or patch structural Work in a manner that

would result in a reduction of load carrying capacity or of load deflection ratio.

D. Operational and Safety Limitations: Do not cut or patch operational elements or safety related components in a manner that would result in a reduction of their capacity to perform in the manner intended.

E. In the event that, during progress of any demolition Work, the Contractor finds that portions of

the existing building shown to be removed cannot, in fact, be removed without damaging

Division 1. (05.2013) -7-

portions shown to remain, notify the Architect with a Request for Information (RFI) for instructions. In the absence of notification, the Contractor shall repair any damaged portion of the existing building which is shown to remain at the Contractor’s expense as subsequently instructed by the Architect.

F. In removing any portions of the existing building, the Contractor shall adequately brace or

shore the structures while demolition Work is in progress to prevent damage to portions of the structures that are to remain. Material to be removed which is attached directly to the structure to remain shall be carefully removed. Repair all damage caused to the remaining structure resulting from the demolition operations. Wherever new Work abuts existing structures to remain, patch existing Work to provide uniformity of appearance.

1.4 SUBMITTALS

A. Request for Architect’s consent:

1. Prior to cutting which effects structural safety, submit RFI to the Architect for permission to proceed with cutting.

2. Should conditions of the Work, or schedule, indicate a required change of materials or

methods for cutting and patching, submit an RFI to the Architect and secure its written permission and any required Change Order prior to proceeding.

B. Notices to the Architect

1. Prior to cutting and patching of work not addressed in the drawings and specifications

and performed pursuant to the Architect’s instructions, submit written cost estimate to the Architect. Secure the Architect’s written approval of cost estimates and type of reimbursement and any required Change Order before proceeding with cutting and patching.

2. Submit written notice to the Architect designating the time the Work will be uncovered, to

provide for the Architect’s observation. PART 2 - PRODUCTS 2.1 MATERIALS

A. General: Except as otherwise indicated, or as directed by the Architect, use materials for cutting and patching that are identical to existing materials.

END OF SECTION

Division 1. (05.2013) -8-

SECTION 01050 FIELD ENGINEERING PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Provide such field engineering services as are required for proper completion of the Work including, but not necessarily limited to:

1. Establishing and maintaining lines and levels;

2. Structural design of shores, forms and similar items provided by the Contractor as part of

its means and methods of construction.

B. Related Work:

1. Documents affecting Work of this Section include, without limitation, Sections in Division 1 of these Specifications;

2. Additional requirements for field engineering also may be described in other Sections of

these Specifications;

3. The Owner will furnish survey describing the physical characteristics, legal limitations, utility locations, and legal description of the site.


A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the Work of this Section.

1.3 SUBMITTALS

A. Comply with pertinent provisions of Section 01340 – Submittals and Substitutions

B. Upon request of the Architect, submit:

1. Data demonstrating qualifications of persons proposed to be engaged for field engineering services;

2. Documentation verifying accuracy of field engineering Work;

3. Certification, signed by the Contractor’s retained field engineer, certifying that elevations

and locations of improvements are in conformance or nonconformance with requirements of the contract documents.

1.4 PROCEDURES

A. In addition to procedures directed by the Contractor for proper performance of the Contractor’s responsibilities:

1. Locate and protect control points before starting Work on the site; 2. Preserve permanent reference points during progress of the Work; 3. Do not change or relocate reference points or items of the Work without specific written

approval from the Architect.

Division 1. (05.2013) -9-

4. Promptly advise the Architect when a reference point is lost or destroyed, or requires relocation because of other changes in the Work. Upon direction of the Architect, require the field engineer to replace reference stakes or markers. Locate such replacements according to the original survey control.

END OF SECTION

Division 1. (05.2013) -10-

SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: To enable orderly review during progress of the Work, and to provide systematic discussion of problems, the Contractor will conduct project meetings throughout the construction period.


A. For those persons designated by the Contractor to attend and participate in project meetings, provide required authority to commit the Contractor to solutions agreed upon in the project meetings.

1.3 SUBMITTALS

A. Agenda Items: To the maximum extent practicable, advise the Contractor at least twenty-four (24) hours in advance of project meetings regarding items to be added to the agenda.

B. Minutes:

1. The Contractor will compile minutes of each project meeting, and will furnish copies to all

attendees plus those named on the distribution list as determined during the Kickoff Meeting.

2. Recipients of copies may make and distribute such other copies as they wish.

PART 2 - PRODUCTS

(No products are required in this Section) PART 3 - EXECUTION 3.1 MEETING SCHEDULE

A. Except as noted below for Preconstruction Meeting, Project meetings will be held weekly.

B. Coordinate as necessary to establish mutually acceptable schedule for meetings. 3.2 MEETING LOCATION

A. The Architect will establish meeting location. To the maximum extent practical, meetings will be held at the job site.

3.3 PRECONSTRUCTION MEETING

A. Preconstruction Meeting will be scheduled to be held within ten (10) working days after the Owner has issued the Notice to Proceed.

1. Provide attendance by authorized representatives of the Contractor and major

subcontractors.

Division 1. (05.2013) -11-

2. The Architect will advise other interested parties, including the Owner, and invite their attendance.

B. Minimum agenda: Data will be distributed and discussed on at least the following items.

1. Organizational arrangement of Contractor’s forces and personnel, and those of

subcontractors, material suppliers and Architect

2. Channels and procedures for communications

3. Construction schedule, including sequence of critical work 4. Applications for payment process 5. Change order process 6. Use of allowances process

7. Processing of Shop Drawings and other data submitted to the Architect for review 8. Request for Information (RFI) process and authority

9. Rules and regulations governing performance of Work

10. Procedures for safety and first aid, security, quality control, housekeeping and related

matters 11. Review Contract documents

3.4 PROJECT MEETINGS

A. Attendance:

1. To the maximum extent practicable, assign the same person or persons to represent the Contractor at project meetings throughout progress of the Work.

2. Subcontractors, material suppliers, and others may be invited to attend those project

meetings in which their aspect of the Work is involved.

B. Minimum Agenda:

1. Review, revise as necessary and approve minutes of previous meetings 2. Discuss old business – items not resolved during previous meeting 3. Review status of submittals

4. Review outstanding Request for Information items

5. Review outstanding Change Order Requests

2. Review overall project schedule

3. Review three-week look-ahead schedule

4. Discuss new issues and new business items

Division 1. (05.2013) -12-

C. Revisions to minutes:

1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting.

2. Persons challenging published minutes shall reproduce and distribute copies of the

challenge to all indicated recipients of the particular set of minutes.

3. Challenge to minutes shall be settled as priority portion of “old business” at the next regularly scheduled meeting.

END OF SECTION

Division 1. (05.2013) -13-

SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: The Contractor shall prepare and maintain the detailed construction schedules and reports described in this Section and elsewhere in the Contract to assure adequate planning and execution of the Work so that the Work is completed within the number of calendar days allowed in the Contract. The Contractor shall also assist the Architect in appraising the reasonableness of the proposed schedule and in evaluating progress of the Work.

B. Related work:

C. Definitions:

1. “Day,” as used throughout the Contract, unless otherwise stated, means “calendar day.”

2. “Three-week Look Ahead,” snapshot schedule that focuses on the three weeks following

the weekly progress meeting. 1.2 QUALITY ASSURANCE

A. Perform data preparation, analysis, charting, and updating in accordance with standards approved by the Architect.

B. Reliance upon the approved schedule:

1. The construction schedule as approved by the Architect will establish interim completion

dates for the various activities under the Contract.

2. Should any activity not be completed within fifteen (15) days after the stated scheduled date, the Owner shall have the right to require the Contractor to expedite completion of the activity by whatever means the Owner deems appropriate and necessary, without additional compensation to the Contractor.

3. Should any activity be thirty (30) days or more behind schedule, the Owner shall have the

right, but not the duty, to perform the activity or have the activity performed by whatever method the Owner deems appropriate.

4. Costs incurred by the Owner and by the Architect in connection with expediting

construction activity under this Article shall be reimbursed by the Contractor.

5. It is expressly understood and agreed that failure by the Owner to exercise the option either to order the Contractor to expedite an activity or to expedite the activity by other means shall not be considered to set a precedent for any other activities.

1.3 SUBMITTALS

A. Comply with pertinent provisions of Section 01340 – Submittals and Substitutions.

B. Preliminary analysis: Within ten (10) calendar days after the Contractor has received the Owner’s Notice to Proceed, submit two (2) prints of a preliminary construction schedule prepared in accordance with Part 3 of this Section.

Division 1. (05.2013) -14-

C. Construction schedule: Within thirty (30) calendar days of receiving the Notice to Proceed

(NTP) for major projects and fifteen (15) calendar days of receiving the NTP for minor projects, submit two (2) prints of a construction schedule prepared in accordance with Part 3 of this Section.

D. Periodic reports: Submit an updated schedule every month with the Contractor’s final

monthly application for payment. E. Weekly reports: Submit a Three-week Look Ahead Schedule at each weekly project

progress meeting. PART 2 - PRODUCTS 2.1 CONSTRUCTION ANALYSIS

A. Graphically indicate the order and interdependence of all activities necessary to complete the Work, and the sequence in which each activity is to be accomplished, as planned by the Contractor and his project field superintendent in coordination with all contractors, owners, and subcontractors whose work is shown on the diagram.

B. Include, without limitation, the following activities:

1. Project mobilization 2. Submittal and approval of major/ significant Shop Drawings and Samples 3. All major elements and subdivisions of the Work 4. Procurement of equipment and critical materials 5. Fabrication of special material and equipment, and its installation and testing. 6. Substantial completion 7. Final cleanup 8. Final inspecting and testing 9. Final Completion 10. All phasing of the work 11. FF&E by Owner 12. Technology/ IT by Owner 13. Security by Owner 14. Major school events 15. All activities required of the Architect, Owner, or both, that affect progress, required

dates for completion, or both, for all and each part of the Work.

PART 3 - EXECUTION 3.1 FORMAT

A. Unless otherwise provided in the contract documents, the construction schedule for all projects with a General Contractor contract over $1 million shall be presented in Primavera P6, Critical Path Schedule. Projects with a General Contractors contract under $1 million can be submitted as a preliminary P6 critical path, bar chart, or computer print-out or combination thereof at Contractor’s discretion, subject to Architect’s approval.

3.2 PRELIMINARY ANALYSIS

A. Contents:

Division 1. (05.2013) -15-

1. Show all activities of the Contractor under this Work for the period between receipt of Notice to Proceed and submittal of construction schedule required under Paragraph 1.3-C above;

2. Show the Contractor’s general approach to remainder of the Work;

3. Show cost of all activities scheduled for performance before submittal and approval of the

construction schedule.

B. Submit in accordance with Paragraph 1.3-B above. 3.3 CONSTRUCTION SCHEDULE

A. As soon as practicable after receipt of Notice to Proceed, complete the construction analysis in preliminary form, meet with the Architect, review contents of the proposed construction schedule, and make all revisions agreed upon.

B. Submit in accordance with Paragraph 1.3-C above.

3.4 PERIOD REPORTS

A. As required under Paragraph 1.3-D above, update the approved construction schedule.

1. Indicate “actual” progress in percent completion for each activity;

2. Provide written narrative summary of revisions causing delay in the program and an explanation of corrective actions taken or proposed.

3.5 REVISIONS

A. Make only those revisions to approved construction schedule as are approved in advance by the Architect.

END OF SECTION

Division 1. (05.2013) -16-

SECTION 01340 SUBMITTALS AND SUBSTITUTIONS PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Make submittal required by the contract documents, and revise and resubmit as necessary to establish compliance with the specified requirements. General Contractor shall review the Submittal Schedule attached to this specifications section within twenty-one (21) days of receipt of “Notice to Proceed” and provide actual submittal dates for each item.

B. Related Work:

1. Individual requirements for submittal also may be described in pertinent Sections of these

Specifications.

C. Work not included:

1. Unrequired submittal will not be reviewed by the Architect.

2. The Contractor may require its Subcontractors to provide drawings, setting diagrams and similar information to help coordinate the Work, but such data shall remain between the Contractor and its Subcontractors and will not be reviewed by the Architect.


A. Coordination of submittal:

1. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted.

2. Verify that each item and the submittal for it conforms in all respects with the specified

requirements.

3. By affixing the Contractor’s signature to each submittal, certify that this coordination has been performed.

B. Substitutions:

1. The Contract is based on the standards of quality established in the contract documents.

Substitutions will be considered only as set forth in the contract documents.

2. The following products do not require further approval except for interface within the Work:

a. Products specified by reference to standard specifications such as ASTM and similar

standards.

b. Products specified by manufacturer’s name and catalog model number.

Division 1. (05.2013) -17-

C. “Or Equal”:

1. Where the phrase “or equal” or “or equal as approved by the Architect” occurs in the contract documents, do not assume that the materials, equipment or methods will be approved as equal unless the item has been specifically so approved for this Work by the Architect.

2. The decision of the Architect shall be final.

1.3 SUBMITTAL

A. Make submittal of Shop Drawings, Samples, Substitution requests, and other items in accordance with the provisions of this Section.

PART 2 - PRODUCTS 2.1 SHOP DRAWINGS

A. Scale and measurements: Make Shop Drawings accurately to the scale sufficiently large to show all pertinent aspects of the time and its method of connection to the Work.

B. Types of prints required:

1. For contracts with GC contracts of less than $1 million, submit Shop Drawings in the form

of one (1) sepia transparency of each sheet plus three (3) blueline or blackline prints of each sheet.

2. The Architect will post their shop drawings into PCM. 3. Blueprints will not be accepted.

4. For GC contracts exceeding $1 million, the Contractor will submit all shop drawings and

product data directly into PCM, where they are processed by the Architect.

C. Review comments of the Architect will be shown on the sepia transparency when it is returned to the Contractor. The Contractor may make and distribute such copies as are required for its purposes. If the submittals are in PCM, they will be processed within PCM and the Contractor can print copies as they feel appropriate.

2.2 MANUFACTURER’S LITERATURE

A. Where contents of submitted literature from manufacturers include data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review.

B. Submit the number of copies which are required to be returned, plus one (1) copy which will

be retained by the Architect. 2.3 SAMPLES

A. Provide Sample or Samples identical to the precise article proposed to be provided. Identify as described under “Identification of Submittal” below.

B. Number of Samples required:

1. Unless otherwise specified, submit Samples in the quantity which is required to be

returned, plus one (1) which will be retained by the Architect.

Division 1. (05.2013) -18-

2. By prearrangement in specified cases, a single Sample may be submitted for review and, when approved, be installed in the Work at a location agreed upon by the Architect.

2.4 COLORS AND PATTERNS

A. Unless the precise color and pattern is specifically called out in the contract documents, and whenever a choice of color or pattern is available in the specified products, submit accurate color and pattern charts to the Architect for selection.

PART 3 - EXECUTION 3.1 IDENTIFICATION OF SUBMITTAL

A. Consecutively number all submittals.

1. When material is resubmitted for any reason, transmit under a new letter of transmittal and with a new transmittal number.

2. On resubmittals, cite the original submittal number for reference.

B. Accompany each submittal with a letter of transmittal showing all information required for

identification and checking.

C. On at least the first page of each submittal, and elsewhere as required for positive identification, show the submittal number in which the item was included.

D. The Architect will maintain an accurate submittal log for the duration of the Work, showing

current status of all submittals at all times. The submittal log will be available to for review upon request.

3.2 GROUPING OF SUBMITTAL

A. Unless otherwise specified, make submittal in group containing all associated items to assure that information is available for checking each item when it is received.

1. Make revisions required by the Architect.

2. If the Contractor considers any required revision to be a change, it shall so notify the

Architect as provided for in the contract documents.

3. Make only those revisions directed or approved by the Architect.

B. Reimbursement of Architect’s Costs:

1. In the event substitutions are proposed to the Architect after the Contract has been awarded, the Architect will record all time used by it and by its consultants in evaluation of each such proposed substitution.

2. Whether or not the Architect approves a proposed substitution, the Contractor promptly

upon receipt of the Architects billing, shall reimburse the Architect at the rate of two and one half times the direct labor cost to the Architect and its consultants for all time spent by them in evaluation of the proposed substitution.

3.3 SUBMITTALS INTO PCM

A. For GC contracts of less than $1 million, the GC will submit shop drawings and product data as listed above.

Division 1. (05.2013) -19-

B. For GC contracts greater than $1 million, the GC will submit shop drawings and product data

directly into PCM through the use of the Owner provided PCM license (no cost to the Contractor for the use of the license)..

END OF SECTION

Division 1. (05.2013) -20-

SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Provide a detailed breakdown of the agreed Contract Price showing values allocated to each of the various parts of the Work, as specified herein and in other provisions of the contract documents.

B. Related work:

1. Schedule of Values shall be consistent with the “continuation sheet” accompanying

applications for payment. 1.2 QUALITY ASSURANCE

A. Use required means to assure arithmetical accuracy of the sums described.

B. When so required by the Architect, provide copies of Subcontracts or other data acceptable to the Architect, substantiating the sums described.

1.3 SUBMITTALS

A. Within ten (10) calendar days of receiving the Notice to Proceed (NTP), submit a proposed Schedule of Values to the Architect,

1. Meet with the Architect and determine additional data, if any, required to be submitted,

2. Submit any additional data required, and,

3. Secure the Architect’s approval and the Owner’s acknowledgment of the Schedule of

Values. END OF SECTION

Division 1. (05.2013) -21-

SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Provide testing and inspecting, complete, described in this Section and elsewhere in the contract documents.

B. Related work:

1. Requirements for testing may be described in various Sections of these Specifications.


A. A testing laboratory selected by the Owner shall provide these services outlined in Section 01410, Item 3.3. The Contractor shall provide any other required tests from a testing laboratory approved by the Owner.

B. Upon completion of each test or inspection, the Testing Laboratory will promptly distribute

copies of test or inspection reports to the Contractor, Architect, Owner and governmental agencies requiring submission of such reports, and to such other persons as directed by the Architect.

C. Testing laboratories will post all test results into PCM directly with the distribution set at the

kickoff meetings. PART 2 - PRODUCTS 2.1 PAYMENT FOR TESTING

A. The Owner will pay for the services of an Independent Testing Laboratory to perform inspections, test and other services for the categories of work outlined in Section 01410, Item 3.3. The Contractor will be responsible for paying the cost of retesting if the initial tests reveal nonconformance with specified requirements. In the event the Contractor is not ready for a test after the Independent Testing Laboratory has been properly notified by Contractor, the Contractor will bear all costs associated with rescheduling the testing. The Contractor shall pay for all required testing not outlined in Section 01410, Item 3.3.

2.2 SPECIFIC TESTS AND INSPECTIONS

A. The third-party testing agency will provide all tests and inspections required by governmental agencies having jurisdiction, required by provisions of the contract documents, and such other tests and inspections as are directed by the Architect.

B. Governmental agency tests and inspections include, but are not necessarily limited to, the

preparation of plans, notices, and storm water quality sampling required by the State of Georgia E.P.D. in conjunction with NPDES Permits.

C. See Schedule of Tests below:

To be Determined

PART 3 - EXECUTION 3.1 TAKING SPECIMENS

Division 1. (05.2013) -22-

A. Except as may be specifically otherwise approved by the Architect, have the testing laboratory secure and handle all samples and specimens for testing.

3.2 COOPERATION WITH TESTING LABORATORY

A. Provide access to the Work at all times and at all locations where the Work is in progress. Provide facilities for such access to enable the laboratory to perform its functions properly.

3.3 OWNER PROVIDED INSPECTING AND TESTING

A. As noted above, the Owner will provide and pay for inspection and testing services related to the following:

1. Division 02 – Site Work; Inspections of general excavations, trench and foundation

excavations, filling and proof-rolling; including monitoring of unsuitable soils and rock. Testing for foundation/trench test borings or compaction, placed fill compaction, and soil moisture content.

B. In the event of a conflict between this Section 01410, Item 3.3.A and other specification

sections, this section shall govern.

END OF SECTION

Division 1. (05.2013) -23-

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to:

1. Temporary utilities such as heat, water, electricity and telephone

2. Field office for the Contractor’s personnel, one office within the Contractor’s field trailer

for DCSD and Architect personnel

3. Sanitary facilities

4. Temporary barriers of the construction site

5. Project sign

B. Related Work:

1. Except that equipment furnished by Subcontractors shall comply with requirements of pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section.

1.2 PRODUCT HANDLING

A. Maintain temporary facilities and controls in proper and safe conditions throughout progress of the Work.

PART 2 - PRODUCTS 2.1 UTILITIES

A. General: The Contractor shall provide water and electrical power utility service required by the Work.

B. Water:

1. Provide necessary temporary piping and water supply and, upon completion of the Work,

remove such temporary facilities.

C. Electricity:

1. Provide necessary temporary wiring and, upon completion of the Work, remove such temporary facility.

2. Provide area distribution boxes so located that the individual trades may furnish and use

100 ft. maximum length extension cords to obtain power and lighting at points where needed for Work, inspection and safety.

D. Telephone:

1. Make necessary arrangements and pay costs for installation and operation of telephone

service to the Contractor’s office at the site.

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2. Make the telephone available to the Architect for use in connection with the Work.

2.2 FIELD OFFICES AND SHEDS

A. Contractor’s facilities:

1. Provide a field office building and sheds adequate in size and accommodation for Contractor’s offices, supply and storage.

2. Within the Contractor’s facilities, provide enclosed space adequate for holding project

meetings. Furnish with table, chairs and utilities.

3. Provide one (1) office within the field office for exclusive use by the Architect and DCSD personnel. The office is to include at a minimum a desk, chair, filing cabinet, book shelf, and visitor’s chair. Furniture to be of similar quality to the other office furniture.

B. Sanitary facilities:

1. Provide temporary sanitary facilities in the quality required for use by all personnel.

2. Maintain in a sanitary condition at all times.

2.3 ENCLOSURES

A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations.

2.4 TEMPORARY BARRIERS

A. Provide and maintain for the duration of construction a temporary barrier as required, of design and type needed to prevent entry onto the Work by the public. Install and maintain thereon “Hazardous Area” signs sufficient to warn the public.

2.5 PROJECT SIGNS

A. Prior to start of construction, submit proposed Project sign layout to the Architect for approval.

1. Mount at job site where directed by Architect.

B. Except as otherwise specifically approved by the Architect, do not permit other signs or

advertising on the job site. 2.6 TRANSPORTATION FACILITIES

A. Truck and equipment access:

1. To avoid traffic conflict with vehicles of the Owner’s employees, and to avoid overloading of streets and driveways elsewhere on the Owner’s property, limit the access of trucks and equipment to the ACCESS ROUTE as directed by the Architect.

2. Provide adequate protection for curbs and sidewalks over which trucks and equipment

pass to reach the job site.

Division 1. (05.2013) -25-

B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or as directed by the Architect.

PART 3 - EXECUTION 3.1 SECURITY

A. Restrict the access of all persons entering upon the Owner’s property in connection with the Work to the Access Route and to the actual site of the Work. The Contractor is responsible for providing adequate security to the building and its contents during the construction period. When school is in session and the Contractor is on the premises, the Owner and Contractor will be jointly responsible for security of the building. When the Contractor is on the premises after school hours and no owner’s representative is on the premises, the Contractor will be fully responsible for security.

END OF SECTION

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SECTION 01532 TREE PROTECTION 1.1 WORK INCLUDED

A. Protection of trees indicated to remain is essential to the Project. Protection of existing trees and plants from damage, including tree root systems, as a result of the Contractor’s operations shall include, but not be limited to:

1. Protection of existing natural woodlands, including understory.

2. Marking of clearing limits.

3. Tree protection fencing.

4. Tree preservation area signage.

1.2 RELATED REQUIREMENTS

A. Contract documents shall include all necessary plans and information to show Contractor all areas which constitute the Tree Preservation area. It is the Architect’s responsibility to insure that these documents have been approved by all necessary approving officials.

END OF SECTION

Division 1. (05.2013) -27-

SECTION 01640 PRODUCT HANDLING PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Protect products scheduled for use in the Work by means including, without limitation, those described in this Section.

B. Related Work:

1. Additional procedures also may be prescribed in other Sections of these Specifications. 2. Products may have specific manufacturer’s recommendations for handling.


A. Include within the Contractor’s quality assurance program such procedures as are required to assure full protection of Work and materials.

1.3 MANUFACTURERS’ RECOMMENDATIONS

A. Except as otherwise approved by the Architect, determine and comply with manufacturers’ recommendations in product handling, storage and protection.

1.4 PACKAGING

A. Deliver products to the job site in their manufacturer’s original container, with labels intact and legible.

1. Maintain packaged materials with seals unbroken and labels intact until time of use.

2. Promptly remove damaged material and unsuitable items from the job site, and promptly

replace with material meeting the specified requirements, at no additional cost to the Owner. The Architect may reject as noncomplying such material and products that do not bear identification satisfactory to the Architect as to manufacturer, grade, quality and other pertinent information.

1.5 PROTECTION

A. Protect finished surfaces, including jamb and soffits of openings used as passageways, through which equipment and materials are handled.

B. Provide protection for finished floor surfaces in traffic areas prior to allowing equipment or

materials to be moved over such surfaces.

C. Maintain finished surfaces clean, unmarred and suitably protected until accepted by the Owner.

1.6 REPAIRS AND REPLACEMENTS

A. In event of damage, promptly make replacements and repairs to the approval of the Architect and at no additional cost to the Owner.

B. Additional time required to secure replacements and to make repairs shall not justify an

extension to the Contract Time. END OF SECTION

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SECTION 01700 PROJECT CLOSEOUT PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Provide an orderly and efficient transfer of the completed Work to the Owner. 1.2 QUALITY ASSURANCE

A. Prior to requesting inspection by the Architect, use adequate means to assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection.

1.3 PROCEDURES

A. Substantial Completion:

1. Prepare and submit the list required by Paragraph 6.8 of the Contract.

2. Within a reasonable time after receipt of the list, the Architect will inspect to determine status of completion.

3. Should the Architect determine that the Work is not substantially complete:

a. The Architect promptly will so notify the Contractor, in writing, giving the reason

therefor.

b. Remedy the deficiencies and notify the Architect when ready for reinspection.

c. The Architect will reinspect the Work.

4. Reimbursement of Architect, Owner, and Program Manager’s additional costs:

a. In the event reinspection(s) are required by the Architect, Owner, and Program Manager due to the failure of the Contractor to have achieved Substantial Completion as represented by the Contractor, the Architect, Owner, and Program Manager will record all time used by it and its Consultants in making required reinspections.

b. The Contractor shall promptly reimburse the Architect, Owner, and Program Manager

at the rate of two and one half times the direct cost for all time spent making the required reinspection(s).

5. When the Architect concurs that the Work is substantially complete:

a. The Architect will prepare a “Certificate of Substantial Completion” on AIA Form

G704, accompanied by the Contractor’s list of items to be completed or corrected, as verified by the Architect.

b. The Architect will submit the Certificate to the Owner and to the Contractor for their

written acceptance of the responsibilities assigned to them in the Certificate.

B. Instruction

1. Instruct the Owner’s personnel in proper operation and maintenance of systems,

Division 1. (05.2013) -29-

equipment and similar items which were provided as part of the Work. C. Final Completion:

1. Prepare and submit the notice required by Paragraph 6.10 of the Contract.

2. Verify that the Work is complete including, but not necessarily limited to, all items

mentioned in the Contract.

3. Certify that:

a. Contract documents have been reviewed;

b. Work has been inspected for compliance with the contract documents;

c. Work has been completed in accordance with the contract documents;

d. Equipment and systems have been tested, as required, and are operational;

e. Work is completed and ready for final inspection.

4. The Architect will make an inspection to verify status of completion.

5. Should the Architect determine that the Work is incomplete or defective:

a. The Architect promptly will so notify the Contractor, in writing, listing the incomplete or defective work.

b. Complete the Work, remedy the deficiencies promptly, and notify the Architect when

ready for reinspection.

6. Reimbursement of Architect, Owner, and Program Manager’s additional costs:

a. In the event reinspections are required by the Architect, Owner, and Program Manager due to the failure of the Contractor to achieve final completion as represented, the Architect, Owner, and Program Manager will record all time used by it and by its consultants in making required reinspections.

b. The Contractor shall promptly reimburse the Architect, Owner, and Program Manager

at the rate of two and one half times the direct cost for all time spent making the required reinspections.

7. When the Architect determines that the Work is acceptable under the contract

documents, it will request the Contractor to furnish closeout submittals.

D. Closeout submittals include, without limitation:

1. Project Record Documents described in Section 01720;

2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by the Architect;

3. Warranties and bonds;

4. Keys and keying schedule;

Division 1. (05.2013) -30-

5. Spare parts and materials extra stock;

6. Evidence of compliance with requirements of governmental agencies having jurisdiction including, without limitation:

7. Certificates of Insurance for products and completed operations;

8. Evidence of payment and release of claims;

9. List of Subcontractors, service organizations, and principal vendors, including names,

addresses and telephone numbers where they can be reached for emergency service at all times including nights, weekends and holidays.

E. Final adjustment of accounts:

1. Submit a final statement of accounting to the Architect, showing all adjustments to the

Contract Sum.

2. The Architect will prepare a final Change Order showing adjustments to the Contract Price (even if this is a no cost C.O.) which were not made previously by Change Orders.

END OF SECTION

Division 1. (05.2013) -31-

SECTION 01710 CLEANING-UP PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: Throughout the construction period, maintain buildings and site in a standard of cleanliness as described in this Section.

B. Related work:

1. In addition to standards described in this Section, comply with requirements for cleaning

as described in pertinent other Sections of these Specifications. 1.2 QUALITY ASSURANCE

A. Conduct daily inspections, and more often if necessary, to verify that requirements for cleanliness are being met.

B. In addition to the standards described in this Section, comply with pertinent requirements of

governmental agencies having jurisdiction. PART 2 - PRODUCTS 2.1 CLEANING MATERIALS AND EQUIPMENT

A. Provide required personnel, equipment and materials needed to maintain the specified standard of cleanliness.

2.2 COMPATIBILITY

A. Use only the cleaning materials and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material.

PART 3 - EXECUTION 3.1 PROGRESS CLEANING

A. General:

1. Retain stored items in an orderly arrangement allowing maximum access, not impeding traffic or drainage, and providing required protection of materials.

2. Do not allow accumulation of scrap, debris, waste material and other items not required

for construction of the Work.

3. At least twice each month, and more often if necessary, completely remove all scrap, debris and waste material from the job site. Under no circumstances shall construction debris of any kind be burned or left on site at project completion.

4. Provide adequate storage for all items awaiting removal from the job site, observing

requirements for fire protection of the ecology.

Division 1. (05.2013) -32-

B. Site:

1. Daily, and more often if necessary, inspect the site and pick up all scrap, debris and waste material. Remove such items to the place designated for their storage.

2. Weekly, and more often if necessary, inspect all arrangements of materials stored on the

site. Restack, tidy or otherwise service arrangements to meet the requirements of subparagraph 3.1-A-1 above.

3. Maintain the site in a neat and orderly condition at all times.

C. Structures:

1. Daily, and more often if necessary, inspect the structures and pick up all scrap, debris

and waste material. Remove such items to the place designated for their storage.

2. Daily, and more often if necessary, sweep spaces clean.

a. “Clean”, for the purpose of this subparagraph, shall be interpreted as meaning free from dust and other material capable of being removed by use of reasonable effort and hand-held broom.

3. As required preparatory to installation of succeeding materials, clean the structures or

pertinent portions thereof to the degree of cleanliness recommended by the manufacturer of the succeeding material, using equipment and materials required to achieve the necessary cleanliness.

4. Following the installation of finish floor materials, clean the finish floor daily (and more

often if necessary) at all times while work is being performed in the space in which finish materials are installed.

a. “Clean”, for the purposes of this subparagraph, shall be interpreted as meaning free

from foreign material which, in the opinion of the Architect, may be injurious to the finish floor material.

3.2 FINAL CLEANING

A. “Clean”, for the purpose of this Article, and except as may be specifically provided otherwise, shall be interpreted as meaning the level of cleanliness generally provided by skilled cleaners using commercial quality building maintenance equipment and materials.

B. Prior to completion of the Work, remove from the job site all tools, surplus materials,

equipment, scrap, debris and waste. Conduct final progress cleaning as described in Article 3.1 above.

C. Site:

1. Unless otherwise specifically directed by the Architect, broom clean paved areas on the

site and public paved areas adjacent to the site.

2. Completely remove resultant debris.

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D. Structures:

1. Exterior:

a. Visually inspect exterior surfaces and remove all traces of soil, waste materials, smudges and other foreign matter.

b. Remove all traces of splashed materials from accent surfaces.

c. If necessary to achieve a uniform degree of cleanliness, hose down the exterior of

the structures.

d. In the event of stubborn stains not removable with water, the Architect may require light sandblasting or other cleaning at no additional cost to the Owner.

2. Interior:

a. Visually inspect interior surfaces and remove all traces of soil, waste materials,

smudges and other foreign matter.

b. Remove all traces of splashed material from adjacent surfaces.

c. Remove paint droppings, spots, stains and dirt from finished surfaces.

3. Glass: Clean inside and outside by professional glass cleaners. All dirt smudges, labels, adhesives, paint, etc. are to be completely removed.

4. Polished surfaces: To surfaces requiring routine or buffed polish, apply the polish

recommended by the manufacturer of the material being polished.

E. Schedule final cleaning as approved by the Architect to enable the Owner to accept a completely clean Work.

3.3 CLEANING DURING OWNER’S OCCUPANCY

A. Should the Owner occupy the Work or any portion thereof prior to its scheduled completion by the Contractor and acceptance by the Owner, the Contractor is responsible to perform cleaning per 3.2 above prior to occupancy. After that, the Contractor will be responsible for cleaning all construction related debris, dirt smudges, etc. The Owner will be responsible for ongoing cleaning of the occupied areas that are typical of an occupied space.

END OF SECTION

Division 1. (05.2013) -34-

SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included:

1. Throughout progress of Work, maintain an accurate record of changes in the contract documents, as described in Article 3.1 below.

2. Upon completion of the Work, transfer the recorded changes to a set of Record

Documents, as described in Article 3.2 below.

B. Related work:

1. Other requirements affecting Project Records may appear in pertinent other Sections of these Specifications.


A. Delegate the responsibility of maintenance of Record Documents to one person on the Contractor’s staff as approved by the Architect.

B. Accuracy of Records:

1. Thoroughly coordinate changes within the Record Documents, making adequate and

proper entries on each page of Specifications and each sheet of drawings and other documents where such entry is required to show the change properly.

2. Accuracy of records shall be such that future search for items shown in the contract

documents may rely on information obtained from the approved Project Record Documents.

C. Make entries within 24 hours after changes have occurred.

1.3 SUBMITTALS

A. Comply with pertinent provisions of Section 01340.

B. The Architect’s approval of the current status of Project Record Documents may, at the sole option of the Owner or the Architect, be a prerequisite to the Architect’s approval of requests for progress payment and request for final payment under the Contract.

C. Prior to submitting each request for progress payment, secure the Architect’s approval of the

current status of the Project Record Documents.

D. Prior to submitting request for final payments, submit the final project Record Documents to the Architect and secure its approval.

Division 1. (05.2013) -35-

1.4 PRODUCT HANDLING

A. Maintain the job site and Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents.

B. In the event of loss of recorded data, use means necessary to again secure the data to the

Architect’s approval.

1. Such means shall include, if necessary in the opinion of the Architect, removal and replacement of concealing materials.

2. In such case, provide replacements to the standards originally required by the contract

documents. PART 2 - PRODUCTS 2.1 RECORD DOCUMENTS

A. Job Set: Promptly following receipt of the Owner’s Notice to Proceed, secure from the Architect at no charge to the Contractor one complete set of all documents comprising the Contract.

B. Final Record Documents: At a time nearing the completion of the Work, secure from the

Architect at no charge to the Contractor one complete set of sepia transparencies of all Drawings in the Contract.

PART 3 - EXECUTION 3.1 MAINTENANCE OF JOB SET

A. Immediately upon receipt of the Job Set described in Paragraph 2.1-A above, identify each of the documents with the title, “RECORD DOCUMENTS - JOB SET.”

B. Preservation:

1. Considering the Contract completion time, the probable number of occasions upon which

the Job Set must be taken out for new entries and for examination, and conditions under which these activities will be performed, devise a suitable method for protecting the Job Set to the Architect.

2. Do not use the Job Set for any purpose except entry of new data and for review by the

Architect, until start of transfer of data to final Project Record Documents.

3. Maintain the Job Set at the site of Work as the site is designated by the Architect.

C. Making entries on Drawings:

1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the changes by graphic line and note as required.

2. Date all entries.

3. Call attention to the entry by a “cloud” drawn around the area or areas affected.

4. In the event of overlapping changes, use different colors for the overlapping changes.

Division 1. (05.2013) -36-

D. Make entries in the pertinent other documents as approved by the Architect.

E. Conversion of schematic layouts:

1. In some cases on the drawings, arrangements of conduits, circuits, piping, ducts and similar items are shown schematically and are not intended to portray physical layout.

a. Final physical arrangement is determined by the Contractor, subject to the Architect’s

approval.

b. However, design of future modifications of the facilities may require accurate information as to the final physical layout of items which are shown only schematically on the drawings.

2. Show on the Job Set of Record Drawings, by dimension accurate to within one (1) inch,

the centerline of each run of items such as are described in subparagraph 3.1-E-1 above.

a. Clearly identify the item by accurate note such as “cast iron drain”, “galv. Water” and the like.

b. Show, by symbol or note, the vertical location of the item (“under slab”, “in ceiling

plenum”, “exposed” and the like.)

c. Make all identification sufficiently descriptive that it may be related reliably to the Specifications.

3.2 FINAL PROJECT RECORD DOCUMENTS

A. The purpose of the final Project Record Documents is to provide factual information regarding all aspects of the Work, both concealed and visible, and to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination.

B. Approval of recorded data prior to transfer:

1. Following receipt of the transparencies described in Paragraph 2.1-B above, and prior to

start of transfer of recorded data thereto, secure the Architect’s approval of all recorded data.

2. Make required revisions.

C. Transfer of data to drawing:

1. Carefully transfer change data shown on the Job Set of record drawings to the

corresponding transparencies, coordinating the changes as required.

2. Clearly indicate at each affected detail and other drawings a full description of changes made during construction and the actual location of items described in subparagraph 3.1-E-1 above.

3. Call attention to each entry by drawing a “cloud” around the area or areas affected.

END OF SECTION

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SECTION 01730 OPERATIONS AND MAINTENANCE DATA PART 1 - GENERAL 1.1 DESCRIPTION

A. Work included: To aid the continued instruction of operating and maintenance personnel, and to provide a positive source of information regarding the products incorporated into the Work, furnish and deliver the data described in this Section and in pertinent other Sections of these Specifications.

B. Related work:

1. Required Contents of submittals also may be amplified in pertinent other Sections of

these Specifications. 1.2 QUALITY ASSURANCE

A. In preparing data required by this Section, use only personnel who are thoroughly trained and experienced in operation and maintenance of the described items, completely familiar with the requirements of this Section, and skilled in technical writing to the extent needed for communicating the essential data.

1.3 SUBMITTALS

A. Comply with pertinent provisions of Section 01340.

B. Submit preliminary drafts of the proposed Manuals to the Architect for review and comments.

C. Unless otherwise directed in other Sections, or in writing by the Architect, submit three (3) copies of the final Manual to the Architect prior to indoctrination of operation and maintenance personnel.

PART 2 - PRODUCTS 2.1 INSTRUCTION MANUALS

A. Where Instruction Manuals are required to be submitted under other Sections of these Specifications, prepare in accordance with the provisions of this Section.

B. Format:

1. Size: 8-1/2 x 11".

2. Paper: White bond, at least 20 lbs. weight.

3. Text: Neatly typewritten or printed.

4. Drawings: 11" in height preferable; bind in with text; foldout acceptable; larger drawings

acceptable, but fold to fit within the Manual and provide a drawing pocket inside rear cover or bind in with text.

5. Flysheets: Separate each portion of the Manual with neatly prepared flysheets briefly

describing contents of the ensuing portion; flysheets may be in color.

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6. Binding: Use heavy-duty plastic or fiberboard covers with binding mechanism concealed inside the Manual; 3-ring binders will be acceptable; all binding is subject to the Architect’s approval.

7. Measurements: Provide all measurements in U.S. standard units such as feet and

inches, lbs. and cfm.

C. Provide front and back covers for each Manual using durable material approved by the Architect and clearly identifiable on or through the cover with at least the following information:

OPERATING AND MAINTENANCE INSTRUCTIONS

Name and Address of Work Name of Contractor

General Subject of this Manual

Space for Approval Signature of the Architect and Approval Date

D. Contents: Include at least the following:

1. Neatly typewritten index near the front of the Manual, giving immediate information as to

location within the Manual of all emergency information regarding the installation. 2. Complete listing of all contractors, subcontractors, vendors, and manufacturers and full

contact information for each.

3. Complete instructions regarding operation and maintenance of all equipment involved including lubrication, disassembly and reassembly.

4. Complete nomenclature of all parts of all equipment.

5. Complete nomenclature and part number of all replaceable parts, name and address of

nearest vendor and all other data pertinent to procurement procedures.

6. Copy of all guarantees and warranties issued.

7. Manufacturers’ bulletins, cuts and descriptive data, where pertinent, clearly indicating the precise items included in this installation and deleting, or otherwise clearly indicating, all manufacturers’ data with which this installation is not concerned.

8. Such other data as required in pertinent Sections of these Specifications.

PART 3 - EXECUTION 3.1 INSTRUCTION MANUALS

A. Preliminary:

1. Prepare a preliminary draft of each proposed Manual.

2. Show general arrangement, nature of contents in each portion, probable number of drawings and their size and proposed method of binding and covering.

3. Secure the Architect’s approval prior to proceeding.

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B. Final: 1. Complete the Manuals in strict accordance with the approved preliminary drafts and the

Architect’s review comments.

2. Provide three (3) complete sets of final Manuals.

3. Provide one (1) complete electronic copy of the Manuals.

C. Revisions:

1. Following the indoctrination and instruction of operation and maintenance personnel, review all proposed revisions of the Manual with the Architect, effect all approved revisions and submit to Architect.

END OF SECTION

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SECTION 01740 PROJECT MAINTENANCE PART 1 - GENERAL 1.1 PROJECT MAINTENANCE

A. Maintain and keep in good repair the improvements covered by these drawings and Specifications during the life of the Contract.

B. In the event of multiple failures of major consequences prior to the expiration of one year

following final completion of the Project, the affected unit shall be disassembled, inspected and modified or replaced as necessary to prevent further occurrences. All related components which may have been damaged or rendered non-serviceable as a consequence of the failure shall be replaced. A new 12-month specific guaranty against defective or deficient design, workmanship and materials of such items shall commence on the day that the item is reassembled and placed back into operation. As used herein, multiple failures shall be interpreted to mean two or more successive failures of the same kind in the same item or failures of the same kind in two or more items. Major consequences may include, but are not limited to, cracked or broken piping or vessels, excessive wear or excessive leakage. Should multiple failures occur, all products of the same size and type shall be disassembled, inspected, modified or replaced, as necessary and reguaranteed for one (1) year. Nothing contained in this paragraph shall be construed to delete, diminish or lessen the separate duties of the Contractor set forth elsewhere in the Contract, it being understood that the provisions of this paragraph are in addition thereto.

C. The Contractor shall, at his own expense, furnish all labor, materials, tools and equipment

required and shall make such repairs and removals or shall perform such work or reconstruction as may be made necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty materials, in any part of the Work performed by it. Such repair shall also include refilling of trenches, excavations or embankments which show settlement or erosion after backfilling or placement.

D. Except as noted on the drawings or as specified, all structures such as embankments and

fences shall be returned to their original condition prior to the completion of the Contract. Any and all damage to any facility not designated for removal, resulting from the Contractor’s operations, shall be promptly repaired by the Contractor at no cost to the Owner.

E. The Contractor shall be responsible for all road and entrance reconstruction and repairs and

maintenance of same for a period of one (1) year from the date of final acceptance. In the event the repairs and maintenance are not made immediately and it becomes necessary for the Owner of the road to make such repairs, the Contractor shall reimburse the Owner of the road for the cost of such repairs.

F. Notice to Contractor for repairs and reconstruction will be made in the form of a registered

letter addressed to the Contractor at its home office.

G. Nothing contained in this Section shall be deemed to negate, limit or modify other obligations and warranties, both general and specific, contained elsewhere in the contract documents, it being the intent of the parties that the provisions contained in this Section shall afford protection to the Owner in addition to that provided elsewhere in this Contract.

END OF SECTION

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STANDARD FORM OF FIXED PRICE CONSTRUCTION CONTRACT BETWEEN THE DEKALB COUNTY BOARD OF EDUCATION AND _________________________________________ [CONTRACTOR] FOR PROJECTS OF NARROW SCOPE PROJECT: Fernbank Science Center Greenhouse Project 156 Heaton Park Drive, N.E. Address: Atlanta, GA 30307 ARCHITECT: N/A Architect’s Address: Cost Code:

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T A B L E O F C O N T E N T S ARTICLE 1 DOCUMENTS INCORPORATED BY REFERENCE .......................................................... 1 ARTICLE 2 REPRESENTATIONS OF THE CONTRACTOR ................................................................ 1

2.1 Generally ..................................................................................................................... 1 ARTICLE 3 CONTRACT CONSTRUCTION .......................................................................................... 1

3.1 Intent and Interpretation .............................................................................................. 1 3.2 Ownership ................................................................................................................... 2

ARTICLE 4 CONTRACTOR'S PERFORMANCE .................................................................................. 3

4.1 Generally ..................................................................................................................... 3 ARTICLE 5 TIME FOR CONTRACTOR'S PERFORMANCE ................................................................ 3

5.1 Time for Performance ................................................................................................. 3 5.2 Liquidated Damages for Delay ................................................................................... 3 5.3 Substantial Completion ............................................................................................... 3 5.4 Time is of the Essence ................................................................................................ 3

ARTICLE 6 FIXED PRICE AND CONTRACT PAYMENTS ................................................................... 4

6.1 Contract Price ............................................................................................................. 4 6.2 Schedule of Values ..................................................................................................... 4 6.3 Payment Procedures .................................................................................................. 4 6.4 Payments by Contractor ............................................................................................. 5 6.5 Refusal to Make Payment ........................................................................................... 5 6.6 Inspection at Substantial Completion ......................................................................... 5 6.7 Final Completion ......................................................................................................... 5 6.8 Final Inspection; Final Approval for Payment ............................................................. 5 6.9 Time for Final Completion; Liquidated Damages for Delay in Final Completion ........ 6 6.10 Conditions Precedent to Final Payment ..................................................................... 6 6.11 Final Payment ............................................................................................................. 6

ARTICLE 7 INFORMATION AND MATERIAL SUPPLIED BY THE OWNER ....................................... 6

7.1 Generally ..................................................................................................................... 6 7.2 Easements .................................................................................................................. 6

ARTICLE 8 DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR ................. 7

8.1 Generally ..................................................................................................................... 7 8.2 Warranty ..................................................................................................................... 7 8.3 Schedule for Completing Work ................................................................................... 8

ARTICLE 9 INDEMNITY ........................................................................................................................ 8 ARTICLE 10 THE PROJECT ARCHITECT ............................................................................................. 8

10.1 Architect ...................................................................................................................... 8 ARTICLE 11 CLAIMS BY THE CONTRACTOR ...................................................................................... 9

11.1 Generally ..................................................................................................................... 9 11.2 Delays Generally ......................................................................................................... 9 11.3 Weather Delays ........................................................................................................ 10

ARTICLE 12 SUBCONTRACTORS ....................................................................................................... 10

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ARTICLE 13 CHANGE ORDERS .......................................................................................................... 10 13.1 Generally ................................................................................................................... 10

ARTICLE 14 DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK .............. 11

14.1 Work in Violation of Contract .................................................................................... 11 14.2 Work in Conformity with Contract ............................................................................. 11 14.3 Defective or Nonconforming Work ............................................................................ 11 14.4 Duty to Correct Defective or Nonconforming Work................................................... 11 14.5 Owner's Option ......................................................................................................... 11

ARTICLE 15 TERMINATION BY THE CONTRACTOR ......................................................................... 12 ARTICLE 16 OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE .......................... 12 ARTICLE 17 TERMINATION BY THE OWNER .................................................................................... 12

17.1 Termination for Convenience .................................................................................... 12 17.2 Termination for Cause .............................................................................................. 13

ARTICLE 18 INSURANCE ..................................................................................................................... 13 ARTICLE 19 SURETY BONDS .............................................................................................................. 13 ARTICLE 20 PROJECT RECORDS ...................................................................................................... 13 ARTICLE 21 APPLICABLE LAW ........................................................................................................... 14 ARTICLE 22 SUCCESSORS AND ASSIGNS ....................................................................................... 14 EXHIBIT "A" REQUIRED INSURANCE ................................................................................................. 16 EXHIBIT "A - 1" ENDORSEMENT TO BUILDER'S RISK ........................................................................... 19 EXHIBIT "B" LIQUIDATED DAMAGES .................................................................................................... 20 EXHIBIT "C" IMMIGRATION AND SECURITY FORM ............................................................................. 21 CONTRACTOR AFFIDAVIT SUBCONTRACTOR AFFIDAVIT

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This FIXED PRICE CONSTRUCTION CONTRACT FOR PROJECTS OF NARROW SCOPE (the "Contract") is made and entered into by and between THE DEKALB COUNTY BOARD OF EDUCATION (the “Owner”) and _____________________________________ (the "Contractor"). This Contract shall be effective on the date executed by the last party to execute it.

This Contract is for the construction of a project identified as ____________________________________________________________________________________ ______________________________________________________________________________________ _______________________________________________________________________ (the "Project"). NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 DOCUMENTS INCORPORATED BY REFERENCE

This Contract includes this instrument, all exhibits hereto, the plans and specifications for the Project identified thereon as such, the Contractor’s Bid, Special Conditions and all Addenda issued prior to execution of the Contract, plus the following (if any):_______________________________________________________________________________ ___________________________________________________________________________________, all of which are hereby incorporated herein by reference and made a part hereof. Change Orders issued hereafter, and any other amendments executed by the Owner and the Contractor, shall become and be a part of this Contract. Documents not included or expressly contemplated in this Article 1 do not, and shall not, form any part of this Contract. ARTICLE 2 REPRESENTATIONS OF THE CONTRACTOR

2.1 Generally. In order to induce the Owner to execute this Contract and recognizing that the Owner is relying thereon, the Contractor, by executing this Contract, makes the following express representations to the Owner:

2.1.1 The Contractor is fully qualified to act as the contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor for, and to construct, the Project.

2.1.2 The Contractor has visited, inspected and become familiar with the Project site and the local conditions under which the Project is to be constructed and operated.

2.1.3 The Contractor has received, reviewed and carefully examined all of the documents which make up this Contract, including, but not limited to, the plans and specifications, and believes them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. ARTICLE 3 CONTRACT CONSTRUCTION

3.1 Intent and Interpretation. With respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as follows:


3.1.1 This Contract, together with the Contractor's and Surety's performance and payment bonds for the Project, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents, but only to the extent that it is inconsistent therewith.

3.1.2 Anything that may be required, implied or inferred by the documents which make

up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price.

3.1.3 Nothing contained in this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor.

3.1.4 Each of the documents which make up this Contract is complementary and shall be interpreted so that what is called for by one shall be as binding as if called for by all. The Owner has requested the Architect to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. However, the Owner makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contractor acknowledges and represents that it has not, does not, and will not rely upon any representations or warranties by the Owner concerning such documents, as no such representations or warranties have been or are hereby made.

3.1.5 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, interpretation will be based on the following priority:

3.1.5.1 Addenda (if any), with those of later date having precedence over those of earlier date.

3.1.5.2 This Agreement.

3.1.5.3 Supplemental or Special Conditions (if any).

3.1.5.4 Specifications.

3.1.5.5 Plans, with the following priority:

(a) As between figures given on plans and scaled measurements, the

figures shall govern.

(b) As between large scale plans and small scale plans, the large scale plans shall govern.

3.1.6 Whenever an item is specified or shown on the plans by detail or reference, it

shall be considered typical for other items which are obviously intended to be the same even though not so designated or specifically named but do serve the same function in the building.

3.1.7 Any material specified by reference to the number, symbol, or title of a specific standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date indicated on the specifications, except as limited, or modified in such references. The standards referred to, except as modified in the Contract, shall have full force and effect as though printed in the Contract. The Contractor shall make itself aware of the contents of such standards.


3.2 Ownership. The documents which make up this Contract, and each of them, as well as any other documents furnished by the Owner, shall remain the property of the Owner. The Contractor shall have the right to keep one (1) copy of the Contract upon completion of the Project; provided, however, that in no event shall the Contractor use, or permit to be used, any portion or all of such Contract on other projects without the Owner's prior written authorization.


ARTICLE 4 CONTRACTOR'S PERFORMANCE

4.1 Generally. The Contractor shall perform all of the Work required, implied or reasonably inferable from this Contract including, but not limited to, the following:

4.1.1 Construction of the Project.

4.1.2 The furnishing of required surety bonds and insurance.

4.1.3 The provision, and prompt payment therefore, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits required for the construction of the Project.

4.1.4 The creation and submission to the Owner of detailed and comprehensive as-built drawings depicting all as-built construction. Said as-built drawings shall be submitted to the Owner upon Final Completion of the Project and receipt of same by the Owner shall be a condition precedent to final payment to the Contractor.

4.1.5 The Contractor shall develop a written site safety plan incorporating the most recent site evacuation plan submitted by the Architect and shall submit such safety plan to the Owner for review and comment. The Contractor shall be solely responsible for site safety. ARTICLE 5 TIME FOR CONTRACTOR'S PERFORMANCE

5.1 Time for Performance. The Contractor shall commence the performance of this Contract on the day the Contractor receives a written Notice to Proceed from the Architect or Owner, or such later date as may be set forth therein, and shall diligently continue its performance to and until Final Completion of the Project. The Contractor shall accomplish Substantial Completion of the Project on or before ___________________.

5.2 Liquidated Damages for Delay. The Contractor shall pay the Owner for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion the sum indicated at Exhibit “B” attached hereto and by reference made a part hereof. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

5.3 Substantial Completion. The term "Substantial Completion", as used herein, shall mean that point at which, as certified in writing by the Architect, the Project is at a level of completion in strict compliance with this Contract such that the Owner can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

5.4 Time Is Of The Essence. All limitations of time set forth herein are material and are of the essence of this Contract.


ARTICLE 6 FIXED PRICE AND CONTRACT PAYMENTS

6.1 Contract Price. The Owner shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of _______________________________ Dollars ($______________). The price set forth in this Paragraph 6.1 shall constitute the Contract Price, which shall not be modified except by Change Order as provided in this Contract.

6.2 Schedule of Values. Within ten (10) calendar days of the effective date hereof, the Contractor shall prepare and present to the Owner and the Architect the Contractor's Schedule of Values apportioning the Contract Price among the different elements of the Project for purposes of periodic and final payment. The Contractor's Schedule of Values shall be presented in whatever format, with such detail, and backed up with whatever supporting information the Architect or the Owner requests. The Contractor's Schedule of Values will be utilized for the Contractor's Payment Requests but shall only be so utilized after it has been acknowledged in writing by the Architect and the Owner.

6.3 Payment Procedures. The Owner shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Article 6. On or before the _______ day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a Payment Request for the period ending the ______ day of the month. Said Payment Request shall be in such format and include whatever supporting information as may be required by the Architect, the Owner, or both. Therein, the Contractor may request payment for ninety percent (90%) of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the Owner), less the total amount of previous payments received from the Owner. Any payment on account of stored materials or equipment will be subject to the Contractor providing written proof that the Owner has title to such materials or equipment and that they are fully insured against loss or damage. Moreover, any sums approved for stored materials shall be at actual cost and shall not include markup by Subcontractor or Contractor. Actual cost means costs charged by the manufacturer or the distributor for the manufacturer and Payment Request shall include copies of invoices from the manufacturer or the distributor. Prior to or concurrent with Contractor’s second Payment Request, Contractor shall submit to Owner a draft proposed closeout submittal for review and comment by the Owner and the Architect. If the Owner or Architect provide comments, Contractor shall make any required changes to the draft proposed closeout submittal and resubmit to the Owner with Contractor’s next Payment Request.

When fifty percent (50%) of the Contract Price, as it may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the Architect, the Owner shall withhold no more retainage. If, after discontinuing the retention, the Architect determines that the Work is unsatisfactory or has fallen behind schedule, retention shall be resumed at the previous level.

Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested.

Thereafter, the Architect shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Payment Request and is as required by this Contract. The Architect shall approve in writing the amount which, in the opinion of the Architect, is properly owing to the Contractor. The Owner, after the approval of the Georgia Department of Education, shall make payment to the Contractor within thirty (30) days following the Architect's written approval of each Payment Request. The amount of each such payment shall be the amount approved for payment by the Architect less such amounts, if any,


otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by this Contract. The Architect's approval of the Contractor's Payment Requests shall not preclude the Owner from the exercise of any of its rights as set forth in Paragraph 6.6 herein below. The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all Work for which the Owner has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the Owner, also furnish to the Owner properly executed waivers of lien, in a form acceptable to the Owner, from all subcontractors, materialmen, suppliers or others having lien rights, wherein said subcontractors, materialmen, suppliers or others having lien rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all Work included in such payment shall be vested in the Owner.

6.4 Payments by Contractor. When payment is received from the Owner, the Contractor shall immediately pay all subcontractors, materialmen, laborers and suppliers the amounts they are due for the Work covered by such payment. In the event the Owner becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the Owner shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure in the future.

6.5 Refusal to Make Payment. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to claims made, or likely to be made, against the Owner or its property. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Paragraph 6.5 the Contractor shall promptly comply with such demand.

6.6 Inspection at Substantial Completion. When Substantial Completion has been achieved, the Contractor shall notify the Owner and the Architect in writing and shall furnish to the Architect a detailed and quantified punchlist of those matters yet to be finished and proposed cost estimates for each item on the punchlist. The Architect will thereupon conduct an inspection to confirm that the Work is in fact substantially complete and shall review the Contractor’s punchlist for accuracy as to the items on the punchlist and the Contractor’s cost estimate for completing each item on the punchlist. Upon its confirmation that the Contractor's Work is substantially complete and approval of the punchlist and cost estimates and upon delivery of the Contractor’s punchlist to the Owner and the approval by Owner of the punchlist, the Architect will so certify to the Owner and Contractor in writing and will therein set forth the date of Substantial Completion. Guarantees and equipment warranties required by this Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100%) of the Contract Price less any amounts attributable to liquidated damages, together with two hundred percent (200%) of the reasonable costs as determined by the Owner for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling any outstanding or threatened claims.

6.7 Final Completion. "Final completion" means the completion of all Work required by, and in strict compliance with, the Contract, including start-up, testing, obtaining regulatory approvals from all applicable authorities, and all preparations necessary to operate the Project.

6.8 Final Inspection; Final Approval for Payment. When the Project is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect will perform a final inspection of the Project. If the Architect confirms that the Project is complete in full accordance with this Contract and that the Contractor has performed all of its obligations to the Owner hereunder including completion of all items on the Contractor’s punchlist to the satisfaction of the Architect, the Architect will furnish a final Approval for Payment to the Owner certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid


Contract Price, less any amount withheld pursuant to this Contract. Prior to being entitled to receive the payment described in the immediately preceding sentence, and as a condition precedent thereto, Contractor shall furnish Owner, in form and manner acceptable to Owner, consent(s) of surety to release retainage, together with an original power of attorney with current certificate attached thereto.

6.9 Time for Final Completion; Liquidated Damages for Delay in Final Completion. If the Contractor fails to achieve final completion within 30 days of the date of Substantial Completion, the Contractor shall pay the Owner one-tenth (1/10) of the sum indicated at Exhibit “B” per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

6.10 Conditions Precedent to Final Payment. Prior to being entitled to receive final payment, and as a condition precedent thereto, the Contractor shall furnish the Owner, in the form and manner required by Owner, if any, with a copy to the Architect:

6.10.1 An affidavit that all of the Contractor's obligations to subcontractors, laborers, equipment or material suppliers, or other third parties in connection with the Project, have been paid or otherwise satisfied.

6.10.2 If required by the Owner, separate releases of lien or lien waivers from each subcontractor, lower tier subcontractor, laborer, supplier or other person or entity who has, or might have a claim against the Owner or the Owner's property.

6.10.3 Consent(s) of Surety to final payment.

6.10.4 All product warranties, operating manuals, instruction manuals and other record documents, drawings and things customarily required of the Contractor, or expressly required herein, as a part of or prior to Project closeout.

6.11 Final Payment. The Owner shall, subject to its rights set forth in Paragraph 6.5 above, make final payment of all sums due the Contractor within ten (10) days of the approval by the Georgia Department of Education of the Architect's execution of a final Approval for Payment. ARTICLE 7 INFORMATION AND MATERIAL SUPPLIED BY THE OWNER

7.1 Generally. If requested by the Contractor, the Owner shall furnish to the Contractor, prior to the execution of this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material, if any, is furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the Owner and for no other purpose. By furnishing such material, if any, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefore. The Owner shall also furnish, if appropriate, the legal description of the Project site, and any required survey.

7.2 Easements. The Owner shall obtain all required easements, and the like but not the building permit and other permits or fees required of the Contractor by this Contract, or permits and fees customarily the responsibility of the Contractor.


ARTICLE 8 DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR

8.1 Generally. In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner:

8.1.1 The Contractor shall not perform Work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs Work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the Architect and Owner, the Contractor shall be responsible for such Work and pay the cost of correcting same.

8.1.2 All Work shall strictly conform to the requirements of this Contract.

8.1.3 The Work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Contractor.

8.1.4 The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the Work.

8.1.5 The Contractor shall employ and maintain at the Project site only competent supervisory personnel.

8.1.6 The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings, if any, and other submittals, if any. All of these items shall be available to the Owner and the Architect at all regular business hours. Upon Final Completion of the Work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner.

8.1.7 Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any Work requiring shop drawings or other submittals unless such shall have been approved in writing by the Architect. All Work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Architect or the Owner shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. The Owner and the Architect shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall carefully review, inspect and examine any and all submittals before submission of same to the Owner or the Architect.

8.1.8 The Contractor shall maintain the Project site in a reasonably clean condition during performance of the Work. Upon Final Completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment.

8.1.9 At all times relevant to this Contract, the Contractor shall permit the Owner and the Architect to enter upon the Project site and to review or inspect the Work without formality or other procedure.

8.2 Warranty.

8.2.1 The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed


Work will be complete, of high quality, without defects, and that all Work strictly complies with the requirements of this Contract. Any Work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's warranty.

8.2.2 The Contractor shall provide any and all specific or special warranties or guarantees of materials, equipment, items, systems and other things as required elsewhere in this Contract.

8.3 Schedule for Completing Work. The Contractor, within fifteen (15) days of commencing the Work, shall provide to the Owner and the Architect, and comply with, the Contractor's schedule for completing the Work. Such schedule shall be in a form acceptable to the Owner. ARTICLE 9 INDEMNITY

9.1 General Indemnity. The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damages, loss, liens, costs and expenses of every type whatsoever including, without limitation, attorneys’ fees and expenses, arising out of or in connection with the Contractor’s performance of this Agreement and the Work, to the extent caused by the Contractor, or anyone for whose acts the Contractor is or may be responsible or liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the Owner. The Contractor shall not indemnify or hold harmless the Owner against claims for damages, losses, or expenses, including attorneys’ fees, caused by or resulting from the sole negligence of the Owner, or its officers, agents or employees; provided, however, this indemnification obligation shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or its subcontractors, sub-subcontractors, or suppliers under workers’ compensation acts, disability benefit acts or other employee benefit acts.

9.2 Enforcement Of This Agreement. In the event Owner retains legal counsel to secure

performance by Contractor of any of its obligations under this Agreement, or if Owner retains or utilizes such counsel to represent its interest with respect to any matter for which Contractor has an indemnity obligation to Owner under any provision of this Agreement or otherwise, Contractor shall pay and reimburse Owner for the cost of such counsel and shall further pay and reimburse Owner for any and all other cost and expense incurred in preparing, negotiating, or prosecuting any claim against Contractor, including, but not limited to, any and all expert witness fees and expenses. ARTICLE 10 THE PROJECT ARCHITECT

10.1 Architect. The architect for this Project is ___________________________________ (the "Architect"). In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement architect and the role of the replacement architect shall be the same as the role of the Architect. Unless otherwise directed by the Owner in writing, the Architect will perform those duties and discharge those responsibilities allocated to the Architect in this Contract. The duties, obligations and responsibilities of the Architect shall include, but are not limited to, the following:

10.1.1 Unless otherwise directed by the Owner in writing, the Architect shall act as the Owner's agent from the effective date of this Contract until final payment has been made, to the extent expressly set forth in this Contract.

10.1.2 Unless otherwise directed by the Owner in writing, the Owner and the Contractor shall communicate with each other in the first instance through the Architect.

10.1.3 When requested by the Contractor in writing, the Architect shall render interpretations necessary for the proper execution or progress of the Work.


10.1.4 The Architect shall draft proposed Change Orders.

10.1.5 The Architect shall approve, or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor.

10.1.6 The Architect shall be authorized to refuse to accept Work which is defective or otherwise fails to comply with the requirements of this Contract. If the Architect deems it appropriate, the Architect shall be authorized to call for extra inspection or testing of the Work for compliance with requirements of this Contract.

10.1.7 The Architect shall review the Contractor's Payment Requests and shall approve in writing those amounts which, in the opinion of the Architect, are properly owing to the Contractor as provided in this Contract.

10.1.8 The Architect shall, upon written request from the Contractor, perform those inspections required in Article 6 hereinabove.

10.1.9 The Architect shall be authorized to require the Contractor to make changes which do not involve a change in the Contract Price or in the time for the Contractor's performance of this Contract consistent with the intent of this Contract.

10.1.10 The duties, obligations and responsibilities of the Contractor under this Contract shall in no manner whatsoever be changed, altered, discharged, released, or satisfied by any duty, obligation or responsibility of the Architect. The Contractor is not a third-party beneficiary of any contract by and between the Owner and the Architect. It is expressly acknowledged and agreed that the duties of the Contractor to the Owner are independent of, and are not diminished by, any duties of the Architect to the Owner. ARTICLE 11 CLAIMS BY THE CONTRACTOR

11.1 Generally. Claims by the Contractor against the Owner are subject to the following terms and conditions:

11.1.1 All Contractor claims against the Owner shall be initiated by a written claim submitted to the Owner and the Architect. Such claim shall be received by the Owner and the Architect no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim.

11.1.2 The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor.

11.1.3 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, such condition prior to disturbing it.

11.1.4 In connection with any claim by the Contractor against the Owner for

compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of


third-parties including subcontractors, unless and until liability of the Contractor has been established therefore in a court of competent jurisdiction.

11.2 Delays Generally. In the event the Contractor is delayed in performing any task which at

the time of the delay is then critical, or which during the delay becomes critical, as the sole result of: (i) any act or omission by the Owner or someone acting in the Owner's behalf, (ii) any Owner-authorized Change Order, (iii) acts of God, (iv) unusually severe weather, (v) any order of a governmental authority having jurisdiction over the Project which order is issued through no fault of the Contractor, (vi) acts of war, or (vii) acts of terrorism, then the Substantial Completion Date, or as applicable, the date for Final Completion, shall be appropriately adjusted by the Owner upon the written notice and claim of the Contractor to the Owner and the Architect for such reasonable time as Owner may determine. The Contractor’s sole remedy for delay caused by any of the bases listed in this paragraph 11.2 shall be a time extension. A task is critical within the meaning of this paragraph 11.2 if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of paragraph 11.1.1 above and such notice shall be given by Contractor before proceeding to execute any additional or changed Work. If the Contractor fails to make such claim as required in this paragraph 11.2, any claim for an extension of time shall be waived. For the avoidance of doubt, the Contractor shall not be entitled to a time extension if the Contractor is delayed in performing any task as a sole result of the following: (i) economic hardship, (ii) changes in market conditions, (iii) late delivery or failure of materials, equipment, or supplies unless solely caused by an act or omission by the Owner or someone acting in the Owner’s behalf, (iv) local or direct strikes, or other similar labor actions, (v) unavailability of subcontractors, sub-subcontractors, or suppliers, or (vi) nonperformance or delay by the Contractor or its subcontractors, sub-subcontractors, or suppliers.

11.2.1 “Unusually severe weather” as used above in paragraph 11.2 includes abnormal

and unexpected weather conditions including catastrophic storms or floods, lightning, tornadoes, hurricanes, and earthquakes. The Contractor shall not be entitled to any extension of time due to adverse weather conditions unless the number of adverse weather days in any given calendar month exceeds the historic averages as maintained by the National Oceanic and Atmospheric Administration. Adverse weather conditions is defined as the occurrence of one or more of the following conditions which prevents exterior construction activity or access to the site within twenty-four (24) hours: (i) precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10’’) liquid measure, (ii) temperatures which do not rise above 32 degrees F by 10:00 A.M., (iii) temperatures which do not rise above that specified for the day’s construction activity by 10:00 A.M. if any is specified, (iv) sustained wind in excess of twenty-five (25) mph, or (v) standing snow in excess of one inch (1.00”). Weather conditions including precipitation (rain, snow, and hail) amounts and times at the jobsite, activities and durations affected, shall be recorded on a daily basis and submitted to the Owner on a weekly basis.

11.3 Weather Delays. No change in the Contract Price will be authorized because of adjustment of contract time due to weather. ARTICLE 12 SUBCONTRACTORS

Upon execution of this Contract, the Contractor shall identify to the Owner and the Architect, in writing, those parties intended as subcontractors on the Project. The Owner shall, in writing, state any objections the Owner may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor with whom the Owner objects. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights of Contract termination as set forth herein below. The Architect will not enter into disputes between the Contractor and any subcontractor or supplier, nor shall the Architect be called upon to settle same. Neither shall the Architect be called upon to enter into or to settle disputes between subcontractors and/or suppliers.


ARTICLE 13 CHANGE ORDERS

13.1 Generally. One or more changes to the Work within the general scope of this Contract, may be ordered by Change Order. The Contractor shall proceed with any such changes, and same shall be accomplished in strict accordance with the following terms and conditions:

13.1.1 Change Order shall mean a written order to the Contractor executed by the Owner and the Architect after execution of this Contract, and approved by the Georgia Department of Education, directing a change in the Work and may include a change in the Contract Price or the time for the Contractor's performance, or any combination thereof.

13.1.2 The Owner will not be responsible for any change in the Work involving extra costs unless approval in writing is furnished by the Owner before such Work is begun. Note that the Architect does not have authority to order changes in the Work that involve changes in cost or time.

13.1.3 Any change in the Contract Price resulting from a Change Order shall be determined as follows:

(a) By mutual agreement between the Owner and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or,

(b) If no mutual agreement occurs between the Owner and the Contractor, the

change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the Work. Such reasonable actual costs or savings shall include a component for reasonable overhead and profit. Any such costs or savings shall be documented in the format, and with such content and detail as the Owner or the Architect requires.

13.1.4 The Contractor shall notify and obtain the consent and approval of the

Contractor's Surety with reference to all Change Orders if such notice, consent or approval are required by the Owner, the Architect, the Contractor's Surety or by law. The Contractor's execution of the Change Order shall constitute the Contractor's warranty to the Owner that the Surety has been notified of, and consents to, such Change Order and the Surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. ARTICLE 14 DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK

14.1 Work in Violation of Contract. In the event that the Contractor covers, conceals or obscures its Work in violation of this Contract or in violation of a directive from the Owner or the Architect, such Work shall be uncovered and displayed for the Owner's or Architect's inspection upon request, and shall be reworked at no cost in time or money to the Owner.

14.2 Work in Conformity with Contract. If any of the Work is covered, concealed or obscured in a manner not covered by Paragraph 14.1 above, it shall, if directed by the Owner or the Architect be uncovered and displayed for the Owner's or Architect's inspection. If the uncovered Work conforms strictly with this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such Work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor.


14.3 Defective or Nonconforming Work. The Contractor shall, at no cost in time or money to the Owner, correct Work rejected by the Owner or by the Architect as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof.

14.4 Duty to Correct Defective or Nonconforming Work. In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming Work for a period of twelve (12) months following final completion upon written direction from the Owner. The Owner shall promptly notify Contractor of any noted defective or nonconforming Work. Contractor shall within two (2) working days respond by visiting the site and commencing, and promptly completing, any necessary remedial Work including needed maintenance instructions to Owner’s personnel.

Nothing contained in this Article 14 shall be construed to establish a period of limitation with

respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Article 14.4 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

14.5 Owner’s Option. The Owner may, but shall in no event be required to, choose to accept defective or nonconforming Work. In such event, the Contract Price shall be reduced by the greater of (a) the reasonable costs of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming Work. ARTICLE 15 TERMINATION BY THE CONTRACTOR

If the Owner repeatedly fails to perform its material obligations to the Contractor for a period of thirty (30) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the Owner and the Architect. If the Owner suspends Contractor’s performance for a period of more than sixty (60), through no fault of the Contractor, then Contractor may, upon seven (7) days written notice to Owner, terminate this Contract. In either event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Paragraph 17.1 hereunder. ARTICLE 16 OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE

The Owner shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to sixty (60) calendar days. If any such suspension is directed by the Owner, the Contractor shall immediately comply with same. In the event the Owner directs a suspension of performance under this Article 17, through no fault of the Contractor, the Owner shall pay the Contractor as full compensation for such suspension the Contractor's reasonable costs, actually incurred and paid, of: (a) demobilization and remobilization, including such costs paid to subcontractors; (b) preserving and protecting Work in place;(c) storage of materials or equipment purchased for the Project, including insurance thereon; and (d) performing in a later, or during a longer, time frame than that contemplated by this Contract.


ARTICLE 17

TERMINATION BY THE OWNER

17.1 Termination for Convenience. The Owner may, for any reason whatsoever, terminate

performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the Owner or its designee. The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. When terminated for convenience, the Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (a) Contract prices for labor, materials, equipment and other services accepted under this Contract; (b) reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct jobsite overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; and (c) reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Paragraph 18.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment.

17.2 Termination for Cause. If the Contractor does not perform the Work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of this Contract, then the Owner, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor and assume possession of the Project site and of all materials and equipment at the site and may complete the Work. In such case, the Contractor shall not be paid further until the Work is complete. After final completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the Owner of completing the Work, including all costs and expenses of every nature incurred, has been deducted by the Owner, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the Owner for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the Owner for cause pursuant to this Paragraph 17.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Paragraph 17.1 and the provisions of Paragraph 17.1 shall apply. ARTICLE 18 INSURANCE

The Contractor shall have and maintain insurance in accordance with the requirements of Exhibit "A" attached hereto and incorporated herein by reference.

ARTICLE 19


SURETY BONDS

The Contractor shall furnish separate performance and payment bonds to the Owner. Each bond shall set forth a penal sum in an amount equal to the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a Surety, or Sureties, reasonably acceptable to the Owner. ARTICLE 20 PROJECT RECORDS

All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the Owner or the Architect for inspection and copying upon written request by the Owner. Furthermore, said documents shall be made available, upon request by the Owner, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, photographs, estimates, invoices, bills, receipts, canceled checks, vouchers or other writings or things which document or involve in any manner the Project, its design, its cost, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor and its Subcontractors. The Contractor shall maintain and protect these documents for no less than four (4) years after final completion of the Project, or for any longer period of time as may be required by law or good construction practice. ARTICLE 21 APPLICABLE LAW

The law applicable to this Contract shall be the law of the State of Georgia. ARTICLE 22 SUCCESSORS AND ASSIGNS

Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of this Contract. The Contractor shall not assign this Contract without prior written consent of the Owner. [SIGNATURES ON NEXT PAGE]


OWNER: CONTRACTOR: DEKALB COUNTY BOARD OF EDUCATION

[TYPED NAME] By: By:

[SIGNATURE] [SIGNATURE] Dr. Melvin Johnson, Board Chairperson [TYPED NAME & TITLE] [TYPED NAME & TITLE] By:

[SIGNATURE] Mr. Michael L. Thurmond, Superintendent

[TYPED NAME & TITLE] DeKalb County Board of Education 1701 Mountain Industrial Boulevard Stone Mountain, Georgia 30083

[ADDRESS]

[DATE OF EXECUTION] [DATE]

Mr. Stephen Wilkins, Chief Operations Officer


EXHIBIT “A”

REQUIRED INSURANCE (1) The Contractor shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from the Contractor’s operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

(a) claims under workers’ or workmen’s compensation disability benefit or other similar employees benefit acts;

(b) claims for damages because of bodily injury, occupational sickness or disease or death of its employees;

(c) claims for damages because of bodily injury, sickness or disease, or death of any person other than its employees;

(d) claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person;

(e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; and

(f) claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. (2) The insurance required by Paragraph 1 shall be written for not less than any limits of liability specified in the contract documents, or required by law, whichever is greater. (3) The insurance required by Paragraph 1 shall include contractual liability insurance. (4) The Contractor shall be responsible from the time of signing the Contract or from the time of the beginning of the first Work, whichever shall be earlier, for all bodily injury (including death) or damage to property of any kind resulting from the Work under this Contract to persons or property.

The Contractor assumes the obligation to save the Owner and the Architect harmless and to indemnify them from every expense, liability or payment arising out of or through bodily injury (including death) to any person or persons or damage to property of any person; arising out of any act of the Contractor, any subcontractor or anyone either:

(a) directly or indirectly employed by or;

(b) under the supervision of any of them in the prosecution of the Work included in the Contract.

Liability policies shall name the Owner (DeKalb County Board of Education), the DeKalb County School District, the Program Manager,and the Architect as an additional insured.

(5) The Contractor agrees to comply with the provisions of the Workman’s Compensation laws of the State of Georgia and to require all Subcontractors likewise to comply. Contractor shall secure the following insurance at his own expense and prior to starting any Work shall file Certificates of Insurance with the Architect, except that on the Owner’s Protective Insurance, original policies shall be filed with the Architect.

(a) Workmen’s Compensation - Statutory Limits Employer’s Liability -$1,000,000.00


(b) Comprehensive General Liability (including Premises-Operations; Independent Contractors Protective; Products and Completed Operations; Broad Form Property Damage and Broad Form General Liability Endorsement).

1. Bodily Injury: $1,000,000.00 Each Occurrence; $1,000,000.00 Aggregate, Products

and Completed Operations (Umbrella).

2. Property Damage: $500,000.00 Each Occurrence; $1,000,000.00 Aggregate.

3. Products and Completed Operations Insurance shall be maintained for a minimum period of one (1) year after final payment and Contractor shall continue to provide evidence of such coverage to Owner on an annual basis during the aforementioned period.

4. Property Damage Liability Insurance shall include coverage for Explosion, Collapse,

and Underground.

5. Contractual Liability (Hold Harmless Coverage): Bodily Injury: $1,000,000.00 Each Occurrence; Property Damage: $500,000.00 Each Occurrence, $500,000.00 Aggregate.

6. Personal Injury, with Employment Exclusion deleted: $1,000,000.00 Aggregate.

(c) Comprehensive Automobile Liability (owned, non-owned, hired):

1. Bodily Injury: $1,000,000.00 Each Person, $1,000,000.00 Each Accident.

2. Property Damage: $1,000,000.00 Each Occurrence.

3. Personal Injury Protection: Statutory Limits.

(6) Certificates of Insurance (2 copies) shall be filed with Architect before commencement of Work. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled, changed or allowed to expire until fifteen (15) days after the Owner has received written notice evidence by return receipt of registered letter. (7) Insurance will not be acceptable unless written by a Company licensed by the State Insurance Department to do business in Georgia at the time the policy is issued and the company must in addition be acceptable to the Owner. (8) Contractor shall purchase and maintain Owner’s Protective Liability Policy with minimum limits of:

(a) Bodily Injury: $1,000,000.00 Each Occurrence, $1,000,000.00 Aggregate.

(b) Property Damage: $500,000.00 Each Occurrence, $500,000.00 Aggregate.

(c) Personal Injury, with Employment Exclusion deleted: $1,000,000.00 Aggregate. This policy shall be issued in the name of DeKalb County Board of Education and delivered to Architect along with Certificates of Insurance. Employees of the DeKalb County Board of Education shall be included as an additional insured. Policy shall also name the DeKalb County School District, the Program Manager, and the Architect as additional insured. (9) Contractor shall purchase and maintain BUILDER’S RISK INSURANCE payable to the Contractor and Owner, as their interest may appear, upon the entire structure and all materials in or adjacent thereto which are to be made a part of the insured structure of 100% of the contract value covering fire, extended coverage, vandalism and malicious mischief. There shall be attached to and made a part of the insurance


policy for Builder’s Risk an endorsement of the Insurance Company as shown on Exhibit “A-1" attached hereto. (10) The Contractor may, at its option, purchase insurance policies having a “deductible” feature provided that:

(a) Deductible amount does not exceed $2,500.00.

(b) Contractor agrees in written letter to the Owner (through the Architect) to be responsible for

payment of any such deductibles, in the event that such payment should become necessary.


EXHIBIT “A – 1”

ENDORSEMENT TO BUILDER’S RISK Attached to and forming part of Policy No. of the Insurance Company, issued at its , Agency. In consideration of the premium for which the policy is written and proper rate adjustment when applicable, the insurance company agrees as follows:

(1) The insurance company consents and agrees that furniture and equipment may be delivered to the insured premises and installed in place, ready for use, and said delivery and installation of furniture and equipment shall in no way diminish, change, alter or otherwise affect the coverage and protection afforded the insured under said policy.

(2) The insurance company consents and agrees that insured premises may be occupied, and

said occupation shall in no way diminish, change, alter or otherwise affect the coverage and protection afforded the insured under said policy. The insured shall give notice to insurance company of any partial occupancy.

(3) The insurance company recognizes the right of the Owner of the insured premises to perform

other Work in connection with construction operations insured under this policy and agrees that performance of other work by the said Owner, by agents of the said Owner, or by Contractors employed by said Owner, shall in no way diminish, change, alter or otherwise affect protection afforded under said policy.

(4) The insurance company agrees that this policy shall not be canceled, changed, allowed to

lapse or to expire until thirty (30) days after the Owner has received written notice thereof as evidence be return receipt of registered letter.

(5) Any provisions of the agreement to the contrary notwithstanding coverage under this policy,

automatically terminate twenty-four (24) months from date shown below. The foregoing insurance provisions have been incorporated into by reference and are hereby made a part of insurance Policy No. , this day of , 2_____. Name of Company Authorized Signature


EXHIBIT “B” Liquidated damages applicable to Paragraph 5.2 of this Contract shall be the amount stated in the right column below which is directly opposite the applicable Contract Price range stated in the left column below. If The Original Contract Price Is: Daily Liquidated Damages Shall Be: Up to $49,999.99 $50 $50,000.00 to $99,999.99 $100 $100,000.00 to $299,999.99 $200 $300,000.00 to $599,999.99 $300 $600,000.00 to $999,999.99 $400 $1,000,000.00 to $1,999,999.99 $500 $2,000,000.00 to $4,999,999.99 $750 $5,000,000.00 to $9,999,999.99 $1,500 $10,000,000.00 to $14,999,999.99 $2,500 $15,000,000.00 to $19,999,999.99 $3,500 $20,000,000.00 or above The product of .0002 multiplied by

the Original Contract Price.


EXHIBIT “C” IMMIGRATION AND SECURITY FORM

A. In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), Pub.L. 99-603 and the Georgia Security and Immigration Compliance Act O.C.G.A. § 13-10-90 et. seq., Contractor must certify compliance by initialing one of the sections below: ______ Contractor has 500 or more employees and Contractor warrants that Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA) Pub.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at https://www.vis-dhs.com/EmployerRegistration and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq. ______ Contractor has 100-499 employees and Contractor warrants that no later than July 1, 2008, Contractor will register at https://vis-dhs.com/EmployerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA) Pub.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq. ______ Contractor has 99 or fewer employees and Contractor warrants that no later than July 1, 2009, Contractor will register at https://vis-dhs.com/EmployerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), Pub.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq. B. Contractor warrants that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under its Contract(s) with the DeKalb County Board of Education. __________________________________ ___________________________________ Signature Title By signing above you are certifying that the representations made herein are true and correct. Firm Name: _______________________________________________________________ Street/Mailing Address: _____________________________________________________ City, State, Zip Code: _____________________________________________________ Telephone Number: _____________________________________________________ Email Address: _____________________________________________________ Sworn to and subscribed before me This ___ day of ______________, 20____ _________________________________________ Notary Public


CONTRACTOR AFFIDAVIT By executing the 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 under a contract with __________________________________________ (name of contractor) on behalf of __________________________________________ (name of public employer) has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. _____________________________________________ EEV / Basic Pilot Program* User Identification Number ____________________________ _______________________ BY: Authorized Officer of Agent Date ____________________________________ Contractor/Corporation Name ____________________________________ Title of Authorized Officer or Agent of Contractor ____________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ________ DAY OF _______________, 20_____ ____________________________ Notary Public My Commission Expires: ____________________________ * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).


SUBCONTRACTOR AFFIDAVIT By executing the 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 __________________________________________ (name of public employer) has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. _____________________________________________ EEV / Basic Pilot Program* User Identification Number ____________________________ ________________________ BY: Authorized Officer of Agent Date ___________________________________________ Subcontractor/Corporation Name ___________________________________________ Title of Authorized Officer or Agent of Subcontractor ____________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ________ DAY OF _______________, 20____ ____________________________ Notary Public My Commission Expires: ____________________________ * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

12.2008

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that we, _______________________, [insert proper name of Surety]

a corporation duly organized and existing under the laws of the State of ________________, as surety (“Surety”), and _______________________________________________________

[Insert proper name and address of Bidder] as principal (“Bidder”), enter into, execute this bond (“Bid Bond”), and firmly bind ourselves, our heirs, administrators, executors and successors, jointly and severally, in favor of the DeKalb County Board of Education, as obligee (“Owner”), in the penal sum of: _____________________________________________ dollars ($____________________), [Insert penal sum, written in words and in numerals, which shall equal 5% of the Base Bid]

as of the ____ day of _________________ 20___.

WHEREAS, the Bidder has submitted a bid for construction of the Fernbank Science Center Greenhouse Project_______________ Project in DeKalb County, Georgia; and

WHEREAS, the Owner has required the Bidder to furnish this Bid Bond containing the terms and conditions set forth herein as a condition to submission of the bid;

NOW THEREFORE, the Surety and the Bidder, for themselves, their heirs, administrators, executors and successors, both joint and severally, agree that if the Owner accepts the bid of the Bidder and within sixty (60) days of the bid opening delivers to the Bidder a Notice of Award, and the Bidder, within ten (10) calendar days after receipt of such Notice of Award, has not executed a contract with the Owner in accordance with the terms of such bid and furnished such bonds as are specified in the bidding documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, then the Surety and the Bidder shall pay to the Owner the full penal sum hereof as liquidated damages and not as a penalty.

SIGNED AND SEALED this ____ day of __________________, 20_____. BIDDER SURETY _____________________________[SEAL] ____________________________[SEAL] [Typed Name] [Typed Name] BY:_______________________________ BY:_______________________________

[Signature] [Signature]

__________________________________ __________________________________ [Printed Name, Title and Address] [Printed Name, Title and Address]

03.2010

PERFORMANCE BOND (Contractor) _____________________________________________________________, a corporation duly

[Insert Proper Name of Surety] organized and existing under the laws of the State of ____________, as surety ("Surety"), and ______________________________________________________________, as principal

[Insert Proper Name of Contractor] (“Contractor"), enter into, execute this bond ("Performance Bond"), and bind themselves in favor of the DeKalb County Board of Education as obligee ("Owner"), in the penal sum of _________________________________dollars ($_________), as of ____________________________. [Insert Penal Sum in words and numerals] [Insert Date of Construction Contract]

WHEREAS, the Contractor has signed a contract with the Owner dated ______________, 20____ ("Construction Contract") for construction of: Fernbank Science Center Greenhouse Project, 156 Heaton Park Drive, N.E., Atlanta, GA 30307_______

[Insert Description and Location of the Project] (“Project”); and

WHEREAS, the Owner has required the Contractor to furnish this Performance Bond containing

the terms and conditions set forth herein as a condition to executing the Construction Contract with the

Contractor;

NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for

themselves, their heirs, administrators, executors and successors agree:

1.

The Construction Contract is hereby incorporated herein and by reference made a part hereof to

the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are

bound for the full performance of the Construction Contract, including, without exception, all of its terms

and conditions, both express and implied.

2.

If the Contractor is in default of the Construction Contract and the Owner, by written notice to the

Contractor and the Surety, declares the Contractor to be in default and terminates the right of the

Contractor to proceed, the Surety shall thereupon promptly notify the Owner in writing as to which of the

actions permitted to the Surety in Paragraph 3 it will take.

03.2010 2

3.

Upon default and termination of the Contractor and notice to the Contractor and Surety as

provided in Paragraph 2 above, the Surety shall, within 30 days, proceed to take one or, at its option,

more than one of the following courses of action:

(A) Proceed itself, or through others acting on its behalf, to complete full performance of the

Construction Contract including, without limitation, correction of defective and nonconforming work

performed by or on behalf of the Contractor. During such performance by the Surety, the Owner shall

pay the Surety from its own funds only such sums as would have been due and payable to the Contractor

in the absence of the default and termination.

(B) Applicable law permitting, and with the prior written consent of the Owner, obtain bids or

proposals from contractors previously identified as being acceptable to the Owner, for full performance of

the Construction Contract. The Surety shall furnish the Owner a copy of such bids or proposals upon

receipt of same. The Surety shall promptly select, with the agreement of the Owner, the best responsive

bid or proposal and shall promptly tender the contractor submitting it, together with a contract for

fulfillment and completion of the Construction Contract executed by the completing contractor, to the

Owner for the Owner's execution. Upon execution by the Owner of the contract for fulfillment and

completion of the Construction Contract, the completing contractor shall furnish to the Owner a

performance bond and a separate payment bond, each in the form of those bonds previously furnished to

the Owner for the Project by the Contractor. Each such bond shall be in the penal sum of the (1) fixed

price for completion, (2) guaranteed maximum price for completion, or (3) estimated price for completion,

whichever is applicable. The Owner shall pay the completing contractor from its own funds only such

sums as would have been due and payable to the Contractor under the Construction Contract as and

when they would have been due and payable to the Contractor in the absence of the default and

termination. To the extent that the Owner is obligated to pay the completing contractor sums which would

not have then been due and payable to the Contractor under the Construction Contract, the Surety shall

provide the Owner with such sums in a sufficiently timely manner that the Owner can utilize such sums in

making timely payment to the completing contractor; or,

(C) Take any and all other acts, if any, mutually agreed upon in writing by the Owner and the

Surety.

03.2010 3

4.

In addition to those duties set forth hereinabove, the Surety shall promptly pay the Owner all loss,

costs and expenses resulting from the Contractor’s default(s), including, without limitation, fees, expenses

and costs for architects, engineers, consultants, testing, surveying and attorneys, liquidated or actual

damages, as applicable, for delay in completion of the Project, and fees, expenses and costs incurred at

the direction, request, or as a result of the acts or omissions of the Surety.

5.

In no event shall the Surety be obligated to the Owner hereunder for any sum in excess of the

Penal Sum. As used in this Performance Bond, the term “Penal Sum” means the amount stated as the

penal sum in the preamble of this Performance Bond, as that amount may be adjusted from time to time

pursuant to Paragraph 6 below.

6.

The Surety waives notice of any changes to the Construction Contract including, without

limitation, changes in the contract time, the contract price, or the work to be performed. If the total

amount payable by the terms of the Construction Contract is increased to an amount in excess of the

then current Penal Sum, then, automatically and without notice to or any action required of any party, the

Penal Sum shall be increased as the total amount payable by the terms of the Construction Contract is

increased.

7.

This Performance Bond is provided by the Surety for the sole and exclusive benefit of the Owner,

together with its successors or assigns. No other party, person or entity shall have any rights against the

Surety hereunder.

8.

Any and all notices to the Surety, the Contractor or the Owner shall be given by Certified Mail,

Return Receipt Requested, to the address set forth for each party below:

Surety: _______________________________

_______________________________ _______________________________ Attn: ___________________________

Contractor: _______________________________

_______________________________ _______________________________ Attn: ___________________________

03.2010 4

Owner: DeKalb County Board of Education 1780 Montreal Road Tucker, Georgia 30084 Attn: Stephen M. Wilkins, Chief Operations Officer

9.

Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding,

any action hereon may be instituted so long as the applicable statute of limitations governing the

Construction Contract has not run or expired.

CONTRACTOR: SURETY: _________________________________[Seal] _________________________________[Seal] [Typed Name] [Typed Name] By: ___________________________________ By: __________________________________

[Signature] [Signature] ______________________________________ _____________________________________ [Printed Name, Title and Address] [Printed Name, Title and Address] ______________________________________ _____________________________________ ______________________________________ _____________________________________ PerformanceBondContractor.03.2010

PAYMENT BOND (Contractor) ___________________________________________________________________, a corporation duly

[Insert Proper Name of Surety] organized and existing under the laws of the State of ___________________, as surety ("Surety"), and _________________________________________________________, as principal (“Contractor”), enter

[Insert Proper Name of Contractor] into, execute this bond ("Payment Bond"), and bind themselves in favor of the DeKalb County Board of

Education, as obligee ("Owner") in the penal sum of

________________________________dollars ($___________), as of ___________________________. [Insert Penal Sum in words and numerals] [Insert Date of Construction Contract]

WHEREAS, the Contractor has signed a contract with the Owner dated _______________, 20____ ("Construction Contract") for construction of: Fernbank Science Center Greenhouse Project, 156 Heaton Park Drive, N.E., Atlanta, GA 30307 [Insert Description and Location of the Project] ("Project"); and,

WHEREAS, the Owner has required the Contractor to furnish this Payment Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor;

NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree:

1.

The Construction Contract is hereby incorporated herein and by reference made a part hereof to the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied, and, without limitation, specifically including Contractor's obligation to pay for labor, materials, machinery, and equipment provided in connection with the Construction Contract performance.

2.

For purposes of this Payment Bond, Beneficiary is defined as any subcontractor or other person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in the Construction Contract, or any other person entitled to the protection of this Payment Bond pursuant to the provisions of Title 36, Chapter 91, Official Code of Georgia Annotated. 3.

Every Beneficiary who has not been paid in full for labor or material furnished in the prosecution of the work on the Project before the expiration of a period of ninety (90) days after the day on which the last of the labor was done or performed by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an action on this Payment Bond for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that:

03.2010 2

(A) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the Contractor where the Contractor has not complied with the notice of commencement requirements in accordance with Code Section 36-91-92, Official Code of Georgia Annotated, shall have the right of action upon this Payment Bond upon giving written notice to the Contractor within ninety (90) days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done; provided, however, that: (i) the Contractor’s failure to supply a copy of the notice of commencement within ten calendar days of receipt of a written request from a subcontractor, materialman or person shall render the provisions of this paragraph 3(A) inapplicable to such subcontractor, materialman or person, and (ii) the Contractor’s failure to file a notice of commencement shall render the notice to contractor requirements of this paragraph 3(A) inapplicable.

(B) Any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the Contractor where the Contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 36-91-92, Official Code of Georgia Annotated, shall have the right of action on this Payment Bond provided such person shall, within thirty (30) days from the filing of the notice of commencement or thirty (30) days following the first delivery of labor, material, machinery or equipment, whichever is later, give to the Contractor a written notice setting forth:

(i) The name, address and telephone number of the person providing labor, material, machinery or equipment;

(ii) The name and address of each person at whose instance the labor, material, machinery or equipment is being furnished;

(iii) The name and the location of the Project; and

(iv) A description of the labor, material, machinery or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery or equipment to be provided or the amount claimed to be due, if any; and

(C) Nothing contained in this Payment Bond shall limit the right of action of a Beneficiary to the ninety (90) day period referenced in paragraph 3(A) above.

The notice required under paragraph 3(A) of this Payment Bond may be served by registered or certified mail, postage prepaid, or statutory overnight delivery, duly addressed to the Contractor, at any place at which the Contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of the State of Georgia are authorized by law to serve summons or process.

Every action instituted on this Payment Bond shall be brought in the name of the Beneficiary, without the Owner being made a party thereto.

4.

In no event shall the Surety be obligated hereunder for sums in excess of the Penal Sum. As used in this Payment Bond, the term “Penal Sum” means the amount stated as the penal sum in the preamble of this Payment Bond, as that amount may be adjusted from time to time pursuant to paragraph 5 below.

5.

The Surety waives notice of any changes to the Construction Contract including, without limitation, changes in the contract time, the contract price, or the work to be performed. If the total

03.2010 3

amount payable by the terms of the Construction Contract is increased to an amount in excess of the then current Penal Sum, then, automatically and without notice to or any action required of any party, the Penal Sum shall be increased as the total amount payable by the terms of the Construction Contract is increased. No agreement, modification, or change in the Construction Contract, change in the work covered by the Construction Contract, or extension of time for the completion of the Construction Contract shall release the Surety of this Payment Bond.

6.

No action can be instituted hereunder after one (1) year from the completion of the Construction

Contract and the acceptance of the Project by the Owner and any other applicable public authorities. 7.

Unless otherwise provided herein, any and all notices to the Surety or the Contractor shall be

given by Certified Mail, Return Receipt Requested, to the address set forth for each party below, including a courtesy copy to the Owner:

Surety: _____________________________

_____________________________

_____________________________

Attn: ________________________

Contractor: _____________________________

_____________________________

_____________________________

Attn: _________________________

Owner: DeKalb County Board of Education 1780 Montreal Road Tucker, Georgia 30084 Attn: Stephen M. Wilkins, Chief Operations Officer

03.2010 4

8. Notwithstanding any provision herein that may be to the contrary, this Payment Bond is intended to be a statutory payment bond under applicable laws of the State of Georgia and shall be so construed. CONTRACTOR: SURETY: ____________________________________[SEAL] ______________________________________[SEAL] [Typed Name] [Typed Name] By: ______________________________ By: _______________________________

[Signature] [Signature] __________________________________ ___________________________________ [Printed Name, Title and Address] [Printed Name, Title and Address] _______________________________ ________________________________ _______________________________ ________________________________ PaymentBondContractor.03.2010

AFFIDAVIT OF PAYMENT

1

State of Georgia County of DeKalb In person before the undersigned officer authorized to administer oaths came

_______________ of ____________________ (the “Contractor”), who was the Contractor in

charge of the services of _________________________________ and improving the property

owned by DeKalb County School District (the “Owner”), said property being known as

______________________.

Deponent says that Contractor has been in direct charge of the completion of services in

connection to the above property, and Deponent states that said services have now been fully

completed in accordance with the contract.

Deponent says further that Contractor has paid in full the agreed contractors,

subcontractors, suppliers, materialmen, and laborers used in providing said services and that all

contractors, subcontractors, suppliers, materialmen, and laborers have been paid in full the

agreed price or reasonable value of all labor or supplies furnished or services rendered.

Deponent says that there are no contracts pending and not yet terminated that no disputes exist

regarding contracts made in the improvements of said property and that the contract price has

been paid in full by Owner.

Deponent further says that there are no unpaid bills of any nature, for labor, material or

services for any improvements made on said property, either in the construction or repair of any

improvements thereon, and that there are no retention title contracts, bill of sale, or other

encumbrances of record affecting title to any personal property installed on said premises.

Deponent states that Contractor hereby acknowledges receipt of payment in full for all amounts

due and owing for making all of the improvements on said property aforementioned pursuant to

the said contract.

AFFIDAVIT OF PAYMENT

2

Deponent further says that he has personal knowledge of the matters herein stated and is

authorized and fully qualified to make this Affidavit.

Dated: __________________

__________________________________

Name: Title: Company: Sworn to and subscribed before me This ____ day of_________, 20____. ______________________________ Notary Public My Commission Expires: _________________