Professional Documents
Culture Documents
Out
of
P& C:
RFQ#
RFP#
Agenda Item
PSA
Change Order#
Other( specify)
GSA/ SWC #
Approved by Director:
v.
Date:
For Distribution:
Comments/ Notes:
L'
LUtJ
riAAK '
.-
aZ
S5
Date Received: `
Law Department
Log
Returned to
Numberrl5-'.. Ota" 3
Purchasing
Reviewing Attorney:
and
Contracting: '
line):
Received from
5tC
reroute(
if applicable)- Z--
Approved:
f, -4
Dlt A
omments/ Notes:
sl (ScJ 5
c3
F '
a' (
eF
5G
1k117' tji lt i4 i
Me MG
Approval as to fore: contingent upon Governing Authority approval to recommend awardee fvP recommended
Contract Price.
FOR USE BY THE USER DEPARTMENT
F?*-Ae.,
GGJ
e ice
rr
o r
Date Received:
Date Out:
Action Taken: (
Returned:
Date:
d a te
includ
signature on approved
Z yJ
line):
Approved:
Comments/Notes:
Direc
ountyClerk(
1tati.
Rc ived
Date Out
Received
Date Out
d revie )
Signature
WV
OUNlY.
Fo
D
MEMORANDUM
1844
This communication is confidential and protected by the attomey- client privilege and attorney work product rule. It is intended only for the
individual or entity to which it is addressed and should not be given to persons or entities not directly involved with the subject matter on behalf
of the County. It expresses the professional judgment of the attorney(s) rendering the opinion regarding the legal issues expressly addressed
herein. By rendering an opinion, the attomey( s) does not insure or guarantee any particular result or outcome of any transaction or lawsuit.
March 2, 2015
To:
From:
Subject:
ON
As you requested, I have reviewed the above- referenced and attached agreement. Please
III. PAYMENT, A. CONTRACT PRICE: Paragraph A starts on page 2 and then cuts
off and is restarted on page 3. Please correct this.
3.
IV. NOTICE:
a.
Please move " Executive Assistant' to the next page so that it is with the address.
b.
4.
Please take
out the
It appears that
5.
6. PERFORMANCE BOND:
amount and needs
to
be
reissued.
The
numeric amount
is
correct
but the
written
is
not.
The written amount currently states Two Million Seven Hundred and Twenty Thousand
instead of Two Million Seven Hundred Twenty Thousand and Five Hundred Dollars.
7. PAYMENT BOND: The performance bond is currently issued for the wrong amount
and needs to be reissued. The numeric amount is correct but the written is not. The
written amount currently states Two Million Seven Hundred and Twenty Thousand
instead of Two Million Seven Hundred Twenty Thousand and Five Hundred Dollars.
8. BID BOND:- The full.sum of the amount is not written in the appropriate line_of-the:first_,
paragraph.., Add_itionally,,no one attested to Barry Benuett' s signature. so you will have to
get it reissued. Normally, I would tell you to get a letter from the insurance company
stating that the amount was.incorrectly left out-and what the actual dollar amount for-thebond is._However, as stated above, since no one attested to Barry Bennett''-s signature you,.._
fourth
paragraph "
in the
10%)
of
the
above
Bid, to
wit: $
10%
Amount Bid." The amount must be written in. You may just put it in parenthesis next to
10%
Amount Bid" but please let contractor know that you are doing this and have
LB/ lb
cc:
Between
ADDENDUMS
AND
CONTRACT
RELATED
INFORMATION
vourarr.
FQ
OFFICE
OF
DEPARTMENT
OF
AND
IRCIIASING
COINTRACTI
DIRECTOR
NG
1822
2" Floor Maloof Center, 1300 Commerce Drive, Decatur, Georgia 30030
TO:
FROM:
Invitation to Bid ( ITB) No. 14- 100398, Water Meter Installation in DeKalb County,
Georgia is hereby amended as follows:
The Pre-Bid.Conference is rescheduled.to June 24, 1.014 at 10: 00 am.. The location is
the Clark Building; 330 W. Ponce De Leon Avenue, Conference Room B.
1.
The contact person for this project is Kimberly Lyons. Ms. Lyons can be reached via
2.
4.
All bidders under this Invitation to Bid are kindly requested to acknowledge receipt of this
Addendum in original only.
i
cot
Callan, CPSM
Date:
14
G-
Signature)
Addendum Tic. I to T1 B No. 14- 100398
Water imeter Installation
YB:kml
Title) -----
AGENDA
3. WorkforceDevelopment
Rudy
Chen, Assisa RDirector of EngineeringAsset Management
Description of Project
Project Key.Points
5. Submission of Questions
6. Conclusion and Adjournment
All questions orinquiries pertaining to the project are due no later than 5:00 P.M. June 30, 2014
All replies will be made inwriting via addendum. Oral responses are not authoritative.
Bids are to be received at the following location no laterthan 3:00 P.M. on July 15, 2014:
Department of Purchasing and Contracting
The Maloof Center
Questions must be submitted to the Department of Purchasing and Contracting in writing by one ofthe
a- mail
to
5: 00 p. m. EST
coniractsreview ,
on
e_
ppUNTy.QFO
cS
OFFICE
DEPARTMENT
DIRECTOR
CHASING AND
CONTRACTING
t%
TO:
FROM:
ADDENDUM NO. 2
Invitation to Bid ( ITB) No, 14-100398, Water Meter Installation in DeKalb County,
Georgia is hereby amended as follows:
1.
The Bid Due Date has been extended to August 12, 2014 at 3: 00 P.M.
3.
The contact person for this project is Kimberly Lyons, Contract Administrator. Ms. Lyons
4.
5.
All bidders under this Invitation to Bid are kindly requested to acknowledge receipt of this
can be reached via telephone at( 404) 371- 6242 or via email at klvons @dekalbcountvea.ltov
Addendum in original only.
tt M: Callan, CPSM
Date:
7/ 11/ 2014
Title)
Signature)
0.G0UNTy.01O
OFFICE .
o
DEPARTMENT
OF
OF
DIRECTOR
RCHASING
AND
CONTRACTING
0 tO
DeKalb
County
Government
a 30030
TO:
FROM:
ADDENDUM NO. 3
Invitation to Bid ( ITB) No. 14-100398, Water Meter Installation in DeKalb County,
Georgia is hereby amended as follows:
The attached list of questions and answers is provided for your information.
I.
2.
The contactperson for this project is Kimberly Lyons, Contract Administrator. Ms. Lyons
can be reached via telephone at( 404) 371- 6242 or via email at klyons@ lekalbcountvea. Qov
3.
4.
All bidders under this Invitation to Bid are kindly requested to acknowledge receipt ofthis
Addendum in original only.
M: Callan. CPSM
ACKNOWLEDGMENT
yb
QUESTION:
1. Gplain the" Unit Pr ce with Materials" column for each line item?
ANSWER:
The unit price with materials( means) the labor and materials re.qu red by the bidding Contractor for
the complete installation of meters.
QUESTION:
2. For the" Unit Price with Materials" column, please provide a list of materials for each Item
Number listed?
ANSWER:
The unit price will include all necessary fittings for the installation of 34" and 1" water
meters ( see example below)
1) touch read water meter
1) 3
x 12 meter coupling
1) W' gate valve
All strap saddles and direct taps will be determined by the type of water main being tapped
lease note this is only an ample the same materials will 82PIy for l" meters as well
QUESTION: 1 Would the County consider providing water meters, copper hlbing,,boxes at lids, and fittings in
all gases when necessary?
ANSWER:
QUESTION:
ANSWER:
QUESTION: 5. Far the lack or Bore, will the County pay for the copper in addition to the distant bored?
ANSWER:
Tile jack and bore will also urclude the can iei pipe. we will pay for copper instulled outside of the
jack artd bore.
QUESTION: 7. Since there is a Unit Price with Materials included in the Unit Price Form, would that include
asphalt and concrete?
ANSWER:
Asphalt and
pay items.
CpnNTY.
OFFICE
DEPARTMENT
OF
OF
DIRECTOR
HASING AND
CONTRACTING
O tit%
County
DeKalb
Government
a 30030
TO:
FROM:
Invitation to Bid ( ITB) No. 14-100398, Water Meter Installation in DeKalb County,
Georgia is hereby amended as follows:
The Bid Due Date is
1,
extended
can
telephone at(
eached via
contact
2.
orovia emil
3.
4.
All bidders under this Invitation to Bid are kindly requested to acknowledge receipt of this
Addendum in original only.
M: Callan,
Acting 010f
Procurem
Department of
Purchasing
ACKNOWLEDGMENT
Date:
R/ 2612ma
Signature)
Addendum No. 4 to ITB No. 14- 100398
Water Meter Installation
YB:kml
OF BIDDER)
eniOfficer
President
Title)
and
ContraetinS
COUNTY. 0.0r
0022
MEMORANDUM
O:
ROM:
1ATE:
UBJECT:
I TB REPORT
14- 100398
Water Meter Installation
t 26, 2014
Au
TB Number
TB Title
lid O
enin
Date
Cotal Number
Pentronia Burch
Bids
staff Recordin
ontract
Felton Williams
Bids
staff Readin
of
Bidders
Kimberl Chambers
Administrator
Low Bidder
LSBE Partici
20%
ation
Yes
BIDDER AND
CORRESPONDING BID
m,
X10
4Name
a!
r{"
Btdder
of
Usmga
h.
L" s
nTota!
> .,
Steele&
',
Price
a
a '"
y,
'
4zi:
Were;
i.
x. .
7,
UR.,.w:'.
IOWA,
el lb t.
a.
'
a.
s
V,
SLLIIS
F' zk.c iyr3"' +rtit"
Jl `
x' P+.
5'eftltlQ+3
s{ '.,
xr.:.
mr
MIIL' YtD
x: ` LSBE,
5:
u3
S"
kywynu Matertals)
4*
E4
w'
Krt
hF
h
sera
r' :-,'
zuZ,
C'
o-.
C
n
x;,.,.r:
oEl.
m .
n ...
NONE
2, 493, 375. 00
Associates
NO
NO
YES
NO
DD Sewer Inspection
Services, LLC
Meter Installation
15% LSBE-DeKalb
Materials
Metals&
Urban
2, 720, 500. 00
Utility
Services LLC
Meter Installation
Engineers
5% LSBE-DeKalb
Total LSBE Participation
20%
Notes:
1) BiBidder
dder stated
1 did notthat"compl
ete page 24 LSBE Exhibit A and completedpage 25 Checklist ofGood Faith Efforts.
RFPs were sent to various certified LSBEs via email or fax'. Bidder' s supporting
documentation
of the
consisted
companies
listed
titled"
of a chart
on the chart
LSBE
revealed
subcontractors contacted
that
t1h3e
with request
for
check
quotation".
indicated
attempted to respond to Bidder' s request for quote but their correspondence was never returned; 3 firms were no
longer in business during the time Bidder 1 would have contacted them for a quote; and 1 firm indicated that
they did
not
respond
to the
request
for
quote.
K'..
cc
C6
qq, !
00
ri
cm
c X,
FYI
g
N
low
W K z
iil i
Invitations To Bites
ITB
LSBFs-DeKaib are ceriificd by WtCounty and must be located within DcKalb County. Prime contractors utilizing LSBEsDeKaib shall receive ten( 10) percentage pointsbr a ten( 10) percent preference in the initial evaluation of their response to any
Request for Proposal or Invilation to Bid.
LSBEs-MSA are certified. by the County and while- located- outside DeKaib County, must be located within tile Metropolitan
Statistical- Arch WSA): consisting of Chetokee,- Clayton, Cobb, . Douglas,. Fayette, Fulton, Gwinnett, Henry and Rockdale
Counties. Prinie contractors utiiir:Ing LSBEs-MSA shall receive five( 5) percentage points of a five( 5) percent preference in the
initial evaluation oftheir response to any' Request for Proposal orinvitation toBid,
For eligible Projects over 55, 000,000.00, tine Acting Chief Procurement Officer of the Department of Purchasing and Contracting
will determine if the Mentor-Protdgc provisions oftheLSBE Ordinance will apply.
Benchmarks and Good Faith Efforts-. .
For all qualified sesed' solicitetions, as that term is defined in the LSBE Ordinance, the Acting Chief Procurement Officer of the
Department of Purchasing and Contracting shall determine if the Bidder or Proposer included written documentation showing
that at least twenty percept( 205511.) ofthe total contract award will lie performed by a catifted LSBE. If this twenty percent( 20%)
benchmark.is not achieved,, thcil the Acting Chief Procurement Officer of.the Departmeid of Purchasing and Contracting shall
detcrmine if the Bidder or Proposer has exhausted its good faith efforts as delineated in The LSBE Ordinance. Contractors failing
tooled the LSBE benchmark must document and demonstrate good faith efforts or risk having theirBid or proposal rejected.
LSBE Exhibits A and B are the required`documents to be submitted with a Bid or Proposal
At the time u. Bid or Proposal is submitted to the County, the Bidder or Proposer shall submit LSBE. Exhibit A, which includes
the notarized affidavit showing ISBE-Participation, Checklist:of Good Faith Efforts, and Statement of Compliance, and L813E
Exhibit B, the. signed letter of intentional each LSBE-DoKaib or LSBE-MSA deseribing` the nature and dollar value or
percentage of the work, material, equipment and/ or services to be performed or provided by the LSBE(s).
LSBE Exhibit C is the required document to be submitted after execution of the Contract with each payment request-
After execution of the. Contract, prime contractor^ are required to submit with each monthly request for payment the LSBE
Exhibit C. which is a report:detailing LSBE usage. LSBE Exhibit C requires prime contractors to certify,that all Subcontractors
have been paid within seven( 7) days of the primelcontractor' s receipt of payment from the. County and includes an LSBE
subcontractor' s detailed report of their subcontracting activity for the Contract. Failure to fully earn late and timely submit
LSBE Exhibit C, any other requested documentation for LSBE participation and proof of Subcontinetor payment may constitute
a material breach of contract, entitling the County To. terminate the Contract for default or pursue any other available remedy.
LSBE Exhibit D is the current DeKaib County List of Certified LSBE Vendors-
The Chief Executive Officer and Board of Commissioners of DeKaib County desire to. provide maximum practicable opportunity
for all businesses. to psriicipate in the performance of govemmert conUacts, including minority- owned business enterprises
M1313) and wumen-owned business enterprises ( WBE). To achieve Ibis purpose, the County would like to track and record
information about puriicipating vendors, LSBE, Exhibit A tracks who performs work and renders services to the County.
Contractors are requested to indicate whether they are a MBE or WBE and list the level of participation by subcontractors
designated as such on each qualified sealed solicitation.
Failure to complete and submit this entire form will result in your bid being rejected.
23
i SRE Exhibit A
1.
LSBE=MSA
LSBE- DcKalb
Iftheprime bidder/proposer is a ceuified LSBE, please indicate below the portion ofwork( including thc percentage of NIA
2.
the!. mount Bid/ proposal) that the firm will carry. out directly:
Ifthe prime bidder/proposeris ajoint venture, plculse describe below the nature ofthejoint venture and level of work NIA
3.
and fillanciai participation to be provided by the I IS) W incirber(s) ofthe joint venture..
LSBE.Subcontractors andfar firms( including suppliers) to be utilized in perJgrm-mree ofthis contract, ifawarded. No
changes can be trade in thesubcmitmctors listed below without the prior written approval ofthe County. please attach a
signed letter of intent from all certified i.SBI's.describing the Work, materials, equipment or services to Ire performed
and/ ofprovided and the agreed:upon dollar.vuluc or percontagc of award and signed by the prime bidder/proposer and
4.
Natno of.
suborrtrachn
Address
Contact
Derron Donaldson
Persoson
Fax
Nmnc cf
subontractor_
Address-___
Contact
Anthony
pe1sor,
l:
Pax
Check
all
that apply:__
item
ma; t
LS131 &
Type of WmlJCOnunct
Anenih
Please make topics ofthus page to list additional LSBE, MBE or WBE subcontractors andior fnits( including suppliers) to
be utilized in perfoi mance.of this contract, ifawarded.)
N/ A
A Bidder or Proposer chit does not meet the County' s LSBE participation benchmark is required to
demonstrate That it made" good faith efforts" Please indicate whether or not Any of the following actions
were taken.
Yes
rde
2.
Provided interested LSBEs with timely, adequate information about the plans,
specifications, and other such requirements of the Contract to facilitate their
quotation and conducted follow 4to initial solicitations.
Provided : written notice to LSBEs that their interest, in subcontracting
opportunities or furnishing supplies is solicited. Provided a contact log showing
the name, address, email and contact number( phone or fax) used to contacttlie
4.
Efforts were made to divide the work for LSBE subcontracting in areas likely to
5.
G.
7.
9.
rather actions
This list is a guideline and by no means exhaustive. The County will review these efforts, along with other
documents, towards assessing the Bidder/Proposer' s efforts to meet the County' s LSBE benchmark. If you
require assistance in identifying certified LSBEs, please contact the Department of Purchasing and
Contracting, CodlractCompliaiiee Division at contracttn)dekalbcountveasov or 404-371-( 1395. A copy of
the current list of LSBEs certified by DeKalb County is attached to this solicitation and is available on our
website at wwcv tiekalbcoiiiitvaa.gov. .
Failure to complete and submit this entire form will result in yoar bid beine rejected.
25
Bennett
Bar
mscrfhmne of Contractor) hereby state that I have read and understand the requircmens of the
I SBE Ordinance and good faith efforts were made to pro vide the maximum practicable opportunity for the. utilization of
LSBEs consistent with the efficient rind economical pntbrmance of this Contract: Contractor andany Subcontractors agree to
file compliance reports at reasonable times and intervals with the County in the form and to the extent prescribed by the Acting
as
Chief Procurcmen( Officer of the Department of Purchasing and Contmeting.. Coinplinncc reports- Fled such
dirocied
shall contain infonnatioin as to the employment practices, policies, programs and statistics of Contractor and all
Subcnntracl ors.
at
t.
During the performance ofthis agreement, Conuactor agrees to conform to the following non- discrimination
policy adopted by the County. - -
b.
Cailrnclor-shall not discriminate against any employee or applicant for employment becousoof race, color,
religion; sex, iiational origin, or disability. The Contactor will take action to ensure thut: applican are
employed,-and tlic employees ive treated-during employment without regard toiheir race, color, religion, sex,
national origiq or disability. Such action shall includo, but iiot be limited hi:
1)
C.
regard
I)
2)
shalt include,
Contractor agrees to p sl in etin iiicuous places available to participants ia - Its programs and
subject of the Cont aci, state that all qualified upplicars will receive oinsideration for participation
2.
The
Commitment
helshe has
be It
accompanying Exhibits and other terms and conditions of the invitation to bid and/ or request for proposal regarding LSBE
utilicatiol., ' 11le undersigned further certifies tha. he/she is legally mahorized, by. the Bidder or proposer to snake the
statemenisand represciatations in LSBE Exhibit A and that said statements and representations are uae.and-correct to the best
of his/ her knowledge and belief. The undersigned will enter into formal agieetient(s) with the LSBE(s) Hi ted in this LSBE
Exhibit A, which are deemed by the Count to be legitimate and responsible LSBEs. .Said agrecrnent(s) shall be for the Work
pursuant to the Contract with. the County, The undersigned understands and agrees that if any of'.its statements and
reprCsentations me made knowing them to be false, or if then is a failure of file Contractor to implement any of Ihe. stated
agreements, intaniens, objectives, goals and commitments act forth herein without prior approval of the County, thou in any
such event the Contractor's actor failure to act, as the case may be, shall constitute a material breach ofcontract, entitling the
County to terminate the Contract for default. The right.to so terminate shall be in addition to, and. not in lieu of,any other
i fights and remediestlic County ray havefor other defaults under the Contract. Additionally, the Contractor will be subject
to the loss of tiny future contract awards by the County for a period of onc,ycar.
---
Garry Barnett,'
Namcmid Title of Officer:
Aggust11, 2014
Date Signed:
NOTARY: -
Swot'
Nara
andsubscrihed. to)
aforeinr,this
11dayof, August
2014:
uhli
NtyConnmesre Expire,
'( .,.-
Failure to ccmnicle and subruil this entire form iKitt result in vaur bid being reiecled.
26
EXHIBIT B"
To:
of
Sabcontmetor. Firm)
Project
Description
of
Materials
or
Services
Installation
Water Meter
of
Commence
Contract
Date
Award
TBD
15%
Estimated
Dollar
Amount
175, 000. 00
fltfs'form is usedfor MRS only and Wilke rejected ifitems with an asterisk are left blank.
Daieo
Y-
Sub Contractor
r
Sianxture:
1111
President
8111/ 2014
112_._._
Title:
CEO
Date:
811112014
Pfease Snhatit this 14 opitltttary] ruin 14th Hid Documents _COMPLETION Ok" rtit5 Khi
I .
FY) RM IS MANDATORY
E a1FeI:' e to Coninlefc and suitor it this entire form may result in v_aur didlord posy.; ucirrd re' c.. ted
G7
EXHIBIT B"
al
of
Snbcoatractor Firm)
Ckeek
I teat ppph ;
services in
or
services to
be `
Des erl'
rfontied' or
tionofM ate
ke
rojcot .
Cvmmegec.
Dater
or Services
Water- Meter.Installation.
in.
rovided :
ms, mafegala,
t of
Contract
Agard
TB.D
15%
Btdmatw.
Do11a>
ae
$ 408550
MME
E1
Signature:
Signature.
Title:.
President . -'
Dater
8/ 11/ 2014
11111e:
k
CEO
Please
Submit this Mandatory
Furm with BidDocuments
COMPLETION
THIS
OF
Failure to cog
mit this entire form may relult in voar bih/ roaoml being rejected
27
nusrr.4F
Bnildiog
drkolbga. a
va.co.dikalbgo.nf
February 7,.2013
Mr. Darron Donaldson, President
Re: CERTIFICATION:
will serve as
o( h.....
a peFf fioatlon)
certtficatioon status
lit
1 yuitlr
two ( 2) years from the date of this latter. To apply for re-certification, you must submit a Notarized
Applieation for Certification at least sixty( 60) days prior to expiration ofthe two year period.
1s1
asrin
this
program.
the
All
n e
certiTrntl^n> rvrtod
in 0aff-
anise
be
nr
or con
! [
Failure to
keep this office notified will result in your company's removal from our list ofcertified vendors.
Certification does not guarantee any present or future contracts with DeKelb Comity. All registered vendors
must take the necessary stepsto becomea partofthe County's procurement process and bid competitively
for business. Supplier Registration Forms are available in our office and online at
htrp,// www dekalbaountvaa
xov/o
ssinp,/fidsAndRFPs.htm .
We wish you continued success in your business endeavors. Ifyou have any questions or require further
assistance, please do not hesitate to contact our office by telephone at( 404) 371- 6395 or by email at
contract(ad-ekalbcountvua ggv.
EXHIBIT B"
To:
of
S U I36P
Snbcontractor Firm)
Ka16
sae
Check all that appO
The
undersigned is prepared to perform the following described work or provide materials or
services iii connection with the above projtzx( specify in dedal.
or services
to
be.
grtt ed or
vetted :
Project
Commence
Data
Desert' tionorMateriaWar.Services
of
Dollar
Award
Amount
5%
58000.00
tt
I 0*
BaHmated
Contract
TBD
Sub Contractor
4.,y+
Sitbtature:
President
Title
i/Vvy
RES I D tAJ . i
Date:-
t-
r t
co
COMPLETION
OF THIS NTiRE FORM3S MANDA 130RY
late. d
this entirefoni
submit
27
r'eaulf in
our
elide - ro
I belpe re acted
I; XIiIIIIT B"
ntr
cor,Firm)
eek
all thatApply)
Y)
The undersigned is prepared to perform the following described work or provide materials or
serviservices
ces in toconnecti
on withorthe rov
above.proj
or
be erfonned
ded ect (specify m detuil, particular work items, ma#erials,
DeSeri tion
of
Project
Commence
Matertats. or Services
of
Date.
WaterMeter Installation
Contract .
Award
TBD
5%
Estimated
Dollar .:
Amount
136, 200. 00
7Ytts form is sedfor tT21s au/y and willPe rejected jiten s wllb an asterisk are! e,j!bldnk. ...
Contractor
MME :
Sub
a-+^.
Title:
President
Date:
8/ 11/ 2014
Contractor
DD Sewer
iggatur
Title:
President
Date:
8/ 11/ 2014
com
COMPLETIONthis
OF THIS fora'
ENTIRE FORM is MANDA`fOltY
lete
aria slitinlit
entire:
ma
result
in
our' bid/
ro oal being
rejected
27
DUNry. oe
N22
Administraiou Building
oof
0 Commerce Drive, 2nd Flonr
w, vw.co. dekalb.ga.us
CERTIFICATION:
Congratulations. Your company meets the requirements for certification as indicated above. This letter
will serve as proof of your re-certification status. Please attach a copy of this certification letter with
each bid or proposal that you submit as a prime or sub-contractor. Your firm will be re-certified for
a period of two( 2) years from the date of this letter. To apply for recertification again, you must submit
a Notarized Application for Recertification at least sixty ( 60) days prior to expiration of the two year
period.
Please be advised, Contract Compliance reserves the right to schedule on- site inspections of any business
certified under this program. Any change in ownership or control of your business address o_r telephone
lislin)z(s) during the certification period must be promptly reported to Contract Compliance. Failure to
keep this office notified will result in your company' s removal from our list of certified vendors.
Certification does not guarantee any present or future contracts with DeKalb County. All registered vendors
must take the necessary steps to become a part of the County's procurement process and bid competitively
for business. Supplier Registration Forms are available in our office and online at
htLp:// www.dekalbeountyga.,gov/purchasing(BidsAndgEs.litm .
We wish you continued success in your business endeavors. If you have any questions or require further
assistance, please do not hesitate to contact our office by telephone at ( 404) 371- 4795 or by email at
contract @ dekalbcoumv ea. eov,
Sincerely,
FULTONCIUNTY
ACCOUNT: 187321
Oi
Business Tax Office
If you do not receive your permanent certificate within 30 days please contact our office immediately at the above
telephone number. Occupational Tax Certificate expires December 31, 2015
FULTON COUNTY
Date Issued
License Number
Expiration Date
1501025624
ATLANTA, GA 30336
ATLANTA, GA 30336
BUSINESS
BUSIN
ACCOUNT
TYPE
NUMBER
NAILS DFSCR
187321
Engineering Stirvices
iT ON
PRIMARY
NUMBER
541330
BY:
SHARON WHITMORE
RDS
Issuing Authority
Quatiotn regarding this certificate should be addressed to RIDS at( 900) 556-7274
CONSPICUOUS LOCATION
pOST THIS CERTIFICATE IN A
FEE
CLASS
14
STATE OF GEORGIA
I-
Utility Contractor .
Status: Active
30/ 2015
99/
Expires: 4/
issued:
4p/ 004I
STATE OF GEORGIA
Materials Engineers
039 Industrial
GA
ISuwanee
issued. 4/ 9/ 2004
Expires 0308015
Real- time license"
lineation
is
available
at sos
em
ta. Sol
PLB
6a
The DeKalb County ' First Source Ordinance requires contractors or beneficiaries of eligible: projects
entering into any type of agreement with the County, including purchase orders, regardless'of what they
may be called, forthe procurement or disposal of supplies, services, construction projects; professional. or
consultant services, which is funde& in whole,or part with County funds or County administered funds in
which the contractor is.to receive$ 50,000 or more in County expenditures or committed expenditures and
recipient of urban redevelopmenfaction grants or community development block funds administered in
die amount of$50, 000 or more. to make a good faith' effort to hire. DeKalb County residents for at. least
50%
created using the First Source' Registry( candidate' database) within one hundred twenty(: 120)
days of contract execution. The work to be performed under this' eontraet is subject to the provisions of
the DeKalb_County FirstSource Jobs Ordinance. All contractors will be asked to submit copies ofactive
payroll registers on a monthly basis to verify compliance. The undersigned acknowledges and agrees to
comply with. the provisions of the DeKalb County First Soure Jobs Ordinance.
CONTRACTOR OR IIENE,FICIARY]
INFORMATION-
Title
4041505- 0099
Telephone
bbennett(& rnmelab.com _
Email
2.
How many incumbents/ sxisting employees will retair.jobs due to this contract?
openings
DeKalb Residents:
do
you anticipate
filling
related
to this
contract?
1_
Please return this form to Workforce Development, fax( 404) 687- 4099 or email to
snewsonte(), dekal6cootntysa. eov.
21
JSL
i'e'
atildl CyS
Ft
rC[)
peJfcr n* the.
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n6
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Anthony
d
E 3reuS,
E, Tift t;
r )'
1 P n linter
iC and, C?nf .: t p0iiod wil'.`CNYi verify jiour el j)CI' J J: CC ffild! i d ' fy ti7
iy{,e o-- a :
Nat, u
DeKalb County Watershed Management
5Cc,
has
Wade
am,Ti11r
Davis,. role
312013 - Ongoing
--
Telephone
p . one
Manager
uzcjurfe
area
---
- --- - -(
City
II
i GA
Mate
Stone
u.
Cc -
--
30083
Mountain
uinaiiAddress
ax
awd_
avis @dekalbcountyga. gov
, jr,
laber(
fnciude area code':
Company Naive
City
of
Atlanta.
Dept.
ct
Watershed Mgmt.
of
it}
Rhonda Crenshaw, Projec? Manager
and (
I-mail Address
JA
7- 2012
one
Number nicfuJa area r;ode)
602 4454
a
III bCJ'
GA
30318
1 ndode
area
658_6637 -
NaEpe
Gwinnett
and
Contract Period
County
5 itfe
7/ 2010 - 712014
----
rzie>hone Numb' (
376- 7061
678)
---
CE w
Lawrenceville
Langley Drive
State
GA
Iij;;. c e
30046
Fax Number
Project Nan7e Repair& Replacement of Water Service Lines & Tnstelfattonl Replacement of
mew&-Exj ting-Water-Metes-onan-Annual-C-otract__
T2- F
e,
sz
N-
i'
Zt-LfASES1A FTYf
IQN'T'
Utt a?'6 SL, iIUI ? e;i tU Cr;iliaC: t IC J . fM.l' CitCvh pru ideri abn P fCr l0 iOSGS; if tjll; ii,'P.
itlr,
Mahn i
1411' '
4- 1411-770) 724
President
Td
ACKNOWLEDGEMENT OF BIDDER.
I . .Barry Bennett
have reviewed thisTid Document Package dated August 11 , 20_14 in its entirety
and I
agree' that it
is
Ban
ain duly
and properly in office and I am fully authprized and enipiiwered to execute this
accurate and complete.
Bennett
py:
SEAL)
Si nature
Barry Bennett
Title
Name of Business
58- 2644343
ATTEST:
signature
Carla Malerba
Title
ADVERTISEMENT FORBIDS
DEKALB COUNTY, GEORGIA
Sealed Bids will be received by DeKalb County, Georgia, in the Department of Purchasing and
Contracting, The Maloof Center, 2"d Floor, 1300 Commerce. Drive, Decatur, Georgia 30030,
until 3: 00 p.m. on 15th day of July, 2014, at which.time and place they will be publicly opened
and read aloud, for furnishing all labor, materials, equipment, and all things necessary pursuant
to Drawings, Specifications, conditions, etc., for ITB No. 14- 100398-V4' ater Meter Installation
the Project").
Contract Documents, Drawings, and Specifications for this Work are on file and open for
inspection at AGC Builders Exchange, 1940 The Exchange SE, Suite 300, Atlanta, Georgia
30339 ( or at the AGC of Georgia Internet Plan Room at www.agcga.org); National Association
of Minority.Contractors Atlanta Chapter, 4251 East Side Drive, Decatur, Georgia 30034; Reed
Construoti.on Data, 30 Technology Parkway South, Suite 100, Norcross, GA 30092; and the.
Department of Purchasing and Contracting, The Maloof Center, 2id Floor, 1300 Commerce
Drive, Decatur, Georgia 30030. A complete set of documents may be obtained from The
Department of Watershed Management, 1580 Roadhaven Drive, Stone Mountain, Georgia
30083.
A. nonrefundable payment of$ 20 is required for a complete set of said Bid documents. Bids
will be considered only from experienced and well- equipped contractors.
A mandatory pre- bid conference will be held at 10: 00 a.m. on the 17th day of June, 2014 at 330
West Ponce de Leon Avenue, Decatur, Georgia 30030 First Floor, Conference Room A and a
4
rnaruiatory site vt.,ii will be meld e, 12 i0 p.m. on the 1.7`' day.of June 2414 at' The Claris
111arrison Buiiding in Conference Room A located at 330 \ Nest Pence de Leon avenue, Decatur,
Georgia 30030 . Bidders are rf:quired to attend and participate in the pre-Lid conference and site
visit. For rrifcinnation regarding the pre-bid conference and site visit, please contact Kitriberly
Lyons, Contract Administrator at 404-371- 6242 and klvolus(a dekalbcounty 1a. oV.
QUESTIONS
All questions concerning the Project and requests for interpretation of the Contract may be asked
and answered at the pre-bid conference; however, oral answers are not authoritative. Questions
must be submitted to the Department of.Purchasing and Contracting in writing by one of the
following
methods:
in person
at the
Maloof Center,
2nd
Georgia 30030, via email to contiacisreview0a dekalbcountyaa.r ov or via facsimile.to 404- 3716327, no laterthan close of business on June 24, 2014. Questions and requests for interpretation
received by. the Department of Purchasing and Contracting after this date will not receive a
response or be the subject of addenda.
No Bid may be revoked or withdrawn until sixty ( 60) days after the lime set for opening the
Bids.
THE COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO
WAIVE INFORMALITIES IN BIDDING, AND TO RF,ADVERTISF,.
This 12th day of June, 2014.
co
C'
u, CPSM
KNOW 8LL MEN |\ Y] l] EXEyIMS[ N IS, thui we, Mu, b& Nxic/ il| s [/ gi/ mr s, | 1A:
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with security satisfactory to DeKalb County and furnish satisfactory proof of the .
insurance required, then this obligation to be void; otherwise, to be and remain in full
force and virtue in law; and the Surety shall, upon failure of the Principal to comply with
any or all ofthe foregoing requirements within the time specified above, itrnnediately pay
to the aforesaid DeKalb County, Georgia, upon demand, the amount hereof in good and
lawful money of the United States of America, not as a penalty, but as liquidated
damages.
IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be
duly
day
this
of
Sy Y
PRINCIPAL
Fes"
By:
Signature of
SEAL)
rincipal
Corporate Secretary
SURETY
m
Byj
SEAL)
35
20_ L
ouarr.
e,
sFOC
Address_
Phone Number
Pax Number
404) 505-0089
ype of
approximate number of
Einployee( s) or
Position( s)
Pipe Fitter/Layer
employees you
you anticipate
anticipate
hiring:
hiring:
DEKALB COUNTY
STANDARD FORM
NUMBER 7
CONTRACT
FOR
CONSTRUCTION
BETWEEN -
l No I S
STATE OF GEORGIA
COUNTY OF DEKALB
THIS CONTRACT,
made as of this _
I. SCOPE OF WORK
A.
The term " Work" means the construction, labor, materials, equipment, tools, machinery,
testing, temporary services
administration, coordination,
planning, insurance, bonds, transportation, security, and all other services and things
necessary to provide the County with the facilities, improvements, features, and functions
in strict conformity with the General Requirements attached hereto as Attachment A, and
as described in the Specifications and the Drawings included in the Bid Document
Package. The Contractor agrees to complete the Work in a good, firm, substantial and
project entails
2)
B.
Unless otherwise stipulated, the Contractor shall furnish all of the Work in accordance
with the Contract and all incidental work necessary to complete the Project in an
acceptable manner, ready for use,
The
occupancy, or operation by the County.
Contractor
shall
be
responsible
for
the
entire
Work
and
every
part
thereof.
Contract Time. The Contractor shall commence the Work under this Contract within
ten ( 10) days from the date on the Notice to Proceed. Contractor shall fully complete the
Work within Three Hundred Sixty Five ( 365) days from and including the date on the
Notice to Proceed. If the Change Order only seeks to extend the Contract Time, it may
be approved and executed by the DeKalb County Chief Executive Officer or his/ her
designee and the Contractor in accordance with the terms of this Contract.
B.
Contract Term. As required by O.C. G. A 36- 60- 13, this Contract shall commence
immediately upon the execution date. This Contract shall ( i) terminate without further
obligation on the part of the County each and every December 30, as required by
O. C. G. A. 36- 60- 13,
termination provisions of. this Contract; ( ii) automatically renew on each January l',
unless terminated in accordance with the termination provisions of this Contract; and
iii) terminate absolutely, with no further renewals, on December 31, 2016 , unless
extended by Change Order adopted and approved by the DeKalb County Governing
Authority and the Contractor in accordance with the terms of this Contract.
C.
Liquidated Damages. The Contractor acknowledges that time is of the essence with
respect to the Work governed by this Contract. Contractor acknowledges and recognizes
that if it fails to achieve Substantial Completion of any portion of the Work within the .
Contract Time as may be extended in accordance with the terms of this Contract, the
County will sustain substantial losses as a result of such failure. The Contractor further
acknowledges that the County will suffer damages that are difficult if not impossible to
accurately estimate. Contractor shall pay liquidated damages of Five Hundred Dollars
500.00) for each day that Substantial Completion of the Work is delayed past the
Contract Time. The Contractor agrees that the foregoing rate is a reasonable pre-estimate
of the probable damages that the County will suffer if Substantial Completion is delayed,
and said daily rate is intended to compensate the County for its damages and is not
intended to penalize the Contractor for its delay. The County may deduct such liquidated damages from any unpaid amounts then or thereafter due the Contractor under this
Contract. Any liquidated damages not deducted from any unpaid amounts due the
Contractor are payable to the County at the County' s demand, together with interest from
the
date
of
the
demand
at a rate equal
to
per annum.
III. PAYMENT
A.
Contract Price.
County shall pay the Contractor the Contract Price, which is an amount not to exceed
Two Million Seven Hundred Twenty Thousand Five Hundred Dollars ($ 2, 720, 500.00),
unless changed by written Change Order. in accordance with the terms of this Contract.
The Chief Executive Officer or his/ her designee shall have the authority to approve and
execute a Change Order lowering the Contract Price or increasing the Contract Price so
long as the amount of each Change Order increasing the Contract Price does not exceed
2-
twenty
thousand
or
ten
percent
10%)
whichever is less. Any other increase of the Contract Price shall be by Change Order
adopted and approved by the DeKalb County Governing Authority and the Contractor in
accordance with the terms of this Contract.
B.
monthly, based on the value of Work completed as determined by the County, plus the
value of materials and equipment suitably stored, insured and protected at the
construction site. The Contractor shall submit a payment request for Work completed
during the preceding calendar month to month for review and approval on or before last
day of each month. If approved by the Project Manager or Designated Representative, the
approved amount, less retainage, shall be paid to the Contractor thirty ( 30) days after the
date the approved payment request is received by the County finance department. If a
payment request. is not approved by the County, then no payment shall be made to the
Contractor until after the Project Manager or Designated Representative approves the
Ten
percent (
value of
fifty
percent (
50%)
fifty percent ( 50%) of the Contract Price, as described above, becomes due
and the manner of completion of the Work and its progress, quality, schedule are
reasonably satisfactory to the County, and there are no outstanding claims by the
Contractor, Subcontractors, lower tier subcontractors, as that term is defined by
state law, or Suppliers, the withholding of retainage shall be discontinued.
3)
When
unsatisfactory
or
each
for
request
schedule,
may be
withholding
resumed.
of
ten
percent (
10%)
of
of the value of each item, as determined by the County, shall be withheld until
such items are completed.
4)
The Contractor shall within ten days from the Contractor' s receipt of each
payment from the County pass through payments to Subcontractors and shall
reduce each Subcontractor' s retainage in the same manner as the Contractor' s
retainage is reduced by the County. The Subcontractor shall, within ten days
from the Subcontractor' s receipt of payment, pass through payments to lower tier
subcontractors and shall reduce each lower tier subcontractor' s retainage in the
same manner as the Subcontractor' s retainage is reduced.
3-
5)
Contractor and County agree to abide by all applicable provisions of Georgia state
law concerning retainage, including but not limited to O. C. G. A. 13- 10- 80 and
13- 10- 81. If the terms of this contract concerning retainage conflict with state
law, state law governs.
6)
required
paid to the Contractor when the Project has been completed within the time limits
specified and for the price specified in this Contract or in change orders approved
in accordance with the terms of this Contract, upon the County' s receipt of
certification by the engineer in charge of the Project in the manner and form
required by O.C.G. A. 13- 10- 81.
C.
Payment Requests and Invoices. Payment Requests and invoice( s) must be submitted
as follows:
1)
2)
3)
Report to:
County
Department
of
4-
D.
Title. All equipment, materials, and Work covered by partial payments shall, upon
payment thereof, become the sole property of the County, but this provision shall not be
construed as relieving the Contractor from the sole responsibility for the care and
protection of equipment, materials, and Work upon which payments have been made, or
Final Payment. Within sixty ( 60) days after the Work is fully completed and accepted
by the County, the balance due hereunder shall be paid; provided, however, that final
payment shall not be made until said Contractor shall have completed all Work necessary
and reasonably incidental to the Contract, including final cleanup and restoration.
Acceptance of the Work and the making of final payment shall not constitute a waiver of
any claims by the County. All claims by the Contractor for breach of contract, violation
of state or federal law, or compensation and extensions of time shall be submitted in
writing to the Chief Executive Officer within sixty ( 60) days after completion and
acceptance of the Work as herein provided, or all such claims shall be forever barred.
IV. NOTICE
Any notice or consent required to be given by or on behalf of any party hereto to any
other party hereto shall be in writing and shall be sent to the County' s Chief Executive Officer
and the Executive Assistant or to the Contractor or his authorized representative on the work site
by ( a) registered or certified United States .mail, return receipt requested, postage prepaid, ( b)
personal delivery, or (c) overnight courier service. All notices sent to the addresses listed below
shall be binding unless said address is changed in writing no less than fourteen days before such
notice is sent.
Future changes in address shall be effective upon written notice being given by
the Contractor to the County' s Executive Assistant or by the County to the Contractor' s
authorized
representative
via
certified
first
class
U. S.
mail,
return
If to the County:
Chief Executive Officer
The Maloof Center
and
Executive Assistant
The Maloof Center
5-
receipt
requested.
Such
With
copy to:
copy to:
With
copy to:
Pursuant to O. C. G. A. 13- 10- 91, the County cannot enter into a contract for the physical
performance
of
services
unless
the
Contractor,
its
Subcontractor( s)
and
sub-
subcontractor(s), as that term is defined by state law, register and participate in the
Federal Work Authorization Program to verify specific information on all new
employees.
B.
Contractor certifies that it has complied and will continue to comply throughout the
Contract Term with O. C. G. A. 13- 10- 91 and any related and applicable Georgia
Department of Labor Rule.
C.
Contractor agrees to sign an affidavit evidencing its compliance with O. C.G. A. 13- 1091.
D.
Contractor agrees that in the event it employs or contracts with any Subcontractor( s) in
connection with this Contract, Contractor will secure from each
Subcontractor an
affidavit that certifies the Subcontractor' s current and continuing compliance with
O. C. G. A. 13- 10- 91
affidavit( s)
Attachment C.
E.
Each Subcontractor agrees that in the event it employs or contracts with any subsubcontractor( s), each Subcontractor will secure from each sub- subcontractor an affidavit
in
connection with
this Contract
shall
be
attached
hereto
as
Attachment D.
Contractor. Contractor warrants that it has all requisite power and authority to enter into and
perform its obligations under this Contract, and that the execution and delivery by the Contractor
of this Contract and the compliance by the Contractor with all of the provisions of this Contract
i) is within the purposes, powers, and authority of the Contractor; ( ii) has been done in full
compliance with applicable law and has been approved by the governing body of the Contractor
and is legal and will not conflict with or constitute on the part of the Contractor a violation of or
a breach of or a default under any indenture, mortgage, security deed, pledge, note, lease, loan,
or installment sale agreement, contract, or other agreement or instrument to which the Contractor
is a party or by which the Contractor is otherwise subject or bound, or any license, judgment,
decree, law, statute, order, writ, injunction, demand, rule, or regulation of any court or
governmental agency or body having jurisdiction over the Contractor; and ( iii) has been duly
authorized by all necessary action on the part of the Contractor. This Contract is the valid, legal,
binding and enforceable obligation of the Contractor.
VII. PERFORMANCE AND PAYMENT BONDS AND INSURANCE REQUIREMENTS
A.
Within ten ( 10) days from the date of Notice of Award of this Contract, the Contractor, as
principal, shall give a Contract performance bond, attached hereto as Attachment F and a
payment bond, attached hereto as Attachment G, each in the amount of $2, 720, 500. 00 ,
for the use of all persons doing work or furnishing skills, tools, machinery, or materials
under or for the purpose of this Contract, in accordance with the applicable provisions of
Georgia state law, including but not limited to, O. C. G. A. 13- 10- 1 and 36- 91- 21 et seq.
The bonds shall be underwritten by a surety company licensed to write bonds in the State
of Georgia, listed in the most current U. S. Treasury Circular No. 570, and which have a
current A.M. Best rating of "A" ( Excellent) with a Financial Size Category of XII or
better. The life of these bonds shall extend throughout the Contract Term including a
sixty ( 60) day maintenance period ( where applicable) and a twelve-month guarantee
period after the completion of Work performed under this Contract.
It is further agreed between the parties hereto that if at any time after the execution of this
Contract and the surety bonds, the County shall deem the surety or sureties upon such
bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover
the performance of the Work, the Contractor shall, at its sole expense and within five ( 5)
days after the receipt of notice from the County to do so, furnish additional bond or bonds
in such form and amount and with such surety or sureties as shall be satisfactory to the
County.
C.
The Contractor shall, without expense to the County, provide certificates of insurance,
and copies of signed insurance policies including declarations pages from companies that
are authorized to engage in the insurance business in the state of Georgia and are
otherwise acceptable
to the
County
Finance Director
or
attached
hereto
as Attachment H. Such insurance shall be placed with admitted insurers that maintain an
A.M. Best's rating of not less than A (Excellent) with a Financial Size Category of VII or
better with coverage forms acceptable to Contractor.
shall be maintained uninterrupted for the duration of the project, including any warranty
periods, and shall protect Contractor, and others as required by contract, for liabilities in
connection with work performed by or on behalf of Contractor, its agents,
representatives, employees or Contractors.
1)
2) .
Employer'
Employer'
Employer'
liability
liability
liability
insurance
insurance
insurance
1, 000, 000
1, 000,000
1, 000, 000
1, 000,000 per occurrence for bodily injury and property damage liability
1, 000,000 personal and advertising injury liability
2, 000, 000 general aggregate
2, 000, 000 products- completed operations aggregate
4)
Comprehensive Automobile
Comprehensive automobile
Liability Insurance.
liability insurance with form coverage is to be provided for all owned, non- owned
and hired vehicles with combined single limit of$ 1, 000,000. Automobile liability
insurance shall be written on ISO Business Auto Coverage Form CA 0001 ( 1990
D.
worker' s compensation insurance with no cross suits exclusion. The County and its
8-
officers shall be included as additional insureds under commercial general liability and
commercial umbrella insurance, for liabilities arising out of both the ongoing and
completed operations of Contractor. Such additional insured coverage shall be endorsed
All coverages required of the Contractor will be primary over any insurance or selfinsurance program carried by the County.
F.
If the Contractor is a joint venture involving two ( 2) or more entities, then each
independent entity will satisfy the limits and coverages specified here or the joint venture
will be a named insured under each respective policy specified.
G.
liability insurance coverage and commercial umbrella insurance after the Work is
substantially complete for the entire Contract Term or for the applicable five- year
statutory limitation, whichever is greater. For such period of time, all terms and
conditions of such coverage shall remain unchanged, including the limits specified herein
and the requirement to provide the County with coverage as an additional insured.
H.
Contractor agrees to waive all rights of subrogation and other rights of recovery against
the County and its officers and shall cause each Subcontractor to waive all rights of
subrogation for all coverage.
I.
Failure of the County. to demand such certificate or other evidence of full compliance
with these insurance requirements or failure of the County to identify a deficiency from
evidence provided will not be construed as a waiver of the Contractor' s obligation to
maintain such coverage.
J.
Contractor understands and agrees that the purchase of insurance in no way limits the
liability of the Contractor.
VIII. CERTIFICATES OF INSURANCE
A.
Certificates shall state that the policy or policies shall not expire, be cancelled or altered
least sixty ( 60)
days
at
for workers'
prior
compensation insurance)
written
shall
notice
to
the
conform to all
terms
and conditions
B.
The Contractor agrees to name the County and its officers as additional insured on the
commercial general liability insurance, using the ISO Additional Insured Endorsement
9-
forms
CG20101001
( ongoing
operations)
and
CG20371001
products- completed
Certificates of Insurance must contain the policy number, policy limits, and policy
expiration date of all policies issued in accordance with this Contract; the location and
operations to which the insurance applies. Certificates must be provided annually for the
duration of the project. If applicable, a specific statement must be included that blasting
coverage is included to the extent such risk is present; that Contractor' s protective
This insurance for the County as the additional insured shall be as broad as the coverage
provided for the named- insured Contractor. It shall apply as primary insurance before
any other insurance or self-insurance, including any deductible, non-contributory, and
waiver of subrogation provided to the County as the additional insured.
E.
The Contractor shall be wholly responsible for securing certificates of insurance coverage
as set forth above from all Subcontractors who are engaged in the Work.
F.
If the County shall so request, the Contractor will furnish the County for its inspection
and approval such policies of insurance with all endorsements, or confirmed specimens
Contractor shall be responsible and have the financial wherewithal to cover any
deductibles or retentions included on the certificate of insurance.
H.
Such certificates should be sent to the County and must identify the " Certificate Holder"
as follows:
I.
Copies of Required Insurance policies with Declarations Page( s) shall be attached hereto as
Attachment H.
IX. ATTACHMENTS
A.
This Contract includes the following Attachments all of which are incorporated herein by
reference:
10-
B.
In addition to the foregoing, the Bid Document Package dated June 12, 2014 , the original
The Contractor has been informed and understands that funding for this Contract is
provided
under
the DeKalb
Funds Act and expressly agrees that performance of the Contract, in whole or in part, is
contingent upon and subject to the availability of such funding under to DeKalb County,
Georgia.
11-
IN WITNESS WHEREOF, the parties hereto have set their hands and caused their seals
COUNTY, GEORGIA
DE
ENGINEERS, LLC
by Dir.(
SEAL)
By:
EE MAY
2; eiu
Signa
SEAL)
re
Name ( Typed
or
Printed)
at
fe"
t'
Title
S-
ZG, 5/
Federal Tax I. D. Number
ate
ic
ATTEST:
Signature
Title
APPROVED AS TO SUBSTANCE:
kC
D(eKaib
County
APPROVED AS TO FORM:
1-,
County Attorney Signature
De artment Director
County Attorney Name
Typed or Printed)
orri
Williams, III
NKA County
Q si
Con iad No s- G 00
ATTACHMENT A
GENERAL REQUIREMENTS
Section
Title
GR- 1
Definitions of Terms.................................................................
GR- 2
GR- 3
Contractor' s Obligations...........................................................
GR- 4
GR- 5
GR 6
GR- 7
GR- 8
GR-9
GR- 10
GR- 11
GR- 12
Subcontracting ........................................................
GR- 13
Assignments..............................................................................
GR- 14
GR- 15
GR- 16
GR- 17
GR- 18
GR- 19
GR- 20
Prohibited Interests...................................................................
GR- 21
GR-22
GR- 23
GR- 24
GR- 25
As-Built Drawings:..................................................
GR- 26
GR- 27
GR- 28
Inspection
GR- 29
GR- 30
GR-31
GR- 32
GR-33
GR- 34
Maintenance Manual..............................................:..................
of
Work....'*...*...****'*.....--
a......................
GR-35
GR- 36
GR- 37
Cleaning Up ..........................................................
i-
GR- 38
Barricades .................................................................................
GR- 39
GR- 40
GR-41
Interpretation..........................................................
GR- 42
GR-43
Entire Agreement................................................
GR- 44
Counterparts..............................................................................
GR- 45
Venue........................................................................................
ii
The section captions contained in this Contract are for convenience only and do not in
any way limit
or
or
provision
hereof.
hereunder" and " herein" shall refer to this Contract as a whole, inclusive of the Attachments,
except when noted otherwise. The use of the masculine or neuter genders herein shall include
the masculine, feminine and neuter genders and the singular form shall include the plural when
the context so requires. The following terms shall have the meanings indicated:
Addendum" or " Addenda" shall mean written or graphic instruments issued prior to the
execution of the Contract, which .modify or interpret the Work, or the Invitation to Bid by
additions, deletions, clarifications, or corrections.
Bid" shall mean the offer of the Bidder submitted on the prescribed form setting forth the
price( s) for the Work to be performed.
Bid
Document
Package"
shall
consist
of
documents
entitled
as
follows:
Business License, Utility Systems Contractor' s License, Utility Manager' s Certificate, Utility
Foreman' s Certificate, General Contractor' s License, Bidder' s Lump Sum Cost, Bidder' s Unit
Price, First Source Jobs Ordinance Acknowledgment, LSBE Program Information Sheet with
Employee Tracking Form, Subcontractor Tracking Form, Bid Bond and Power of Attorney,
Public Works Construction Affidavit and Oath of Successful Bidder, Technical Specifications,
and Drawings.
Bidder" shall mean any person, firm, or corporation submitting a Bid for the Work.
Bonds" shall mean bid, performance, and payment bonds and other instruments of
security, furnished by the Contractor and his surety in accordance with the Contract.
Change Order" includes the term " amendment" and shall mean. a written order authorizing
a change in the Work, if applicable, and an adjustment in the Contract Price, Contract Time or
Contract Term, as adopted and approved by the Contractor and the DeKalb County Governing
Authority, or the Chief Executive Officer, if exempted from Governing Authority adoption and
approval in accordance with the express terms of this Contract.
Contract" or " Agreement" shall consist of the written Contract executed by the parties, all
attachments to the Contract, Change Orders, Field Orders, and the Bid Document Package. The
intent of these documents is for the Contractor to furnish all materials, appliances, tools, labor
and services of every kind necessary for the proper execution of the Work, and the terms and
conditions of payment therefore.
Contract Price" shall mean the total monies payable to the Contractor under the terms and
conditions of
the Contract.
Contract Time" shall mean the number of days stated in the Contract for the completion of
the Work.
Contract Term" shall mean the length of time the Contract shall remain in effect.
Contractor" or " General Contractor" shall mean the individual, firm, joint venture or
corporation undertaking the execution of the Work as an independent contractor under the terms
of the Contract and acting through his or its agents or employees.
prepared or approved by the County. The Drawings are included in the Bid Document Package.
Field Order" shall mean a written order issued by an authorized County official/ employee
to the Contractor during construction effecting a change in the Work by authorizing an addition,
deletion, or revision in the Work within the general scope of the Work not involving an
adjustment
or a change
or
Term.
No Field Order
shall be valid or effective unless it is signed by the County employee( s) who has been authorized
in writing by the Chief Executive Officer or his/ her designee to execute Field Orders.
Notice of Award" shall mean a written notice of the acceptance of the Bid from the
Work.
Proceed.
Submittals" shall mean all shop drawings, diagrams, illustrations, brochures, schedules,
samples, and other data which are prepared by the Contractor, a Subcontractor, manufacturer,
A-2
Supplier, or distributor, which illustrate how specific portions of the Work shall be fabricated or
installed.
Substantial Completion" or " Substantial Completion of the Work" shall mean that date
determined by the County when the construction of the Project or an expressly stipulated part
thereof is sufficiently completed, in accordance with the Contract, so that the Project or
stipulated part can be fully utilized for the purposes for which it is intended.
Superintendent"
shall
mean
the
Contractor' s
authorized
on-the-job
representative
equipment for the Work, including that fabricated to a special design, but who does not perform
labor at the site.
Work" shall have the meaning assigned to that term in the article in the Contract entitled
Scope.of Work."
Prior to completion of the Work, the County may take over operation and/ or use of the
Project or portions thereof. Such prior use of facilities by the County shall not be deemed as
acceptance of any Work or relieve the Contractor from any of the requirements of the Contract.
all supplies and materials, machinery, equipment, facilities, and all things necessary or proper to
perform and complete all the Work within the time herein specified and in accordance with the
provisions of this Contract, the Specifications, the Drawings, and any and all supplemental
drawings pertaining to the Work. Contractor shall furnish, erect, maintain, and remove such
construction, plants, and such temporary works as may be required. Contractor alone shall be
responsible for the safety, efficiency, and adequacy of its plant, appliances, and methods, and for
any damage which may result from their failure or their improper construction, maintenance, or
operation. The Contractor shall observe, comply with, and be subject to all terms, conditions,
requirements and limitations imposed by the Contract and local ordinances, and state and federal
laws; and shall do, carry on, and complete the entire Work.
The Contractor shall perform all of the Work under the general direction, and to
the entire satisfaction, approval, and acceptance of the County. The County shall
decide all questions relating to measurements of quantities, the character and
A- 3
Contractor from the performance of the Work in accordance with the Contract, or
Whenever
in
this
Contract,
the
words
"
directed," "
required,"
" permitted,"
ordered," or words of like import are used, it shall be understood that the
All changes, alterations, or instructions in regard to any feature of the Work that
differ from the Drawings and Specifications must be approved in writing by Field
Order
or
Change Order in
all
cases.
of the problems necessitating such departure for approval by the County before
making the change: If the Contractor fails to make such request, no excuse will
be entertained thereafter for Contractor' s failure to carry out the Work in the
required manner and to provide required guarantees, warranties, and Bonds, and
Contractor shall not be entitled to any change in the Contract Price, Contract Time
or the Contract Term.
C.
The County may at any time, by issuing a Field Order, make changes in the
details of the Work. The Contractor shall proceed with the performance_of any
changes in the Work so ordered by the County unless such Field Order entitles the
Contractor to a change in Contract Price, Time, and/ or Term, in which event the
Contractor shall give the County written notice thereof within fifteen ( 15) days
after the receipt of the ordered change, and the Contractor shall not execute such
changes until it receives an executed Change Order from the County. No extra
cost or extension of time shall be allowed unless approved by the County and
authorized by execution of a Change Order.
A- 4
D.
The County may at any time order changes within the scope of the Work without
invalidating the Contract.
E.
throughout the
2)
3)
The actual cost for labor, direct overhead, materials, supplies, equipment,
15%)
F.
The parties' execution of any Change Order constitutes a final settlement. of all
matters relating to the change in the Work which is the subject of the Change
Order, including, but not limited to, all direct or indirect costs associated with
such change and any and all adjustment to the Contract Price and the construction
schedule.
must include the Work covered by such Change Orders in requests for payment as
The Contractor understands and agrees that the date of the beginning of Work,
rate of progress, and time for completion of the Work are essential conditions of
this Contract.
B.
The Contractor agrees that the Work shall be executed regularly, diligently, and
uninterrupted at such rate of progress as will insure its full completion thereof
within the Contract Time. It is expressly understood and agreed, by and between
the Contractor and the County, that the time for the completion of the Work
described herein is a reasonable time for the completion of the same, taking into
consideration the average climate range and usual industrial conditions prevailing
in this locality.
C.
If extraordinary adverse weather conditions are the basis for a claim for additional
time, such claim shall be supported by the attachment of records of the National
Oceanic and Atmospheric Administration showing meaningful variances from
historic trends thereby substantiating the fact that weather conditions were
A- 5
abnormal for the period of time, could not have been reasonably anticipated and
had an adverse effect on the scheduled construction activities.
The Contractor
time, and then only for the number of days of delay which are due solely to such
extraordinary adverse weather conditions. The Contractor is not entitled to any
costs associated with extraordinary adverse weather conditions.
D.
The County shall not be liable to the Contractor or any Subcontractor for claims
or damages of any nature caused by or arising out of delays, regardless of cause.
The sole remedy against the County for delays shall be the allowance of
additional time for completion of the Work, the amount of which shall be based
The Contractor shall submit to the County such schedule of quantities and costs,
progress schedules, payrolls, reports, estimates, records, and other data as the
That Contractor shall coordinate and hold a meeting with its major Subcontractors
and the County to discuss the Project schedule. Such meeting shall be held prior
to Commencement of the Work under this Contract, but in no event later than ten
10) days after execution of this Contract by all parties. At that meeting, the
Contractor shall present a draft Project schedule, and the Contractor and its
for preparing and updating such schedule, which shall be complete in all respects
and shall, when approved by the County, become the Construction Schedule and
be automatically incorporated into the Contract and shall not be changed without,.
the prior written consent of the County. The Construction Schedule shall not
exceed the Contract Time, shall be revised and updated at appropriate intervals as
required by the conditions of the Work and Project, shall be related to the entire
Project to the extent required by the Contract, shall utilize Critical Path Method
CPM) software that is compatible with County software, and shall provide for
expeditious and practicable execution of the Work.
C.
The Construction Schedule shall, in such detail as the County may require, show
the order in which Contractor will carry on the Work, including dates on which
the various parts of the Work will start, and the estimated date of completion of
each part. It shall also depict all requisite shop drawing submittals and approvals,
A- 6
The Contractor shall prepare and keep current, for the County' s approval, a_
schedule of submittals which is coordinated with the Construction Schedule and
allows the County reasonable time to review submittals. The Contractor shall
perform the Work in general accordance with the most recent schedules submitted'"
to the County.
E.
In the event the County determines that the performance of the Work has not
progressed or reached the level of completion required by the Contract, the
County will have the right to order the Contractor to take corrective measures
necessary to expedite the progress of construction, including, without limitation,
required by the Contract and the Construction Schedule. The County' s right to
require Extraordinary Measures is solely for the purpose of ensuring the
Contractor' s compliance with the Construction Schedule.
sole option, without cause and without prejudice to any other right or remedy of
listed
B.
receiver is appointed for the Contractor or for any of his property, or if he files a
A-7
any other right or remedy, and after giving the Contractor and his surety a
maximum of seven ( 7) days from delivery of a written notice, declare the Contract
in default and terminate this Contract.
In that event, the County may take
possession of the Project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Contractor. The County may
result of any default by the Contractor, including without limitation all costs of
completion or correction of the Work, liquidated damages, attorneys' fees, expert
fees, and other costs of dispute resolution. Termination of this Contract pursuant
convenience of the County, and the rights and obligations of the parties shall be
governed accordingly.
D.
will be paid only for materials and equipment accepted by the County and the
or punitive damages,
attorney' s fees or costs from the other party to this Contract for any reason
whatsoever.
F.
The parties' obligations pursuant to this General Requirement shall survive any
Acceptance of Work, or expiration or termination of this Contract.
Upon notice from the Contractor that the Work is completed, the County shall make a final
inspection of the Work, and shall notify the Contractor of all instances where the Work fails to
comply with the Drawings and Specifications, as well as any defects the County may discover.
At no cost to the County, the Contractor shall immediately make such alterations as are
A- 8
necessary to bring the Work into compliance with the Contract, the Drawings, and
Specifications.
The Contractor warrants to the County that materials and equipment furnished
under the Contract will be new and of good quality, unless otherwise required or
permitted by the Contract; that the Work will be free from defects not inherent in
the quality, required or permitted; and that the Work will conform to the
requirements of the Contract.
Work not conforming to these requirements,
including substitutions not properly approved and authorized, is considered
defective. The County, in its sole discretion, may exclude from the Contractor's
warranty; remedies for damage or defect which the County determines were
caused by abuse; modifications not executed by the Contractor; improper or
insufficient maintenance; improper operation; and normal wear and tear and
normal usage.
B.
Upon the completion of the Work, and as a condition of final payment, the
Contractor shall guarantee in writing that all Work has been accomplished in
conformance with the Contract. If required by the County, the Contractor shall
also furnish additional satisfactory evidence as to the kind and quality of materials
and equipment.
C.
The Contractor shall promptly, and in no event later than 48 hours after receiving
written demand from the County, remedy any error, omission, defect, or noncompliance in the Work discovered by the County during construction or at any
time thereafter until one year after the final completion of the Work. Nothing
Contractor shall pay for any damage caused by any omission or defect in the
Work, including without limitation, any damage to other improvements or
facilities. In the event that the Contractor should fail to timely make repairs,
adjustments, or other remedy that may be made necessary by such defects, the
County may do so, and charge the Contractor the cost thereby incurred.
E.
All warranties and guaranties shall extend for the greatest of one ( 1)
full year
immediately upon demand, shall fully and completely repair, correct, and
eliminate such defect. The foregoing warranties and guarantees are cumulative of
A- 9
and in addition to, and not restrictive of or in lieu of, any and all other warranties
and guarantees provided for or required by law. No one or more of the warranties
contained herein shall be deemed to alter or limit any other. The Performance
Bond shall remain in full force and effect throughout the applicable guarantee
period set forth in this paragraph.
F.
Neither the final payment nor any provision of the Contract, nor partial or entire
occupancy or use of the Work by the County, shall constitute an acceptance of
any part of the Work that is not in accordance with the Contract or relieve the
Contractor of liability for incomplete or faulty materials or workmanship.
G.
All manufacturer warranties and guarantees shall be delivered to the County prior
to Substantial Completion and such delivery shall be a condition precedent to the
issuance of the Certificate of Substantial Completion.
Contractor shall assign and transfer to the County all guarantees, warranties and
agreements
from
all
contractors,
Subcontractors,
vendors,
Suppliers,
or
warrants that all such guarantees, warranties and agreements will be freely
assignable to the County, and that upon Final completion of the Work, all such
guarantees, warranties and agreements shall be in place and enforceable by the
County in accordance with their terms. Contractor' s obligations pursuant to this
General Requirement shall survive any acceptance of Work, or termination or
expiration of this Contract.
CONTRACTOR' S
GR- 11.
PERSONNEL
AND
INDEPENDENT
CONTRACTOR
STATUS
A.
The Contractor will supervise and direct the Work, including the Work of all
sequences,
and
procedures
of
construction.
An
experienced
types of work involved shall be assigned to the Project by the Contractor, and
shall
be
available
at
all
times
when
work
is in
progress.
by
the
County
prior
to
being
named
Superintendent.
The
Superintendent shall represent the Contractor, and all directions given to the
A- 10
B.
The Contractor shall not change key, members of its staff without the prior
consent of the County, unless such staff members prove to be unsatisfactory to the
Contractor and cease to be in its employ. If the Contractor intends to change a
key staff member ( defined as certain full-time personnel stationed at the site
including Project Manager, Superintendent, Project Engineer, Assistant Project
Manager, Assistant Superintendent, or Assistant Project Engineer) it shall give the
County written notice at least fifteen ( 15) days prior to the intended change. The
written notice shall include a description of qualifications for the new proposed
key staff member. The County shall have the right to approve or disapprove the
proposed key staff member.
C.
Only persons skilled in the type of work which they are to perform shall be
employed. The Contractor shall, at all times, maintain discipline and good order
among his employees, and shall not employ any unfit person or persons or anyone
unskilled in the work assigned him.
D.
The relationship between the County and the Contractor shall be that of owner
and independent contractor.
Contractor, its officers, agents, servants, employees, and any Subcontractors shall
not be entitled to any County employee benefits including, but not limited to
social security, insurance, paid annual leave, sick leave, worker's compensation,
free parking or retirement benefits. All services provided by Contractor shall be
County.
The Contractor understands and agrees that it shall be a breach of this Contract to
2.
The Contractor shall have obtained advance written approval from the
County.
B.
The Contractor further understands and agrees that any work on this Project,
which the Contractor secures in violation of this General Requirement, shall be
deemed a donation from the Contractor for which the County shall not be
A- 11
obligated to pay. Nothing contained in this Contract shall create any contractual
relation between any Subcontractor and the County. Upon request, Contractor
shall provide the County with copies of each of its contract( s) and amendments
with each Subcontractor.
C.
The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, . sell, or
otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to
any person, firm, or corporation without the previous written consent of the County. If the
County consents to any such assignment or transfer, then the Contractor binds itself, its partners,
successors and assigns to all covenants of this Contract.
The Contractor shall be responsible from the execution date or from the time of
the beginning of the Work, whichever shall be the earlier, for all injury or damage
of any kind resulting from the Work, to persons or property, including employees
and property of the County. The Contractor shall exonerate, indemnify, and save
harmless the County, its elected officials, officers, employees, agents and
servants, hereinafter collectively referred to in this General Requirement as " the "
County Indemnitees," from and against all claims or actions based upoa of arising
out of any damage or injury ( including without limitation any injury or death to
persons and any damage to property) caused by or sustained in connection with
the performance of this Contract or by conditions created thereby or arising out of
or any way connected with Work performed under this Contract, as well as all
expenses incidental to the defense of any such claims, litigation, and actions.
Furthermore, Contractor shall assume and pay for, without cost to the County
Indemnitees, the defense of any and all claims, litigation, and actions suffered
As between the County Indemnitees and the Contractor as the other party, the
Contractor shall assume responsibility and liability for any damage, loss, or
injury, including death, of any kind or nature whatever to person or property,
resulting from any kind of claim made by Contractor' s employees, agents,
A- 12
they or any of them may be put or subjected by reason of any such damage, loss,
or injury.
C.
The Contractor expressly agrees to provide a full and complete defense against
any claims brought or actions filed against the County Indemnitees, where such
claim or action involves, in whole or in part, the subject of the indemnity
contained in this Contract, whether such claims or actions are rightfully or
wrongfully brought or filed. The County has the sole discretion to choose the
counsel who will provide the defense.
D.
E.
The parties agree that Contractor shall be liable for all fines or civil penalties,
Contract. Contractor shall pay the costs of contesting any such. fines. The parties'
obligations pursuant to this General Requirement shall survive any acceptance of
Work, or termination or expiration of this Contract.
The Contractor shall hold and save the County and its elected officials, officers, agents,
servants, and employees harmless from liability of any nature or kind, including cost and
expenses for, or on account of, any patented or unpatented invention, process, article, or
appliance manufactured or used in the performance of the Contract, including its use by the
County, unless otherwise specifically stipulated in the Contract.
The Contractor' s attention is directed to the fact that all applicable federal, state,
and County laws, municipal ordinances, and the rules and regulations of all
authorities having jurisdiction over construction of the Project shall apply to the
Contract throughout, and they will be deemed to be included in the Contract the
same as though herein written out in full. The Contractor shall keep itself and its
employees and Subcontractors fully informed of all laws, ordinances, and
regulations in any manner affecting those engaged or employed in the Work or
the materials used in the Work or in any way affecting the conduct of the Work
and of all orders and decrees of bodies or tribunals having any jurisdiction or
A- 13
County and its agents against any all damages and claims arising out of any
violation of such law, ordinance, regulation, order, or decree, whether by
Contractor or its employees or Subcontractors.
B.
Contractor shall not discriminate against any person in its operations, activities or
performance of Work under this Contract. Contractor shall affirmatively comply
with all applicable provisions of federal, state and local equal employment laws
and shall' not engage in or commit any discriminatory practice against any person
based on race, age, religion, color, gender, national origin, physical or mental
disability,
or
political
affiliation.
Workplace.
Permits shall be secured by the Contractor, and inspections will be required, but
the County will not charge the Contractor for permits and inspections obtained
from the County. The Contractor shall secure and pay for any permits and
inspection fees required by any other governmental entity or agency.
B.
Prior to execution of this Contract, Contractor shall provide the County with a
copy_ of its
current,
valid
business license.
in the state of Georgia and a copy of their valid business license issued by their
home jurisdiction. Contractor shall provide the County with copies of all other
required licenses, certifications and permits for the Contractor and/ or all of
County. Contractor hereby warrants and represents that at all times during the
Contract Term it shall maintain in good standing all required licenses,
certifications, and permits required under federal, state and local laws necessary
to perform the services required by this Contract.
Prior to entering on any land or right-of-way, the Contractor shall ascertain the
requirements of applicable permits or easements obtained by the County, and shall conduct his
work in accordance with requirements thereof, including the giving of notice. The Contractor
shall be fully responsible for performing work to the requirements of any permit or easement
granting entity, even though such requirements may exceed or be more stringent than that
A- 14
otherwise required by the Contract, and shall compensate the County fully for any loss or
expense arising from failure of the Contractor to perform as required by such entity. The
Contractor shall provide, at its own expense without liability to the County, any additional land
and access thereto that the Contractor may desire for temporary construction facilities, or for
storage of materials.
other property at the site or adjacent thereto, including trees, shrubs, lawns, lakes,
drainage
ways,
walks,
pavements,
roadways,
structures,
and
utilities
not
The Contractor shall erect and maintain, as required by the conditions and
progress of the Work, all necessary warning safeguards for devices and the safety
and protection of the Work, the public and adjoining property.
C.
Contractor shall, prior to commencing other on-site work, accurately locate above
and below ground utilities and structures, which may be affected. by the Work,
using whatever means may be appropriate, and shall verify the nature and
condition of such utilities and structures. The Contractor shall mark the location
of existing utilities and structures, if they are not otherwise readily visible, with
flagging, stakes, barricades, or other suitable means,. and shall preserve and
protect all
All existing utilities, both public and private, including but not limited to, sewer,
gas,
water,
electrical,
and
telephone services,
shall
be protected
and
their
operation shall be maintained through the course of the Work. Any temporary
shutdown of an existing service shall be arranged between the Contractor and the
responsible agency. The Contractor shall assume full responsibility and hold the
County harmless from the result of any damage that may occur as a result of the
Contractor' s activities in this regard.
A- 15
E.
In emergencies affecting the safety of persons or the Work or property at the site
or adjacent thereto, or unanticipated conditions where delay would substantially
impact the time or cost of work, the Contractor, upon notification to the County,
shall
act
to prevent threatened damage, injury, or loss.
Any claim for
compensation or extension of time by the Contractor due to such extra work shall
be submitted to the County within ten ( 10) days of the date of performing such
work or deviations in the manner prescribed for a Change Order.
No official of the County who is authorized in such capacity and on behalf of the County
to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction, or material supply contract, or
any subcontract in connection with the construction of the Project, shall become directly or
indirectly interested personally in this Contract or in any part hereof. No officer, employee,
architect, attorney, engineer, or inspector of or for the County who is authorized in such capacity
and on behalf of the County to exercise any legislative, executive, supervisory, or other similar
functions in connection with the construction of the Project, shall become directly or indirectly
interested personally in this Contract or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining to the Project.
The Contractor is required to comply with the DeKalb County First Source Jobs
Ordinance, Code of DeKalb County as Revised 1988, section 2- 231 et seq., and among other
things, is required to make a good faith effort to hire DeKalb County residents for. at least fifty
percent 50% of all jobs created by an Eligible Project, as that term is defined in the First Source
Ordinance, using the First Source Registry.
The Specifications, the Drawings and the Contract shall be supplementary to each
other, and any material, workmanship, and/ or service which may be in one, but
not called for in the others, shall be as binding as if indicated, called for, or
implied by all.
A- 16
B.
section and a similar item described in another section, that description shall
Any. discrepancies found between the Drawings and Specifications and site
conditions, or any inconsistencies or ambiguities in the Drawings or
Specifications shall be immediately reported to the County, in writing, who shall
Upon award of the Contract, the Contractor will be supplied, free of charge, up to
three complete sets of the Contract Drawings and Specifications. Any prints and
Specifications in excess of these shall be furnished at cost at the Contractor' s
expense.
E.
The Contractor shall furnish, with reasonable promptness, all samples as directed
by the County for approval for conformance with the design concept of the
Project and for compliance with the information stated in the Contract. The Work
shall be in accordance with approved samples.
F.
The County may, without changing the scope of the Work, furnish the Contractor
additional instructions and detail drawings, as necessary to carry out the Work
required by the Contract. The additional drawings and instructions thus supplied
will become a part of the Contract. The Contractor shall carry out the Work in
accordance with the additional detail drawings and instructions.
G.
Attention is directed to the fact that the detailed Specifications and separate
of
articles,
materials,
operations,
or
methods,
requires
that
the
Contractor:
1)
H.
2).
3)
these
Specifications
are
separated
into titled
sections.
Such
separation shall not, however, operate to make the County an arbiter to establish
limits for the contracts between the Contractor and Subcontractors.
A- 17
I.
The
Contractor," "
Paving
The
Contractor shall
submit
all
Submittals
to the
official
or employee
so
designated by the chief executive officer all Submittals as required under the
Specifications and in such time and manner that will allow at least ten ( 10) days
for the County' s review, pursuant to the Construction Schedule. No portion of the
Work shall commence until all Submittals relating to such portion have been
approved by the County.
B.
by the Contract, the way by which the Contractor proposes to conform to the
information
given
and
the
design
concept
expressed
in
the
Contract.
Engineer, if retained by the County in connection with the Project, is not expected
to take responsive action, may be so identified in the Contract. Submittals which
are not required by the Contract may be returned by the County without action.
The approval of a Submittal shall not authorize any deviation from or alteration of
the Drawings or Specifications absent a Change Order or Field Order.
C.
Shop drawings to be furnished by the Contractor for any structure shall consist of
such detailed drawings as may be required for the execution of the Work.
D.
Drawings for false work, centering, and form work may also be required per the
Specifications and in such cases shall be likewise subjected to approval unless
approval is waived.
E.
Work.
Approval
of the
Contractor' s
Submittals
does
not
relieve the
Submittals such as shop drawings, product data and samples, but only for the
limited purpose of checking for conformance with information given and the
design concept expressed in the Contract. Review of submittals is not conducted
for the purpose of determining the accuracy and completeness of details such as
dimensions and quantities, or for substantiating instructions for installation or
A- 18
Contractor as
required
by
the
Contract.
It is the responsibility of the Contractor to check all SubmittM' before same are
submitted to the County for approval. Submittals which have not been checked
and approved by the Contractor will not be reviewed by the County.
E.
checked for dimensions and relationship with work of all other trades involved.
Under no conditions shall Submittals be accepted from anyone other than the
Contractor.
F.
The Contractor shall furnish the County with at least six copies of all Submittals
for approval. Two finally approved copies will be returned to the Contractor for
his use. The Contract Price shall include the cost of furnishing all Submittals and
the Contractor will be allowed no extra compensation for such drawings.
G.
The
approval of such
Submittals
shall
not relieve
the Contractor
from
changes or deviations in writing at the time of submission, nor shall it relieve him
from the responsibility for errors of any kind in Submittals. When the Contractor
does call such deviations to the attention of the County, he shall state in writing
whether or not such deviations involve any extra cost. If this is not mentioned, it
will be assumed that no extra cost is involved for making the change.
H.
The Contractor shall "prepare and maintain a log of all Submittals which includes,
at a minimum, the submittal number, revision number, description, responsible
company, proposed submittal date, date actually submitted, date approved, any
comments received, approval status, and resubmittal information. The log shall
be updated at least on a monthly basis and made available to the County for
review upon request.
The Contractor shall maintain a red- lined set of drawings on site during the progress of
the Work, indicating any Field Orders, Change Orders and the location of the portion of the
Work or equipment actually installed. The Contractor shall, upon completion of the Work,
furnish a marked set of reproducible drawings indicating any field changes and the location of
Work as actually installed, if different from the requirements of the Contract, and deliver them to
A- 19
the County in hard copy as well as an electronic copy compatible with the County' s software and
hardware system.
It is understood and agreed that the Contractor has, by careful examination, satisfied
himself as to the nature and location of the Work, the configuration of the ground, the character,
quality, and quantity of the facilities 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 or the cost thereof under this Contract.
Unless otherwise specifically provided for, the inspection and testing of materials and
finished articles to be incorporated in the Work as required by the Specifications shall be made
by the County, or bureaus, laboratories, or agencies selected by the County. The cost of such
inspection and testing shall be paid by the Contractor unless County agrees to pay the cost.
Materials and finished articles shall have passed the required tests prior to the incorporation of
such materials and finished articles in the Work. The County may require, and the Contractor
shall furnish if required to do so, certificates from manufacturers to the effect that the products or
materials furnished by them for use in the Work comply with the applicable specified
requirements for the materials or products being fumished.
GR-28. INSPECTION OF WORK
A.
The Contractor shall, at all times, permit and facilitate inspection of the Work by
County or its representative at the site of the Work shall not be construed to, in
any manner, to relieve the Contractor of its responsibility for strict compliance
with the provisions of the Contract.
B.
inspection.
advised of the date fixed for such inspection. Required certificates of inspection
A-20
work, any materials and construction thereof, the decisions of the County shall be
final and conclusive and binding upon all parties to the Contract.
D.
If the County determines that portions of the Work require additional testing,
inspection or approval beyond the requirements of the Specifications, the County
will instruct the Contractor to make arrangements for such additional testing,
inspection or approval by an entity acceptable to the County, and the Contractor
shall give timely notice to the County of when and where tests and inspections are
to be made so that the County may be present for such procedures. Such costs,
except as provided below, shall be at the County' s expense.
E.
If such procedures for testing or inspection reveal failure of the portions of the
Work to comply with requirements established by the Contract, all costs made
necessary by such failure including those of repeated procedures shall be at the
Contractor' s expense.
F.
Full
explanation
of
the
proposed
substitution
and
submittal
of
all
3)
The adjustment, if any, in the Contract Price, in the event the substitution
is acceptable;
4)
The adjustment, if any, in the Contract Term or Time and the construction
schedule in the event the substitution is acceptable;
5)
shown on the Drawings and ( 2) the Contractor accepts the warranty and
correction obligations in connection with the proposed substitution as if
originally specified;
A- 21
6)
7)
1)
with
3)
4)
5)
C.
Whether or not any proposed substitution is accepted by the County, the Contractor
must reimburse the County for any fees charged by the Architect or other
consultants
for evaluating
each
proposed
substitute.
2)
Represents
and
warrants
that
the
Contractor
will
provide the
same
Certifies that the cost data presented, in the form of certified quotations
from Suppliers of both specified and proposed equipment is complete and
includes all related costs under this Contract, but excludes costs under
A- 22
separate contracts, and waives all claims for additional costs related to the
Agrees that the Contractor will coordinate the installation of the accepted
D.
superior to the specified item or items in construction, efficiency, and utility. The
opinion of the County as to the equality or superiority of the item shall be final,
and no substitute material or article shall be purchased or installed without the
In case of a difference in price, the County shall receive all benefits of the
difference in cost involved in any substitution, when lower, and the Contract
altered by Change Order to credit the County with any savings to be obtained.
However, the County shall not be charged for any additional cost in the case of a
price increase.
All Work that is defective or deviates from the Drawings or Specifications will be
rejected. All rejected Work shall be replaced immediately with other material,
equipment, .or work which conforms with the Drawings and Specifications at no
additional cost to the County. If rejected Work is not removed within forty-eight
hours from the date of letter of notification, the County shall have the right and
authority to stop the Work immediately and/ or to arrange for the removal of said
rejected Work at the cost and expense of the Contractor.
B.
Inspection of the Work shall not relieve the Contractor of any of its obligations,
and defective Work shall be made good regardless of whether it has been
previously inspected by the County and accepted or estimated for payment. The
failure of the County to rejector condemn improper materials or workmanship
shall not be considered as a waiver of any defect that may be discovered later.
GR-31. MATERIALS, SERVICES, AND FACILITIES
A.
The Contractor shall at all times employ sufficient labor and equipment for
executing the Work to full completion in the manner and time specified. Failure
of the Contractor to provide adequate labor and equipment shall constitute a
default of the Contract. The labor and equipment to be used in the Work by the
Contractor shall be sufficient to meet the requirements of the Work and shall be
A-23
B.
Materials
preservation
of their
quality
and
inspection.
C.
Materials, supplies, and equipment to be incorporated into the Work shall be new
and unused unless otherwise specifically stated in the Contract. The source of
supply for all such products shall be submitted to the County, together with
detailed descriptions thereof in the form of samples, shop drawings, tests, or other
means necessary to adequately describe the items proposed. Approval by the
County of a manufacturer or supplier shall not constitute the approval of
materials, supplies, or equipment obtained from such manufacturer or supplier if
they do not comply with the requirements of the Contract. If, after trial or
installation, it is found that sources of supply, even though previously approved
by the County, have not furnished products meeting the intent of the Contract, the
Contractor shall thereafter furnish products from other approved sources, and
shall remove completed Work incorporating products which do not meet Contract
requirements.
E.
F.
Only materials and equipment which are to be used directly in the Work may be
brought to and stored on the Project site by the Contractor. After equipment is no
longer required for the Work, it must be promptly removed from the Project site.
Protection of construction materials and equipment stored at the Project site from
weather, theft, damage, and all other adversity is the sole responsibility of the
Contractor.
G.
The Contractor and any entity for which the Contractor is responsible must not
erect any sign on the Project site without the prior written consent of the County,
which may be withheld in the sole discretion of the County.
H.
Contractor must ensure that the Work, at all times, is performed in a manner that
affords reasonable access, both vehicular and pedestrian, and for emergency
response to the site of the Work and all adjacent areas.
A-24
performed, to the fullest extent reasonably possible, in such a manner that public
areas adjacent to the site of the Work are free from debris, building materials and
equipment likely to cause hazardous conditions. Without limitation of any other
provision of the Contract, Contractor must use its best efforts to minimize any
interference with the occupancy or beneficial use of any areas and buildings
adjacent to the site of the Work, or the Project.
I.
Without prior approval of the County, the Contractor shall not permit any worker
to use any existing facilities at the Project site, including, without limitation,
lavatories, toilets, entrances, and parking areas other than those designated by the
County for such use. Without limitation of any other provision of the Contract,
the Contractor shall use its best efforts to comply with all rules and regulations
promulgated by the County in connection with the use and occupancy of the
Project site, as amended from time to time. The Contractor shall immediately
notify the County in writing if during the performance of the Work, the
Contractor finds compliance with any portion of such rules and regulations to be
impracticable, setting forth the problems that may be caused by such compliance
and suggesting alternatives through which the results intended by such portions of
the rules and regulations can be achieved. The County may, in the County's sole
discretion, adopt such suggestions, develop new alternatives or require
compliance
with
the existing
requirements
of
the
rules
and
regulations.
The
Contractor shall also comply with all insurance requirements applicable to the use
and occupancy of the Project site.
J.
Unless otherwise provided in the Contract, Contractor shall provide and maintain
a suitable office on the site for its own use and for the use of representatives of the
County. Contractor shall furnish sufficient heat, artificial light, ventilation and
janitor' s service, and shall also provide a table or desk, plan rack and chairs, all
for the use of those visiting the job, in addition to such furnishings as he provides
for his own use. Temporary offices and other structures shall be located where
approved by the County, and shall be removed from the premises upon
completion of the Contract or earlier if so directed by the County.
K.
L.
The Contractor . shall cooperate with the County in any required use of the
property and arrange for storage of materials on the Project site in such areas as
are mutually agreed upon. The Contractor shall allot suitable and proper space to
its Subcontractors for the storing of their materials and for the erection of their
sheds and tool houses. Should it be necessary at any time to move materials,
A-25
sheds, or storage platforms, the Contractor shall, at its own expense move same as
Unless otherwise instructed by the County, the Contractor shall repair and return
to original condition all buildings, streets, curbs, sidewalks, utilities or other
Contractor shall furnish all utilities and pay for all bills for utilities used during
construction. Utilities shall include electric power, fuel of any sort used for heating, etc.,
telephone services, cable and internet, if necessary, and water. Contractor shall provide all
temporary connections to utilities when not provided by the utility company or others at no
additional cost to the County. Contractor shall, if required by the County, install and maintain at
his own expense, a job telephone and communications equipment necessary for the execution of
the Work for the Contract Time.
The Contractor shall provide, at his own expense, temporary heat or air conditioning, as
necessary, to protect all Work and materials against injury from heat, dampness or cold. Fuel,
equipment and method of heating and cooling shall be satisfactory to the County and shall not
present a fire hazard. Contractor shall comply with the requirements in the Specifications for
specific temperatures to be maintained.
Contractor shall, prior to completion of Contract, deliver to the County two (2) copies of
a manual, assembled, indexed, and bound, for the County' s guidance, full details for care and
maintenance of visible surfaces and of equipment included in Contract. Contractor shall, for this
motors; also furnish cuts, wiring diagrams, instruction sheets and other information pertaining to
same that will be useful to the County in over-all operation and maintenance. Where the abovedescribed manuals and data are called for under separate sections of the Specifications, they are
to be included in the manual described in this General Requirement.
injury from the weather. If, in the opinion of the County, any work or materials shall have been
damaged or injured by reason of failure to protect such, all such materials or work shall be
removed and replaced at the expense of the Contractor.
A-26
Such stakes and markings as the County may set for either its or the Contractor' s
guidance shall be preserved by the Contractor. Failure to protect such stakes or
markings may, at the County' s discretion, shall result in the Contractor being
charged for their replacement.
B.
The Contractor must exercise proper care and caution to verify the grades and
figures furnished by or on behalf of the County before proceeding with the Work,
and shall be responsible for any damage or defective work caused by its failure to
exercise such care and caution. Contractor shall promptly notify the County of
any errors or discrepancies it may discover in order that the proper corrections
may be made.
C.
Before ordering materials or doing work, the Contractor shall measure and verify
the dimensions. and locations of all existing structures, substrata, and features that
affect
the Work
and
shall
be
responsible
for the
correctness
of
same.
No
consideration will be given any claim based on the differences between the actual
dimensions and those indicated on the Drawings.
Contractor shall promptly
notify the County of any difference which may be found, and shall obtain
direction from the County before proceeding with the affected Work.
GR- 37. CLEANING UP
A.
The Contractor shall at all times, keep the premises free from accumulation of
waste materials or rubbish caused by Contractor' s employees or work. Upon
completion of the Work, the Contractor shall remove all his plants, tools,
If the Contractor fails to clean up, as provided in the Contract, the County may do
so, and the cost thereof shall be charged to the Contractor.
Contractor shall
ensure that neither it, its Subcontractors, nor their employees or agents bring any
hazardous materials or other materials/ waste regulated by state, federal or local
law, which are not commonly used in the construction process or which are not
listed in any Specifications for the Project onto the Project site without first
obtaining the County's advance written approval. Contractor agrees to ensure that
any hazardous materials/ waste or other materials/ waste regulated by state, federal
or local law that Contractor, its Subcontractors or their employees or agents, bring
onto or generate at the Project Site are handled in accordance with all applicable
laws.
C.
The Contractor shall pay all required material disposal fees and shall dispose of
all
materials
in
accordance
with
all
applicable
laws
and
regulations.
The
Contractor shall be responsible for all costs associated with improper disposal of
materials, including any clean- up costs, fines or penalties, whether levied against
the Contractor or the County.
A- 27
D.
remove stains, paint spots, and dirt from all Work; clean and polish all plumbing
fixtures
and
equipment;
and
remove
all
To the
maximum extent reasonably possible, the Contractor shall keep the interior of the
building free of combustible materials as the Work progresses.
E.
The Contractor shall maintain and keep clean at all times the immediate approach
to the Project site, including the roads abutting the Project site.
GR-38. BARRICADES
A.
public
is adequately
warned
of
such
hazards.
lighted from sundown to sunrise and at all other times when the labor forces are
not on the job site.
B.
Except as expressly and specifically set forth herein, this Contract shall not be deemed to
provide any third- party with any remedy, claim, right of action, or other right.
GR-40. SEVERABILITY
If any provision of this Contract or the application thereof to any person or circumstance
shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances, other than those as to which it is held invalid, shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest
extent permitted by law.
GR- 41. INTERPRETATION
The laws of the State of Georgia shall govern the construction of this Contract without
regard for conflicts of laws. Should any provision of this Contract require judicial interpretation,
it is agreed that the court interpreting or construing the same shall not apply a presumption that
the terms hereof shall be more strictly construed against one party, by reason of the rule of
construction, that a document is to be construed more strictly against the party who itself or
through its agent prepared same; it being agreed that the agents of all parties have participated in
the preparation hereof, and all parties have had an adequate opportunity to consult with legal
counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract, and
any additions written or typed hereon, shall be given equal weight, and there shall be no
A- 28
inference by operation of law or otherwise; that any provision of this Contract shall be construed
against either party hereto.
GR-42. PRIOR CONTRACTS: CONFLICT IN DOCUMENTS
The Contractor may in no case claim a waiver of any specification requirements on the
basis of previous approval of material or workmanship on other jobs of like nature or on the
basis of what might be considered " standard" for material or workmanship in any particular
location. The Contract for this Project shall govern the Work. If any portion of the Contract
shall be in conflict with any other portion, the various documents comprising the Contract shall
govern in the following order of precedence: Contract, Change Orders or modifications issued
after execution of the Contract; the General Requirements of the Contract; the Specifications; the
Drawings, as between schedules and information given on the Drawings, the schedules shall
govern; as between figures given on Drawings and the scaled measurements, the figures shall
govern; as between large- scale Drawings and small- scale Drawings, the larger scale shall
govern; and detailed Drawings shall govern over general Drawings;- and the Bid Document
Package.
This Contract constitutes the sole contract between the County and the Contractor. The
terms, conditions, and requirements of this Contract. may not be modified, except by Change
Order or Field Order. No verbal agreement or conversation with any officer, agent, or employee
of the County, either.before or after the execution of the Contract, shall affect or modify any of
the terms or obligations herein contained. No representations; oral or written, shall be binding on
the parties unless expressly incorporated herein. No Change Order or Field Order shall be
enforceable unless approved by official action of the County as provided by law or in this
Contract.
GR-44. COUNTERPARTS
This Contract may be executed in several counterparts, each of which shall be deemed an
original, and all such counterparts together shall constitute one and the same Contract.
GR-45. VENUE
The courts of DeKalb County, Georgia shall have exclusive jurisdiction to try disputes
arising under or by virtue of this Contract.
A- 29
STATE OF 6FORG] A
COUNTY OF DEKAI.,B
Personally
appeared before nee, the undersigned officer, duty authorized to
oaths,_ Barry Bennett
administer
I,
Barry Bennett
personal
lawful useknowledge
or purpose.of the facts set forth in.this Affidavit and Oath which I make for any
I,
Barry Bennett
Project by any means whatsoever. I swear or affirm that I have not prevented or
endeavored to prevent anyone from making a Bid for this Project by any means
whatsoever, I swear I have not caused or induced any other person to withdraw a Bid for
this Project. I swear or affirm that I have not violated O.C.G.A. 36-91- 21( d) in any
I hereby declare under penalty ofperjury that the foregoing is true and correct.
Executed
on
August 11
2014 in
Stone Mountain
day of
August
2014
NgAY Pi313LIC
My Commission Expires:
..
Wig` `
i_
E-"%_,,
s;>
3S
city),
GA ( state).
Byexmuting
this
affidavit.
the undersigtied
verifies
its
compliance, with
91, as amended, stating affirmative'ly that the Bidder submitting a Bid to DEKALB. COUN'd' Y, GA,
a political; subdivision of the State of Georgia, has registered with and is participating in a federal
work. authorization program, commonly known as E-Verify, or any subsequent`- replacemeiat
program,
in accordance
with
the
deadlines
established
in: C . C. G. A. 13-
10- 091, as amended. Tae undersigned further verifies that it will continue to use the federal work
authorization program for the Contract Perm, and it will only contract with Subcontractors who
have registered for the federal work authorization program. The undersigned hereby attests that its
federal work authorizatiall user identification number and date of authorization are as follows:
71894_
12/ 6/2007
Date of Authorization
Name of Project
De_K_alb County
Name of Public Employer
I hereby declare under penalty ofpcrjury that the,` oregoing is true and correct.
Exeeute; i
c.;t
August
11: ?(
114
in
Stone Mountain (
clay
of
August
NO AlZii' PU&
LlC
My
2014.
ityj,_ GA
C..
__(state).
ATTACHMENT C
Subcontractor Affidavit under O. C. G.A. 13- 10- 91
By executing this affidavit, the undersigned Subcontractor verifies its compliance with O.C. G.A.
13- 10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with
Metals &
insert
name of Contractor) on behalf of DEKALB COUNTY, GEORGIA has registered with, is authorized to
use and uses the federal work authorization program commonly known as E- Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established in
O.C. G. A. 13- 10- 91. Furthermore, the undersigned Subcontractor will continue to use the federal work
authorization program throughout the contract period and the undersigned subcontractor will contract
for the physical performance of services in satisfaction of such contract only with sub- subcontractors
who present an affidavit to the Subcontractor with the information required by O. C.G. A. 13- 10- 91.
Additionally, the undersigned Subcontractor will forward notice of the receipt of an affidavit from a
sub- subcontractor
the
to
Contractor
five business
within
days
of
receipt.
If the
undersigned
Subcontractor receives notice that a sub- subcontractor has received an affidavit from any other
contracted sub- subcontractor, the undersigned Subcontractor must forward, within five business days of
3T9 t+66
Fe
Sf 2- 6 ,
t~
Date of Authorization
2ooy
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed
By:
te
J".
onv
AN- 17H60
I}NEN ( N
NOTARY PUBLIC
My Commission
Expires:
PM..... . ..
Q
i
VNE
9..
III: .
1 . . ...
Ir
IvJ
..
a.
''
i.
r7
1;
1.
rte. .. ..........`-
3'
1.
J..
,.
ATTACHMENT C
Subcontractor Affidavit under O.C. G.A. 13- 10- 91
By executing this affidavit, the undersigned Subcontractor verifies its compliance with O. C. G. A.
13- 10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical
performance
of services
under a contract
Metals &
with
insert
name of Contractor) on behalf of DEKALB COUNTY, GEORGIA has registered with, is authorized to
use and uses the federal work authorization program commonly known as E- Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established in
O. C. G.A. 13- 10- 91.
Furthermore, the undersigned Subcontractor will continue to use the federal work
authorization program throughout the contract period and the undersigned subcontractor will contract
for the physical performance of services in satisfaction of such contract only with sub- subcontractors
Subcontractor with the information required by O. C. G A. 13- 10- 91.
Additionally, the undersigned Subcontractor will forward notice of the receipt of an affidavit from a
sub- subcontractor
to
the
Contractor
within
five
business
days
of
receipt.
If the
undersigned
Subcontractor receives notice that a sub-subcontractor has received an affidavit from any other
contracted sub- subcontractor, the undersigned Subcontractor must forward, within five business days of
oy Sig
Federal Work Authorization User Identification Number
3 -/ 3
Date of Authorization
DD Sewer Inspection Services
Name of Subcontractor
Water Meter Installation
Name of Project
DeKalb County, GA
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed
on,-
L4, 20
in$ fit
LE&
state).
3, ( city),
By:
_
SignnatYW ofAtithorized Officer or Agent
NI onn
(u)%''
yeC
,tiennc&\ C`no
Printed Name and Title of Authorized Officer or Agent
day
of
or,,,
20
ARY P
JAN ELDREDGE
Notary Public. Georgia
ryOry-;
f^'
i
r
Gwinnett County
My Commission Expires
May 31, 2016
he Bidder shall identify all proposed subcontractors who will be performing work under
the proposed Contract. The Bidder certifies that the following individuals, firms or
businesses will be hired or awarded subcontracts for the indicated portions of the Work in
the evert that the Bidder is awarded the Contract..
Please lust all proposed Subcontractors below:
1. TYPE OF WORK:
P. O. Box 1466
City
Street
2. TYPE OF WORK:
30086
Zip
State
Marietta, GA
30060
City
State
Zip
City
State
Zip
City
State
Zip
3. TYPE OF WORK:
Name
Street
4. TYPE OF WORK:
Name
Street
37
ATTACHMENT E
ll11KALB COUN' rY, GEORGIA
CERTIFICATE OF CORPORATE. AUTHORITY
Choose Applicable Certificate)
t,
Scott Lowrie
as Contractor herein, same being organized and incorporated to do business under the laws of the
Slate
of
Georgia
Barry Bennett
that
President
signed by said officer for and in behalf of said corporation, pursuant to the authority of its
governing body and within the scope of its corporate powers.
1 further certify that the names and addresses of( lie owner of all the outstanding stock of
said corporation as of this date are as follows:
This
day
of
20
March
Corporate Seal) `
Secretary
ATTACHMENT F
Consisting of 3 pages)
PERFORMANCE BOND
Bond No. K08676045
KNOW ALL MEN BY THESE PRESENTS that Metals and Materials Engineers. LLC
hereinafter called the" Principal") and WESTCHESTER FIRE INSURANCE COMPANY( hereinafter
the " Surety"), are held and firmly bound unto Dekalb County ( hereinafter called the
called
County") and their successors and assigns, in the penal sum of Two Million Seven Hundred Twenty
Thousand Five Hundred Dollars($ 2.720.500.), lawful money of the United States of America, for the
payment of which the Principal and the Surety bind themselves, their administrators, executors,
successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written contract
with the County, awarded by the DeKalb County Governing Authority on 20`" of January. 2015,
which
is incorporated herein
by
reference
called
for
the ITB 14- 100398 Water Meter Installation, more particularly described in the Contract ( hereinafter
called the" Project").
withstanding anything in the aforesaid contract to the contrary. Consent of Surety must be
required in order to extend or renew the term of the bond. If such term is continued the liability
of the Surety for each successive term shall not be cumulative, but rather, the liability of the
Surety shall be limited to the penal amount of this bond for the entire period of time which such
bond may be in effect. Failure to renew said bond shall not constitute a default under the
contract.
NOW, THEREFORE, the conditions of this obligation are as follows, that if the
Principal shall fully and completely perform all the undertakings, covenants, terms, conditions,
warranties, and guarantees contained in the Contract, including all change orders, modifications,
amendments, changes, deletions, additions, and alterations thereto that may hereafter be made,
then this obligation shall be void; otherwise, it shall remain in full force and effect.
Whenever the Principal shall be, and declared by the County to be, in default under the
2.
Obtain a Bid or Bids for completing the Contract in accordance with its terms
and conditions, and upon determination by the Surety and the County of the
lowest responsible bidder, arrange for a contract between such bidder and County
and make available as the work progresses ( even though there should be a default
or succession of defaults under the Contract or contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the
balance
of
the
contract
price;
but
not
exceeding,
including
other
costs
and
damages for which the Surety may be liable hereunder, the penal sum set forth in
the first paragraph hereof, as may be adjusted, and the Surety shall make available
and pay to the County the funds required by this Paragraph prior to the payment
of the County of the balance of the contract price, or any portion thereof. The
term" balance of the contract price," as used in this paragraph, shall mean the total
amount payable by the County to the Contractor under the Contract, and any
amendments thereto, less the amount paid by the County to the Contractor; or, at
the option of the County; or
3.
Allow County to complete the work and reimburse the County for all reasonable
In addition to performing as required in the above paragraphs, the Surety shall indemnify
and hold harmless the County from any and all losses, liability and damages, claims, judgments,
liens, costs, and fees of every description, including reasonable attorney' s fees, litigation costs
and expert witness fees, which the County may incur, sustain, or suffer by reason of the failure or
default on the part of the Principal in the performance of any or all of the terms, provisions, and
requirements of the Contract, including any and all amendments and modifications thereto, or
incurred by the County in making good any such failure to performance on the part of the
Principal.
The Surety shall commence performance of its obligations and undertakings under this
Bond promptly and without delay, after written notice from the County to the Surety.
The Surety hereby waives notice of any and all modifications, omissions, additions,
changes, alterations, extensions of time, changes in payment terms, and any other amendments in
or about the Contract, and agrees that the obligations undertaken by this bond shall not be
impaired in any manner by reason of any such modifications, omissions, additions, changes,
alterations, extensions of time, change in payment terms, and amendments.
The Surety hereby agrees that this Bond shall be deemed amended automatically and
immediately, without formal or separate amendments hereto, upon any amendment to the
Contract, so as to bind the Principal and Surety to the full and faithful performance of the
Contract as so amended or modified, and so as to increase the penal sum to the adjusted Contract
Price of the Contract.
The Surety' s obligations under this bond include all of the Contractor' s duties under the
This Bond is intended to comply with O. C.G.A. 36- 91- 70, and shall be interpreted so as
to comply with the minimum requirements thereof. However, in the event the express language
of this Bond extends protection to the County beyond that contemplated by O.C. G.A. 36- 91- 70,
or any other statutory law applicable to this Project, then the additional protection shall be
enforced in favor of the County, whether or not such protection is found in the applicable
statutes.
If any one or more of the provisions of this Bond are determined to be illegal or
by a court of competent jurisdiction, all other provisions shall remain effective.
unenforceable
the full payment of any Claimant under the Contract, as amended or modified, provided only
that the Surety shall not be liable for more than the penal sum of the Bond, as specified in the
first paragraph hereof.
This Bond is made for the use and benefit of all persons, firms, and corporations who or
5.
which may furnish any materials or perform any labor for or on account of the construction to
be performed or supplied under the Contract, and any amendments thereto, and they and each
of them may sue hereon.
No action may be maintained on this Bond after one ( 1) year from the date the last services,
6.
labor, or materials were provided under the Contract by the Claimant prosecuting said action.
This Bond is intended to comply with O.C.G.A. 36- 91- 90, and shall be interpreted so as to
7.
comply with the minimum requirements thereof. However, in the event the express language
of this Bond extends protection to the County beyond that contemplated by O.C. G.A. 36- 91-
90, or any other statutory law applicable to this Project, then the additional protection shall be
enforced in favor of the County, whether or not such protection is found in the applicable
statutes.
IN WITNESS WHEREOF, the Principal and Surety have hereunto affixed their corporate seals and
caused this obligation to be signed by their duly authorized representatives this 5th day of February, 2015.
PRINCIPAL
By:
Signature o
rincipal
Corporate Secretary
SURETY j
\
SEAL)
By:
Signatu
of
ur
y Power of Attorney)
Enrique Perez
i
ATTACHMENT G
Consisting of 2 pages)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that Metals and Materials Engineers. LLC ( hereinafter
called the " Principal') and WESTCHESTER FIRE INSURANCE COMPANY ( hereinafter called the
Surety"), are held and firmly bound unto Dekalb County,( hereinafter called the" County"), its successors and
assigns as obligee, in the penal sum of Two Million Seven Hundred Twenty Thousand Five Hundred Dollars
2, 720,500.00) lawful money of the United States of America, for the payment of which the Principal and the
Surety bind themselves, their administrators, executors, successors, and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written contract with the
which is incorporated
of January, 2`
awarded by the DeKalb County Governing Authority on
20th
County,
herein by reference in its entirety( hereinafter called the" Contract"), for the construction of a project known as
ITB 14- 100398 Water Meter Installation, as more particularly described in the Contract( hereinafter called the
Project").
PROVIDED, HOWEVER, by acceptance of this bond, Obligee acknowledges and agrees that this
years the aforesaid contract shall cover or be in force, and not withstanding anything in the aforesaid contract
to the contrary. Consent of Surety must be required in order to extend or renew the term of the bond. If such
term is continued the liability of the Surety for each successive term shall not be cumulative, but rather, the
liability of the Surety shall be limited to the penal amount of this bond for the entire period of time which such
bond may be in effect. Failure to renew said bond shall not constitute a default under the contract.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly
make payment to all persons working on or supplying labor or materials under the Contract, and any
amendments thereto, with regard to labor or materials furnished and used in the Project, and with regard to
labor or materials furnished but not so used, then this obligation shall be void; but otherwise it shall remain in
full force and effect.
1.
A " Claimant' shall be defined herein as any Subcontractor, person, party, partnership,
Claimant is or is not in privity,of contract with the Principal or any Subcontractor performing
work on the Project, including, but not limited to, the following labor, services, or materials:
water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly
applicable to the Contract.
2.
In the event a Claimant files a claim against the County, or the property of the County, and
the Principal fails or refuses to satisfy or discharge it promptly, the Surety shall satisfy or
discharge the claim promptly upon written notice from the County, either by bond or as
otherwise provided in the Contract.
3.
The Surety hereby waives notice of any and all modifications, omissions, additions, changes,
alterations, extensions of time, changes in payment terms, and any other amendments in or
about the Contract and agrees that the obligations undertaken by this bond shall not be
impaired in any manner by reason of any such modifications, omissions, additions, changes,
alternations, extensions of time, changes in payment terms, and amendments.
4.
The Surety hereby agrees that this Bond shall be deemed amended automatically and
immediately, without formal or separate amendments hereto, upon any amendment or
modification
Surety, jointly
and
severally, to
IN WITNESS WHEREOF the undersigned have caused this instrument to be executed and
their respective corporate seals to be affixed and attested by their duly authorized representatives
this 5th day of February, 2015.
PRINCIPA '
B
SEAL)
Signature of Principal
Barry Bennett President
Corporate Secretary
SURETY %
By:
SEAL)
Signatur
f3
(by
Power of Attorney)
Enrique Perez
S:
f
Attach Original Power ofAttorney]
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11.
i:
ATTACHMENT H
Copies
of
and
Declaration Page)
aco
DATE( MMDD"
12/
23/ 2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES
BELOW.
THIS CERTIFICATE
OF INSURANCE
DOES
OR ALTER THE
COVERAGE AFFORDED
ISSUING
BY THE
INSURER( S),
POLICIES
AUTHORIZED
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement( s).
PRODUCER
The
CONTACT
Sheila Brock,
NAME:
Whitlock
North
1755
Group
Brown
PHONE
Inc
Road,
INSURERS
Lawrenceville
30043
GA
INSURED
METALS
2171
PARK
ENGINEERS,
MATERIALS
LLC
AND
CT
SUITE
STONE
MOUNTAIN
CIC
125
Ste
INSURERA:
Selective
INSURERS
Travelers
INSURER C
American
INSURER D
Admiral
NAIC 4
AFFORDING COVERAGE
26301
Insurance
Way
Co
Property Casualty
Interstate
Ins
25674
31895
Co
Insurance
24856
INSURER E:
30087- 3555
GA
1 INSURER F:
COVERAGES
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADDL
INSR
LTR
BR
rypE OF INSURANCE
POLICY BEE
MMIDDIYYYY
POLICY NUMBER
POLICY EXP
MWDDIYYYY
LIMITS
GENERAL LIABILITY
PREMISES
FxIOCCUR
CLAIMSMADE
X
Subcontractors
Contractual
2/ 31/ 2019
1924948
2/ 31/ 2015
ALL
one person)
000, 000
100, 000
5, 000
1,
000, 000
2, 000, 000
2, 000, 000
COMPIOP AGG $
LOC
1, 000, 000
EO
BODILY INJURY( Per person) $
ANY AUTO
Any
PRODUCTS-
AUTOMOBILE LIABILITY
Ea occurrence
GENERAL AGGREGATE
Liability
I-XI PRO-
MED EXP(
Included
1,
EACH OCCURRENCE
OWNED
SCHEDULED
AUTOS
AUTOS
NON- 0VNED
HIRED AUTOS
AUTOS
1924948
UMBRELLA LIAB
EXCESS LIAB
DED
OCCUR
EACH OCCURRENCE
5, 000, 000
CLAIMS- MADE
AGGREGATE
5, 000, 000
10, 00C
RETENTION$
2/ 31/ 2015
WCSTATU-
WORKERS COMPENSATION
PROPRIETORIPARTNERIEXECUTIVE
Mandatory
YIN
OFFICERIMEMBER EXCLUDED?
in NH)
NIA
It yes descrneunoer
DESCRIPTION OF OPERATIONS below
2/ 31/ 2014
Professional
Claims
Made
EL EACH ACCIDENT
CGA2362982014
Liability
0000025771- 02
Form).
Retro
Date
3/
11/
2/ 31/ 2019
2/ 31/ 2015
2/
2/ 31/
31/ 2014
2015
2001)
UI
000
000
E. L. DISEASE- EA EMPLOYE $
1, 000, 000
E. L. DISEASE-
1, 000, 000
earn
POLICY LIMIT $
Fain,
11000, 000
11000, 000
aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, it more space is required)
Oil County,
GA and it' s officers are named as additional- insured under General Liability,
Business
Auto,
See
S, Umbrella
attached
policy.
Comments/ Remarks
page
for
coverage
details)
CANCELLATION
CERTIFICATE HOLDER
dfain @dekalbcountyga.
gov
EXPIRATION
DATE
THEREOF,
NOTICE
WILL
BE
DELIVERED
IN
DeKalb County,
Georgia
Maloof
1300
Decatur,
GA
AUTHORIZED REPRESENTATIVE
Center
Commerce
Drive,
2nd
Floor
30030
G Whitlock,
ACORD
IN. 9025
25(
CRM/
2010/ 05)
on. nns m
CIC,
Thu ACnon
onH
Innn
ern
of
Aro
COMMENTS/ REMARKS
ALL
PROJECTS
Contract
LISTED:
13- 902689,
# :
CID
Project
ITB
WO
CIP
Project
ITS
No.
ITB No
12- 100273,
Watershed
Parsons
Mgmt
No.
Water tank
Contract
Adjustment
No.
Groups
Water
2& 3
Meter
Replacement
of manhole . rings
and
and covers
and valve
contract
boxes
for
18
Dept
of
#2
260377
631904,
Invitation No.
12- 100268,
contract
Project
Contract
Waterline
Installation
12- 100289,
Water
and
meter-. replacement
Water
maintenance
of
sewer
and
flow monitors .
service
renewals
contract
19.
service-
meter
installation,
contract
11
ITS 13- 100347 Sanitary sewer evaluation survey for Norfolk Peachtree Creek Basin
Manhole
rehabilitation
Contract
No.
08- 901142
Contract
No.
05- 900023
Project
No.
Contract
Project
DeKalb
No.
Project:
Project:
Project
rehabilitation
Sanitary
N.
ITB
ITB No.
14-
13- 902712 _ ,
Installation
Sewer
14- 902926
No.
services
260384
14- 902891 -
No.
Invitation
Manhole
Plants
3002956
OFREMARK
30019, 9
ITB
Contract
ITS
507205
Television
Waterline
100425 -
14- 100398,
& Maintenance
Sonar
Replacement
Water
Meter
of
Sewer
Flow
Meters
Inspections
Groups
2 &
Replacement
and
Elam
and
Conyers
Road
Renewal
Contract
19
COPYRIGHT
2000,
AMS
SERVICES
INC.
COMMENTS/ REMARKS
Blanket
with
the
Additional
operations,
named
insured- and
is
on
Primary'&
Non-
Contributory basis.
XCU
is
not
excluded.
Blanket Waiver of Subrogation regarding -general liability, auto liability, and Workers
Compensation is- provided when required by written contract- with the named insured.
Professional liability is on a Claims- Made form with retroactive date of, 3/ 11/ 2001.
Umbrella policy effective 3/ 11/ 2019 .
CANCELLATION:-
Notice
sent
OFREMARK
10
days
prior
to
cancel
date
for
non- payment
COPYRIGHT
of. premium
and
45
laws.
2000,
AMS
SERVICES
INC.
ATTACHMENT
l'he( ioemirArthorit2'
of DeRalb
Cou tt_{
7e
The undersigieed, as Bidder, declares that. he has carefully examined 1I'; No. 14- 100398- .
Water PvletPr' Installa*inn, all annexed proposed form of Contract; the Specifications therein
contained, and the Drawings therein referred to, and that he proposes and agrees.that ifais Bid is
accepted, to provide the necessary machinery, tools, apparatus, and other means ofconstruction,
and wil furnish all materials and Iahoi speciied in the Contract, orcalled for by the Drawings,
or necessary to complete the Work in the manner therein specified within the time specified, as
therein set forth for the unit prices oil the form following this page.
lY
r>
y
zI CA of
7i
CI
C 0,
il
4+
I,
..
V.
N {
i ..
V.
Iv
VI
I.
V.
O
I
il
ul
I
I
1 ? >
i;
'+
i [
FI '
J
Y
woo
V ;
I '
V.
I
I
1R
I .mI
I
TO:
DeKalb' County,
or
is
The. undersigned, as Bidder, declares that he has carefully examined an annexed proposed form of
Contract, the Specifications therein contained, and the Drawings therein referred to,. and that lie
Proposes and agrees- that if his Proposal is accepted, to provide the necessary machinery; tools,
apparatus, and other means of construction,. and will furnish. all materials and labor specified in the
Contract, or called for by the Drawings, or necessary to complete the Work in the manner therein
specifed within the time specified, as therein set forth for the following unit prices, to wit:
ITEM
DESCRIPTION
UNIT
NO.
APPROX.
UNIT
UNIT PRICE
QUANTITY
PRICE
W1
AMOUNT
MATERIALS
400-
2 I ASPH CONC
6239
P; GP I OR 2, INCL
SY
50
50
105. 00
$ 125. 00
5, 250. 00
105. 00
$ 125. 00
5,250. 00
BITUM MAIL
430-
PLAIN PC CONIC
0560
PVMT, CL HES
CON, 6 IN TK
441-
DRIVEWAY
0016
CONCRETE 6 IN,
441-
CONCRETE_.._
0104
SIDEWALK, 4 M
015-
JACK OR BORE
1000
PIPECOPPER
Sy
SY_
105. 00
80
25
95. 00
8,400. 00
$ 120. 00-- -
2, 375. 00
15. 00
60, 000. 00
5. 00
X18. 00
125, 000. 00
150. 00
$ 450. 00
LF
6, 000
10. 00
LF
25, 000
EA
1. 400
670-
WATER SERVICE
5620
LING,'/,
670-
COMPLETE
11d &
I IN
I N STALLAT1,0N
15
I+$ 210,000.00
9740
U3'/ n IN&
I IN
morERAND BOX
ON EXISTING
STUB
G70
COMPLETE
9741
INSTALLATION
OF'/.
IN&
EA
2, 000 -
---
225. 00
$ 525. 00
450, 000.00
105. 00
42, 000. 00
425. 00
42,000. 00
I IN
METERS, METER
FiTT1NGS
611-
COMPLETE
8120
AD.fUSTMENTOF
E,A
400
105. 00
a INCH&. 1 INCH
METERS, METER
BOXES AND ALL
INCEESSARY
FITTINGS
670-
REPLACE
9729
DAMAGED
EA
400
WATER METER,
OR WATER
METER PARTS
670-
RELOCATION OF
9730
EXISTING. METER
EA
400
125.
50, 000. 00
225. 00
00
BOX AFTER
INSTALLATION
670-
RELOCATION OF
9730
EXISTING METER
EA
4 0v
Duplicate
0. 00
N/ A
N/ A
BOX AFTER
N/ A
INSTALLATION
670-
FURNISH&
SQUARE
9i00
INSTALLBLOCK
YARDS
] 0, 000
10. 00
10. 00
100, 000. 00
SOD COMPLETE
1 --
67C-
FURNISH&
INSTALL
S" uARI
10, 000
1. 00
1. 00
101-6 . 00
GRASSFNC
i
COMPLST73
999- - -
IWORK
LUM
9000
ALLOWANCE
SUM
A.F MORI7,PD BY
t$(
3MO
THE COUNT`?
I+
TOTAL, BIDS
1x173, 275. 00
563, 000
I' husc; quanlirius ore approxinrat: and nr.ry hu incloased or decreased fig to any and fill limits as
ocecasnry to complete lire. rouslfuclion of said Pnijcci without cril.iflinC; (he Contractor to ally
claim
for
exita
of such hnarcasc or dccrcirse, ' file Conhaclor shall be entitled to.con, pcnsatiun im file foregoing
roil ! Vines only on the quaatitics of m; derials actually flumishcd and wotk actunlly ( Ibtre as
de'tetnined and approved in writing; by the County through fill insperf.ion or lhc: work coilipletcd.
1n ua went shrdl Utc,. (; oonl;y he habio i0v payment in cxccss of dtc total 13id anunoli. of 1
hitiori snrpc. "`I' O' I' Al, 1110, iignrc ns listed on the tbrr. going pag(-.) Without protmr prior Witten
authorization via Change O).dct 1'rom the County. ' fite ' total Bid includes and encirm;r; rses late
cost of all labor, malm-is4s, cquiprricnt, took, supervision, scl?t:duliug, safety prog, rrnn,
cooxdiuulion, cnginccr' int;, testing, surveys, layout; cleanup; and ofhct things and se?-viccs
iequircd.to complolc flic entire Project in sfrirt aurformily With the O tmving4, SpocilkatioiIs, the.
Contract, and fill- addmldi l and anlhoriZed written chiriGcntions issued prior to ( fit- 11X1
date. Without liruitation, the ' folat laid also utcludes fill " Ipplicabitr sales and use tax+s, fens,
Icmporary lig Ming, scullrity liar thc site, heating and cooling, willpprary utilities, ( ieight costs,
handling costs, liermit costs, field and main office costs, bond pr(:minn?s, iosiuimco prenlimils,
direct find indirect.admiuistt<ative costs, ovehcad, and profit,
Bidder has examined ( lie silo of tl?c propmcd Work and all docnincn(s comprising the Contract,
and is salisl3ed as to the con( lilious to be cncounterod ill perlinnring, the wink and as to the
requirements of{ he Coulrac(.
No Bid nary bo revoked or wititdrawn unlil sixty ( 60) clays aticr the time, net fur opeuing fhr.
Rids.
wccnt US " I' lrnsury Circular No, 570 and liccnsod to write surety bonds in file Statc of(',corgia,
payable to I.? c.Kulb County, Georgia ( fir all official banl( ehcck), in file amount of fen pereoal
10`%,) of the
If Ibis Bid shall be, accepted by DuKalb Comity and ( he undcr:tiigna,l shall tail to execillc a
satisfim; tory conuruct in the .tbrm of said propm;d Contract, give stdisf;iciory ferfimilitoce , and
Payn?ent 11onds, or furnish satistiiefory prnoi, of the insuraam required, us stated in the
Inshricrions to ilidrlcrs within ien ( 10) ( lays foul doe Nolice ol' Award of the Contract, lbca? the
County ttray of its option, (tct(au?inc lha.l 0fe ondu", ucd abaodoncd QA: Contract and thcrruplro
his Rid shall be null and void, and the sum slipokled in Iltc attached Ric! 13ond ( or at) official
IR
subcontract
the
portion
stated.
Bidder
Understands and agrees that the use of any Subcontractor not listed below shall be strictly
prohibited without prior written approval frorn the Lounty. ( List names ofall subcohtrectors and
the r-ork ro be rrovided by the s:! bcnntracror on t/te lines provided.Gelox.)
DD Sewer Inspection Services- Install Water Meters
Bidder further declares that the full names. and residence addresses of all persons and parties
Atlantasa
19
Signed,
By
sealed, and
dated Ihis.-_ 11 _
c12y
o!'_-
August .
StiAL)
Srbnature
Barry Bennett
Print Name of Signer
President
Title of Signer
2014
EXHIBIT 2
SCOPE OF WORK
TECTINIC,AL SPECIFICATIONS
unless n(hcrwise directed, all work perlimned undo Otis lbulmcl .ch; Jl be in accoldance. Willi.
A) DuKalb Comify Uepnrlmcnl of Watersheil Mitnagemu f, Pamhle Woler Merin, ( Wavity Sarrllmy
Ccirrn and . 1'nnihuw Server mud 1inre Main De.rin Slondands, 2009 edilion, Vcsaion LU. aild
13) State. oh Georgia Department of I' mnsporNino ((: iDU'I)\'! ma/ rrrrl,ljx'ri/i<,nlionr fu 7Yrc Convmaa:linn
rf Iforrde omd IfridRea, dNUf hint, 21, 2001 PAlitiou, any current Supplemental Specifications modilying
them, except as no(ul in ( be attached Special Mov isions and any un'rent S ivifSpecial Pmvisions
1.)
SINc of licorf!ia, MIXIIImrtad of"I' ranxlunialinu. SIANPARO S74:'(: fbit d7YONSP IR 7711!
fWWRI ICI;7UN(') F MOAD1' ANI) PRII) GINdalcd. line 21, 20111.
All of the specific seclions. from ( hose shlndaid spceificalions refcrrul to in diese Contras(
f) ocumcn( s arc available Rn review and downlnnding ui:
Iln>f.// hllllefll.( InLFtatl:.b)Llls/(, nnh'ILIe/ 1 t)Iillit iYhfl( IOn/ IIpIQaIItiUUf b%o1O7O11 LO(il
2.) SING of( icorgin, lkpm1meal of Translortalion, , 1'l IPPI./i 47-All'A/ OF(' 11,ICA IYAW FOR
CUN,VrRIYC7TUN OF ROADS AND BRIDGES. 206h Edition, modifying and cspaudimg the
Shelf Spceial Provisions are available fix review and downfoading nmdcr the Slafe of
Georgia. Deparinmm of"Prmispor(:dion THGS( NI.RCh websitc:
lily];! All+w
dots(alr,.1,
llt.'/spgnd
d.) " fo Doter hart cnpic::( hooks) of the iwo piiblicalions Listed above, p' ul. c cunlncc
angia Ucpailmen( of' I' rmasprdimion
3' C
VEKAL. 0 COUNTY
SFCI ION 107 I, li(; Al, RE' GULA' TIONS ANORFSPONS11M. 1' fy TO 1' Ill: VI 1111, 1(:
S'errion 107. 01
IA w S 7 CL OBNERYla%1
111C C ontlaclors allentiun is directed hl the fact that all applicable Pularal, Slate. and County laws.
unmicipnl oldinances, will file ides and leguhiiuus of all nnlhorilics hawing juti,mlictitn nvcr
construclioo of Ihe. PoJects shall apply to the C011flacl duoughnul. and Ihu" will hedermal fu
be included in the C' unbrxl as ( hough written uul in lill bulein. ' I' lle Cuouaclot shall keep filly
inlimnral of : dF laws, urdinanccs and regulalions tf the I7ederul, Slam, COMLIV, and municipal
gtvctnnler.ls aT authorities in ail' mmalur affecting ( false engaged or employed in the Work oI the
materials listed ill the Work of III ally wad' aITeeling flu, woducl nt' the Wurk and ul' all orders and
du:rces of bodices or hibuaals having ally juriuliclion or audhorily liver same. Wally disu?epalley. m
inwusisleucy shunld be disawcled in Illese Contract Utxnmcnls tr in Ihu Dlawiigs or
specilkaliins herein refertrd ln,. in rclalinn to nnv such Loy, ordin.uace, regnlatiun, ofdur lit decree,
Ills conbaclur shall herewilh repurl the same in lwiling lu file. favor. ' Ihe( imlraclor shall : a all
liules obscrvc nod comply with 101 such csi%lint; aid (, little laws, , oJinauces and regulations,
and shall protect and IlnleJllllllY Ille() Wnel' and Ibe OWIIef% agent4 against file riolaliou tf ally such
law, ordilia we.,' regulation, order or ( IOCICl, whether by ( he I unlracler ur by the Cunlrndur's
enll loyev%.
Sectiou 107. 02
11eniils and licenses of a tcugnnary nature, including building lxrmils, nescassarg for the proseculiou
of Ilse Work Shalt be. sccurod and paid filr Iii the Contrechlr. I' crnlils, liccuses and casements lire
pernuln wit Stilettoes ur pennanoul changes ill c.Nisting facililics shall be waned and fetid for by the
Uwncr, unless nthnrwise sl) Wl' ed.' I' br, Conirmlot will pay all sales consttnmr, use.: nal, uller Similar
taxes required by the law of the place whom Ills \ York is peTfixmcd. I Ile Coll( raetllr is obligli ed to
comply Willi all local mid %lane sales and use lax laws. The C' tnhaclor shall pnwide the Owucr with
documentation In assist the Owlxr in uhlainiup, sales and/or use as refunds fill eligible nladliuery
and equipulcnl used for the prinl:uy purpnsc tf rednciug ur clialinaliag air of walcr pnllulion as
provided for in Chaplet 48- 9- 7( 36) and ( 37) nl' Ihl: 011icial Ctxle of Ge o7tia Annut:dcd. Atsuplance
of the potted as cunlplued will not he madu by the Ovvucr until the Cannadur hax filly cunlplied
Willi this lequirannenl.
Ili
II MALB COUNTY
ill aecoldnurce will, Mauu:d nn Ihliloell) TraBir Conlrnl I) vices( MI1TC' U) and DeKalb(' onnfy
repulalions, will, reference to construclimt operltions, safely, Iraflic control, road maintenance
alld
repair.
The contractor shall provide suilnblc signs, bmricadus and lighls Ibr 1111acli0n nl' h'affrc in luealioas
Miele Irullic may Ix, codangerul by Ituadmcry inaprovona0ms. ' I[ icy shall bu removed as soon as
coodiliuns which na;es0aled Ibeir placement have been cleanest No highway, street, o1 roadway
shall IV claw! willow firs) oblaininp p0nmi.Atil from 11101), 01101 lilhorily.
I. ' 1' hc. contractor shall Provide. creel and maintain all acecssaly barricades suilnllle and su( licienl
lights and othm Traffic control ( JOViCUs; shall provide qualified flaggers whets necessary to direst
Traffic; shall lake all " coassty procuulionx Ifs 111e prnlection of the work and The. safety ( 11' Ile.
public.. plagge.1s shall be ccoilied by atlalding, a(' curgia 1)( Sf appruvcd Ihrg ed Ira ining program.
Roadway cuust, act it' ll Indlic devices and Ihcir installation shall be in accordance with the
current Montalto" lluili,nn ' ll.d'1is(: antral Ucvicas fart Sheets and liighways.
1. Submit a weekly Irallic coulrul plan uullining in detail the mnieipaled c.mils ( for example:
cnnslruction traffic euulrol devices shall be eo0rfioarel with the DOT and DeKalh County a
mininurm tit ill hours in advance.
channel inapruvcnacol aclivilies. Conslnmlion Italic. e,nrWnl devices shall he romoved inunedialely
li, llowirig their uscrul porposc.
5. ' frallic control devices used illWimincnlly. such as Rlagnruu Ahead signs. shall bumna>ved .
and replaced when needed.
6. Channelirrtiun devices shall be Iawsiliuned pmeding am obstruction al a urper Icagth ns, cquircd
by dtrirnl the MI I' I.' D lirt sheds all lli!;bways, appropriale 1im the speed limil at location.
Chanul devices shall he patrolled to ursor0 Thal Ihcy arc nrainill ined ill the prop::, position
throughout Ibcir 1wriud of nse.
IS'
IIEKALR COUNTY
NU'IT:' Ihc.ConOmanr shall cnugily with Ill: ICpecls of the National Pnlluhad Discharge
GIiminnlion System( NPI11 S) goro'al 1' ennil No.( AR 11101102, effleclive. August 1, 2008.
All mcasntcs fill file control of erosion will Olation mull lidlow the guidelines as specified in Ihc
itorgi;i Inr ioa and Salinwnlalion Ad of 19"i5( as autardcd).
All measures required RI minimize water polhil ion In; it fccled walem shall be Imdcrinkcn in the proposed
Work. ' fo achieve this end. regard shall he given to the prol" liun of the waloiahed nabmd cover,
measures iuslilutod to assort nlininlal siltmion mid bank erosion from lilt cnnshuclion, and other
nluisures taken to redoesr water prllulion lu a mininunn. ' 1 lie Contraclor must adhere to the Soil
Fl( lginn 9111( 1 Scdimcnlalion Ad of 1975 ( as amended) tilt,] Ihc ISrosion and sedintoitation Control
Oidinanccol DeKalb CuuNy in Meet ill the lime of the issu: uceol lhisngreemenl.
Any aica used of involved in die t' rojcei disturbed by file( oolraclor, shall be ieslored to prnseal of
belief condition even though such mill is oulside Ihc hillils ill that slurilwd fill giading, ginving or
landscapiu;.
All chaniuils used during I' rojecl coustrunhoa or Imnished fill. poo,iecl operation, whether herbicide.
pa;lieide, disinlectanf, polymer, reactanl or of other rlassificution, must show approval of e" bel
lials'Ironmellot 1' lolecliun Agency' ' ITA) of t nilal Slnlix UcparDutnl of Agl'icululre( USDA). IIse.
of all such chemicals and disposal of residues shall be in strict andiarmancc with inslnu+Lions.
Necesmily s:miloy convouiences fill. file list of the labor oil . the Work shall IV ix(mled and
niainmimd by the <. bnlraclor hr comply will' all applicable laws : led tegulations and in
accuni;ma: with all Snli+ly rcyuin;nlcnls," I' he.iniso xball be strictly adit cd.
Should the Contractor so desire, he cony build sh: olicS nr olht+ shuelures for housing owk
nmthinery, and supplic; but Ihcy will be perolillecl only in localiutis appnwcd by the Conslruetian
Mmiagu, and Ihsir surroundillgs shill be maintained al all miles in a saoilary and snlix actor-' m: nmcr.
Ur, on c fiu'e 111e' completion of 011: Work. all such structures shall he Innuwal, Wgclho Willi all
nihbish ant Bash, al I lie expullse( d Ibe.Conlmetnr.
The Collin,:lur shall irslofe :dl c;,,*elocnl areas upon e) ngllelion of the work and hdbrc leaving 0u
Project Work Amt. ' I he elwua' reserves the right lo willihoid liunk fur onsalislhclor"v dean- upaud
cascnraN lestnraliom.
1' S-
Mailboxes
The Couhaclor dial) have I'ISpollslbillty III' IL'l lar\Illg: Illll ocloc:ljlllg all IlloilhOxe, la : ut mee outside( f
file constI uclion li III ils hill still accmSible Ibr mail deliveries and cunvcnicnl to the mail carrier and the
patron( filling the ellI.iI, lisle of enlmruclion, al. olov he necessay for the Conu. tclot to confer with the
Post oil-lee Scniug the urea. The U. S. Postal Screice ( l1SPSl flits provided guidelinos I'm the final
placeulanl( It 1113dhnxcS IIR SlloWll III' Ile lcll('W111g tlglll'L'S.'
As sown as cunstructiun has progressal to the stage Thal. the msilhox may he cmvled in its permancni.
position, the Conlrlcho shall eordinale dto m'cClinn with tale polron and the Po>l Office serving the
area: Any dannlgcs le the posts or Inailbuxes due In the renurval and/ or Irloeations by the. l. Intmcl( Ir
will lanais file I'csilonsibilily of the Conhaclol. all damages pnsts: u; dler m;Iillxlscs xhull be replaced and
installed by the C' unlrlolnral Ili., cspens", oscltl liog mailbox encloslucs of masenvv constnld fun. .
Mllilbox" s Ihld Inc M he iuslalleJ at( laa;nl or within sidewalk shall lie plae:cl in such it manna' as k)
maintain approprialc sidewalk eidth between tilt mailbox Hnd the sidewalk edge. the colltraClell' is
solely responvibic for complying will) the most current ADA guidefinls al the siie"" lle. mailhaz. ll it is
delermined by the fiugincer that ADA guidelines arc WA met due to taihlle. to install the mailbox
correclly. the nlailhux shall he moved by Ihc." Infractor ill no" xpelvan Tic County.
Ant' cost ill costs 11 the Contnlclnr ' or removing, relocating or in fallatimrs of maillxlxes as Milledd rr".:< Imll Ile included ill the overall bid price.
1' S-
DEKA[, It COUN' IV
would
will,
even
144-
otasidc edgnul
l5rll1.
1 .
Conti.
wy
I! V lil:
lv
CIBII
Y
S1ree1' OuilAi: r
are al I
e " US
1 trccYmnrnrr--en-..w!-I--F xcs
III COLIiNXAC CUllli
ceal-
do- sac
: 111:
hi+ ling
line box.
cuRrand/ ur !
utrn
i\
Inorder
box.
MI
CURh
t'
fbc carrica' plidxsl wave/nppm'Ieh yaurlwxwhcn it islaxsilinned ( o Ibc riFhtol'yonr drivusr, y lwhrnr
lia:iu Ixruacl. uniess thelvisc wilvai drain on llat side w.. of axu-se. i.l_ yyou l i ve on o corner mu:! par. box rind
drivoway am not online sameslmelVAI II! ONAlecrurful not In Jiginlu lekphonc. rugpoweri ims
When erecting moll Irox.
IS- 6
DREAIM COUNTY
Scaiou 1117. 16
lrlrl( hgJnllnwiGi
The Owner shall have the right In lake possession of or Ilse any completc(f or tel ti:dly eomplcetl
part of the Welk. I'dor to such possession Or use) the Coustructiun Mau:y cr shall larnishthe ContraclOf
an i1eani7ed list of work remaining to he purfmuad or corrected on such purtious of the.1' rnjccl as are to
be possessed ur used by the Owner. provided that failure lu list ally item of Work shall not relieve the
Cunhaclor Of the rcxlwnsibility tier uanpliance with thc. terms
of Ibc Coutrnc.l
. Such possession m nse
While III! () wner has; such
the Contract.
shall
not
be dcuncl
an
awcplance
of
any Work
under
possession or nse, the CAUhhactor, notwidetalldinlp the provisions MJ' the article of this Clarinet,
entilled. Pun, ils and Responsibilities shall he relir.sed of the responsibility Ii+r Ibc Iuss Or that it.
the Work resultingfium the Owncn' s pasccsa:ion or usc. If such prior prxsxession or nse by the OWnur
delays the plognassof Ibc Wurk of causes addilionalin expcasc io file Collbaclor,1 itsuch shall be hn lsellilted
May be
lathe owner
in writing: utd:
cquilablc adjuslnu:nl
thet
I'Ill'act Priceor
the
of Cl 111]
mark, and Ihr C' rmh: rct may bu mOdilicl in Writing accunlingly.
Suclion 107. 18
rlddllrvfaldnniog paragraphs:
Pile t lwucr Will pnrvide, as indicated in file Cuntracl Iluculleols II,e lands upon which Ihu Work is to
be done, rights-ol- Wiry tier access Iherelo, and sueh olber lands which arc deaignalcd Jill Ile Ilse of file
OTI11u.eior. The Conlraclul' shall confine ( lie Conhaeior's Work and all associaud activities to the
casements quit ether area; desiguatel for the C:onuaclors Ilse. ' I he Contraclor shall ctnnply will, ally
limits un wrislraction methods and plactiecs Which try, be mquire.d by ensenlunt agrounenls. If,duc to
some unforeseen reason, the accusal' casements are not obtained av schedolccl, file Contractor mayreceive all exlcnsiun of Contract Time, dependeN upon the elect on the critical palb activities of Ile
pn+jtvl selledule.
Nnnvilhxmnding; up' pravisiou Ur Ibc roninny herein, should the nadac.r Fail to obtain the necessary
tern,ivalira stemming liana file owners failure to obtain life necessary, rights-of way contemplate! in the
wopeuf work.
file Conlnmtiu shall inspect all casahwnts and rigid'- of.why In ulsuru Ibal ( he C' unIl1y Ills Obtained
all Lind and righlo-ol- way us shown in the plans necessap. Inn cumplelion of the Work to be lw1biacd
pmsaaIl to Ibe Conln,ct
Uocunlculs. The Conlraolor shall comply Will, all stipulations comaincd in casonwnls acquired by the.
Ucparlruunt.
IS-
UBRAI, 11 COUNTV
Lr owrds AN O WA RR A N' l)' to the I illcol' dlis xu., inn. Add fire
JJHnn' in).
WARRAN' IN:
1' he Conlraelur shall wmraltl Inr a period of one yea, Ihnn the dada: of the Iliad acceptance Ihed Iltc
completed project iN lice lion, all delcels clue to foully products or workmanship and the Contractor
shall promptly make such collections as may he llccessmy by rcasun of such defects. The. Owner
will " ivc notice of observed defects with lemonahlc prompincss, In Ille weal Thal the Collimelm
should lail lip wake such repalrS, fldlg%ll ie111a, or olher work thal may be 111:1& 11cce'Isal'\' by Sllill dcl'cGI V.
Ihu (. tw)Ipl play do Al ; old charg0 the i.:unl raclur the cost Ihcreby inclined. The Pell-ormance Rood
shall rem: sin ill Bill Bice and dlixt tl, nnlgb the warr:udy period.
Section 10721 CONTRAC I DRS RESPONSMILI' I' Y 1: OR 01 IL,I' I- Y 1' ROI11T IY. AND SHMCF.
1dd/ hgfi, lfnrviq sentence lu 10721. 4:
I het, ntraelor is re" pousibic tar life, loaaion of chowand bcluwgromld ulililics and ranmim'cs which may
heallivacd by the Work.
IiX IS' f-1N( i itNI) I; IM ROUN 1) ki' l' l LI' fl L.S AND O73S' FIR UC'l'IONS:
The conlraclof, aN rcylrred by ( icnrhia I.: nv ( Cock Section 25. 9--1 Through 25!)- 13), shall call 11
Illililiael' nacctian(' enla:r( UI'<' I x1125- 10(1( 1 or 1- 8011- 2x2- 7411, andall mili[ ics, agunuies or ilelaartmrnls
had awn/or olt: rnic ulililics in life vicioily oI the eonstrudion work aim hl verify Iho Inulholl of exislin6
ulililics.
1. I','oviele the mquind notice to Iho utility owncca and allow lhcm to localu Illeil I: wililies according to
II is Gcorgia Ntw.
1. I' Xllt s: ( he, lavilily to verily ils true louliun ; md padc in odvaocc of nlatlwny improvunlcnl.
R' pair or hive repaired, ally damage to ulililics maillinp. ling, locatinI,.or exixlsing Ihcir true IOU16011.
3. Avoid olilicy ( lem;q o and interruption 11) protecting it will, munn tx mcll,eds mcormucmled by
the tnilily own er
I: S-
UEKAI, 11COUN1 Y
1' ItCHN ICA1, 5/' 1? CIPICA'I'I( INS- WATER METER INS'1' ALLM ION
L!/ rlrr( dlnrvinp to 107 2I.C.
life Cunlractor shad, so whedule Zile Work Thal do..upernliou of airy existing facility, including Willa'
mains and sewers. Will not lie inlcnvpled. In thee cvcnl detain lio- ins ur other nperalions m;lke it
all,lukuly necessary In inlemlpt the upernliou of existing IJIcijijjCti, IIIC Owner Will be IIl111h1'd: Illd SIICII
work will be. dune its a lime and in a ill:unto keccptable to Ihu Cooslruclion Manager. Bypasses of
untreated or partially treated wastes which arc abliol te,y necessary 1u crnnplcte the Work slmll be
shnsva ore file Couslneulion I' mgress Schululu. The Consiroction Manager shall lu outibed in wrilingor
the dale nod lime, and dar;dinn of suc.h by'passus at least ten( lo) drys in advance.
tile CoNractor shall paled boar damage all cxisling impruvurnonts or ulililics : d ur in
pmxintity to the site of the Work, and slmll repair or reslore alp, damage lo snch facililics resulting,
liom lailtee to oselciw m sonable Glue, in Ile purPnm; mce of wurk, I I' llc Cnnvuctor,: ails or refuses Io
repair any such dannq a promptly, rile Owner may have Ibc Work porllnnlucl and charger the cost lllerco r
In the C' nnhnctar.
Prior to implcnlulling Roadway Improvements,, the Contractor shall verify all existing utilities true
vertical cold hnri'lnntal location within the vicinity. In order to avoid conflicts between existing and
proposu I facililics ur niililics, the Conoaclur shall lake svhalevor means now be necessary In pnrlecl.
cxisling
l'ncilitics or utilities during pcuinrmance of Roadway 6npnrvclnculx. as approved Ily the
FligincerJCunsbochou Manu,(cr. No paynlcnl will be nmdc fill the Iclocalioo of existing ulililius or for
mv work assmilit ll Willi file plolectiun of cxisling facililics en utilities unless clmlract pay deans are
indmlcd.
I' hc owner mnlior;, pclM rs ill privale or public utilila-cshnll havcacccss In such 1161jics al sill limes fur
and olMalionnl said utilities. Nu calm congnnxalirnl
file
plans
slloW
the
approximirte
locainn
Of
mrlaio
underground
ulililies, gas
mains,
Watu
lines,
J
drains. tclophone cables, and slruclurcs acennliug lei infimnatiun presented and available in the Iccords.
I' hc dmennimrhon of the execl haaliunand olhur dale uu all cxisling I, eililics, Ibcir proper proiciliim,
maintenance and support during; the pmscculiun of the work, is Ille exp1m, respoosibdlly of the
Contractor.
WlImm existing olilmev fuv encounlcrcd which conflict in actual position : md lwslinn Willi the
gnnpuWA work, the Cou1rW1111 steal, promptly notify the uti, ily owner and Consnuclion Manager.
fcnepuruy support, banns or bridging fix lai, itics sh;lll be jell in place Bluing bauklill
All Gusts in cnnnectinn Will' supporting, pmkeliug. relocating, removal. repair of d;unage, .
reslondion ell miler ground Mmclul'cs. Whelhcr or nut they are. silmen bn the plans, not borer; by the
uwncr or Owners of Zile utilities shall he learne by the Conh'actur.
No separate payneeul will be " little IN fray work performed as hcruin aliovc. specified unless
ollietwise slated in the bid as a separate payment item. All costs in conn. clion therewith shall I e
included in thecuuhkt price or life item W which the.work pertains.
iS-` f
I' Im Coutmctor shall he solely and directly responsible to the owner andh+r olhu operator of such
utility properliac I'm any damage, igjwy, expense, loss, inconveil ieiicv ur delay, or for any s??its,
actions, Claims or any Character broughl on account of nay don a. s whidl may rcwJt IFom tl?e
currying out o1' the work.
Thc ulililica shown ra? Ilia plans are far the Conlractol' s henelil and arc io be considered
as
approximate in location and are not all- inelusivc or exalt. It is the Contraclols responsihility to
contact n1I utitilios and have Iben? locale Iben tin" in the field. Utilities shall be coalacted a
ruin imum of hvo( 3) working days prior k? conuncucing of nnislruclion.
It will he lhC l' onu'ncwrs responsibility to undLrnl to all ( lie mquiremeMs of file speCilicalinns as
they resale In coupelation with Wilily owners : old file laomcliol or ulilily installations that exist on
Ibe Projed.
the Gaitracbm will nnl be paid ti?, : in)- Jcfays or exlia exilcnsc caused by utility facilities,
obstructions, or any olhc ivans nol being mawved or reloca(M to clear eunslntetioo in advance ulhis
work.
It shall Ile the responsibility of Lila Conh'acWr to courdinali; his work with any work to be
pertbrnwd by others in any righl-of-way cleanu?ce and an: mge a sr:hedule nl' opnalionx that will
allow for crnnplction of thu Prgjcal without undue dofny.
Ink,nnalbmo concerning ulility facilities known W exist vilhill the Plojecl limits is shown an 111e
oanh'nct drawings.
I' S-
DF,KALB COIINI' Y
Pseepi as otbervvise provided, during the puibrmasox of (his Cnnlnel ( Ile Cuntrn001 alu'ces a5
Bellows:
ILc Contractor will not discrimifutc against any vlopluyee of applicmn tier employment
Iwrnusc of race, color, roligion, sex, of national origin.
Pile Contract Will lake alTirmalive Ilion to cosine Ihal 1pplications ale cmployel and treated
during enplovnwnl wilhnul regaol to race, color, icligion, vex, of national oigin. Such action shall
include. but not lie limited to,( he f 4lnwing,
Icnniulooll: noes of pay on other forms of exanpnnsalioo;- and selection foe ( mining, including
apprenticeship.
The Contractor agrteS to post in amspie:unus place.,, available in employees cool appliC1ols for
enlploymcol, notices selling( loth the provisions of This P.qual Opportunity Chlose:
The Contractor will in all ualicihdiuns o1 advertisement for employee:; placed by or ou bellall of Ole
ontraclor, stale that all qualilicd appliends Will rewive cunsidetnlion( of employment without regard
to race, color, religion, sus. or national origin.
send
In
each
labor union
or
which
Cbntraelor Ills coIeol ive hlrgaiIIifrg agrccm ellts nr of lift, coot, refs in understanding, if noliuc advising
the 1. lxn union of worker's i prescillativu of the Conhnctor's Cool nitcourts under this Film Oppmtlm ily
Clause, and shall Ixrst copies of the notice in conspicuous places available to crrgrloyces and applicmtls
for
cntployoaeuL ('
011111001
ag=%
contractor had made With tiny association, union. 111 other enlily, with rtslwel to wages, salaries, and
working conditions so as 11411 to cause inconvenience, pickeliug, in work stoppage.
The Conlauctor shall incFncle Iho pruvkimis of, this 8qual ( lppununny article in
every
suheuntraet of purchase urdur So that such provisions will be hiuding upon each suhconhuctnr orvendor.
l' ailllly. of it sneces5hll bitider' of Wiloactol hl fully disclose : dl the CWIlnrelnB ur SIIbC01' ll'aeter5 to be
engsgczl ill a given public contract awaal may result in Voleellatiol of Ille contract and imposition ofa
snucti0u on much violating hiddel of contractor tie the period of amc( 1) year.
I' S-
II
11EKA1, 11 COUNTY
lidd/ he fidlowiug:
ISOM ISPEC1ALCONDITIONN:
ILe. Cnnunctol + Icdl not install lane clo. ures ur owve equipment of m:nerials wilhin the
project
with
Indlic
4: 0op.w, to 7: 001p.111.. Mnndoy Ihrou; h 14idae. Aquipmanl nr nlaler::d.v moved ca or actosN the
Iraveled way at other liiucs shall be done in a manner as nut fn unduly iulerl'mr will Vallic.
Puilurc to comply with the working hrnu:s as described is Ihis special provision Shall rcsull in the
assessment or damages in the stnounl of$ 1,() U( k00 lout 11OLIM111d dtrlla: c) per Ia:cutrenet.
Fs-
12
DEKALB COUNTY.
When rcconnceting service lines, and it is delermined 1611 the cxisling W1ter ; nGer is 1161 a Touch Rend
meter, the Contractor shall tealove IN. existing, nuHer and install a 1'. 1101 Read meter supplied by the
11c Kalb( wady Uepaliment nt Waiclshod Managcmcnl.
adrl rba./ nlGnrigq pw( N, apB io 6170. 9 Adeasuromenr:
Walm Mcua
Rcplaccnn; nl_-
IS.
13
I' cr ? ach __
DEKAIAI COUNTY
1)
General Deseriptina
Section 999. 1
Pay Item No. 999-9000 is ; m allowance fur work wllch stay or may vol
be required mn the prnjeci ns diwolvdhequeswd by Ihr. Ellgillucl Ilse
of Ibis hell will be only as specil'icall.v authorized by Ihr. UcKalb
Comity Uepill1mont of Walershed Mauageuacnl.
Rvery CAYor! will be made to n goli; ale Lila aoccplohlc price wilh 11w
Uonb2ct,
itpocablc price. with Ihr. Coll lraolm, 11cIialb Count)' i'e3Ca'VeS Ihc right Io
negotiate both Brice and Nvarranlics with specialty coulnteloaa ter this
purpose. The. Cainnactar will then he. rcgrirnd to include line eork
the
utilivin,
spuciijity subsnnh:;ctor. A maxinnnn
Alowancc of 7". 0 may be included fur overhead purpnscs of till: priau.
autbori;: vd,
Payment
Fur paymiml purposes, nce' Inded prices aill In. converted to o pcacenlarc of
licm No.
irk
Allow; ace..............................................
Sum
S-
14
Ivr Limp
EXHIBIT 3
CHECKLIST
REQUIRED DOCUMENTS
DO(..tJMle,,N'[', S CHECKIAST
Bidder shall complete anti suhmit the Hollowing documents withI theiI Rid.
Re
oc 11111cats,
MENTION!
Bidder5slInit Price l:01111
A
EI! Lt SOUIC6101
Lned st,
zli
Ccil i Amw
Al
gg-
acidn
Tracking Forn,
4
fly
of
ATTACHMENT J
Ethics
Policy)
0G0UNIh
FO9
OW
0rp
Lee N. May
Interim Cro
WHEREAS, the citizens of DeKalb County, Georgia are entitled to have complete
confidence and the highest degree of trust in their County government; and
WHEREAS, the Organizational Act and Code of DeKalb County include rules to
ensure ethical conduct by officials and employees; and
need to monitor employee' s compliance with those rules shall help to ensure that government
conducts itself in an open, honest, and fair manner; and
WHEREAS, training employees annually of the existing ethical rules shall further help
to ensure that government continues to conduct itself in an open, honest, and fair manner; and
WHEREAS, the Interim Chief Executive Officer of DeKalb County is charged with
the responsibility of ensuring that the County employees serve the best interests of the public at
all times; and
the best interests of the citizens of DeKalb County to prevent fraud and abuse of office in
government;
County, by virtue of the authority vested in me, do hereby issue the following Executive Order.
This Executive Order applies to all merit-exempt and merit employees subject to the
supervisory and administrative control of the Chief Executive Officer( hereinafter referred to as
CEO employees,,). i CEO employees shall adhere to all applicable ethical rules listed in Section
22A of the Organizational Act and the Code of DeKalb County. A copy of Section 22A and the
relevant ethics provisions of the Code of DeKalb County referenced by this Executive Order are
attached. Violations of these Rides shall not be tolerated.
CEO employees shall adhere to the ethical rules listed in Organizational Act, Section
22A, and the Code of DcKalb County applicable to them. All merit-exempt CEO employees
of
Interest
provisions
sections
c)(
c)(
Gratuities provisions governed by section 22A(c)( 2)( a.); Disclosure of Confidential Information
covered by section 22A(c)(3); and the Disclosure of Interests provisions ofsection 22A(d).
All CEO employees in departments under the merit system, as provided in Chapter 20 of
the Code of DeKalb County shall comply with that chapter which includes, but is not limited to
the ethics rules of Section 20-20, Conflicts of Interest and Section 20-20. 1 regarding Financial
Disclosure Reports.
III addition to the existing ethical rules identified above, all CEO merit-exempt
employees shall adhere to the following rules governing each specific area listed below. While
Section 20-20 of the Code of DeKalb County contains specific monetary limits for merit
employees, the Organizational Act does not contain such specific limits. These new rules are
designed to impose specific monetary limits on merit-exempt employees. To the extent that any
rule in this Executive Order conflicts with Section 22A of the Organizational Act or applicable
provisions of the Code of DeKalb County, the Organizational Act and the applicable provisions
of the Code of DeKalb County shall apply. To the extent any rule below is stricter than Section
22A of the Organizational Act and the applicable provisions of the Code of DeKalb County, the
stricter rules below shall govern.
1. Gifts. A CEO merit-exempt employee may accept gifis2 from an interested Source,
having an aggregate market value of folly dollars ($40.00) or less per interested Source
oiler elected
of
campaign cunlrihmioas and donations are regulated by applicable state and fcdctrd law.
r" Gill' includes any gratuity, favor, discount, enlurlainntent, trip, hospitality, 101111, forbearance 0, other item having monetary
valac. It includes services ns well as gins, of" Ailing, transportation, travel, lodging, menus, whether provided in-kind, by
purchase ofa ticket, payment fn advance, or ivintbursontent after the expense has been incrmed. A gfa does not include: modest
items ofprepared food and refreshments such as son drinks, or coffee or donuts other than as earl ofn meal; loans from tanks or
other financial institution on tens generally available to the public; social invitations from persons or entities other than
Interested Sources.
Per occasion, provided that the aggregate market value of individual gifts received from
any
single Interested Source shall not exceed one hundred twenty dollars ($120.00) in a
calendar year, except in the following circumstances, which are exceptions to this rule:
a. Meals. CF0 merit-exempt employees are allowed to accept reasonable meals and
refreshments from an Interested Source furnished in connection with participation
capacity. CI30 nlcrit-excappt employees may accept travel from other nonCounty sources for any official purpose, provided that they disclose the travel
As Chief Executive Officer, l am governed by the ethical rules in tine Organizational Act
of DeKalb County. As such, those rules do not contain specific monetary limits on gifts, and l
believe it is important that I set an example for the employees who are under my supervisory and
administrative control. As a result, I am choosing to be governed by the ethical rules governing
gifts stated in Section 2 of this Executive Order, and I will abide by the rules in Section 2 ofthis
hneresled Source" means mry person rn' entity who: ( a) is seeking official action by the employee or the cmpluyeis
department; ( b) does business or seeks to do busines} with the cmvtry DI' he COIIIInyeC'ti [ IepnrlmCOl: ( C) COInhICIS AC(wlheA
regul
ated by the empl
the emplofficial
oyee'sdutidepartment;(
interestzatis othin nhaviconynghea substnoti
nonperrmnrunce
or theoyeeemploroyees
es; m ( c). id)s nnhasorgani
mijority aofl y itsaffected
ntcprbcrsby performance
as described orin
paragraphs( a) through( M.
dune 24, 20 t4
3
Order, in addition to all other applicable provisions and exceptions of this F..xecutivc Order, and
local and state ethical rules and law.
Section 4: Trainin
All CFO employees shall comply with these ethical rules and shall receive annual ethics
training regarding these rules. Additionally, every CEO employee shall receive a copy of these
ethical rules, shall be requiredto read the rules and sign a form acknowledging his/her obligation
to comply with the ethical rules and the potential penalties for failing to do so. Those penalties
may include civil action, criminal prosecution, and/or disciplinary action, up to and including
termination of employment.
1. Contractors. TO the extent that the Organizational Act, Section 22A, the Code of DcKalb
County, and the rules in this Executive Order allow a gift, meal, travel expense, ticket or-
business with the County, the contractor must provide written disclosure, quarterly, of the
exact nature and value of the purchase to either the Chief Integrity Officer, if created, or
the Finance Director or his/her designee. Additionally, every contractor who conducts
business with the County will receive a copy of these ethical titles at the time of
execution of the contract.
for any solicited sponsorship" from an Interested Source for official events, functions,
luncheons, breakfasts, or meetings to honor employees, or further or discuss an official
policy or other related County issue of concern to the Chief Executive Officer, so long as
within 30 stays of the event the Interested Source and/or the Chief Lxccutive Officer
discloses in writing to either the Chief Integrity Officer, if created, or the Finance
Director or his/ her designee, the exact nature and value ofeach solicited sponsorship, No
solicited sponsorship( s) received from any single Interested Source shall exceed ten
thousand dollars($ 10,000. 00) in a calendar year.
I am recommending a midyear budget adjustment to fund the creation ofa fill-time Chief
exact duties will be determined by the Ethics Board. I recommend the Integrity Officer perform
the following duties and functions:
i, Educating and training all (' utility elected officials, employees and County
Officials to have an awareness and understanding of the mandate Jbr and
A" solicited spnnsoraititi' means n sponsorship that would not have been offeral m' given End the County employes or official
not held the shtws, mdhority or duties associated with hidher County position.
disclosure statement% and reviewing same to ensure full and complete financial
reporting;
a. Urging compliance with the code of ethics by calling to the attention of the Ethics
Board any failure to comply or any issues, including the furnishing of false or
misleading information, that the Integrity Officer believes should be investigated
by the Ethics Board of so that tine Board may take such action as it deems
appropriate;
5. Monitoring, valuating and acting upon information obtained from an " ethics
hotline" which shall be a County telephone number for the receipt of information
about ethical violations. Each complaint, as of the time it is reported, whether by
6. Notifying the subject of a report of any alleged violation of the ethics code,
whether the report is anonymous, made by an identified individual or is written.
Such notice shall be given in writing, by facsimile or hand delivery, to the subjecL
of the complaint at the same time and in the same form that any disclosure of
information is required by the Georgia Open Records Act;
7. Notifying the Ethics Board of any report of an alleged violation of the ethics code
received by the Integrity Officer;
10. Filing with the Ethics Board, the Chief. Executive Officer and the Board of
Commissioners each January a written report describing the activities of the
Integrity Officer in carrying out the goals of his or her office and the code of
ethics and reporting on the ethical health of the Comity.
Organizational Act requires action by the Georgia General Assembly, the newly instituted
Government Operations' Task Force also is reviewing the ethical standards for County employees
and elected officials and will make recommendations for improved riles, if necessary. If and
when such recommendations are received, the County Attorney and Executive Assistant are
directed to consider such recommendations and to determine if the ethical riles governing
DciCalb County need updating or revision. If revisions by the General Assembly are necessary,
the County Attorney and Executive Assistant are directed to have such revisions ready to be
included in the County' s 2015 legislative package. If after such review, the ordinances of
DcKalb County also need revision and updating, the Executive Assistant and County Attorney
are directed to sinmltancously submit such an ordinance to tine Chief Executive Officer and each
nncnnber of the Board of Commissioners for review and possible adoption.
June 24, 2014
All CEO anployees arc hereby directed to. comply with the terms of this Executive
Order. This Executive Order shall take effect immediately upon signature and publication
r
So ORDERED this--_,
2014.
LEE N. MAY
I7iis Execrative Order shall remain in the custody of the County Clerk. Certified copies are
available upon request.
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