Poured-In-Place Concrete & Associated Miscellaneous Site Work on an Annual Contract

June 29, 2022 INVITATION TO BID BL078-22 The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Poured-In-Place Concrete & Associated Miscellaneous Site Work on an Annual Contract with Four (4) Options to Renew for various Gwinnett County Departments. Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on July 27, 2022 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com. Questions regarding bids should be directed to Casey Beauston,

Purchasing Associate II at casey.beauston@gwinnettcounty.com or by calling 770-822-7995, no later than 3:00 P.M. on July 14, 2022. Bids are legal and binding upon the bidder when submitted. All suppliers must submit with bid, a bid bond, certified check or cashier's check in the amount of five percent (5%) of the total bid. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive. Successful supplier will be required to meet insurance requirements, submit a one hundred percent (100%) performance bond and a one hundred percent (100%) payment bond. Insurance and Bonding Company should be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by The Georgia Insurance Department, listed in the Department of Treasury's Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond, and performance bond must have an A.M. Best rating of A-5 or higher. Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator at the Gwinnett County Justice and Administration Center, 770-822-8165. The written bid documents supersede any verbal or written prior communications between the parties. Award will be made to the contractor submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible bidder(s) at its discretion. Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a bid will be notified via email. We look forward to your bid and appreciate your interest in Gwinnett County. Casey Beauston Purchasing Associate II The following pages should be returned as your bid: Bid Schedule, Pages 5-9 References, Page 10 List of Subcontractors, Page 11 Bid Bond, Pages 15-16 Code of Ethics Affidavit, Page 40 Contractor Affidavit and Agreement, Page 41 http://www.gwinnettcounty.com/ mailto:casey.beauston@gwinnettcounty.com http://www.gwinnettcounty.com/ BL078-22 Page 2 POURED IN PLACE CONCRETE & ASSOCIATED MISCELLANEOUS SITE WORK I. SCOPE OF WORK Services include but are not limited to: pouring concrete structures, curbs and gutters, catch basins, spillways, sidewalks, handicap ramps, retaining walls, seat walls, and stairs with handrails. Associated site work includes but is not limited to: drainage improvements, minor grading, seed/sod installation, slope stabilization, demolition of pavement and other improvements, and clean-up. Contractor will supply all labor, materials and equipment necessary to perform the job as per attached specifications. Most work is safety and time sensitive. II. GENERAL REQUIREMENTS Bidders are advised to read and thoroughly understand the General Requirements and Special Provision Sections prior to submitting their bid. A. Qualifications 1. Qualifications include a minimum of three (3) years successful experience performing similar scope of work through a demand services contract, successful projects of similar scope, and references. 2. Bidders are required to provide complete reference information on the reference form included herein. B. There shall be at least one person in a position of responsibility representing the Contractor, on site at all times, who is capable of translating from English to the language used by the workforce. C. This contract will be an "On Demand" type to provide for the requirements of Gwinnett County on an "as-needed" basis. Quantities listed in the Bid Schedule will vary to satisfy the needs of the County. D. Time is of the utmost importance in this contract. Contractor will be required to coordinate his work with the designated County Representative and must carry on with the utmost diligence in order to complete the work at the earliest possible date. Gwinnett County reserves the right to prioritize any work issued to the contractor. E. Location and Site 1. The sites of the proposed work are at various locations within Gwinnett County, Georgia. 2. The Contractor shall accept the sites in their present condition, use, activity and carry out all work in accordance with the requirements of the specifications, as indicated on the attached details or as directed by the County representative. 3. The contractor is advised to examine the specifications carefully and to inform themselves fully in regard to conditions under which work will be performed. Gwinnett County will not be responsible for contractor’s errors or misjudgment, nor for any information on local conditions or general laws and regulations. 4. Any damage to County property, grounds or structures made by the contractor during the execution of this contract will be the responsibility of the contractor to repair to the satisfaction of and at no cost to the County. All contractors doing work on behalf of Gwinnett County are responsible for any damage they do to private property. 5. The contractor is responsible for locating and protecting above and below ground utilities and structures that may be affected by the work. Should properly located and marked utilities be damaged, the contractor is responsible for repair and or replacement of the item/system at no additional cost to the County. BL078-22 Page 3 6. The contractor shall be responsible for contacting the utility "on call" service at least 72 hours before beginning any excavation work. The contractor shall be responsible for contacting County staff at least 5 business days prior to beginning work to obtain “in-house” and/or “private” utility locating and marking. 7. Safety is of prime importance when conducting all aspects of work. Work connected with the Contract shall be performed in accordance with all applicable OSHA regulations and standards. Contractor shall take necessary precautions for the safety of employees and the public. Contractor shall comply with all applicable provisions of the Federal, State and local safety laws to prevent accident and injury to persons on, about or adjacent to the premises where work is being performed. Any work that takes multiple days to perform shall be “roped” off to protect area from public access. 8. Contractor is responsible for all required traffic control. All traffic control shall follow the Manual on Uniform Traffic Control Devices (MUTCD) standards. F. Award It is the intent of the County to award the contract to a Primary Contractor and a Secondary Contractor so that Department projects are more likely to be completed in a timely manner. However, the County continues to reserve the right to award the contract in its best interest. The Primary Contractor will be the first company to be advised of a project. The County will consider the Primary Contractor’s workload including the total number of projects in process, project deadlines, weather issues, and other common circumstances to determine when to utilize the Secondary Contractor. The Secondary Contractor will be advised of a project when the Primary Contractor is unable to complete it, and in the event that more than one Division needs services at the same time. Both Contractors will be responsible for complying with all requirements listed in this Invitation to Bid. III. SPECIAL PROVISIONS A. Unless otherwise specified, all items shall be in accordance with the GDOT Standard Specifications Construction of Transportation Systems. B. All concrete used to construct the various items shall have a minimum compressive strength of 3,000 psi at 28 days unless otherwise noted. See details. C. The unit prices bid for items #10 through 12 includes the off-site disposal of all removed and/or excavated materials at the time of excavation. Piling the debris in the park or site is not acceptable. NOTE: Gwinnett County will not be responsible for providing a disposal site. D. The unit prices bid for curb, pavement, poured-in-place structures, and sidewalks shall include backfilling, and dressing the finish grade. E. Grassing: Replace grass with same type (Bermuda, Fescue, etc.) as existing/adjacent grass. County representative will provide direction to either seed or sod. F. It is the contractor’s responsibility to obtain positive drainage in all items and to construct all items to true lines and form with no irregularities or notify the County prior to construction if this is not deemed possible. Failure to do so will be cause for rejection and the Contractor shall remove the defective work and replace it with the acceptable work at the contractor’s own expense. BL078-22 Page 4 G. Unless otherwise directed by the County, a front and back form shall be required on all hand poured concrete curbing. H. At a minimum welded wire fabric (6x6 - W10xW10) shall be required in all concrete slabs and placed at mid-depth of the slab. I. When replacing and/or constructing a concrete structure adjacent to existing concrete, the existing structure shall be cut with the concrete saw, 1/2 inch pre-formed joint material, full depth, shall be placed and dowels installed between the new and existing concrete. J. Curing of all concrete is to be included in unit pricing and shall be in accordance with GDOT Standard Specifications. K. Form offsets at radius points shall be at least 12 inches to avoid slivers/sections of concrete that may be easily broken off. If this is not feasible provide a turndown, minimum 8” deep for areas narrower than 12”. L. "Doweled integral curb" shall include #4 bar placed longitudinally along the entire length of the curb at approximately mid depth, in addition to the other requirements of GDOT Standard Specifications. Cost of reinforcing materials and their installation shall be included in the unit price for Item #4 in Bid Schedule. M. Unit price for "Concrete Structures- Poured in Place" Item #13 will be per cubic yard of concrete actually placed, as measured in place; and shall include necessary excavation, minor grading, forming, reinforcing steel, pouring, finishing, removal of forms, backfill, labor and materials. There is no detail available. Assume 3000 psi concrete with fiber reinforcement and trowel finish. N. Concrete Swale- 4" Reinforced Item #8: The Contractor shall construct the concrete swale with a minimum of 4" thickness of 3000 psi concrete. Concrete swale shall be reinforced with a minimum 6" x 6" wwf with expansion joints spaced at 30' max and construction joints at 10' max. A drop end section shall be constructed on both ends of ditch to a depth of 2'. Ditch shall be constructed to a minimum 9" depth with 2:1 side slopes or as directed by County representative. O. Gwinnett County reserves the right to perform any work using in-house forces where deemed advantageous. P. Labor & Materials: 1. Description: Any work performed by the contractor that is not included under one of the bid unit prices in this contract will be paid on a labor and materials basis provided the work has been authorized in writing by the County representative. 2. Payment: a. Labor - Shall be paid for at the bid unit prices, according to each worker's position, and will be paid to the nearest 1/4 hour. b. Materials - Any materials not covered under a unit price in the bid schedule will be paid at the actual cost of the materials plus the % stated on the contractor’s bid. Gwinnett County reserves the right to inspect supplier’s invoices to verify cost and mark up. Q. Rental Equipment which is not part of the normal equipment used by concrete contractors shall be reimbursed by the County at cost with no markup allowed. Prior approval by the County representative and a copy of the rental receipt is required in order to receive reimbursement. R. Invoicing: Invoices must include Purchase Order number, date(s) and location of work performed. Work is to be invoiced by the unit cost(s) in the bid schedule. BL078-22 Page 20 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID. Bid Schedule Continued Contractor Name ______________________________________________________________________________________ Delivery will be F.O.B. Destination, freight pre-paid and allowed. ITEM # APPROX ANNUAL QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 1. 150 LF Concrete curb & gutter 6" x 24" x 12" high back - under 50 LF per detail $ LF $ 2. 1,500 LF Concrete curb & gutter 6" x 24" x 12" high back - 50 LF to 500 LF per detail $ LF $ 3. 200 SF Concrete paver installation per detail $ SF $ 4. 100 LF Concrete doweled integral curb GDOT Standard including dowel bars & long reinforcement – 500 LF or less $ LF $ 5. 4 EA Handicap ramp with Detectable Warning Surface, Truncated Dome per detail $ EA $ 6. 4,000 SY 6" Concrete pavement including reinforcement (Heavy Duty) $ SY $ 7. 500 SY Concrete sidewalk, 4" thick $ SY $ 8. 200 SY Concrete Swale 4" reinforced per detail $ SY $ 9. 4 EA 6" Catch basin lids, double wing per GA DOT Standards $ EA $ 10. 600 CY Debris removal separate of items included in items #11 and #12; misc. or unforeseen improvements $ CY $ 11. 400 LF Complete removal of existing curb & gutter and other improvements – all sizes $ LF $ 12. 1,500 SY Complete removal of existing pavement and other improvements – all types $ SY $ 13. 200 CY Concrete structures poured in place $ CY $ 14. 200 CY Concrete steps per detail $ CY $ 15. 80 LF Galvanized handrail fabricated and installed per detail $ LF $ 16. 500 LF Saw cuts in existing pavements $ LF $ 17. 1,000 SF Sod replacement; Bermuda, Fescue $ SF $ 18. 500 SF Seeding; Bermuda, Fescue $ SF $ BL078-22 Page 21 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID. Bid Schedule Continued Contractor Name ______________________________________________________________________________________ ITEM # APPROX ANNUAL QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 19. 20 TN Crushed granite (M-10) installed $ TN $ 20. 20 TN Slatescape installed $ TN $ 21. 20 TN Graded aggregate base (GAB) installed $ TN $ 22. 20 TN Size 57 stone installed $ TN $ 23. 20 TN Rip Rap installed $ TN $ 24. 100 LF HDPE storm drainpipe double walled – smooth interior with fittings (bands, couplers) 6” D includes installation $ LF $ 25. 100 LF HDPE storm drainpipe double walled – smooth interior with fittings (bands, couplers) 8” D includes installation $ LF $ 26. 250 LF HDPE storm drain pipe double walled – smooth interior with fittings (bands, couplers) 12”D includes installation $ LF $ 27. 250 LF HDPE storm drainpipe double walled – smooth interior with fittings (bands, couplers) 18” D includes installation $ LF $ 28. 100 LF HDPE storm drainpipe double walled – smooth interior with fittings (bands, couplers) 24” D includes installation $ LF $ 29. 100 LF HDPE storm drainpipe double walled – smooth interior with fittings (bands, couplers) 30” D includes installation $ LF $ 30. 100 LF 6” wide trench drain with ADA compliant grate, concrete encasement installed per detail, Dura-slope or equal $ LF $ 31. 10 EA Plastic drain basin w/standard grate & concrete collar, 12” D, 12” Tall (2 inverts for pipe 6-8”) installed per detail, Nyloplast or equal $ EA $ 32. 10 EA Plastic riser, 12” D, 12” tall installed per detail, Nyloplast or equal $ EA $ 33. 2 EA GDOT standard precast concrete headwall for 12” pipe installed $ EA $ 34. 2 EA GDOT standard precast concrete headwall for 18” pipe installed $ EA $ 35. 2 EA GDOT standard precast concrete headwall for 24” pipe installed $ EA $ 36. 2 EA GDOT standard drop inlet, 48” D, 48” tall with 2 inverts installed $ EA $ BL078-22 Page 22 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID. Bid Schedule Continued Contractor Name ______________________________________________________________________________________ ITEM # APPROX ANNUAL QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 37. 2 EA GDOT standard cone top, 48” D, 24” tall with cast iron grate installed $ EA $ 38. 4 EA GDOT standard manhole riser, 48” D, 12” tall installed $ EA $ 39. 10 EA 4” D concrete core, up to 12” deep $ EA $ 40. 20 EA Hay/Wheat Straw/Pine Straw Bale installed $ EA $ 41. 200 LF Type “C” silt fence installation, maintenance & removal $ LF $ 42. 200 LF French drain 4” D includes installation $ LF $ 43. 200 LF French drain 6” D includes installation $ LF $ 44. 200 LF French drain 8” D includes installation $ LF $ 45. 200 LF French drain 4” D with fabric sock includes installation $ LF $ 46. 200 LF French drain 6” D with fabric sock includes installation $ LF $ 47. 200 LF French drain 8” D with fabric sock includes installation $ LF $ 48. 20 EA 6” D concrete-filled pipe bollard per detail $ EA $ 49. 150 SF Concrete cantilever retaining wall per detail $ SF $ 50. 300 SF Modular block retaining wall per detail $ SF $ 51. 50 SF 12” free standing seat wall per detail, less material cost for block $ SF $ 52. 50 SF 16” free standing seat wall per detail, less material cost for block $ SF $ 53. 50 LF 12” wall cap with pockets, poured in place per detail $ LF $ 54. 50 LF 16” wall cap with pockets, poured in place per detail $ SF $ 55. 50 LF 12” wall cap without pockets, poured in place $ SF $ BL078-22 Page 23 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID. Bid Schedule Continued Contractor Name ______________________________________________________________________________________ ITEM # APPROX ANNUAL QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 56. 50 LF 16” wall cap without pockets poured in place $ SF $ 57. 20 LF 12” wall cap without pockets, pre-cast with colorant $ SF $ 58. 20 LF 16” wall cap without pockets, pre-cast with colorant $ SF $ 59. 40 HR Foreman $ HR $ 60. 80 HR Laborer $ HR $ 61. 40 HR Truck driver $ HR $ 62. 40 HR Finisher $ HR $ TOTAL $ Materials mark-up (Not to exceed 15%) % BL078-22 Page 24 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID. Bid Schedule Continued Contractor Name ______________________________________________________________________________________ Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive. Contract to begin August 21, 2022 or upon Board of Commissioners approval. Unless otherwise noted, quoted prices will remain firm for four (4) additional 12-month periods. If a percentage increase/decrease is a part of the renewal options, please note this in the space provided together with an explanation. Renewal Option 1: % Increase % Decrease Explanation Renewal Option 2: % Increase % Decrease Explanation Renewal Option 3: % Increase % Decrease Explanation Renewal Option 4: % Increase % Decrease Explanation Certification Of Non-Collusion in Bid Preparation Signature Date The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each: Addendum No. Date Addendum No. Date In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Bidders" and all documents referred to therein, if this bid is accepted by the Board of Commissioners within ninety (90) days of the date of bid opening, to furnish any or all of the items upon which prices are bid, at the price set opposite each item bid, delivered to the designated point(s) within the time specified in the bid schedule. By submission of this bid, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders. Legal Business Name Federal Tax ID Complete Address Does your company currently have a location within Gwinnett County? Yes No Representative Signature Printed Name Telephone Number E-mail address BL078-22 Page 25 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID. Contractor Name ______________________________________________________________________________________ REFERENCES Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed with a minimum of three (3) years’ experience, see Page 2. Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form. 1. Company Name Brief Description of Project Completion Date Contract Amount $ Start Dates Contact Person Telephone E-Mail Address 2. Company Name Brief Description of Project Completion Date Contract Amount $ Start Date Contact Person Telephone E-Mail Address 3. Company Name Brief Description of Project Completion Date Contract Amount $ Start Date Contact Person Telephone E-Mail Address BL078-22 Page 26 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID. Contractor Name ______________________________________________________________________________________ GWINNETT COUNTY, GEORGIA LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: NAME AND ADDRESS TYPE OF WORK BL078-22 Page 27 STANDARD INSURANCE REQUIREMENTS (For projects less than $1,000,000) 1. Statutory Workers' Compensation Insurance (a) Employers Liability:  Bodily Injury by Accident - $100,000 each accident  Bodily Injury by Disease - $500,000 policy limit  Bodily Injury by Disease - $100,000 each employee 2. Commercial General Liability Insurance (a) $500,000 limit of liability per occurrence for bodily injury and property damage (b) The following additional coverage must apply:  1986 (or later) ISO Commercial General Liability Form  Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)  Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)  Blanket Contractual Liability  Broad Form Property Damage  Severability of Interest  Underground, explosion, and collapse coverage  Personal Injury (deleting both contractual and employee exclusions)  Incidental Medical Malpractice  Hostile Fire Pollution Wording 3. Auto Liability Insurance (a) $500,000 limit of liability per occurrence for bodily injury and property damage (b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles (c) Additional Insured Endorsement (d) Contractual Liability 4. Umbrella Liability Insurance - $1,000,000 limit of liability (a) The following additional coverage must apply  Additional Insured Endorsement  Concurrency of Effective Dates with Primary  Blanket Contractual Liability  Drop Down Feature  Care, Custody, and Control - Follow Form Primary  Aggregates: Apply Where Applicable in Primary  Umbrella Policy must be as broad as the primary policy 5. Gwinnett County Board of Commissioners (and any applicable Authority) should be shown as an additional insured on General Liability, Auto Liability and Umbrella Liability policies. 6. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation. 7. Certificate Holder should read: Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935 8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal BL078-22 Page 28 to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better. 9. Insurance Company should be licensed to do business by the Georgia Department of Insurance. 10. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number. 11. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the County to verify the compliance with these insurance requirements. 12 All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the County. 13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense. 14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute. 15. The Contractor shall agree to waive all rights of subrogation against the County, the Board of Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the County. 16. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents. 17. The Contractor shall make available to the County, through its records or records of their insurer, information regarding a specific claim related to any County project. Any loss run information available from the contractor or their insurer relating to a County project will be made available to the County upon their request. 18. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract. 19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract. 20. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry. Rev. 5/19 BL078-22 Page 29 BONDING AND CONTRACT REQUIREMENTS General Bond Requirements 1. Bid Bonds - Amount of bond should be 5% of contract amount and submitted with your bid. Gwinnett County form Attached (Attachment A). Failure to use Gwinnett County Bid Bond Form may result in bid being deemed non-responsive and automatic rejection may occur. 2. Performance Bond - (Supplied by successful vendor) - Amount of bond should be 100% of contract amount. (MUST USE COUNTY FORM) 3. Payment, Labor and Materials Bonds - (Supplied by successful vendor) - Amount of bond should be 100% of contract amount. (MUST USE COUNTY FORM) 4. Bonding company must be authorized to do business by the Georgia Insurance Department. 5. An original/certified copy of the Bonding company's Certificate of Authority or Power of Attorney must be attached to bond. The Certificate of Authority may be obtained from the Georgia Insurance Department. 6. Bonding company must have a minimum AM Best rating of A-5 or higher as stated in Insurance Requirements. 7. Bonding Company must be listed in the Department of the Treasury's publication of companies holding Certificates of Authority as acceptable surety on Federal Bonds and as acceptable reinsuring companies. (Dept. Circular 570; 1992 Revision). 8. After bid opening, vendor has up to forty eight (48) hours to notify the Gwinnett County Purchasing Office of an obvious error made in calculation of Bid. Withdrawal of Bid Bond for this reason must be done in writing within the forty eight (48) hour period. Bid Bond may not be withdrawn otherwise. Contract Requirements 1. Successful vendor is required to do the following within ten (10) days of notification. A. Return to Purchasing Office contract documents executed by the principal of the company and attested by the secretary or assistant secretary. B. Provide Insurance certificates as specified in the bid documents. C. Provide bonding as required by the bid documents. 2. Failure to execute the Contract, Contract Performance Bond and Payment Bond, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract may be just cause for the annulment of the award and for the forfeiture of the bid guaranty to Gwinnett County, not as a penalty, but as liquidation of damages sustained. At the discretion of the County, the award may then be made to the next lowest, responsible bidder, or the work may be re-advertised or constructed by County forces. The Contract and Contract Bonds shall be executed in duplicate. BL078-22 Page 30 Gwinnett County, Georgia BID BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto Gwinnett County Board of Commissioners (Name of Obligee) 75 Langley Drive, Lawrenceville, Georgia 30046 (Address of Obligee) Thereinafter referred to as Obligee: in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted, to Gwinnett County, Georgia, a proposal for furnishing materials, labor, and equipment for: WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal. NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Gwinnett County, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Gwinnett County, Georgia, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Gwinnett County, Georgia, and 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 of the foregoing requirements within the time specified above, immediately pay to Gwinnett 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. BL078-22 Page 31 Gwinnett County, Georgia PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof. Signed, sealed and dated this day of , A.D., 20 . ATTEST: (Principal) (Principal Secretary) By: (SEAL) (Address) (Witness as to Principal) (Address) (Surety) ATTEST: By: (Attorney-in-Fact) Resident or Nonresident Agent (Address) (SEAL) (Witness as to Surety) (Address) NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Principal Secretary, Principal and Witness as to Principal signature lines must be signed by three different individuals. Additionally, Resident or Nonresident Agent, Witness as to Surety, and Attorney-in-fact must be signed by three different individuals. BL078-22 Page 32 STATE OF GEORGIA COUNTY OF GWINNETT GENERAL CONDITIONS FOR GWINNETT COUNTY CONSTRUCTION CONTRACTS GC-1 FAMILIARITY WITH SITE Execution of this agreement by the Contractor is a representation that the Contractor has visited the site, has become familiar with the local conditions under which the work is to be performed, and has correlated personal observations with the requirements of this agreement. GC-2 CONTRACT DOCUMENTS This agreement consists of Gwinnett County's request for proposals, instructions to bidders, Contractor's proposal, construction contract, Performance Bond, Payment Bond, general conditions, special provisions, specifications, plans, drawings, addenda, and written change orders. GC-3 DEFINITIONS The following terms as used in this agreement are defined as follows: Change Order - a written order to the Contractor, prepared by the Engineer and issued by the County for changes in the work within the general scope of the contract documents, adjustment of the contract price, extension of the contract time, or reservation of determination of a time extension. County - Gwinnett County, Georgia, a political subdivision of the State of Georgia, acting by and through the Chairman of its Board of Commissioners. Day - a calendar day of twenty-four hours lasting from midnight of one day to midnight the next day. Notice to Proceed - written communication issued by the County to the Contractor authorizing it to proceed with the work and establishing the date of commencement and completion of the work. Substantial Completion - the date certified by the engineer when all or a part of the work, identified in the engineer's certification, is sufficiently completed in accordance with the requirements of the contract documents so that the identified portion of the work can be utilized for the purposes for which it is intended. Work - all of the services specified, indicated, shown or contemplated by the contract documents, and furnishing by the Contractor of all materials, equipment, labor, methods, processes, construction and manufacturing materials and equipment, tools, plans, supplies, power, water, transportation and other things necessary to complete such services in accordance with the contract documents to insure a functional and complete facility. GC-4 CODES All codes, specifications, and standards referenced in the contract documents shall be the latest additions, amendments and revisions of such referenced standards in effect as of the date of the request for proposals for this contract. GC-5 REVIEW OF CONTRACT DOCUMENTS Before making its proposal to the County, and continuously after the execution of the agreement, the Contractor shall carefully study and compare the contract documents and shall at once report to the engineer any error, ambiguity, inconsistency or omission that may be discovered, including any requirement which may be contrary to any law, ordinance, rule, or regulation of any public authority bearing on the performance of the work. By BL078-22 Page 33 submitting its proposal, the Contractor agrees that the contract documents, along with any supplementary written instructions issued by or through the engineer that have become a part of the contract documents appear accurate, consistent and complete insofar as can be reasonably determined. If the Contractor has reported in writing any error, inconsistency, or omission to the County, has properly stopped the effected work until instructed to proceed, and has otherwise followed the instructions of the engineer, the Contractor shall not be liable to the County for any damage resulting from any such error, inconsistency, or omission in the contract documents. The Contractor shall not perform any portion of the work without the contract documents, approved plans, specifications, products and data, or samples for such portion of the work. GC-6 STRICT COMPLIANCE No observation, inspection, test or approval of the County or engineer shall relieve the Contractor from its obligation to perform the work in strict conformity with the contract documents. GC-7 APPLICABLE LAW All applicable State laws, County ordinances, and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to this agreement. All work performed within the right of way of the Georgia Department of Transportation shall be in accordance with DOT regulations, policies and procedures. The Contractor shall comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as specified and the Contractor agrees to indemnify and hold harmless the County, its officers, agents and employees, as well as the engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree affecting the conduct of the work, whether occasioned by the Contractor, his agents or employees. GC-8 PERMITS & LICENSES All permits and licenses necessary for the work shall be secured and paid for by the Contractor. If any permit, license or certificate expires or is revoked, terminated, or suspended as a result of any action on the part of the Contractor, the Contractor shall not be entitled to additional compensation or time. GC-9 TAXES The Contractor shall pay all sales, retail, occupational, service, excise, old age benefit and unemployment compensation taxes, consumer, use and other similar taxes, as well as any other taxes or duties on the materials, equipment, and labor for the work provided by the Contractor which are legally enacted by any municipal, county, state or federal authority, department or agency at the time bids are received, whether or not yet effective. The Contractor shall maintain records pertaining to such taxes and levies as well as payment thereof and shall make the same available to the County at all reasonable times for inspection and copying. GC-10 DELINQUENT CONTRACTORS The County shall not pay any claim, debt, demand or account whatsoever to any person firm or corporation who is in arrears to the County for taxes. The County shall be entitled to a counterclaim and offset for any such debt in the amount of taxes in arrears, and no assignment or transfer of such debt after the taxes become due shall affect the right of the County to offset any taxes owed against said debt. GC-11 LIEN WAIVERS The Contractor shall furnish the County with evidence that all persons who have performed work or furnished materials pursuant to this agreement have been paid in full prior to submitting its demand for final payment pursuant to this agreement. In the event that such evidence is not furnished, the County may retain sufficient sums necessary to meet all lawful claims of such laborers and materialmen. The County assumes no obligation nor in any way undertakes to pay such lawful claims from any funds due or that may become due to the Contractor. GC-12 MEASUREMENT All items of work to be paid for per unit of measurement shall be measured and certified by the Engineer. BL078-22 Page 34 GC-13 ASSIGNMENT The Contractor shall not assign any portion of this agreement or moneys due therefrom without the prior written consent of the County. The Contractor shall retain personal control and shall provide personal attention to the fulfillment of its obligations pursuant to this agreement. GC-14 FOREIGN CONTRACTORS In the event that the Contractor is a foreign corporation, partnership, or sole proprietorship, the Contractor hereby irrevocably appoints the Secretary of State of Georgia as its agent for service of all legal process for the purpose of this contract only. GC-15 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, satisfy all judgments, and hold harmless the County, the engineer, and their agents and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless whether such claim is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any of the rights or obligations of indemnity which would otherwise exist as to any party or person described in this agreement. In any and all claims against the County, the engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation contained herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Worker's Compensation Acts, disability benefit acts, or other employee benefit acts. GC-16 SUPERVISION OF WORK The Contractor shall supervise and direct the work using the Contractor's best skill and attention. The Contractor shall be solely responsible for all construction methods and procedures and shall coordinate all portions of the work pursuant to the contract subject to the overall coordination of the engineer. All work pursuant to this agreement shall be performed in a skillful and workmanlike manner. GC-17 RESPONSIBILITY FOR WORK The Contractor shall not be relieved from the Contractor's obligations to perform the work in accordance with the contract documents by the activities or duties of the engineer, including inspections, tests or approvals required or performed pursuant to this agreement. GC-18 RESPONSIBILITY FOR ACTS OF EMPLOYEES The Contractor shall be responsible to the County for the acts and omissions of its employees, subcontractors, and agents as well as any other persons performing work pursuant to this agreement. All areas within the limits of the Project which are determined by the Engineer to be unnecessarily damaged, due either directly or indirectly to the process of construction, shall be responsibility of the Contractor to correct and repair. This is not a payment item and shall be done without additional compensation. GC-19 PAYMENT FOR LABOR AND MATERIALS Unless otherwise provided in this agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the execution and completion of the work. BL078-22 Page 35 GC-20 DISCIPLINE ON WORK SITE The Contractor shall enforce strict discipline and good order among its employees and subcontractors at all times during the performance of the work. The Contractor shall not employ any subcontractor who is not skilled in the task assigned to it. The engineer may, by written notice, require the Contractor to remove from the work any subcontractor or employee deemed by the engineer to be incompetent. GC-21 HOURS OF OPERATION All work at the construction site shall be performed during regular business hours, except upon the engineer's prior written consent to other work hours. GC-22 FAMILIARITY WITH WORK CONDITIONS The Contractor shall take all steps necessary to ascertain the nature and location of the work and the general and local conditions, which may affect the work or the cost thereof. The Contractor's failure to fully acquaint itself with the conditions which may affect the work, including, but not limited to conditions relating to transportation, handling, storage of materials, availability of labor, water, roads, weather, topographic and subsurface conditions, other separate contracts to be entered into by the County relating to the project which may affect the work of the Contractor, applicable provisions of law, and the character and availability of equipment and facilities necessary prior to and during the performance of the work shall not relieve the Contractor of its responsibilities pursuant to this agreement and shall not constitute a basis for an equitable adjustment of the contract terms. The County assumes no responsibility for any understandings or representations concerning conditions of the work made by any of its officers, agents, or employees prior to the execution of this agreement. GC-23 RIGHT OF ENTRY The County reserves the right to enter the site of the work by such agent as it may elect for the purpose of inspecting the work or installing such collateral work as the County may desire. GC-24 NOTICES Any notice, order, instruction, claim or other written communication required pursuant to this agreement shall be deemed to have been delivered or received as follows: (1) Upon personal delivery to the Contractor, it’s authorized representative, or the engineer on behalf of the County. Personal delivery may be accomplished by in-person hand delivery or bona fide overnight express service. (2) Three days after depositing in the United States mail a certified letter addressed to the Contractor, the County, or the engineer. For purposes of mailed notices, the County's mailing address shall be 75 Langley Drive, Lawrenceville, Georgia 30046. The Contractor's mailing address shall be the address stated in its proposal, and the engineer's mailing address shall be its address listed in the Notice to Begin Work. GC-25 SAFETY The Contractor shall take all reasonable precautions for the safety of all persons and property associated with the work, and the Contractor shall erect and maintain, as required by existing conditions and the progress of the work, all reasonable safeguards for the safety and protection of persons in the vicinity of the project. GC-26 BLASTING AND EXCAVATION The Contractor acknowledges that it is fully aware of the contents and requirements of O.C.G.A.  25-9-1 through 25-9-12 concerning blasting and excavation near underground gas pipes and facilities and shall fully comply therewith. BL078-22 Page 36 GC-27 HIGH VOLTAGE LINES The Contractor acknowledges that it is fully aware of the contents and requirements O.C.G.A.  46-3-30 through 46-3-39 concerning safeguards against contact with high voltage lines, and the Contractor shall fully comply with said provisions. GC-28 SCAFFOLDING AND STAGING The Contractor acknowledges that it is the person responsible for employing and directing others to perform labor within the meaning of O.C.G.A.  34-1-1 and agrees to comply with said provisions. GC-29 CLEAN-UP The Contractor shall clean up all refuse, rubbish, scrap materials, and debris caused by its operations to the end that the site of the work shall present a neat, orderly and workmanlike appearance at all times. GC-30 PROTECTION OF WORK The Contractor shall be responsible for maintenance and protection of the work until final completion of this agreement and acceptance of the work as defined herein. Any portion of the work suffering injury, damage or loss shall be considered defective and shall be corrected or replaced by the Contractor without additional cost to the County. GC-31 REJECTED WORK The Contractor shall promptly remove from the project all work rejected by the engineer for failure to comply with the contract documents and the Contractor shall promptly replace and re-execute the work in accordance with the contract documents and without expense to the County. The Contractor shall also bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. GC-32 DEFECTIVE WORK If the Contractor defaults or neglects to carry out any portion of the work in accordance with the contract documents, and fails within three days after receipt of written notice from the County or the engineer to commence and continue correction of such default or neglect with diligence and promptness, the County or the engineer may, after three days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy the County may have, make good such deficiencies and complete all or any portion of any work through such means as the County may select, including the use of a new Contractor. In such case, an appropriate change order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies. In the event the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the County on demand. GC-33 NEW MATERIALS The Contractor warrants to the County that all materials and equipment furnished under this contract will be new unless otherwise specified, and the Contractor further warrants that all work will be of good quality, free from faults and defects, and in conformance with the contract documents. The warranty set forth in this paragraph shall survive final acceptance of the work. GC-34 CONTRACTOR'S WARRANTY If within one year after the date of substantial completion and final acceptance of the work by the County, or within such longer period of time as may be prescribed by law or by the term of any applicable special warranty required by the contract documents, any of the work is found to be defective or not in accordance with the contract documents, the Contractor shall correct such work promptly after receipt of written notice from the County to do so. This obligation shall survive both final payment for the work and termination of the contract. BL078-22 Page 37 GC-35 ASSIGNMENT OF MANUFACTURERS' WARRANTIES Without limiting the responsibility or liability of the Contractor pursuant to this agreement, all warranties given by manufacturers on materials or equipment incorporated in the work are hereby assigned by the Contractor to the County. If requested, the Contractor shall execute formal assignments of said manufacturer's warranties to the County. All such warranties shall be directly enforceable by the County. GC-36 WARRANTIES IMPLIED BY LAW The warranties contained in this agreement, as well as those warranties implied by law, shall be deemed cumulative and shall not be deemed alternative or exclusive. No one or more of the warranties contained herein shall be deemed to alter or limit any other. GC-37 STOP WORK ORDERS In the event that the Contractor fails to correct defective work as required by the contract documents or fails to carry out the work in accordance with contract documents, the County, or the engineer, in writing, may order the Contractor to stop work until the cause for such order has been eliminated. This right of the County or engineer to stop work shall not give rise to any duty on the part of the County or the engineer to execute this right for the benefit of the Contractor or for any other person or entity. GC-38 TERMINATION FOR CAUSE If the Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, suffers the appointment of a receiver on account of its insolvency, or fails to supply sufficient properly skilled workers, materials, fails to make prompt payment to subcontractors or materialmen, disregards laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction, or is otherwise guilty of a material violation of this agreement and fails within seven days after receipt of written notice to commence and continue correction of such default, neglect, or violation with diligence and promptness, the County may, after ten days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy the County may have, terminate the employment of the Contractor and take possession of the site as well as all materials, equipment, tools, construction equipment and machinery thereon. The County may finish the work by whatever methods the County deems expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is completed. If the unpaid balance of the contract price exceeds the cost of completing the work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the County on demand. This obligation for payment shall survive the termination of the contract. Termination of this agreement pursuant to this paragraph may result in disqualification of the Contractor from bidding on future County contracts. GC-39 TERMINATION FOR CONVENIENCE The County may, at any time upon 30 days written notice to the Contractor, terminate the whole or any portion of the work for the convenience of the County. Said termination shall be without prejudice to any right or remedy of the County provided herein. In addition, in the event this agreement has been terminated due to the default of the Contractor, and if it is later determined that the Contractor was not in default pursuant to the provisions of this agreement at the time of termination, then such termination shall be considered a termination for convenience pursuant to this paragraph. GC-40 TERMINATION FOR CONVENIENCE - PAYMENT In the event that the County terminates this agreement for the convenience of the County, the County shall only be liable to the Contractor for those costs reimbursable to the Contractor plus a mark-up of ten percent on the actual fully accounted cost recovered pursuant to this paragraph. In the event that it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed hereunder and an appropriate adjustment shall be made reducing the amount of settlement to reflect the indicated rate of loss. In the event of termination for the convenience of the County, the County shall pay the Contractor the following amounts determined by the engineer: BL078-22 Page 38 A. An amount for supplies, services, or property accepted by the County for which payment has not previously been made. The price to be paid for these items shall be equivalent to the aggregate price for such supplies or services computed in accordance with the price specified in this agreement appropriately adjusted for any saving of freight or other charges; and B. The total of: (1) The costs incurred in the performance of the work terminated, including initial costs and preparatory expenses allocable thereto, but exclusive of any costs attributable to supplies or services previously paid; (2) The costs of settling and paying claims arising pursuant to the termination of the work under said contracts or orders which are properly chargeable to the terminated portion of the contract (exclusive of the amounts paid or payable on account of completed items or equipment delivered or services furnished by a subcontractor or vendor prior to the effective date of the notice of termination, which amounts shall be included in the costs payable pursuant to (A); and (3) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonable and necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this agreement. GC-41 TERMINATION FOR CONVENIENCE - PAYMENT LIMITATIONS In the event of termination for the convenience of the County, the total sum to be paid to the Contractor shall not exceed the contract price as reduced by the amount of payments otherwise made, by the contract price for work not terminated, and as otherwise permitted by the contract. Except for normal spoilage, and except to the extent that the County shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor the fair value, as determined by the engineer, of property which is destroyed, lost, stolen or damaged so as to become undeliverable to the County or to another buyer. GC-42 COST TO CURE If the County terminates the whole or any part of the work pursuant to this agreement, then the County may procure upon such terms and in such manner as the engineer may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the County for any excess costs for such similar supplies or services. The Contractor shall continue the performance of this agreement to the extent not terminated hereunder. GC-43 ATTORNEY'S FEES Should the Contractor default pursuant to any of the provisions of this agreement, the Contractor and its surety shall pay to the County such reasonable attorney's fees as the County may expend as a result thereof and all costs, expenses, and filing fees incidental thereto. GC-44 CONTRACTOR'S RESPONSIBILITIES UPON TERMINATION After receipt of a notice of termination from the County, and except as otherwise directed by the engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated; BL078-22 Page 39 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. Assign to the County in the manner, at the times, and to the extent directed by the engineer, all of the rights, title and interest of the Contractor under the orders and subcontracts so terminated, in which case the County shall have the right, at its discretion, to settle or pay any and all claims arising out of the termination of such orders or subcontracts; 5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the engineer, to the extent the engineer may require, which approval or ratification shall be final for all purposes; 6. Transfer title and deliver to the entity or entities designated by the County, in the manner, at the times, and to the extent, if any, directed by the engineer, and to the extent specifically produced or specifically acquired by the Contractor for the performance of such portion of the work as has been terminated: (a) The fabricated or unfabricated parts, work, and progress, partially completed supplies, and equipment, materials, parts, tools, dyes, jigs, and other fixtures, completed work, supplies, and other material produced as a part of or acquired in connection with the performance of the work terminated by the notice of termination; and (b) The completed or partially completed plans, drawings, information, and other property to the work. 7. Use its best efforts to sell in the manner, at the times, to the extent, and at the prices directed or authorized by the engineer, any property described in Section 6 of this paragraph, provided, however, that the Contractor shall not be required to extend credit to any buyer and further provided that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the County to the Contractor pursuant to this agreement. 8. Complete performance of such part of the work as shall not have been terminated by the notice of termination; and 9. Take such action as may be necessary, or as the engineer may direct, for the protection and preservation of the property related to the agreement which is in the possession of the Contractor and in which the County has or may acquire an interest. GC-45 RECORDS The Contractor shall preserve and make available to the County all of its records, books, documents and other evidence bearing on the costs and expenses of the Contractor and any subcontractor pursuant to this agreement upon three days advance notice to the Contractor. GC-46 DEDUCTIONS In arriving at any amount due the Contractor pursuant to the terms of this agreement, there shall be deducted all liquidated damages, advance payments made to the Contractor applicable to the termination portion of the contract, the amount of any claim which the County may have against the Contractor, the amount determined by the engineer to be necessary to protect the County against loss due to outstanding potential liens or claims, and the agreed price of any materials acquired or sold by the Contractor and not otherwise recovered by or credited to the County. BL078-22 Page 40 GC-47 REIMBURSEMENT OF THE COUNTY In the event of termination, the Contractor shall refund to the County any amount paid by the County to the Contractor in excess of the costs reimbursable to the Contractor. GC-48 TERMINATION FOR CONVENIENCE - DELAY The Contractor shall be entitled to only those damages and that relief from termination by the County as specifically set forth in this agreement. The County or the engineer may issue a written order requiring the Contractor to suspend, delay or interrupt all or any part of the work for such period of time as the County may determine to be appropriate for the convenience of the County. If the performance of the work is interrupted for an unreasonable period of time by an act of the County or engineer in the administration of this agreement, an equitable adjustment shall be made for any increase in the Contractor's costs of performance and any increase in the time required for performance of the work necessarily caused by the unreasonable suspension, delay, or interruption. Any equitable adjustment shall be reduced to writing and shall constitute a modification to this agreement. In no event, however, shall an equitable adjustment be made to the extent that performance of this agreement would have been suspended, delayed or interrupted by any other cause, including the fault or negligence of the Contractor. No claim for an equitable adjustment pursuant to this paragraph shall be permitted before the Contractor shall have notified the engineer in writing of the act or failure to act involved, and no claim shall be allowed unless asserted in writing to the engineer within ten days after the termination of such suspension, delay or interruption. GC-49 COMMENCEMENT AND DURATION OF WORK The Contractor shall commence work pursuant to this agreement within ten days of mailing or delivery of written notice to proceed by the County. The Contractor shall diligently prosecute the work to completion within the time specified therefore. The capacity of the Contractor's construction and manufacturing equipment and plan, sequence and method of operation and forces employed, including management and supervisory personnel, shall be such as to insure completion of the work within the specified time. The Contractor and County hereby agree that the contract time for completion of the work is reasonable taking into consideration the average climatic conditions prevailing in the locality of the work. GC-50 TIME OF THE ESSENCE All time limits stated in this agreement are of the essence of this contract. GC-51 IMPACT DAMAGES Except as specifically provided pursuant to a stop work order or change order, the Contractor shall not be entitled to payment or compensation of any kind from the County for direct or indirect or impact damages including, but not limited to, costs of acceleration arising because of delay, disruption, interference or hindrance from any cause whatsoever whether such delay, disruption, interference or hindrance is reasonable or unreasonable, foreseeable or unforeseeable, or avoidable, provided, however, that this provision shall not preclude the recovery of damages by the Contractor for hindrances or delays due solely to fraud or bad faith on the part of the County its agents or employees. The Contractor shall be entitled only to extensions in the time required for performance of the work as specifically provided in the contract. GC-52 DELAY The Contractor may be entitled to an extension of the contract time, but not an increase in the contract price, for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Contractor or its subcontractors for labor strikes, acts of God, acts of the public enemy, acts of the state, federal or local government in its sovereign capacity, by acts of another separate contractor, or by an act of neglect of the County with the engineer. BL078-22 Page 41 GC-53 INCLEMENT WEATHER The Contractor shall not be entitled to an extension of the contract time due to normal inclement weather. Unless the Contractor can substantiate to the satisfaction of the engineer that there was greater than normal inclement weather considering the full term of the contract using a ten year average of accumulated mean values for climatological data complied by the U.S. Department of Commerce for Atlanta, Georgia and that such greater than normal inclement weather actually delayed the work, the Contractor shall not be entitled to an extension of time therefor. GC-54 NOTICE OF DELAY The Contractor shall not receive an extension of time unless a notice of a claim is filed with the County and the engineer within ten days of the first instance of such delay, disruption, interference or hindrance and a written statement of the claim is filed with the engineer and the County within 20 days of the first such instance. In the event that the Contractor fails to comply with this provision, it waives any claim, which it may have for an extension of time pursuant to this agreement. GC-55 NOTICE OF DELAY - CONTENTS The notice of delay referenced in the preceding paragraph shall include specific information concerning the nature of the delay, the date of commencement of the delay, the construction activities affected by the delay, the person or organization responsible for the delay, the anticipated extent of the delay, and any recommended action to avoid or minimize the delay. GC-56 PROGRESS OF WORK To the extent that the Contractor is entitled to additional compensation for delay, an absolute condition precedent to such entitlement shall be strict compliance with all requirements and procedures for entitlement to an extension of time herein. If the work actually in place falls behind the currently updated and approved project network schedule, and it becomes apparent from the current schedule that work will not be completed within the contract time, the Contractor agrees that it will, as necessary, or as directed by the engineer, take action at no additional cost to the County to improve the progress of the work, including increasing manpower, increasing the number of working hours per shift or shifts per working day, increasing the amount of equipment at the site, and any other measure reasonably required to complete the work in a timely fashion. GC-57 DILIGENCE The Contractor's failure to substantially comply with the requirements of the preceding paragraph may be grounds for determination by the County or engineer that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. In such event, the County shall have the right to furnish such additional labor and materials as may be required to comply with the schedule after 48 hours written notice to the Contractor, and the Contractor shall be liable for such costs incurred by the County. GC-58 SET-OFFS Any monies due to the County pursuant to the acceleration provisions of this agreement may be deducted by the County against monies due from the County to the Contractor. GC-59 ACCELERATION - REMEDIES The remedies of the County concerning acceleration are in addition to and without prejudice to all of the rights and remedies of the County at law, in equity, or contained in this agreement. GC-60 TITLE TO MATERIALS No materials or supplies shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sales contract or other agreement by which any interest is retained by the seller. The Contractor hereby warrants that it has good and marketable title to all materials and supplies used by it in the BL078-22 Page 42 work, and the Contractor further warrants that all materials and supplies shall be free from all liens, claims, or encumbrances at the time of incorporation in the work. GC-61 INSPECTION OF MATERIALS All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and in accordance with the requirements of the contract documents. Additional tests performed after the rejection of materials or equipment shall be at the Contractor's expense. GC-62 ENGINEER'S PRESENCE DURING TESTING All tests performed by the Contractor shall be witnessed by the engineer unless the requirement therefor is waived in writing. The engineer may perform additional tests on materials previously tested by the Contractor, and the Contractor shall furnish samples for this purpose as requested. GC-63 MATERIALS INCORPORATED IN WORK The Contractor shall furnish all materials and equipment to be incorporated in the work. All such materials or equipment shall be new and of the highest quality available. Manufactured materials and equipment shall be obtained from sources, which are currently manufacturing such materials, except as otherwise specifically approved by the engineer. GC-64 STORAGE OF MATERIALS Materials and equipment to be incorporated in the work shall be stored in such a manner as to preserve their quality and fitness for the work and to facilitate inspection. GC-65 PAYROLL REPORTS The Contractor shall be required to furnish weekly payroll reports to the engineer certifying conformance with the wage rates listed in the specifications. GC-66 CONTRACTORS' REPRESENTATIVE Before beginning work, the Contractor shall notify the engineer in writing of one person within its organization who shall have complete authority to supervise the work, receive orders from the engineer, and represent the Contractor in all matters arising pursuant to this agreement. The Contractor shall not remove its representative without first designating in writing a new representative. The Contractor's representative shall normally be present at or about the site of work while the work is in progress. When neither the Contractor nor its representative is present at the work site, the superintendent, foreman, or other employee in charge of the work shall be an authorized representative of the Contractor. GC-67 SPECIALTY SUB-CONTRACTORS The Contractor may utilize the services of specialty subcontractors on those parts of the project which, under normal contracting practices, are performed by specialty subcontractors. Neither the Contractor nor any subcontractor shall award work to any subcontractor without the prior written consent of the County. The Contractor shall not award more than seventy-five percent of the work to subcontractors. GC-68 INSPECTION BY ENGINEERS All work pursuant to this agreement shall be subject to inspection by the engineer for conformity with contract drawings and specifications. The Contractor shall give the engineer reasonable advance notice of operations requiring special inspection of a portion of the work. BL078-22 Page 43 GC-69 WORK COVERED PRIOR TO ENGINEER'S INSPECTION In the event that work is covered or completed without the approval of the engineer, and such approval is required by the specifications or required in advance by the engineer, the Contractor shall bear all costs involved in inspection notwithstanding conformance of such portion of the work to the contract drawings and specifications. GC-70 ENGINEER'S AUTHORITY The engineer shall have the authority to decide all questions concerning interpretation and fulfillment of contract requirements, including, without limitation, all questions concerning the prosecution, progress, quality and acceptability of the work. Any oral decision or instruction of the engineer shall be confirmed in writing. All communications between the County and the Contractor shall be made through the engineer. The Contractor shall submit to the engineer a complete schedule of values of various portions of the work, including quantities and unit prices, aggregating the contract price. The schedule shall subdivide the work into component parts in sufficient detail to serve as the basis for progress payments during construction. Each item in the schedule of values shall include its proper share of overhead and profit. The schedule of values, when approved by the engineer, shall be used only as a basis for the Contractor's monthly request for payment and shall not be used for additions to or deductions from the contract amount. GC-71 PROGRESS ESTIMATES The Contractor shall also prepare a written report for the engineer's approval, on County forms, of the total amount of value of work performed to the date of submission. No progress estimate or payment shall be considered an approval or acceptance of any work performed, and all estimates and payments shall be subject to correction in subsequent estimates. Progress payments shall be made for all completed activities and for suitably stored materials. GC-72 PROGRESS PAYMENTS Upon completion of each monthly estimate of work performed and materials furnished, the engineer shall recommend payment to the Contractor for the estimated value of such work, materials, and equipment, less the amount of all prior payments and all liquidated damages. The Contractor will be paid 100 percent, less retainage, of the cost of materials received and properly stored but not incorporated into the work. Payments for materials or equipment stored on the site shall be conditioned upon submission by the Contractor of bills of sale to establish the County's title to such materials or equipment. No progress estimate or payment need be made when, in the engineer's judgment, the increment in the estimated value of work performed and materials furnished since the preceding estimate is less than $10,000. GC-73 TIME OF PAYMENT When the contractor has performed in accordance with the provisions of this Agreement, Gwinnett County shall pay to the contractor, within 30 days of receipt by the County of any payment request based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this Agreement, if any. In the event that Gwinnett County fails to pay the contractor within 60 days of the County's receipt of a pay request based upon work completed or service provided pursuant to the contract, the County shall pay the contractor interest at the rate of 1/2 percent per month or pro rata fraction thereof beginning the 61st day following the County's receipt of the pay request. The contractor's acceptance of progress payments or final payment shall release all claims for interest on said payments. The provisions of this agreement are intended to supersede all provisions of the Georgia Prompt Pay Act as provided by law. GC-74 RETAINAGE The County shall retain from each progress payment ten percent of the estimated value of the work performed until the progress payments, including retainage, total 50 percent of the contract price. Thereafter, no further retainage shall be withheld so long as the Contractor is making satisfactory progress to insure completion of the work within the time specified therefor. The County may reinstate the ten percent retainage in the event the engineer BL078-22 Page 44 determines that the Contractor is not making satisfactory progress to complete the work within the time specified in this agreement or in the event that the engineer provides a specific cause for such withholding. GC-75 PAYMENT OF SUBCONTRACTORS The Contractor shall promptly pay each subcontractor upon the receipt of payment from the County. Such payment shall be made from the amount paid to the Contractor pursuant to the subcontractor's work. The Contractor shall also maintain the records of the percentage retained from payments to the Contractor pursuant to such subcontractor's work. The Contractor shall procure agreements from each subcontractor requiring each subcontractor to pay their subcontractors, agents and employees in a similar manner. GC-76 COUNTY'S RESPONSIBILITIES TO SUBCONTRACTORS Neither the County nor the engineer shall have any obligation to pay any subcontractor except as otherwise required by law. GC-77 PROGRESS PAYMENTS - ACCEPTANCE OF WORK Certification of progress payments, as well as the actual payment thereof, shall not constitute the County's acceptance of work performed pursuant to this agreement. GC-78 PAYMENTS IN TRUST All sums paid to the Contractor pursuant to this agreement are hereby declared to constitute trust funds in the hands of the contractor to be applied first to the payment of claims of subcontractors, laborers, and suppliers arising out of the work, to claims for utilities furnished and taxes imposed, and to the payment of premiums on surety and other bonds and on insurance for any other application. GC-79 JOINT PAYMENTS The County reserves the right to issue any progress payment or final payment by check jointly to the Contractor and any subcontractor or supplier. GC-80 RIGHT TO WITHHOLD PAYMENT The engineer may decline to approve payment and may withhold payment in whole or in part to the extent reasonable and necessary to protect the County against loss due to defective work, probable or actual third party claims, the Contractor's failure to pay subcontractors or materialmen, reasonable evidence that the work will not be completed within the contract time or contract price or damage to the County or any other contractor on the project. GC-81 CERTIFICATE OF SUBSTANTIAL COMPLETION Upon the Contractor's submission of a request for a certificate of substantial completion, the engineer shall inspect the work and determine whether the work is substantially complete. If the work is substantially complete, the engineer shall issue a certificate of substantial completion of the work which shall establish the date of substantial completion, shall state the responsibilities of the County and the Contractor for security, maintenance, heat, utilities, damage to the work and insurance, and shall fix the time within which the Contractor shall complete the items submitted by the Contractor as requiring correction or further work. The certificate of substantial completion of the work shall be submitted to the County and the Contractor for their written acceptance of the responsibilities assigned to them pursuant to such certificate. GC-82 FINAL PAYMENT Upon substantial completion of the work and upon application by the Contractor and approval by the engineer, the County shall make payment reflecting adjustments and retainage for the work as provided in this agreement. BL078-22 Page 45 GC-83 COMMENCEMENT OF WARRANTIES Warranties required by this agreement shall commence on the date of final completion of the project unless otherwise provided in the certificate of substantial completion. GC-84 FINAL PAYMENT - WAIVER OF CLAIMS The acceptance of the substantial completion payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of application for payment at substantial completion and except for the retainage sums due at final acceptance. Following the engineer's issuance of the certificate of substantial completion and the Contractor's completion of the work pursuant to this agreement, the Contractor shall forward to the engineer a written notice that the work is ready for final inspection and acceptance and shall also forward to the engineer a final application for payment. When the engineer finds the work acceptable and determines that the contract has been fully performed, the engineer shall issue a certificate for payment which shall approve final payment to the Contractor. GC-85 DOCUMENTATION OF COMPLETION OF WORK Neither the final payment nor the remaining retainage shall become due until the Contractor submits the following documents to the engineer: A. An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the work have been paid other otherwise satisfied; B. The surety's consent to final payment; and C. Any other data reasonably required by the County or engineer establishing payment or satisfaction of all such obligations, including releases, waivers of liens, and documents of satisfaction of debts. In the event that a subcontractor refuses to furnish a release or waiver as required by the County or engineer, the Contractor may furnish a bond satisfactory to the County to indemnify the County against such loss. In the event that any lien or indebtedness remains unsatisfied after all payments are made, the contractor shall refund to the County all moneys that the County may become compelled to pay in discharging such lien or other indebtedness, including all costs and reasonable attorney's fees. GC-86 GOVERNING LAW Each and every provision of this agreement shall be construed in accordance with and governed by Georgia law. The parties acknowledge that this contract is executed in Gwinnett County, Georgia and that the contract is to be performed in Gwinnett County, Georgia. Each party hereby consents to the Gwinnett Superior Court's sole jurisdiction over any dispute which arises as a result of the execution or performance of this agreement, and each party hereby waives any and all objections to venue in the Gwinnett Superior Court. GC-87 CHANGES AND EXTRA WORK GC-87.1 AUTHORITY FOR CHANGES The County may make changes in the Drawings or Specifications and in the quantities of Work to be done under the Contract BL078-22 Page 46 C-87.2 CHANGE ORDERS Without invalidating the Contract, the County may at any time or from time to time, by written order, order additions, deletions, or revisions in the Work related to the original scope of the Work. Change Orders will authorize these. Upon receipt of the Change Order, Contractor shall promptly proceed with the work involved. If any price or scope of the Work or an extension or shortening of the Contract Time is involved, an equitable adjustment will be made within the Change Order. In the event the Change Order increases the contract price, the penal amount of the Payment and Performance Bonds shall be increased as provided for in Section GC-15. All changes in the Work authorized by Change Order shall be performed under the applicable Conditions of the Contract Documents. GC-87.3 WRITTEN NOTICE The County may, at the request of the Contractor, issue interpretations, clarifications and other instructions as to the intent of the Contract Documents, in the form of Written Notices. The County may also, at any time, make changes in the details of the Work by issuance of a Written Notice. Upon receipt of such a Written Notice containing interpretations, clarifications and other instructions, Contractor shall proceed with the Work and comply with the Written Notice unless Contractor believes that such Written Notice entitles him to a Change in Contract Price or Time or both. Should Contractor believe that such Written Notice entitles him to change in Contract Price or Time, or both, he shall give the County notice in writing thereof within seven (7) days after receipt of the Written Notice. Thereafter within thirty (30) days, Contractor shall document the basis for the change in Contract Price or Time. The County shall render a timely, written decision on the Contractor's request for a change in Contract Price or Time. Should the County determine that the Contractor is not entitled to a change in Contract Time or Price, the Contractor shall proceed as directed upon receipt of the County's decision. Failure to proceed shall constitute a breach of Contract and shall be a cause for the termination of the Contract. Request for a Change Order arising out of a Written Notice will not be considered without the attachment thereto of a copy of the referenced Written Notice. No claim by Contractor will be allowed if asserted after Final Payment under this Contract. GC-87.4 EXTRA WORK Extra work consists of new and unforeseen work determined by the County not to be covered by any of the various items for which there is a bid price or by combination of such items. GC-87.5 VARIATION IN QUANTITIES Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the Proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deem reasonably necessary or desirable by County to complete the Work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. GC-88 CHANGE ORDERS GC-88.1 GENERAL The Contract Price may only be changed by a Written Change Order. Each change will be set forth in a Change Order prepared by the County and approved by County. Change Orders will specify (a) all additional work to be done and work to be omitted, if any, in connection with the change; (b) the basis of compensation to the Contractor for additional or omitted work; and (c) any adjustment of the time of completion of the Work. If the County determines that a change requiring additional work will cause delay in completion of Work, he will grant an equitable time extension for the changed work, or a subsequent Change Order may be issued at such time as the extent of such delay can be determined. BL078-22 Page 47 Upon receipt of a Change Order, Contractor shall comply therewith and perform each item of work set forth therein, furnishing all labor, material, and equipment necessary therefore, in the same manner as if such work were originally included in the Contract. In the absence of a Change Order, Contractor shall not be entitled to payment or an extension of the time of completion on account of any changes made. GC-88.2 METHODS OF PAYMENT The value of any work covered by a Change Order or any claim for an increase or decrease in the Contract Price shall be determined by the following method which is most advantageous to County, as determined by the County: A. Where the work involved is covered by unit prices contained in Contract Documents, by application of unit prices to the quantities of the items involved. B. By mutual acceptance of a lump sum, based on a detailed breakdown of anticipated costs plus Contractor's fee for overhead, small tools, and profit. C. On the basis of the actual cost of the work plus a Contractor's fee for overhead, small tools and profit. This method of payment is herein referred to as force account work. Contractor's fee for force account work performed by his own forces shall be twenty percent (20%) for direct labor and payroll burdens; five percent (5%) for all purchased material; and Contractor's fee for subcontracted work shall be as defined hereinafter. GC-88.3 LUMP SUM CHANGE ORDER WORK Contractor shall prepare an estimate of all extra and deleted work as described by Written Notice, using established unit prices where they are stated in the Bidding Documents. Estimates for labor, bonds, insurance, materials, and equipment required shall otherwise be based on the provisions set forth hereinafter. GC-88.4 CHANGE ORDERS LIMITED Except as provided herein, no order, statement or conduct of the County or the Construction Program Manager shall be treated as a "Change Order" or entitle the Contractor to any adjustment hereunder of the Contract Price or Contract Time. GC-88.5 NO WORK STOPPAGE Nothing in this Article shall excuse the Contractor from proceeding with the Contract as changed. GC-88.6 CONTRACT AMENDMENT The amount payable to the Contractor under the Contract, the Contract Time, and the date required for performance of any part of the Work may be changed only by a Change Order to the Contract. GC-89 FORCE ACCOUNT WORK Force account work is an Owner-defined emergency, a sudden or unforeseen failure or malfunction of an existing system, which results in the Contractor being obligated to respond to the site of the emergency as Owner-directed. Contractor may perform work on a force account basis and will be paid for properly allocated charges which may include labor, bond premium, supplies and materials, equipment and subcontract billings, incurred in the performance of such force account work as more particularly described below: A. Labor: All labor shall be billed at the hourly rates specified in the bid. Regular rates will apply during normal business hours, defined as Monday through Friday, 7a.m.–5p.m. Overtime rates will apply during non- normal business hours. If premium rates apply, then overtime rates shall be defined as Monday through BL078-22 Page 48 Friday, 5p.m.–8p.m. Accordingly, premium rates, if applicable, shall be defined as Monday through Saturday, 8p.m.–7a.m., all hours on Sundays and all County recognized holidays. A foreman shall not be used where there are fewer than two (2) laborers employed, except with the written consent of the County. Subsistence and travel allowance where required by collective bargaining agreements shall be included. The charges for labor shall include all classifications through foremen when engaged in the actual and direct performance of the Work. They shall not include charges for such overhead personnel as assistant superintendents, superintendents, office personnel, timekeepers, and maintenance mechanics. B. Bonds and Insurance: For bonds and insurance premiums or increases thereto necessitated by the force account work, Contractor shall receive the actual cost to which no percent shall be added. Contractor shall furnish satisfactory evidence of the rate or rates paid for such bond and insurance. C. Materials: For materials accepted by the County and used as an integral part of the finished Work, Contractor shall receive the actual cost of such materials delivered on the Work, including transportation charges paid by him, exclusive of machinery rentals as hereinafter set forth. If materials are procured by Contractor by a method which is not a direct purchase from and a direct billing by the actual supplier, the cost of such materials shall be deemed to be the lowest current wholesale price at which such materials are available in the quantities concerned and delivered to the site of the Work. For other materials used in the construction which are not an integral part of the finished Work, such as, but not limited to, sheeting, false work and form lumber, Contractor shall be reimbursed in the amount agreed upon by the County before such work is begun. The salvage value of such material will be taken into consideration in determining the amount of reimbursement. D. Equipment: Contractor will be paid for the use of Contractor owned or rented equipment at seventy percent (70%) of the suggested monthly rental rates listed for such equipment in the Blue Book Rental Rates for Construction Equipment (published by Equipment Guide-Book Company of Palo Alto), except as modified below, which edition shall be the latest edition in effect at the time of commencement of the force account work. Hourly rental rates shall be calculated by dividing the listed monthly rates as modified above by 176 hours. The rental rate for equipment used in excess of eight (8) hours per day, shall be at the rate of fifty percent (50%) of the hourly rates as calculated above. The rental rates for standby equipment, when authorized by the County, shall be at the rate of fifty percent (50%) of the hourly rate for equipment in use eight (8) hours per day. No payment of rentals for standby equipment will be made for more than eight (8) hours per working day and no payment will be made for weekend days or holidays. If it is deemed necessary by Contractor to use equipment not listed in the applicable edition of the Blue Book Rental Rates, Contractor shall furnish the necessary cost data and paid invoices to the County for its use in establishment of such rental rate(s). Equipment must be in good operating condition. The rental rates paid as above provided shall include the cost of fuel, oil, lubricants, supplies, small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage and insurance. Equipment operators will be paid for as stipulated herein. The rental time to be paid for equipment on the Work site shall be the time the equipment is required for the force account work being performed. The time shall include the time required to move the equipment to the location of the force account work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid if the equipment is used at the site of the force account work on other than such force account work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. No payment for loading and transporting will be made if the equipment is used at BL078-22 Page 49 the site of the force account work on other than such force account work. Compensation will not be allowed while equipment is inoperative due to breakdown. For the use of equipment moved in on the work and used exclusively for work paid for on a force account basis, providing the County has agreed to said move, Contractor will be paid the equipment use rates provided for in this clause, for the cost of transporting the equipment to the location of the work and its return to its original location, and for the cost of loading and unloading the equipment, all in accordance with the following provisions: 1. The cost of transporting equipment shall not exceed the applicable minimum established rates by the State of Georgia Public Service commission. 2. The equipment use period shall begin at the time the equipment is unloaded at the site of the force account work, shall include each day that the equipment is at the site of the force account work, excluding Saturdays and Sundays and other legal holidays unless the force account work is performed on such days, and shall terminate at the end of the day on which the County instructs Contractor to discontinue the use of such equipment. The maximum time to be paid per day will not exceed eight (8) hours unless the equipment is in operation for a longer time. E. Subcontract Work: Where the Change Order applies to work being performed under a subcontract, reimbursement, including the fee for small tools, overhead and profit for the subcontractor's work performed on a force account basis shall be computed in precisely the same manner as if performed by Contractor as indicated herein. One additional allowance of five percent (5%) of the subcontractor's total costs will be granted to Contractor for overhead and profit regardless of the tier of the subcontractor. If the subcontractor elects to contract out change order work to a third (or lower) level contractor or supplier of purchased equipment, he shall not be entitled to fees, overhead or profit for such third (or lower) level work or materials. The County reserves to right to direct the Contractor to contract directly with third (or lower) level subcontractors and suppliers of purchased equipment in order to avoid paying multiple fees, overhead and profit for such third (and lower level) subcontractors and suppliers of purchased equipment. If similar work is not being performed at the Work site, and if required by County, Contractor shall obtain three (3) competitive bids for the requirements of the Change Order and the Contract Documents from Subcontractors acceptable to the County. Selection of the Subcontractor shall be subject to the approval of the County. F. Compensation: The compensation as set forth above shall be received by Contractor as payment in full for work done on a force account basis. At the end of each day, Contractor's Representative and Inspector shall compare records of the Work performed including classification of all laborers, ordered on a force account basis. G. Statements: No payment will be made for work performed on a force account basis until Contractor furnishes the County itemized statements of the cost of such force account work detailed as to the following: 1. Labor - name, classification, date, daily hours, total hours, rate, and extension of e...