Asphalt Resurfacing - Multiple Roads

1 REQUEST FOR BIDS Issuing Agency Heard County Board of Commissioners Purchasing Department Heard County Administration Building P.O. Box 40, 201 Park Avenue, Rm#200 Franklin, Georgia 30217 Phone: 706-675-3821 Fax: 706-675-2493 Issue Date Wednesday, February 28, 2024 Buyer Felicia Adams BID Closing Date Wednesday, March 27, 2024 BID Closing Time 2:00 PM Commodity Asphalt Resurfacing – Multiple Roads 2 REQUEST FOR BIDS The Heard County Board of Commissioners is requesting bids from Georgia state licensed contractors to complete asphalt resurfacing on multiple roads in Heard County. The Contractor shall provide all materials and services necessary in the performance of this contract. Bids will be received by Heard County Board of Commissioners, Purchasing Department, Heard County Administration Building, 201 Park Avenue, Room 200, Franklin, Georgia 30217 until 2:00 PM local time on Wednesday, March 27, 2024. Late bids will not be considered nor returned. Bids will be formally accepted

and acknowledged at the County Administration Building by staff personnel. The bid documents and specifications are available for inspection at the Heard County Purchasing Department, Heard County Administration Building, 201 Park Avenue, Room 200, Franklin, Georgia 30217; phone 706-675-3821 or fax 706-675-2493. Bids may not be withdrawn for ninety (90) days after the time and date set for closing, except as allowed by OCGA. Heard County reserves the right to reject any and all bids and to waive any technicalities. BID DOCUMENTS ARE AVAILABLE AT THE HEARD COUNTY, GEORGIA WEBSITE: www.heardcountyga.com 3 1.0 INTRODUCTION 1.1 Purpose of Procurement The Heard County Board of Commissioners is requesting bids from Georgia State licensed contractors to complete an asphalt overlay on multiple roads. 1.2 Proposal Certification Pursuant to the provisions of the Official Code of Georgia Annotated 50-5-67(a), Heard County certifies that the use of competitive sealed bidding will be practical or advantageous to the County in completing the acquisition described in this document. The Owner shall have the right to waive any informality, irregularity, or insufficiency in the proposal procedure and in any bid or bids received and to accept the bid which, in the Owner’s sole judgment, is in the Owner’s own best interests. 1.3 Schedule of Events This Request for Bids shall be governed by the following schedule: DATE ACTIVITY February 28, 2024 Release of RFB March 13, 2024 2:00 P.M. Deadline for written questions to be submitted to Purchasing Director March 20, 2024 4:00 P.M. Answers to written questions posted to website: www.heardcountyga.com March 27, 2024 2:00 PM BIDS Due 1.4 Restrictions on Communications From the issue date of this RFB until a contractor is selected and the award is announced, Contractors are not allowed to communicate for any reason with any County staff or elected officials except: 1) through the Project Manager or Purchasing Director named herein, or 2) as provided by existing work agreement(s). The County reserves the right to reject the submittal of any bidder violating this provision. 1.5 Pre-Proposal Meeting OMIT 4 1.6 Questions & Addenda All questions concerning this RFB must be submitted in writing (email is preferred but fax and mail may be used) to the Purchasing Agent no later than 2:00 pm on March 13, 2024, local time. The Inquiries must be directed to: Felicia Adams, Finance Director Heard County Board of Commissioners Heard County Administration Building 201 Park Avenue, Room #200 Franklin, GA 30217 feliciaadams@heardcountyga.com Fax (706) 675-2493 No response to inquiries other than written will be binding upon the County. Heard County reserves the right to issue written addenda to any inquiries that alter the scope of the Request for Bids. Addenda shall be posted to the county website, www.heardcountyga.com, no later than March 7, 2024, at 4:00 PM. A signed copy of any addenda shall accompany submitted Bids. Bidders are advised to check the website for addenda before submitting their Bids. 1.7 Definition of Terms BOC - Heard County Board of Commissioners OCGA - Official Code of Georgia Annotated (State Statute) Bidder - Respondent to this Request for Bids Contractor - The successful respondent to this Request for Bids, after being placed under contract with the County. RFB - Request for Bids Contract Documents – The Contract Documents are defined as all Drawings, Specifications, Bulletins, Agreement Forms and Addenda issued through the completion of the project including, but not limited to: • Appendix A Bidders Certification • Appendix B Save Affidavit. • Appendix C E-Verify Form • Appendix D Pricing Proposal • Appendix E Heard County’s Contract 1.8 Contract Term The contract between the County and the Contractor shall become effective upon signing and shall remain in force until completion of the project, or until notice of termination in writing is given by the other party as provided herein. Heard County reserves the right to terminate contract at any time if successful bidder fails to meet requirements stated in this RFB. 5 The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under this contract. 1.9 Bonds Bid Bonds 5% of total bid amount Performance Bonds 100% of total contract price (required of awarded vendor only) Payment Bonds 100% of total contract price (required of awarded vendor only) Information regarding bonds to be furnished is stated in the 6.0 Terms and Conditions section of this bid document, 6.26 “Bid Bonds, Performance Bonds & Payment Bonds”. 1.10 Exception to RFB Each BID shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFB. An “exception” is defined as the Bidder’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFB. All exceptions taken must be identified and explained in writing in your proposal and must specifically reference the relevant section(s) of this RFB. If the bidder provides an alternate solution when taking an exception to the requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the bidder’s solution, must be explained in detail. The County welcomes innovative suggestions and recommendations from Contractors that will ensure a 100% successful service approach. 2.0 SCOPE OF WORK The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor's obligations to complete an asphalt resurfacing on multiple roads. 3.0 MANDATORY REQUIREMENTS This section identifies all mandatory requirements which must be present in the proposal before further consideration will be given. 3.1 Bid Requirements a. Completed Pricing Proposal that addresses all elements of the Scope of Work referenced in Section 2 of this RFB (Appendix D). b. Evidence of Insurance. c. Bidder’s Certification (Appendix A) d. SAVE Affidavit (Appendix B) e. E-Verify Form (Appendix C) f. Signed Addendum (if any) 6 3.2 Pricing Proposal The pricing proposal is to provide Heard County on how your company charges for the materials and services needed. Pricing should include normal fees associated with the performance of the service specified, including materials, supervision, labor, transportation, delivery, and related costs in accordance with the current version of GDOT 2013 Specifications. The Pricing Proposal must be signed by an authorized individual/officer of the firm along with company name and address and printed name of authorized individual/officer. 4.0 QUALIFICATIONS INFORMATION All Bidders must be prequalified and in good Standing with GDOT to perform the services as listed in this Request for Bids. 5.0 SUBMISSION OF BIDS 5.1 Submission of Bids Bids will be received by the Heard County Purchasing Agent until 2:00 PM on March 13, 2024. The original and three (3) copies must be mailed, hand-delivered, or express mailed to: Felicia Adams, Finance Director Heard County Board of Commissioners Heard County Administration Building 201 Park Avenue, Room #200 Franklin, GA 30217 feliciaadams@heardcountyga.com Any submission received after the due date and time will not be considered. NOTE: Many express mail services do not guarantee overnight delivery times to Heard County. Any proposal received after 2:00 PM on March 27, 2024 will not be opened. 5.2 Rejection of Bids/Cancellation of RFB Heard County reserves the right to reject any or all submissions, to waive any irregularity or informality in a submission, and to accept or reject any item or combination of items, when to do so would be to the advantage of the County. It is also within the right of the County to reject submissions that do not contain all elements and information requested in this document. The County reserves the right to cancel this RFB at any time. The County will not be liable for any cost/losses incurred by the Contractors throughout this process. 7 6.0 TERMS AND CONDITIONS 6.1 RFB Amendments The County reserves the right to amend this RFB prior to the proposal due date. All addenda and additional information will be posted to the County website at: www.heardcountyga.com, prior to 4:00 PM on March 20, 2024. It is the Bidder’s responsibility to check the website for addenda before submitting a Bid. All signed addenda shall be included in the Qualifications Proposal. 6.2 Agreement and Project Forms The Agreement form shall be the Owner’s agreement form. The Owner’s payment, waiver of lien and change order form(s) shall be used. 6.3 Bid Withdrawal A submitted bid may be withdrawn prior to the due date by a signed written request to the Purchasing Director. 6.4 Cost for Preparing Bids The cost for developing the bid is the sole responsibility of the bidder. The County will not provide reimbursement for such costs. 6.5 Conflict of Interest If a Bidder has any existing client relationship that involves Heard County, the bidder must disclose each relationship. 6.6 Contractor Selection Heard County reserves the exclusive right to determine which Bidder should be awarded the Contract. The County also reserves the right to reject any or all bids at its discretion with or without cause. 6.7 Negotiations with Apparent Winner Prior to award, the apparent winning bidder will be required to enter into discussions with the County to resolve any contractual differences. These discussions are to be finalized within one (1) week of notification unless extending the time period is advantageous to the County. Failure to resolve differences will lead to rejection of the Contractor's bid. The County reserves the right to negotiate modifications and costs with the successful bidder provided that no such modifications affect the evaluation criteria set forth herein. The Contractor shall commence work only after the transmittal of a fully executed contract and Notice to Proceed from the County. 8 6.8 Taxes Heard County is exempt from taxes; however the Contractor shall pay all taxes required of him by law. Heard County cannot exempt others from tax. 6.9 Compliance with Laws The Contractor will comply with all State and Federal laws, rules, and regulations. 6.10 Cancellation for Cause If either party shall refuse, fail, or be unable to perform or observe any of the terms or conditions of the contract for any reason, then the party claiming such failure shall give the other party a written notice of such breach. If, within thirty (30) days from such notice, the failure has not been corrected, the injured party may cancel the contract effective thirty (30) days after notice of cancellation. Heard County reserves the right to terminate the contract immediately in the event that the Contractor discontinues or abandons operations; is adjudged bankrupt, or is reorganized under any bankruptcy law; or fails to keep in force any required insurance policies or bonds. Failure of the successful contractor to comply with any section or part of the contract will be considered grounds for immediate termination of the contract by the County without penalty to Heard County. Heard County shall pay for services rendered up to the point of termination. Notwithstanding anything to the contrary contained in the contract between the County and the successful contractor, the County may, without prejudice to any other rights it may have, terminate the contract for convenience and without cause, by giving thirty (30) days written notice to the successful contractor. If the termination clause is used by the County, the successful contractor will be paid by the County for all scheduled work completed satisfactorily by the successful contractor up to the termination date set forth in the written termination notice. 6.11 Condition of Materials It is understood and agreed that materials delivered shall be new, of latest design, and in first quality condition. 6.12 Rejection of Submissions/Cancellation of Request for Bids Heard County reserves the right to reject any or all bids, to waive any irregularity or informality in a bid, and to accept or reject any item or combination of items, when to do so would be to the 9 advantage of Heard County. It is also within the rights of Heard County to reject bids that do not contain all elements and information requested in this document. Heard County reserves the right to cancel this Request for Bid at any time. Heard County will not be liable for any cost/losses incurred by the Contractors throughout this process. 6.13 Non-discrimination Heard County does not discriminate on the basis of race, religion, color, sex, national origin, age, or disability. 6.14 Payment Payment terms and invoicing requirements shall be as defined by the Agreement form. See Section 6.2 of this RFB for more information on the Agreement form. 6.15 Insurance The Contractor shall be responsible for his work and every part thereof, and for all materials, tools, equipment, appliances, and properties of any and all description used in connection with this project. The Contractor assumes all risks of direct and indirect damage or injury to the property of persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work. The Contractor shall, during the continuance of all work under the Contract, provide the coverage as listed in Appendix E – Heard County’s Contract 6.16 Project Coordination The Contractor shall employ and assign only qualified and competent personnel to perform any service or task involved in this project. The Contractor shall designate one such person as a Project Manager, and the Project manager shall be deemed to be the Contractor’s authorized representative, who shall be authorized to receive and accept any and all communications from the County. The County shall name a Project Manager who shall be authorized to generate, receive and accept communication as an authorized representative of the County. The Contractor hereby agrees to replace any personnel or sub-contractor, at no cost or penalty to the County, if the County reasonably determines that the performance of any sub-contractor or personnel is unsatisfactory. 6.17 Accuracy of Work The Contractor shall be responsible for the accuracy of the work performed and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the County will not relieve the Contractor of the responsibility for subsequent correction of errors, the clarification of any ambiguities, or the costs associated with any additional work caused by 10 negligent acts, errors, or omissions by the Contractor or latent defects in the products sold by the Contractor. At any time during the execution of this project or during any phase of work performed by others based on data secured by the Contractor under this Agreement, the Contractor shall confer with the County for the purpose of interpreting the information supplied by the Contractor and to correct any errors or omissions. The above consultations, clarifications, and/or corrections shall be made without added compensation to the Contractor. The Contractor shall give immediate attention to these changes so there will be minimum delay to others. The Contractor shall be responsible for errors and omissions and save harmless the County and its agents as provided in this Agreement. 6.18 Ownership Reports, plans, data, statistics, specifications, and other supporting records compiled or prepared in the performance of the Services required by this Contract, shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this Contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the contract except that Contractor shall have the right to retain copies of the same. 6.19 News Releases by Contractor As a matter of policy, the County does not endorse the products or services of a Contractor. News releases concerning any resultant contract from this solicitation shall not be made by a Contractor without the prior written approval of the County. All proposed news releases shall be routed to the Heard County Purchasing Director for review and approval. 6.20 Severability/Cancellation It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held illegal or in conflict with any law of the State where made or having jurisdiction over any of the parties hereto, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provisions held to be invalid. The County and the Contractor agree to resolve through negotiation or mediation prior to filing any cause of action. The venue for any litigation arising from this contract shall be Heard County, Georgia. The County reserves the right to cancel the contract and discontinue the services with a thirty (30) day written notice as a result of the failure of the Contractor to provide acceptable work and services as delineated in the response to this document or if determined that services can be better provided by in-house or other sources. 11 6.21 Drug Free Workplace By submission of a Proposal, the Contractor certifies that the provisions of Code Sections 5024- 1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-free Workplace Act", have been complied with in full. The Contractor further certifies that: • A drug-free workplace will be provided for the Contractor's employees during performance of the contract; and • Each Contractor who hires a sub Contractor to work in a drug-free work place shall secure from that sub Contractor the following written certification: • As part of the subcontracting agreement with (Contractor's name), (Sub Contractor's name) certifies to the Contractor that a drug-free workplace will be provided for the sub Contractor's employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of Code Section 50-24-3". • The Contractor further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract. 6.22 Assignment of Contractual Rights It is agreed that the Contractor will not assign, transfer, convey, or otherwise dispose of a contract that may result from this bid or his right, title, or interest in or to the same, or any part thereof, without written consent of the County. 6.23 Indemnity To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold Heard County harmless from and against any and all claims, damages, losses, and expenses, including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the negligent acts, negligent omissions, willful misconduct, or reckless misconduct of the Contractor or anyone for whom the Contractor is responsible. 6.24 Appropriation of Funds The initial contract and any continuation contract(s) shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unencumbered funds available to satisfy the County’s obligations under said contract(s). 6.25 Documents Deemed Part of Contract All Contract Documents issued by the Owner and executed by both parties through the completion of the project shall be deemed part of the contract. No documentation or information provided by the bidder or contractor, as part of this proposal or otherwise, shall be deemed part of the contract unless and until incorporated into the contract documents issued by the Owner. 12 6.26 Bid Bonds, Performance Bonds & Payment Bonds A five percent (5%) Bid Bond, a one hundred percent (100%) Performance Bond, and/or a one hundred percent (100%) Payment Bond shall be furnished to Heard County if stated as required in Paragraph 1.9 in the “Introduction” section of this document. Failure to submit appropriate bonding will result in automatic rejection of bid. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, 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, and have an A.M. Best rating. 13 Appendix A BIDDER’S CERTIFICATION Date of Bid___________________ I certify that this Bid is submitted without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same goods/services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and Federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. Bidder Information Name and Mailing Address (Type or Print) (Where to Send Payment) ___________________________________ _________________________________ Name of Company Name of Company ___________________________________ _________________________________ Address Address ___________________________________ _________________________________ City, State, & Zip Code City, State, & Zip Code ___________________________________ _________________________________ Phone Number Phone Number ___________________________________ _________________________________ Fax # Email Address __________________________ OR __________________________ Tax ID Number Social Security Number Name & Title of Person Authorized to Sign ____________________________________ ___________________________________ Name SIGNATURE ______________________________________ Title Proposals or Bids not signed shall be declared as “Non-Responsive” and may not be considered for award. 14 Appendix B & C SAVE Affidavit and E-Verify Affidavit HEARD COUNTY COMMISSIONER (Systematic Alien Verification for Entitlements) Affidavit for a Public Benefit as required by the Georgia Security and Immigration Compliance Act By executing this affidavit under oath, as an applicant for a public benefit as referenced in the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1), I am stating the following: _____ I am a United States citizen; or _____ I am a legal permanent resident of the United States*; or _____ I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act, 18 years of age or older and lawfully present in the United States.* *Alien registration number for non-citizens issued by the Department of Homeland Security or other federal immigration agency is:______________________________________ Document for identification purposes must be provided. See list on page 2 of this document. ****************************************************************************** In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia. _________________________________________ Applying on behalf/Name of associated business _________________________________________ _______________________ Signature of Applicant Date _________________________________________ Printed Name SUBSCRIBED AND SWORN BEFORE ME ON THIS _____ DAY OF _______________, 20_____. _________________________________________ Notary Public My Commission Expires:___________________ NOTE: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. [Page 1 of 2] 15 SECURE AND VERIFIABLE DOCUMENTS UNDER O.C.G.A. § 50-36-2 [Issued August 1, 2011 by the Office of the Attorney General, Georgia] The following list of secure and verifiable documents, published under the authority of O.C.G.A. § 50-36- 2, contains documents that are verifiable for identification purposes, and documents on this list may not necessarily be indicative of residency or immigration status. INDICATE AND ATTACH A COPY OF THE DOCUMENT (front and back). • United States passport or passport card • United States military identification card • Merchant Mariner Document or Merchant Mariner Credential issued by the United States Coast Guard • Secure Electronic Network for Travelers Rapid Inspection (SENTRI) card • Driver’s license issued by one of the United States, the District of Columbia, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer. • Identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer. • Tribal identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer. • Passport issued by a foreign government • Free and Secure Trade (FAST) card • NEXUS card • United States Permanent Resident Card or Alien Registration Receipt Card • Employment Authorization Document that contains a photograph of the bearer. • Certificate of Citizenship issued by the United States Department of Citizenship and Immigration Services (USCIS) [Form N-560 or Form N-561] • Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS) [Form N-550 or Form N-570] [Page 2 of 2] 16 E-Verify Affidavit Georgia Security & Immigration Compliance (GSIC) Act (CONTRACTOR) E-VERIFY AFFIDAVIT AND AGREEMENT Heard County BOC and Contractor agree that compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Rules of the Georgia Department of Labor are conditions of this Agreement for the physical performance of services. By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Heard Count y BOC has registered with and is participating in the federal work authorization program known as “E-Verify”, web address https://e-verify.uscis.gov/enroll/ operated by the United States Citizenship and Immigration Services Bureau of the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 [(IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned Contractor also verifies that he/she/it is using and will continue to use the federal work authorization program throughout the contract period. The undersigned Contractor agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the Heard County BOC, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees the Contractor will advise the Heard County BOC of the hiring of a new subcontractor and will provide Heard County BOC with a Subcontractor Affidavit attesting to the Subcontractor’s name, address, user identification number, and date of authorization to use the Federal Work Authorization Program within five (5) days of the hiring before the Subcontractor begins working on the Project. Contractor also agrees to maintain all records of such compliance for inspection by Heard County BOC at any time and to provide a copy of each such verification to the Heard County BOC at the time the subcontractor(s) is retained to perform such services. _____________________________________________________________________________ E-Verify Employment Eligibility Verification User identification Number _____________________________________________________________________________ Date of Authorization to Use Federal Work Authorization Program _____________________________________________________________________________ NAME OF CONTRACTOR _____________________________________________________________________________ Title of Authorized Officer or Agent of Contractor _____________________________________________________________________________ Signature and Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF __________________, 20______. ______________________________________________________ Notary Public My Commission Expires:__________________________________ * As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). Authority O.C.G.A. § 13-10-91. History: Original Rule entitled “Contractor Affidavit and Agreement” adopted F. May 25, 2007; eff. June 18, 2007, as specified by the Agency. 17 Appendix D BIDDER’S PRICING PROPOSAL Frolona Road– Hwy 100 to Bridge at Jim T Mickel Road (3.68 mi)* Joe Stephens Road – Hwy 34 to Coweta County Line (5.1mi) West Ferry Road – Hwy 27 to 4 way stop (2.13 mi) Boggus Road – Hwy 219 to Mt Pleasant Road (2.7 mi)* Pea Ridge Road – Hwy 27 to End of Pavement (3.06 mi) Proposal Line Number Pay – Item Description Estimated Units Unit Price Bid Amount 0010 150- 1000 Traffic Control Lump Sum 0015* 432- 5010 Mill Asph Conc Pvmt, Variable Depth 200 SY 0020 402- 3113 Recycled Asph Conc 12.5 MM Superpave, Type I, GP 1or 2 Incl Bitum Material 165 lbs/sqyd 17491 TN 0022 402- 3100 Recycled Asph Conc 9.5 MM Superpave, Type I, GP 1 or Blend Incl Bitum Material 55 lbs/sqyd 1830 TN 0025 413- 1000 Bitum Tack Coat 24500 GL 0035 652- 2501 Solid Traffic Stripe, 5 in, White 39 LM 0040 652- 2502 Solid Traffic Stripe, 5 in, Yellow 32 LM 0045 652- 3502 Skip Traffic Stripe, 5 in, Yellow 7 GLM Bid Amount *Variable Depth Milling to allow for a transition with existing bridge deck TOTAL BID FOR ALL ROADS: ___________________________________________________ Name & Title of Person Authorized to Sign ____________________________________ ___________________________________ Name SIGNATURE ______________________________________ Title 18 Appendix E HEARD COUNTY, GEORGIA BOARD OF COMMISSIONERS CONTRACT DATE CONTRACT EXECUTED: _________ DAY OF __________________, 2024 CONTRACTOR DESCRIPTION OF IMPROVEMENTS AND FACILITY AMOUNT OF CONTRACT PROJECT MANAGER Darold Wiggins THIS AGREEMENT, made and entered into on the Date Contract Executed, specified above, by and between the Heard County Board of Commissioners, hereinafter referred to as the “Owner”, party of the first part; and the Contractor named above, hereinafter called the “Contractor”, party of the second part; WITNESSETH THAT: WHEREAS, the Owner desires to construct or improve the Facility described and identified above, and the Contractor desires to furnish and deliver material and to do and perform all the work and labor necessary to construct the Facility: NOW, THEREFORE, THE PARTIES HERETO, in consideration of ONE DOLLAR ($1.00) in hand paid by the Owner to the Contractor, set forth in the Contract Documents and in consideration of the premises and of the covenants of the other as hereinafter expressed and contained, do hereby agree each with the other as follows: The Contractor promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the improvement or construction of the Facility described above in strict and entire conformity with the provisions of the Contract Documents as defined below. 19 The Contract Documents which comprise the entire agreement between the Owner and the Contractor concerning the Work consist of the following: The RFB document with associated Addenda, the Proposal, the Notice of Award, this Contract, the Letter of Credit or Performance and Payment Bonds, the Notice to Proceed, the General Conditions, the Supplemental General Conditions, the Special Conditions, the Specifications, the Plans, Addenda which may be issued. The terms and conditions of said Contract Documents are incorporated herein by reference and made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and understands all of said Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. 1. If, at any time after the execution of this Agreement, the Letter of Credit or the Performance Bond and Payment Bond, the Owner shall deem the Letter of Credit or the Performance Bond and Payment Bond to be unsatisfactory, or if for any such reason the Letter of Credit or the Performance Bond and Payment Bond shall become inadequate to cover the performance of the Work, as defined below, the Contractor shall at his own expense, within five (5) days after receipt of notice from the Owner to do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security shall have been furnished in a manner and form satisfactory to the Owner. 1. The Owner agrees and promises to pay to the Contractor for said work, when completed in accordance with the provisions of this contract, the prices set forth in the proposal, amounting approximately to the Amount of Contract stated above, subject to adjustments, if any, with payments to be made as provided in said specifications and Contract Documents. 1. The contractor shall begin work required by the Contract Documents on the start date specified by the Project Manager in the Notice to Proceed. The project shall be substantially complete within 120 days following the Notice to Proceed. Substantial Completion is achieved when construction is sufficiently completed, in accordance with the Contract Documents, so that the project can be safely, conveniently and beneficially utilized for the purposes for which it is intended. Final Completion shall be within 14 days following Substantial Completion. 1. This work shall be done in accordance with the laws of the State of Georgia under the direct supervision and to the entire satisfaction of the Owner. The decision of the Owner or their authorized representatives upon any questions connected with the execution and fulfillment of this agreement or any failure or delay in the prosecution of the work by the Contractor will be final and conclusive. 1. The Contractor agrees to warrant and correct any defective or faulty work or material that may appear within (1) one year after completion of the work and receipt of final payment. 1. The Contractor shall pay the Owner the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion of the Project beyond the date set forth in the Contract Documents for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 20 1. If the Contractor fails to achieve Final Completion of the Project within thirty (30) days of the date of Substantial Completion, the Contractor shall pay the Owner the sum of $100.00 per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing the estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Final Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 1. The Contractor shall furnish separate performance and payment bonds to the Owner. Each bond shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner. In the discretion of Owner, Owner may accept a letter of credit under terms acceptable to Owner, instead of a performance and/or payment bond. 1. Contractor shall comply with the Equal Employment Opportunity federal and state laws, and shall not discriminate in the employment of any person based upon race, gender, color, creed or other protected classifications under federal and state law. 1. Contractor shall furnish performance and payment bonds, each in an amount equal to the contract price as security for the faithful performance and payment of all of Contractor’s obligations under the contract documents. These bonds shall remain in effect until the last day of the warranty period of one (1) year. All bonds shall be in a form approved by the County Attorney, and shall be executed by such sureties as are licensed and registered with the Georgia Secretary of State and the Georgia Insurance Commissioner. All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. Contractor shall provide the payment and performance bonds to Owner prior to beginning any part of the scope of the work required of Contractor under the contract. In the discretion of Owner, Owner may accept a letter of credit under terms acceptable to Owner, instead of a performance and/or payment bond. 1. Contractor shall verify its compliance with O. C. G. A. § 13-10-91, by providing an affidavit by an agent authorized to bind Contractor and which affirmatively states that the individual, firm or corporation which is contracting with Owner has registered with and is participating in the federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program to verify information of newly hired employees]. Contractor will secure from each subcontractor that participates in the project, a similar verification of compliance and provide a copy of each such verification to Owner 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three counterparts, each of which shall be deemed an original contract.* PARTY OF THE FIRST PART OWNER: The Heard County Board of Commissioners By: Commission Chairman Attest: Clerk of Commission SEAL PARTY OF THE SECOND PART CONTRACTOR: By: (Signature)* (Printed name and title) By:________________________________________ (Signature) ________________________________________ (Printer name and title) Attest: SEAL Approved as to form: Heard County Attorney *In the event that the contractor is a corporation, there shall be attached to each counterpart a Corporate Certificate. Provide signature identical to that shown on the Corporate Certificate. 22 GENERAL CONDITIONS ARTICLE 1 GENERAL PROVISIONS 1.1 The Contract Documents The RFB, the Bid, the Notice of Award, the Contract, the Letter of Credit or Performance and Payment Bonds, the Notice to Proceed, the General Conditions, the Special Conditions, the Plans, and any Addenda which may be issued, constitute the Contract Documents. The Contract Documents represent the entire and integrated agreement between the parties and supersede prior negotiations, representations or agreements, either written or oral. The Contract Documents may be amended or modified only by a written modification. 1.2 The Plans and Specifications 1.2.1 In case of conflict between requirements shown on the Plans and provisions of the Specifications, the Specifications shall take precedence over the Plans. Dimensions, shown in figures on the Plans, shall govern in case of any discrepancy between them and scaled dimensions. 1.2.2 The Contractor shall not take advantage of any apparent error or omission which may be found in the Plans or the Specifications, and the Project Manager shall be entitled to make such corrections therein and such interpretations thereof as he may deem necessary for the fulfillment of their intent. 1.2.3 The right is reserved for the Project Manager to make, from time to time, such alterations in the Plans as he may consider necessary to complete the Project to his satisfaction and consistent with the general intention of the Contract Documents. 1.2.4 Drawings, Specifications, as builts, and any and all other Instruments of Service prepared by the Project Manager and Design Consultant or Contractor, or both, for the Project shall become and remain the property of the Owner and shall not be utilized by the Contractor on any other project without the written permission of Owner. 1.2.5 The Contractor shall have the continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings and the Product Data and shall give written notice to the Project Manager of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Project Manager and Design Consultant of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with this Contract. The Owner has requested the Project Manager and Design Consultant to only prepare documents for the Project, including the Drawings and Specification for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, HEARD COUNTY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be reasonably complete, accurate, adequate, consistent, coordinated and sufficient for construction. 1.3 The Work The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor's obligations. 1.4 Intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. 23 ARTICLE 2 OWNER 2.1 Right to Stop The Work If the Contractor fails to correct Work, which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. 2.2 Right to Carry Out The Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 2.3 Right To Perform Construction And To Award Separate Contracts 2.3.1 The Owner reserves the right to perform construction or operations related to the project with the Owner's own forces, and to award separate contracts in connection with other portions of the project. 2.3.2 The Contractor shall coordinate and cooperate with separate contractors employed by the Owner. 2.3.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 3 CONTRACTOR 3.1 Execution Of The Contract Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor understands that no deviation will be allowed from the Project Manager's interpretation of the Contract Documents. 3.2 Review Of Contract Documents And Field Conditions 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; (3) promptly report errors, inconsistencies or omissions discovered to the Project Manager; (4) The Contractor shall provide written notice of concealed or unknown conditions to the owner and Project Manager before the conditions are disturbed and WITHIN FORTY-EIGHT HOURS AFTER FIRST OBSERVANCE OF THE CONDITIONS. 3.2.2 Contractor represents that it has physically inspected the site, is familiar with all site conditions and has had the opportunity to conduct all investigations it desires relating to site conditions. Accordingly, if Contractor encounters any differing site conditions, including but not limited to, subsurface rock, subsurface water, subsurface contamination, subsurface artifacts of historical significance or unsuitable soils, it shall bear the cost of removal, remediation, and/or added site preparation costs caused by such differing site conditions. Differing site conditions shall not entitle contractor to any increase in the contract price or time both of which are expressly waived by the Contractor. 24 3.2.3 It is understood and agreed that the Contractor has considered in his proposal all of the permanent and temporary utility appurtenances in their present location or relocated positions as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. 3.2.4 Contractor agrees to perform and construct all work depicted on or listed in the drawings and specifications including all work customarily associated therewith or which is necessary for the proper construction, installation and/or safe operation of the Work during and after construction. Contractor agrees that its price includes all work needed even where not specifically shown on the drawings or contained in the specifications but which is reasonably inferable there from or should be installed as part of good industry practice. 3.3 Interpretation of Unit Price Estimates The quantities of Work to be performed and materials to be furnished to complete the Work as shown in the Contract Documents are approximate and are to be used for comparing proposals. Payment to the Contractor will be made only for the actual quantities of Work performed in accordance with the Contract Documents. If, when construction is completed, the actual quantities are more or less than the quantities given in the Proposal Schedule, the unit prices as submitted in the proposal will prevail. 3.4 Supervision And Construction Procedures 3.4.1 The Contractor shall preserve and have accessible on the job site at all times at least one (1) copy of the Plans, the Specifications, and any addenda thereto. 3.4.2 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 3.4.3 The Contractor shall plan, coordinate, and prosecute the work so that disruption to personal property and business is held to a practical minimum. He shall not open up work to the prejudice of work already started, and the Project Manager may require the Contractor to finish a section on which the work is in progress before work is started on any additional section. • The Contractor shall notify each affected property owner, in writing, that their mailbox is in conflict with the proposed construction and that they have ten days to relocate the box and that, after the expiration of the ten days notice, if the owner has not relocated the box, it shall be removed by the Contractor and laid upon the owner's property, clear of the Right-of-Way. Any cost to the Contractor for removing the mailboxes as stated above shall be included in the price bid for other items. 3.4.5 The Contractor shall take all necessary measures throughout the life of the Work to control soil erosion on the site to prevent the transport, by water or wind, of sediment from the site, and to prevent the siltation of rivers, streams, and impoundments (lakes, ponds, reservoirs, etc.). Construction of drainage facilities and other Work, which will facilitate erosion and sediment control, shall be carried out in conjunction with clearing and grubbing and other initial earthwork operations. 3.4.6 All construction areas abutting lawns and yards or residential or commercial property shall be restored promptly. Finishing, dressing, and grassing shall be accomplished immediately after backfilling as a continuous operation within each area being constructed. Emphasis shall be placed on completing each individual yard or business frontage. Care shall be taken to provide positive drainage to avoid ponding or concentration of runoff. 3.4.7 The Contractor shall have at all times as his agent on the site of the Work a competent superintendent capable of reading and thoroughly understanding the Plans and Specifications. The Superintendent shall have full authority to supply promptly such materials, tools, plant equipment, and labor as may be required. All communications given to the Superintendent shall be as binding as if given to the Contractor. 25 Key supervisory personnel assigned by the Contractor to this Project are as follows: Name Function _______________________________ ____________________________________ _______________________________ ____________________________________ _______________________________ ____________________________________ _______________________________ ____________________________________ So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing, such agreement not to be unreasonably withheld. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Paragraph as though such individuals had been listed above. If requested by the Owner in writing, the Contractor shall remove from the Project any employee or other person performing Work if the Owner reasonably determines that such employee or person is unfit or is not skilled in the tasks assigned to them. 3.4.8 The Contractor, as soon as practicable after award of the contract, shall furnish in writing to the Owner through the Project Manager the names of subcontractors or suppliers for each portion of the Work. The Contractor shall incorporate in each subcontract all provisions, terms, and conditions applicable to the Work which constitute obligations to be assumed and effected by him under the Contract Documents. The Project Manager will promptly reply to the Contractor in writing if the Owner or the Project Manager, after due investigation, has reasonable objection to the subcontractors or suppliers listed. 3.4.9 The Contractor, with ten (10) days of commencing the Work, shall submit to the Owner and the Project Manager for their information, the Contractor’s schedule for completing the Work. Additionally, within fifteen (15) days of commencing the Work, the Contractor shall submit to the Owner and the Project Manager a separate shop drawing and submittal schedule detailing the schedule for the submission to the Project Manager of all shop drawings, submittals, product data and other similar documents. Each of the schedules required herein shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time-to-time and shall be related to the entire Project. Each such revision shall be furnished to the Owner and the Project Manager. The schedules, and all revisions, shall be in such form, and shall contain such detail, as the Owner or the Project Manager may require. THE PARTIES SPECIFICALLY AGREE THAT ANY FLOAT CONTAINED IN THE SCHEDULES SHALL BELONG TO THE PROJECT AND IN NO EVENT SHALL THE CONTRACTOR MAKE CLAIM FOR ANY ALLEGED DELAY, ACCELERATION, OR EARLY COMPLETION SO LONG AS THE PROJECT IS COMPLETED WITHIN THE CONTRACT TIME. Strict compliance with the requirements of this Paragraph is a condition precedent for payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract. 3.5 Labor And Materials Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. In the event that the Project Manager shall notify the Contractor in writing that any person employed is, in the opinion of the Project Manger, incompetent or disorderly, or uses threatening or abusive language, or is otherwise unsatisfactory, such person shall be discharged at once and shall not be employed thereafter on the Work. 3.5.2 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. Portions of the site, approved by the Project Manager, may be used for material storage or staging purposes. Private property shall not be used for storage or staging purposes without written permission of the owner or lessee. The Contractor at his expense shall restore all storage sites to their original condition. The Owner shall retain ownership of any materials or equipment, if furnished, which are not incorporated in the Work, and the 26 Contractor, at his own expense, shall load such materials or equipment at the work site, transport them to the Owner's storage yard as directed by the Project Manager, and shall unload and leave them neatly stored in a workmanlike manner. 3.6 Warranty 3.6.1 The Contractor will be responsible for the good condition of the Work and materials until formal release from his obligations under the terms of the Contract Documents. He will bear all losses resulting to him on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated, or on account of the weather or the elements. 3.6.2 The Contractor warrants to the Owner that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. 3.7 Taxes The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. 3.8 Permits, Fees And Notices 3.8.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. • The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without notice to the Project Manager and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Project Manager in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules, and regulations. 3.9 Submittals The Contractor shall promptly review, approve in writing and submit to the Project Manager and Design Consultant Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. 3.10 Use Of Site The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the State Department of Health and other authorities having jurisdiction, and shall permit no public nuisance. 3.11 Cutting And Patching The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.12 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 27 3.13 Appeal Of Project Manager's Decisions If the Contractor considers any work demanded of him to be outside the requirements of this Contract, or if he considers any decision or ruling of the Project Manager to be unfair, he shall immediately ask for written instructions or decision, and he shall proceed without delay to perform the work or conform to the decision or ruling. Unless the Contractor finds such instructions or decision to be satisfactory, he shall within ten days after the receipt thereof, file a written protest with the Owner stating clearly and in detail his objections and the reasons therefor. The Owner’s decision shall be final. Unless the Contractor shall file such written protest with the Owner within such ten day period, he shall be deemed to have waived all grounds for such protest and to have accepted the requirements, decision, or ruling of the Project Manager as just and reasonable and as being within the scope of the Contractor's obligations under the Contract Documents. 3.14 Indemnification Of Owner 3.14.1 To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, and Owner’s officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act or omission of Contractor or Contractor’s officers, directors, partners, employees, or Consultants. 3.14.2 The Contractor agrees to defend against any claims brought or action filed against the Owner or its officers, agents, and employees in connection with the subject of the indemnities contained herein. 3.14.3 The Owner may retain from money otherwise payable under the Contract such amount as it may determine to be required to pay the expenses and damages arising from any of said causes, or in case no money is due, the Contractor's Performance Bond and/or Payment Bond and/or letter of credit shall be held until such suits, action or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner. hereunder. 3.15 INSURANCE Contractor shall purchase and maintain general liability and other insurance in accordance with the supplementary requirements and to cause Owner’s Project Manager and Owner to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the project. Contractor shall maintain said insurance at the coverage required from the date of the notice to proceed through the last day of the warranty period of one year. Contractor shall maintain limits no less than: A. General Liability $2,000,000 General Liability with a combined single limit per occurrence of $1,000,000, for bodily injury, personal injury, and property damage. B. Automobile Liability $1,000,000 Automobile Liability combined single limit per accident, for bodily injury and property damage, when applicable. 28 C. Workers' Compensation and Employers' Liability $100,000 Employers' Liability limit per accident and Worker's Compensation limits as required by the Labor Code of the State of Georgia. 3.15.1 DEDUCTIBLES AND SELF-INSURED RETENTION Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. 3.15.2 OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: A. General Liability and Automobile Coverage 1. The Owner, its officers, officials, employees, Project Manager, and Design Consultant, and volunteers are to be named and covered as additional insured as respects liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the contractor. The Contractor’s insurance shall be primary to any insurance maintained by the Owner. The coverage shall contain no special limitation on the scope of protection afforded to the Owner, its officers, officials, employees, or volunteers. Nothing in this paragraph shall be construed to require the Contractor to provide liability insurance coverage to the Owner for claims asserted against the Owner for its sole negligence. 2. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Owner, its officers, officials, employees, or volunteers. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. B. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Owner, its officers, officials, employees, and volunteers for losses arising from work performed by the Contractor for the Owner. C. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Owner. 3.15.3 ACCEPTABILITY Insurance is to be placed with insurers with a Best's rating of no less than A, or acceptable to the Owner. 3.15.4 VERIFICATION OF COVERAGE Contractor shall furnish the Owner with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 29 The certificates and endorsements are to be received and approved by the Owner before work commences. The Owner reserves the right to require complete, certified copies of all required insurance policies at any time. 3.15.5 SUBCONTRACTORS Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. ARTICLE 4 PROJECT MANAGER 4.1 Administration Of The Contract The Project Manager will provide administration of the Contract as described in the Contract Documents. 4.2 Access To The Work The Project Manager will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. He is to have free access to the Work at all times for laying out, measuring and inspecting the same. He shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. 4.3 Limits Of Responsibility The Project Manager will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility. The Project Manager will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 4.4 Authority To Certify The Work The Project Manager shall determine the amount, quality, fitness and acceptability of the Work, and he will review the Contractor's Applications for Payment and certify the amounts due the Contractor. 4.5 Authority To Reject The Work The Project Manager will have authority to reject Work that does not conform to the Contract Documents. 4.6 Responsibilities Regarding Submittals The Project Manager will promptly review and approve or take appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 4.7 Authority To Settle Differences Of Opinion The Project Manager shall decide finally and conclusively all questions and differences of opinion that may arise as to the interpretation of the Contract Documents or the fulfillment of the terms of the Contract. Such decision shall be rendered promptly upon receipt of written request of the Contractor. In the event of such questions or differences of opinion, the decision of the Project Manager is to be a condition precedent to the Contractor's right to receive any money for the work or the materials to which the question or difference of opinion relates. 30 ARTICLE 5 CHANGES IN THE WORK 5.1 General Provisions After execution of the Contract, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. The Project Manager, without invalidating the Contract, may request proposals for changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, however the Heard County BOC shall ultimately approve or deny any formal modifications to the Contract Sum and/or the Contract Time. 5.2 Definition Of Change Order A Change Order shall be a written order to the Contractor signed by the Project Manager to recommend to the Heard County Board of Commission to change the Work, Contract Sum or Contract Time. 5.3 Minor Changes The Project Manager will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be written field orders and shall be binding on the Owner and Contractor. The Contractor shall carry out such written field orders promptly. 5.4 Changes Due To Unforeseen Field Conditions It is mutually agreed that, due to latent field conditions, which cannot be foreseen at the time of advertising for bids, adjustment of the Plans to such field conditions will be necessary during construction. Such changes in the Plans shall be recognized as constituting a normal and expected margin of adjustment. Changes involving any major item in an amount not more than fifty percent of the quantities listed in the Bid will result in payment for revised quantities at the unit price in the Bid. A major item is construed to be any item of the Contract, which amounts to at least ten (10) percent of the total Contract price. Changes involving any minor item in an increased amount not more than 200 percent of the quantities listed in the Bid will result in payment for the revised quantities at the unit price in the Bid. A minor item is construed to be any item of the Contract, which amounts to less than ten (10) percent of the total Contract price. 5.5 Authority To Perform Unforeseen Work The Contractor shall perform unforeseen work, for which there is no price included in the Bid, wherever it is considered necessary or desirable by the Project Manager to complete satisfactorily the Work as contemplated. Such extra work shall be performed promptly in accordance with the Specifications and as directed by the Project Manager provided, however, before any extra work is begun, a written proposal shall be submitted to the Project Manager and approved by the Owner prior to the commencement of said extra work. No extra work will be paid for unless ordered in writing and approved prior to the commencement. 5.6 Determination Of Changes In The Contract Sum The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: 5.6.1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 5.6.2 by unit prices stated in the Contract Documents or subsequently agreed upon; 31 5.6.3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 5.6.4 If none of the above methods is agreed upon, the Contractor shall promptly proceed with the work involved. The cost of such work shall then be determined by the Project Manager on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change. In the case of an increase in the Contract Sum, a reasonable allowance for overhead and profit shall be included. The Contractor shall keep and present an itemized accounting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; bond premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel directly attributable to the change. Pending final determination of cost to the Owner, payments on account shall be made on the Project Manager's Certificate for Payment. The amount of credit to be allowed by the Contractor to the Owner for any change that results in a decrease in the Contract Sum will be the amount of the actual net decrease as confirmed by the Project Manager. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 5.6.5 In connection with any claim by the Contractor against the Owner for completion in excess of the Contract Price, any liability of the Owner shall be strictly limited to direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor including but not limited to, loss of business opportunity; loss of bonding capacity; loss of use; loss of productivity; home office overhead; or other similar consequential losses or damages. The Owner shall not be liable to the Contractor for claims of third parties, including Subcontractors, unless and until liability of the Contractor has been established therefore in a court of competent jurisdiction. 5.7 Claims For Payment All Contractor claims shall be initiated by written notice and claim to the Owner and the Project Manager. Such written notice and claim must be furnished within seven (7) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim. Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. The resolution of any claim under this Paragraph shall be reflected by a Change Order executed by the Owner, the Project Manager and the Contractor. 5.7.1 The written notice required hereinabove shall set forth in detail all known facts in support of such Claim and shall cite any applicable provisions of the Contract Documents. Such written notice shall also set forth with specificity all amounts being claimed. Upon discovering an event or condition forming the basis of a Claim for an increase in the Contract Sum or an extension of the Contract Time, the Contractor shall, until the Claim is resolved, commence to maintain separate records evidencing all costs and delays incurred in connection with the event or condition forming the basis of the Claim. The Contractor no later than thirty (30) days after the date of submission of the written notice of Claim, shall submit a formal written Claim which shall include at least the following information (1) a concise statement of the occurrence(s) supporting the Claim, dispute or other matter, and the relief sought; (2) identification of the facts giving rise to the Claim, dispute or other matter; (3) the date the Contractor discovered the occurrence(s); (4) a detailed schedule identifying all costs resulting from the Claim, dispute or other matter; (5) documentation supporting the schedule; (6) identification of any impact the Claim, dispute or other matter has on the critical path schedule; and (7) all correspondence, internal memoranda, progress notes, and other documentation relating to the events which form the basis of the Claim, dispute or other matter. The formal Claim shall be verified under oath as to its truthfulness by an officer of the Contractor. The failure to provide a Claim as set forth herein, or the failure to provide such other documents or information requested by the Owner within ten (10) days after written request, shall constitute a waiver of any Claim for additional compensation or time extension related thereto. 32 5.7.2 In any event any claim is not resolved by agreement between the parties, it is agreed that the dispute shall be subject to litigation in the Superior Court of Heard County and said Court shall have exclusive venue and jurisdiction over the suit and the parties. 5.8 Owner's Right To Cancel The Owner shall have the right to cancel those portions of the Contract relating to the construction of any item provided for therein. Such cancellation shall entitle the Contractor to payment of a fair and equitable amount covering all items of cost incurred by him prior to the date of cancellation or suspension of the work by order of the Project Manager. 5.9 Owner's Obligation To Purchase Materials Owner shall have the right, but not the obligation, to purchase acceptable materials ordered by the Contractor or delivered to the Work prior to the date of such cancellation or suspension at actual cost and shall thereupon become the property of the Owner. ARTICLE 6 TIME 6.1 Limits Time limits stated in the Contract Documents are of the essence of the Contract. 6.2 Contractor's Obligations The Contractor shall begin the Work with an adequate force and sufficient equipment and facilities on the date stated in the written notice issued and served upon him by the Project Manager. Thereafter the Contractor shall prosecute the work diligently, without any avoidable interruption, and at such rate and with such complement of labor, materials, and equipment as will complete the project within the time stated in the Contract. 6.3 Claims For Extension The contract time may be extended upon written notice and claim of the Contractor to the Owner and the Project Manager. It is, however, expressly agreed that the time for completion as stated in the Contract Documents includes due allowance for calendar days on which work cannot be performed out-of-doors. For purposes of this Contract, and for purposes of extensions of contract time, the Contractor agrees that it anticipates adverse weather sufficient to prevent work in accordance with the schedule set forth herein below, and the Contractor further agrees that unless it encounters actual adverse weather in excess of those days set forth herein below, it shall not make, nor shall it be entitled to, any extension of the contract time: January – 11 days May – 9 days September – 8 days February – 10 days June – 10 days October – 6 days March – 10 days July – 12 days November – 7 days April – 7 days August – 11 days December – 9 days The Contractor agrees that it shall provide written notice to the Owner and the Project Manager on the day of any adverse weather not anticipated and for which a request for a time extension has been, or will be, made. Said notice shall state with particularity a description of the adverse weather as well as a description of the nature and extent of any delay caused by such weather. Receipt of this notice by the Owner and the Project Manager is a condition precedent to the submission of any claim for an extension of time. Furthermore, the Contractor shall submit a written claim for extension of time within seven (7) days after the occurrence of the adverse weather and such claim shall be supported by such documentation including, but not limited to, official weather reports, as the Owner or the Project Manager may require. To the extent that any of the terms and conditions set forth in this 33 paragraph are in conflict with any of the terms and conditions of this Agreement, the terms and conditions of this paragraph shall govern and control. 6.3.1 The Contractor accepts the risk that the progress of its work may be delayed, disrupted, interfered with, caused or proceed inefficiently or made more costly for any reason, including where delays are caused by design professionals, the Owner or those for whom the Owner is responsible. Contractor agrees that in the event the progress of its work is delayed, disrupted, interfered with, caused to proceed inefficiently or made more costly for reasons outside of Contractor’s control, as its sole and exclusive remedy, it shall be entitled to an extension of time equal to the length of the period of delay but in no event shall be entitled to additional money or monetary damages. For purposes of this paragraph, all work performed by Contractor or its subcontractors, suppliers, materialmen and laborers are within the Contractor’s control. If Contractor’s work is delayed, disrupted, interfered with, caused to proceed inefficiently or made more costly for reasons within Contractor’s control, then Contractor shall not be entitled to an extension of time and shall at its sole cost and expense accelerate performance as necessary to perform the work within the time required hereto. Contractor waives and releases all claims for delays, disruption, interference or inefficiency 6.3.2 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor’s agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. ARTICLE 7 PAYMENTS AND COMPLETION 7.1 Contract Sum The Contract Sum as enumerated by unit prices stated in the Contract, plus authorized adjustments, is the total amount payable by the Owner to The Contractor for performance of the Work under the Contract Documents. 7.2 Applications For Payment 7.2.1 Within ten (10) calendar days of the effective date of this Agreement, the Contractor shall submit to the Owner and to the Project Manager a Schedule of Values allocating the Contract Sum to the various portions of the Work. The Contractor’s Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Project Manager or the Owner may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis for the Contractor’s Applications for Payment and shall only constitute such basis after it has been acknowledged in writing by the Project Manager and the Owner. 7.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates of Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. 7.3 Certificates For Payment The Project Manager will, after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Project Manager determines is properly due, or notify the Contractor and Owner in writing of the Project Manager's reasons for withholding certification in whole or in part. 34 7.4 Progress Payments 7.4.1 After the Project Manager has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. The Owner shall then have the right to enter upon and put into proper service any or all parts of the Work, which may be in condition for use. No claim or charge is to be made by the Contractor for such use. 7.4.2 Owner as to each progress payment made to Contractor, may retain a maximum of ten (10%) of each progress payment; provided, however, when fifty (50%) percent of the contract value including change orders and other additions to the contract value provided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the Owner’s authorized contract representative, the Owner shall withhold no more retainage. At the discretion of the Owner and with the approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the owner’s authorized contract representative determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by an Owner, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the Owner’s authorized contract representative determines the work to be reasonably satisfactory, the Owner shall, within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the Owner’s authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten days from the Contractor’s receipt of retainage from the Owner, pass through payments to subcontractor’s and shall reduce each subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner; provided, however, that the value of each subcontractor’s work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten days from the subcontractor’s receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor’s retainage in the same manner as the subcontractor’s retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor’s work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. 7.4.3 Neither the Owner nor the Project Manager shall have responsibility for the payment of money to a Subcontractor or material supplier. 7.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 7.4.5 Notwithstanding anything to the contrary contained herein, the Owner may, as its option, withhold making any payment and shall not be obligated to make any payment to the Contractor hereunder if one or more of the following conditions exist: 35 1. Contractor has failed to perform any of its obligations hereunder or otherwise, or is otherwise in default under any of the Contract Documents including but not limited to the Supplementary Requirements; 2. Any part of such payment is attributable to Work which is defective or not performed in accordance with the Contract Documents; provided, however, that such payment, subject to other provisions of these Contract Documents, shall be made as to the part thereof attributable to the Work which is performed in accordance with the Contract Documents and is not defective; 3. Contractor has failed to make payment promptly to the Contractor’s Subcontractors or for materials or labor used in the Work; or, 4. If Owner determines in good faith that the portion of the Contract Sum then remaining unpaid will not be sufficient to complete the Work in accordance with the Contract Documents whereupon, at the Owner’s sole discretion, no additional payments need be made to the Contractor nor, at the Owner’s sole discretion, shall such payments be due the Contractor hereunder, unless and until the Contractor at its sole cost, performs a sufficient additional portion of the Work so that thereafter such portion of the Contract Sum then remaining unpaid is in the good faith judgment of the Owner, sufficient to complete the Work in accordance with the Contract Documents. 7.5 Substantial Completion 7.5.1 Substantial Completion means that state in the progression of the Work, as approved by the Owner in writing, when the Project is sufficiently complete in accordance with the Contract Documents that the Owner can enjoy beneficial use or occupancy of the entire Project and can utilize it for all of its intended purposes. A condition precedent to Substantial Completion is the receipt by the Owner of all necessary certificates of occupancy or other authorizations for the use and occupancy of the Project when such part, phase or system is substantially completed, but such partial use or occupancy of the Project shall not result in the Project being deemed Substantially Complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 7.5.2 When the Contractor considers that the Work, or designated portion thereof, is substantially complete, the Contractor shall prepare and submit to the Project Manager a list of items to be completed or corrected. When the Project Manager determines that the Work is substantially complete, he shall prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish the responsibilities of the Owner and the Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. 7.6 Final Completion, Inspection, And Final Payment During the entire construction operation, the Contractor shall maintain records of all deviations from the Plans and Specifications and shall prepare there from record drawings showing correctly and accurately all changes and deviations made during construction and showing completely the Work as it was actually constructed. These drawings shall conform to recognized standards of drafting, shall be neat, legible, and on mylar or other approved reproducible material. 7.6.1 As construction of the project enters the final stages of completion (greater than 90% complete), the Contractor shall, in accordance with the requirements set forth in the Contract Documents, attend to or have already completed the following items: Required testing of project components; Warranties required by the Contract Documents shall commence on the date of Final Completion of the Work or designated portion thereof unless otherwise provided in the Contract. Correcting or replacing defective work, including completion of items previously overlooked or work which remains incomplete, all as evidenced by the Project Manager's "Punch Lists"; 36 Attend to any other items listed herein or brought to the Contractor's attention by the Project Manager. 7.6.2 Before the Final Acceptance of the Project, the Contractor shall accomplish the cleaning and final adjustments of the various components as specified in the Specifications. 7.6.3 Before the Final Acceptance of the Project, the Contractor shall submit to the Project Manager certain records, certifications, etc., which are specified elsewhere in these Contract Documents. Missing, incomplete, or unacceptable items, as determined by the Project Manager or Owner, shall constitute grounds for withholding Final Payment to the Contractor. 7.6.4 Final Completion And Punch List 7.6.4.1 Final cleaning and repairing shall be scheduled upon completion of the project. 7.6.4.2 The Project Manager will make his final inspection upon receipt of a Final Application for Payment. Any work not found acceptable and requiring cleaning, repairs and/or replacement will be noted on the "Punch List." The Contractor until final acceptance of the entire project shall maintain Work that has been inspected and accepted by the Project Manager. 7.6.4.3 Whenever the Contractor has completed the items on the "Punch List," he shall again notify the Project Manager that he is ready for final inspection. This procedure will continue until the Project Manager accepts the entire project. The "Final Payment" will not be processed until the Project Manager has accepted the entire project and all of the requirements of the Contract Documents have been satisfied. 7.6.5 Final payment shall not become due until the Contractor submits to the Project Manager releases and waivers of liens and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract. 7.6.6 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall furnish, install, and maintain all necessary and required barricades, signs, and other traffic control devices in accordance with the Contract Documents and the MUTCD, and take all necessary precautions for the protection of the work and the safety of the public. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 9 CORRECTION OF WORK 9.1 Contractor's Obligations The Contractor shall promptly correct Work rejected by the Project Manager as failing to conform to the requirements of the Contract Documents. This includes Work done contrary to the instructions of the Project Manager, Work done beyond the lines shown on the Plans, or any extra Work not authorized by the Project Manager. The Contractor shall bear the cost of correcting such rejected Work. 37 9.2 Warranty In addition to the Contractor's other obligations, including warranties under the Contract, the Contractor shall, for a period of one year after Final Completion, correct work not conforming to the requirements of the Contract Documents. 9.3 Reasonable Time If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it and the Contractor shall reimburse the Owner for the cost of correction. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 Assignment Of Contract The Contractor without the written consent of the Owner thereof, shall make no assignment of the Contract, or of any part. 10.2 Tests And Inspections 10.2.1 Tests, inspections and approvals of portions of the Work required by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. The Contractor shall bear all costs relating to such tests, inspections and approvals. 10.2.2 Tests and inspections required by the Contract Documents or the Project Manager shall be made at an appropriate time. The owner shall bear the cost of such tests and inspections except those that show any portion of the Work to be defective. 10.3 Use Of Explosives No b...