Invitation to Bid #2314-B: FCWS – Trilith Studios Elevated Water Storage Tank

Purchasing Department FAYETTE 140 Stonewall Avenue West, Ste 204 Fayetteville, GA 30214 Phone: 770-305-5420 Create Your Story! www. fayettecountyga.gov September 13, 2023 Subject: Invitation to Bid ITB # 2314-B: FCWS Trilith Studios Elevated Water Storage Tank Gentlemen/Ladies: Fayette County, Georgia invites you to submit a bid for construction of a new metal elevated water storage tank at the Trilith Studios property. You are invited to submit a bid in accordance with the information contained herein. Amandatory pre-bid virtual conference will be held at 10:00 a.m., Thursday, September 28, 2023, at 140 Stonewall Avenue West, Suite 100, Fayetteville, GA 30214. Companies wishing to attend virtually may email Natasha Duggan at nduggan@fayettecountyga.gov for a link to the Teams Meeting. Copmanies that attend either virtually or in-person will be invited to submit bids. Questions concerning this invitation to bid should be

addressed to Natasha M. Duggan in writing via email to nduggan@fayettecountyga.gov or fax to (770) 719-5534. Questions will be accepted until 4:30 p.m., Friday, September 29, 2023. Purchasing Department office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. The office telephone number is (770) 305-5420. Please return your response to the following address: Fayette County Purchasing Department 140 Stonewall Avenue West, Suite 204 Fayetteville, Georgia 30214 Bid Number: ITB #2314-B Bid Name: FCWS - Trilith Studios Elevated Water Storage Tank Your envelope must be sealed and should show your company's name and address. Bids will be received at the above address until 3:00 p.m., Thursday, October 12, 2023 in the Purchasing Department, Suite 204. Bids will be opened at that time. Bids must be signed to be considered. Late bids cannot be considered. Faxed bids or emailed bids cannot be considered. If you download this invitation to bid from the Countys web site, it will be your responsibility to check the web site for any addenda that might be issued for this solicitation. The County cannot be responsible for a vendor not receiving information provided in any addendum. Thank you far-participating in the solicitation process. incerely, CS Ted L. Bur; Director of Purchasing CONTRACT DOCUMENTS FOR CONSTRUCTION OF ITB # 2314-B FCWS TRILITH STUDIOS ELEVATED WATER STORAGE TANK Issued for Bid September 2023 Prepared For: Prepared By: Fayette County Water System 245 McDonough Rd., Fayetteville, GA 30214 (770) 461-8666 Arcadis U.S., Inc. 2839 Paces Ferry Road Suite 900 Atlanta, GA 30339 (770) 431-8666 FAYETTE Wide Design Professional Seals Fayette County Water System 00 01 07 - 1 Trilith Studios Elevated Water Storage Tank 00 01 07 DESIGN PROFESSIONAL SEALS Michael Diaz, PE Specification Sections Sealed Division 00 Bidding and Contracting Requirements Arcadis U.S. Inc. Travis Thomas, PE Specification Sections Sealed Division 01 General Requirements Division 02 Site Construction Division 31 Earthwork 31 20 00 Earth Moving 31 23 16.26 Rock Removal Division 33 Utilities Arcadis U.S. Inc. Carlos Gallo, PE, SE Specification Sections Sealed Division 05 Metals 05 05 33 Anchor Systems Division 31 Earthwork 31 63 16 Auger Cast Grout Piles Arcadis U.S. Inc. Design Professional Seals Fayette County Water System 00 01 07 - 2 Trilith Studios Elevated Water Storage Tank Hamilton Giles, PE Specification Sections Sealed Division 40 Process Integration Division 43 Process Gas and Liquid Handling, Purification, and Storage Equipment Arcadis U.S. Inc. END OF SECTION 00 01 07 Table of Contents Fayette County Water System 00 01 10 - 1 Trilith Studios Elevated Water Storage Tank SECTION 00 01 10 TABLE OF CONTENTS Section Title Division 00 00 00 00 Invitation to Bid 00 01 01 Project Cover Sheet 00 01 07 Design Professional Seals 00 01 10 Table of Contents 00 11 13 Required Documents 00 21 13 Instructions to Bidders 00 41 13 Bid Form 00 43 13 Bid Bond 00 45 13 Qualifications Statement 00 52 13 Agreement 00 52 14 Additional Terms and Conditions 00 61 13 Performance Bond 00 61 16 Payment Bond 00 72 13 General Conditions 00 73 01 Supplementary Conditions Division 01 General Requirements 01 11 13 Summary of Work 01 13 13 Milestones 01 21 00 Allowances 01 22 13 Measurement and Payment 01 25 00 Substitution Procedures 01 26 00 Contract Modification Procedures 01 29 73 Schedule of Values 01 29 76 Progress Payment Procedures 01 31 13 Project Coordination 01 31 18 Pre-construction Conference 01 31 19 Progress Meetings 01 31 26 Electronic Communication Protocols 01 32 16 Progress Schedule 01 32 33 Photographic Documentation 01 33 00 Submittal Procedures 01 35 23 Safety Requirements 01 41 24 Permit Requirements 01 41 27 Earthmoving Permit and Dust Control 01 42 00 References 01 43 00 Quality Assurance 01 45 29 Testing Laboratory Services Table of Contents Fayette County Water System 00 01 10 - 2 Trilith Studios Elevated Water Storage Tank Section Title 01 51 05 Temporary Utilities 01 52 13 Contractors Field Office and Sheds 01 55 13 Access Roads and Parking Areas 01 57 05 Temporary Controls 01 57 33 Security 01 61 00 Common Product Requirements 01 65 00 Product Delivery Requirements 01 66 00 Product Storage and Handling Requirements 01 71 23 Field Engineering 01 71 23 Construction Surveying 01 71 33 Protection of Work and Property 01 73 19 Installation 01 73 29 Cutting and Patching 01 74 05 Cleaning 01 74 19 Construction Waste Management and Disposal 01 75 11 Checkout and Startup Procedures 01 77 19 Closeout Requirements 01 78 23 Operations and Maintenance Data 01 78 36 Warranties 01 78 39 Project Record Documents 01 78 43 Spare Parts and Extra Materials 01 79 23 Instruction of Operations and Maintenance Personnel Division 02 Site Construction 02 41 00 Demolition Division 03 Concrete 03 00 05 Concrete Division 05 Metals 05 05 33 Anchor Systems Division 09 Finishes 09 61 53 Concrete Hardener 09 91 00 Painting Division 31 Earthwork 31 20 00 Earth Moving 31 23 16.26 Rock Removal 31 63 16 Auger Cast Grout Piles Table of Contents Fayette County Water System 00 01 10 - 3 Trilith Studios Elevated Water Storage Tank Section Title Division 33 Utilities 33 05 05 Buried Piping Installation 33 05 13 Manholes and Structures Division 40 Process Integration 40 05 19 Ductile Iron Process Pipe 40 05 31 Thermoplastic Process Pipe 40 05 53 Process Valves Division 43 Process Gas and Liquid Handling, Purification, and Storage Equipment 43 41 13 Elevated Steel Water Storage Tanks EXHIBITS Exhibit 1: Oasis Report 224927 FCWS Elevated Storage Tank Exhibit 2: Oasis Report 224927 FCWS Elevated Storage Tank Report Addendum Exhibit 3: Oasis Report 224927 FCWS Elevated Storage Tank Report Addendum #2 END OF SECTION Required Documents SECTION 01 11 13 Checklist of Required Documents (Be Sure to Return This Checklist and the Required Documents in the order listed below) ITB #2314-B: FCWS Trilith Studios Elevated Water Storage Tank Contractor Affidavit under O.C.G.A. 13-10-91(b)(1) __________ Exceptions to Specifications __________ Bid Form (Section 00 41 13)* __________ Bid Bond (Section 00 43 13)* __________ Qualifications Statement (Section 00 45 13) __________ *FAILURE TO INCLUDE THIS ITEM WILL RESULT IN DISQUALIFICATION COMPANY NAME: ______________________________________________________ Required Documents Contractor Affidavit under O.C.G.A. 13-10-91(b)(l) The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. 13-10-91 and hereby verifies its compliance with O.C.G.A. 13-10-91, attesting as follows: a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program; b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof; c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof; d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract; e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. 13-10-91(a), (b), and (c); f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. 13-10-91 to the public employer within five business days of receipt. _____________________________________________ ________________________________ Federal Work Authorization User Identification Number Date of Authorization _____________________________________________ ITB #2314-B: FCWS Trilith Studios Elevated Water Storage Tank Name of Contractor Name of Project Fayette County, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, _____, 2023 in _______________ (city), __________ (state). _____________________________________________ Signature of Authorized Officer or Agent _____________________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _____________, 2023. __________________________________________________ NOTARY PUBLIC My Commission Expires: _____________________________ Required Documents EXCEPTIONS TO SPECIFICATIONS ITB #2314-B: FCWS Trilith Studios Elevated Water Storage Tank Please list below any exceptions or clarifications to the specifications of this bid. Explain any exceptions in full. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ COMPANY NAME_______________________________________________________ 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page1 of 1 INSTRUCTIONS TO BIDDERS Fayette County, Georgia Fayetteville, Georgia FCWS - Trilith Studios Elevated Water Storage Tank TABLE OF CONTENTS Page Article 1 Defined Terms ............................................................................................................................. 1 Article 2 Bidding Documents ..................................................................................................................... 1 Article 3 Qualifications of Bidders ............................................................................................................. 2 Article 4 Pre-Bid Conference ..................................................................................................................... 3 Article 5 Site and Other Areas; Existing Site Conditions; Examination of Site; Owners Safety Program; Other Work at the Site ................................................................................................................ 3 Article 6 Bidders Representations and Certifications .............................................................................. 4 Article 7 Interpretations and Addenda ..................................................................................................... 4 Article 8 Bid Security ................................................................................................................................. 5 Article 9 Contract Times ............................................................................................................................ 5 Article 10 Substitute and Or Equal Items ............................................................................................... 5 Article 11 Subcontractors, Suppliers, and Others ..................................................................................... 6 Article 12 Preparation of Bid ..................................................................................................................... 6 Article 13 Basis of Bid ................................................................................................................................ 7 Article 14 Submittal of Bid ......................................................................................................................... 8 Article 15 Modification and Withdrawal of Bid ......................................................................................... 8 Article 16 Opening of Bids ......................................................................................................................... 8 Article 17 Bids to Remain Subject to Acceptance ..................................................................................... 8 Article 18 Evaluation of Bids and Award of Contract ................................................................................ 9 Article 19 Bonds and Insurance ................................................................................................................. 9 Article 20 Signing of Agreement ................................................................................................................ 9 Article 21 Statutory and Funding-Financing Requirements (NOT USED) ................................................ 10 Article 22 Sales and Use Taxes ................................................................................................................ 10 Article 23 Contracts to Be Assigned (NOT USED) .................................................................................... 10 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 10 ARTICLE 1DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing OfficeThe office from which the Bidding Documents are to be issued, and which registers plan holders. ARTICLE 2BIDDING DOCUMENTS 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidders responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. 2.03 Owner has established a Bidding Documents Website as indicated in the Invitation to Bid. Owner recommends that Bidder obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Addenda issued by Owner will be posted in the Website. 2.04 Electronic Documents A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified. 1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractors means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies. B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 10 responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidders reliance upon such derived information. C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats. 1. Electronic Documents that are available in native file format include: a. Specifications and Drawings 2. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document. 3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractors specific purposes. 4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format. ARTICLE 3QUALIFICATIONS OF BIDDERS 3.01 Bidder is to submit the following information with its Bid to demonstrate Bidders qualifications to perform the Work: (Complete the Qualifications Statement included in the Bidding Documents.) A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. Bidders state or other contractor license number, if applicable. D. Subcontractor and Supplier qualification information. E. Other required information regarding qualifications. 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 10 3.02 A Bidders failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidders qualifications. ARTICLE 4PRE-BID CONFERENCE 4.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidders responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be posted to the Owners website.. 4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum. ARTICLE 5SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNERS SAFETY PROGRAM; OTHER WORK AT THE SITE 5.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 5.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site: a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data. b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data. c. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 10 Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. 5.03 Owners Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions. 5.04 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 6BIDDERS REPRESENTATIONS AND CERTIFICATIONS 6.01 Express Representations and Certifications in Bid Form, Agreement A. The Bid Form that each Bidder will submit contains express representations regarding the Bidders examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. ARTICLE 7INTERPRETATIONS AND ADDENDA 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. 7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing to the Owner as indicated in the Invitation to Bid Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received after question due date may not be answered. 7.03 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 10 Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents. ARTICLE 8BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% percent of Bidders maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owners damages in the case of a damages-form bond. Such forfeiture will be Owners exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening. ARTICLE 9CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement. 9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 10SUBSTITUTE AND OR EQUAL ITEMS 10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those or-equal or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an or-equal or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineers decision of approval or disapproval of a proposed item will be final. If Engineer approves any such 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 10 proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner. 10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of or-equal or substitution requests are made at Bidders sole risk. ARTICLE 11SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening: A. Civil Site 11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidders Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions. ARTICLE 12PREPARATION OF BID 12.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form must be completed by typing or printing with ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words No Bid or Not Applicable. 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 10 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8 inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid. 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown. 12.06 A Bid by an individual must show the Bidders name and official address. 12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown. 12.08 All names must be printed in ink below the signatures. 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. 12.11 The Bid must contain evidence of Bidders authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid. 12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidders licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidders state contractor license number, if any, must also be shown on the Bid Form. ARTICLE 13BASIS OF BID 13.01 Lump Sum A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form. 13.02 Allowances A. For Cash and Contingency Allowances, the Bid Price must include the amount established by the Owner on the Bid Form 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 10 ARTICLE 14SUBMITTAL OF BID 14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form. 14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation BID ENCLOSED. A mailed Bid must be addressed to the location designated in the Advertisement. 14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 15MODIFICATION AND WITHDRAWAL OF BID 15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids. 15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. ARTICLE 16OPENING OF BIDS 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 17BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 10 ARTICLE 18EVALUATION OF BIDS AND AWARD OF CONTRACT 18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work. 18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. 18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive. 18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. 18.05 Evaluation of Bids A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 19BONDS AND INSURANCE 19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owners requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation. 19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process. ARTICLE 20SIGNING OF AGREEMENT 20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful 00 21 13, Instructions to Bidders EJCDC C-200, Instructions to Bidders for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 10 Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 21STATUTORY AND FUNDING-FINANCING REQUIREMENTS (NOT USED) ARTICLE 22SALES AND USE TAXES 22.01 Owner is exempt from Georgia state sales and use taxes (O.C.G.A. 48-8-3) on materials and equipment to be incorporated in the Work. (Exemption Documentation ST-5). Said taxes must be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information. ARTICLE 23CONTRACTS TO BE ASSIGNED (NOT USED) 00 41 13, Bid Form EJCDC C-410, Bid Form for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 5 Fayette County, Georgia Fayetteville, Georgia FCWS Trilith Studios Elevated Water Storage Tank Invitation to Bid ITB#2314-B BID FORM The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1OWNER AND BIDDER 1.01 This Bid is submitted to: Fayette County Purchasing Department, 140 Stonewall Avenue West, Suite 204, Fayetteville, Georgia 30214 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2ATTACHMENTS TO THIS BID 2.01 The required documents to be submitted with and made a condition of this Bid are listed in the Checklist of Required Documents in 00 11 13 Invitation to Bid. ARTICLE 3BASIS OF BIDLUMP SUM BID AND UNIT PRICES 3.01 Lump Sum Bids A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price: 1. Lump Sum Price (Single Lump Sum) Item No. 1 400,000 Gallon Elevated Storage Tank $ B. All specified allowance(s) to be approved by County Manager are included in the price(s) set forth below. Item No. 1 Lump Sum Cash Allowance Materials Testing Laboratory $ 10,000.00 Item No. 2 Lump Sum Contingency Allowance Owner-Directed Changes $ 50,000.00 Total for all Lump Sum Contingency Allowances $ 60,000.00 00 41 13, Bid Form EJCDC C-410, Bid Form for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 5 3.02 Total Bid Price (Lump Sum and Unit Prices) Total Bid Price (Total of all Lump Sum Items) $ ARTICLE 4BASIS OF BIDCOST-PLUS FEE (NOT USED) ARTICLE 5PRICE-PLUS-TIME BID (NOT USED) ARTICLE 6TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7BIDDERS ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 7.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 7.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 7.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date ARTICLE 8BIDDERS REPRESENTATIONS AND CERTIFICATIONS 8.01 Bidders Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 00 41 13, Bid Form EJCDC C-410, Bid Form for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 5 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidders (Contractors) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 8.02 Bidders Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 00 41 13, Bid Form EJCDC C-410, Bid Form for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 5 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 00 41 13, Bid Form EJCDC C-410, Bid Form for Construction Contract. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 5 BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printed name of organization) By: (individuals signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: (individuals signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) Address for giving notices: Bidders Contact: Name: (typed or printed) Title: (typed or printed) Phone: Email: Address: Bidders Contractor License No.: (if applicable) 00 43 13, Bid Bond (Penal Sum Form) EJCDC C-430, Bid Bond (Penal Sum Form). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 BID BOND (PENAL SUM FORM) Bidder Surety Name: [Full formal name of Bidder] Name: [Full formal name of Surety] Address (principal place of business): Address (principal place of business): [Address of Bidders principal place of business] [Address of Suretys principal place of business] Owner Bid Name: [Full formal name of Owner] Project (name and location): Address (principal place of business): FCWS Trilith Studios Elevated Water Storage Tank / Trilith Water Tower Pump House, 400 Veterans Parkway, Building 13, Fayetteville, GA 30214 [Address of Owners principal place of business] Bid Due Date: October 12, 2023 Bond Penal Sum: [Amount] Date of Bond: [Date] Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Bidder Surety (Full formal name of Bidder) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. 00 43 13, Bid Bond (Penal Sum Form) EJCDC C-430, Bid Bond (Penal Sum Form). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidders and Suretys liability. Recovery of such penal sum under the terms of this Bond will be Owners sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation will be null and void if: 3.1. Owner accepts Bidders Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Suretys written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. The term Bid as used herein includes a Bid, offer, or proposal as applicable. Qualifications Statement 00 45 13, Qualifications Statement EJCDC C-451, Qualifications Statement. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 SECTION 00 45 13 QUALIFICATIONS STATEMENT ARTICLE 1GENERAL INFORMATION 1.01 Provide contact information for the Business: Legal Name of Business: Corporate Office Name: Phone number: Title: Email address: Business address of corporate office: Local Office Name: Phone number: Title: Email address: Business address of local office: 1.02 Provide information on the Businesss organizational structure: Form of Business: Sole Proprietorship Partnership Corporation Limited Liability Company Joint Venture comprised of the following companies: 1. 2. 3. Provide a separate Qualification Statement for each Joint Venturer. Date Business was formed: State in which Business was formed: Is this Business authorized to operate in the Project location? Yes No Pending 1.03 Identify all businesses that own Business in whole or in part (25% or greater), or that are wholly or partly (25% or greater) owned by Business: Name of business: Affiliation: Address: Qualifications Statement 00 45 13, Qualifications Statement EJCDC C-451, Qualifications Statement. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 Name of business: Affiliation: Address: Name of business: Affiliation: Address: 1.04 Provide information regarding the Businesss officers, partners, and limits of authority. Name: Title: Authorized to sign contracts: Yes No Limit of Authority: $ Name: Title: Authorized to sign contracts: Yes No Limit of Authority: $ Name: Title: Authorized to sign contracts: Yes No Limit of Authority: $ Name: Title: ARTICLE 2LICENSING 2.01 Provide information regarding licensure for Business: Name of License: Licensing Agency: License No: Expiration Date: Name of License: Licensing Agency: License No: Expiration Date: ARTICLE 3DIVERSE BUSINESS CERTIFICATIONS 3.01 Provide information regarding Businesss Diverse Business Certification, if any. Provide evidence of current certification. Certification Certifying Agency Certification Date Disadvantaged Business Enterprise Minority Business Enterprise Woman-Owned Business Enterprise Small Business Enterprise Disabled Business Enterprise Veteran-Owned Business Enterprise Qualifications Statement 00 45 13, Qualifications Statement EJCDC C-451, Qualifications Statement. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 Service-Disabled Veteran-Owned Business HUBZone Business (Historically Underutilized) Business Other None ARTICLE 4SAFETY 4.01 Provide information regarding Businesss safety organization and safety performance. Name of Businesss Safety Officer: Safety Certifications Certification Name Issuing Agency Expiration 4.02 Provide Workers Compensation Insurance Experience Modification Rate (EMR), Total Recordable Frequency Rate (TRFR) for incidents, and Total Number of Recorded Manhours (MH) for the last 3 years and the EMR, TRFR, and MH history for the last 3 years of any proposed Subcontractor(s) that will provide Work valued at 10% or more of the Contract Price. Provide documentation of the EMR history for Business and Subcontractor(s). Year Company EMR TRFR MH EMR TRFR MH EMR TRFR MH ARTICLE 5FINANCIAL 5.01 Provide information regarding the Businesss financial stability. Provide the most recent audited financial statement, and if such audited financial statement is not current, also provide the most current financial statement. Financial Institution: Business address: Date of Businesss most recent financial statement: Attached Date of Businesss most recent audited financial statement: Attached Financial indicators from the most recent financial statement Contractors Current Ratio (Current Assets Current Liabilities) Qualifications Statement 00 45 13, Qualifications Statement EJCDC C-451, Qualifications Statement. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 Contractors Quick Ratio ((Cash and Cash Equivalents + Accounts Receivable + Short Term Investments) Current Liabilities) ARTICLE 6SURETY INFORMATION 6.01 Provide information regarding the surety company that will issue required bonds on behalf of the Business, including but not limited to performance and payment bonds. Surety Name: Surety is a corporation organized and existing under the laws of the state of: Is surety authorized to provide surety bonds in the Project location? Yes No Is surety listed in Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies published in Department Circular 570 (as amended) by the Bureau of the Fiscal Service, U.S. Department of the Treasury? Yes No Mailing Address (principal place of business): Physical Address (principal place of business): Phone (main): Phone (claims): ARTICLE 7INSURANCE 7.01 Provide information regarding Businesss insurance company(s), including but not limited to its Commercial General Liability carrier. Provide information for each provider. Name of insurance provider, and type of policy (CLE, auto, etc.): Insurance Provider Type of Policy (Coverage Provided) Are providers licensed or authorized to issue policies in the Project location? Yes No Does provider have an A.M. Best Rating of A-VII or better? Yes No Mailing Address (principal place of business): Physical Address (principal place of business): Qualifications Statement 00 45 13, Qualifications Statement EJCDC C-451, Qualifications Statement. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 Phone (main): Phone (claims): ARTICLE 8CONSTRUCTION EXPERIENCE 8.01 Provide information that will identify the overall size and capacity of the Business. Average number of current full-time employees: Estimate of revenue for the current year: Estimate of revenue for the previous year: 8.02 Provide information regarding the Businesss previous contracting experience. Years of experience with projects like the proposed project: As a general contractor: As a joint venturer: Has Business, or a predecessor in interest, or an affiliate identified in Paragraph 1.03: Been disqualified as a bidder by any local, state, or federal agency within the last 5 years? Yes No Been barred from contracting by any local, state, or federal agency within the last 5 years? Yes No Been released from a bid in the past 5 years? Yes No Defaulted on a project or failed to complete any contract awarded to it? Yes No Refused to construct or refused to provide materials defined in the contract documents or in a change order? Yes No Been a party to any currently pending litigation or arbitration? Yes No Provide full details in a separate attachment if the response to any of these questions is Yes. 8.03 List all projects currently under contract in Schedule A and provide indicated information. 8.04 List a minimum of three and a maximum of six projects completed in the last 5 years in Schedule B and provide indicated information to demonstrate the Businesss experience with projects similar in type and cost of construction. 8.05 In Schedule C, provide information on key individuals whom Business intends to assign to the Project. Provide resumes for those individuals included in Schedule C. Key individuals include the Project Manager, Project Superintendent, Quality Manager, and Safety Manager. Resumes may be provided for Businesss key leaders as well. ARTICLE 9REQUIRED ATTACHMENTS 9.01 Provide the following information with the Statement of Qualifications: A. If Business is a Joint Venture, separate Qualifications Statements for each Joint Venturer, as required in Paragraph 1.02. Qualifications Statement 00 45 13, Qualifications Statement EJCDC C-451, Qualifications Statement. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 B. Diverse Business Certifications if required by Paragraph 3.01. C. Certification of Businesss safety performance if required by Paragraph 4.02. D. Financial statements as required by Paragraph 5.01. E. Attachments providing additional information as required by Paragraph 8.02. F. Schedule A (Current Projects) as required by Paragraph 8.03. G. Schedule B (Previous Experience with Similar Projects) as required by Paragraph 8.04. H. Schedule C (Key Individuals) and resumes for the key individuals listed, as required by Paragraph 8.05. I. Additional items as pertinent. Qualifications Statement 00 45 13, Qualifications Statement EJCDC C-451, Qualifications Statement. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 This Statement of Qualifications is offered by: Business: (typed or printed name of organization) By: (individuals signature) Name: (typed or printed) Title: (typed or printed) Date: (date signed) (If Business is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: (individuals signature) Name: (typed or printed) Title: (typed or printed) Address for giving notices: Designated Representative: Name: (typed or printed) Title: (typed or printed) Address: Phone: Email: Qualifications Statement EJCDC C-451, Qualifications StatementSchedule BPrevious Experience with Similar Projects. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 3 Schedule ACurrent Projects Name of Organization Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Qualifications Statement EJCDC C-451, Qualifications StatementSchedule BPrevious Experience with Similar Projects. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 3 Schedule BPrevious Experience with Similar Projects Name of Organization Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer onstruction Manager Qualifications Statement EJCDC C-451, Qualifications StatementSchedule BPrevious Experience with Similar Projects. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 3 Schedule BPrevious Experience with Similar Projects Name of Organization Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Qualifications Statement EJCDC C-451, Qualifications StatementSchedule CKey Individuals. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 Schedule CKey Individuals Project Manager Name of individual Years of experience as project manager Years of experience with this organization Number of similar projects as project manager Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidates role on project Candidates role on project Project Superintendent Name of individual Years of experience as project superintendent Years of experience with this organization Number of similar projects as project superintendent Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidates role on project Candidates role on project Qualifications Statement EJCDC C-451, Qualifications StatementSchedule CKey Individuals. Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 Safety Manager Name of individual Years of experience as project manager Years of experience with this organization Number of similar projects as project manager Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidates role on project Candidates role on project Quality Control Manager Name of individual Years of experience as project superintendent Years of experience with this organization Number of similar projects as project superintendent Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidates role on project Candidates role on project END OF SECTION 00 52 13, Agreement Between Owner and Contractor EJCDC C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This Agreement is by and between Fayette County, Georgia (Owner) and [name of contracting entity] (Contractor). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction and commissioning of a metal elevated storage tank at the Trilith Studios property. ARTICLE 2THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Increase water storage capacity for the Fayette County Water System. ARTICLE 3ENGINEER 3.01 The Owner has retained Arcadis U.S., Inc. (Engineer) to act as Owners representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by Engineer. ARTICLE 4CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially complete within 305 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 335 calendar days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified (e.g., rain days or other allowed days). These liquidated damages are not established as a penalty but are calculated 00 52 13, Agreement Between Owner and Contractor EJCDC C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 and agreed upon in advance by the Owner and the Contractor due to the uncertainty and difficulty of making a determination as to the actual and consequential damages which are incurred by the Owner and the general public as a result of the failure on the part of the Contractor to complete the Work on time. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive, and will not be imposed concurrently. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owners sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement. ARTICLE 5CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work and Allowances, a lump sum as indicated in the Contractors Bid Form. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item) as indicated in the Contractors Bid Form. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Total of Lump Sum Amount, Allowances, and Unit Price Work (subject to final Unit Price adjustment) $[number]. 00 52 13, Agreement Between Owner and Contractor EJCDC C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 ARTICLE 6PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of Contractors Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of the value of the Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineers estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A. All amounts not paid when due will bear interest at the rate of six (6) percent per annum. ARTICLE 7CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 00 52 13, Agreement Between Owner and Contractor EJCDC C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the project manual (copy of list attached). 6. Drawings (not attached but incorporated by reference) consisting of 23 sheets with each sheet bearing the following general title: FCWS - Trilith Studios Elevated Water Storage Tank. 7. Addenda (numbers [number] to [number], inclusive). 8. Additional Terms and Conditions. 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractors Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 00 52 13, Agreement Between Owner and Contractor EJCDC C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractors safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractors entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractors Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1. corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 00 52 13, Agreement Between Owner and Contractor EJCDC C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 3. collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or track changes (redline/strikeout), or in the Supplementary Conditions. 00 52 13, Agreement Between Owner and Contractor EJCDC C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on [indicate date on which Contract becomes effective] (which is the Effective Date of the Contract). Owner: Contractor: (typed or printed name of organization) (typed or printed name of organization) By: By: (individuals signature) (individuals signature) Date: Date: (date signed) (date signed) Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) (If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: (individuals signature) (individuals signature) Title: Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: Designated Representative: Designated Representative: Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) Address: Address: Phone: Phone: Email: Email: (If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No.: (where applicable) State: Additional Terms and Conditions Fayette County Water System 00 52 14 - 1 Trilith Studios Elevated Water Storage Tank SECTION 00 52 14 ADDITIONAL TERMS AND CONDITIONS ITB # 2314-B FCWS Trilith Studios Elevated Water Storage Tank 1. Definitions: The term contractor as used herein and elsewhere in these Terms and Conditions shall be used synonymously with the term successful bidder. The term County shall mean Fayette County, Georgia. 2. Bid is Offer to Contract: Each bid constitutes an offer to become legally bound to a contract with the County, incorporating the invitation to bid and the bidders bid. The binding offer includes compliance with all terms, conditions, special conditions, specifications, and requirements stated in the invitation to bid, except to the extent that a bidder takes written exception to such provisions. All such terms, conditions, special conditions, specifications, and requirements will form the basis of the contract. The bidder should take care to answer all questions and provide all requested information, and to note any exceptions in the bid submission. Failure to observe any of the instructions or conditions in this invitation to bid may result in rejection of the bid. 3. Binding Offer: To allow sufficient time for a contract to be awarded, each bid shall constitute a firm offer that is binding for sixty (60) days from the date of the bid opening until the date of contract award, unless the bidder takes exception to this provision in writing. 4. Bidders Questions: As appropriate, the County will post answers to questions and/or other information concerning the invitation to bid in the form of an addendum on the Countys website at www.fayettecountyga.gov. It is the responsibility of the prospective bidder to check the website for any addenda issued for this invitation to bid. 5. References: Include with your bid a list of three (3) jobs that your company has done that are of the same or similar nature to the work described in this invitation to bid on the form provided. Include all information as requested on the form. 6. Bid Submission: Submit your bid, along with any addenda issued by the County, in a sealed opaque envelope with the following information written on the outside of the envelope: a. The bidders company name, b. The bid number, which is # 2314-B, and c. The bid name, which is FCWS Trilith Studios Elevated Water Storage Tank. http://www.fayettecountyga.gov/ Additional Terms and Conditions Fayette County Water System 00 52 14 - 2 Trilith Studios Elevated Water Storage Tank Mail or deliver one (1) original bid, signed in ink by a company official authorized to make a legal and binding offer, and one (1) copy on a flash drive, to: Fayette County Government Purchasing Department 140 Stonewall Avenue West, Suite 204 Fayetteville, GA 30214 Attention: Contracts Administrator You may submit bids in person, by U.S. mail, or by a commercial carrier. Do not submit bids by facsimile, e-mail, or other electronic means. Once submitted, all bids become the property of Fayette County. 7. Bid Preparation Costs: The bidder shall bear all costs associated with preparing the bid. 8. Late Bids: Bids not received by the time and date of the scheduled bid opening will not be considered unless the delay is a result of action or inaction by the County. 9. More than One Bid: Do not submit alternate bids or options, unless requested or authorized by the County in the Invitation to Bid. If a responder submits more than one bid without being requested or authorized to do so, the County may disqualify the bids from that responder, at the Countys option. 10. Bid Corrections or Withdrawals: The bidder may correct a mistake, or withdraw a bid, before the bid opening by sending written notification to the Director of Purchasing. Bids may be withdrawn after the bid opening only with written authorization from the Director of Purchasing. 11. Defects or Irregularities in Bids: The County reserves the right to waive any defect or irregularity in any bid received. In case of a discrepancy between unit prices and extended prices, the unit price will govern unless the facts or other considerations indicate another basis for correction of the discrepancy. 12. Prices Held Firm: Prices quoted shall be firm for the period of the contract, unless otherwise specified in the bid. All prices for commodities, supplies, equipment, or other products shall be quoted FOB Destination, Fayette County or job site. 13. Brand Name: If items in this invitation for bid have been identified, described, or referenced by a brand name or trade name description, such identification is intended to be descriptive, but not restrictive and is to indicate the quality and characteristics of products that may be offered. Alternative products may be considered for award if clearly Additional Terms and Conditions Fayette County Water System 00 52 14 - 3 Trilith Studios Elevated Water Storage Tank identified in the bid. Items offered must meet required specifications and must be of a quality which will adequately serve the use and purpose for which intended. 14. Bidder Substitutions: Bidders offering substitutions or deviations from specifications stated in the invitation to bid, shall list such substitutions or deviations on the Exceptions to Specifications sheet provided, or on a separate sheet to be submitted with the bid. The absence of such list shall indicate that the bidder has taken no exception to the specifications. The evaluation of bids and the determination as to equality and acceptability of products or services offered shall be the responsibility of the County. 15. Samples: When the County requires samples as part of the bid and vendor selection process, bidders must provide requested samples within the time allotted, and at no cost to the County unless otherwise specified. Any goods provided under contract shall conform to the sample submitted. The County will return samples only at the bidders request, and at the bidders expense, if they are not destroyed by testing. 16. Non-Collusion: By responding to this invitation to bid, the bidder represents that the bid is not made in connection with any competing bidder, supplier, or service provider submitting a separate response to this invitation to bid and is in all respects fair and without collusion or fraud. 17. Bid Evaluation: Award will be made to the lowest responsive, responsible bidder, taking into consideration payment terms, vendor qualifications ...