CONTRACT DOCUMENTS MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY BUSINESSPLEX

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1 CONTRACT DOCUMENTS MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY BUSINESSPLEX MARION COUNTY, MS MARCH HWY. 98 EAST COLUMBIA, MS 39429

2 SECTION TABLE OF CONTENTS MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY, MS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS Notice to Bidders Instructions To Bidders Bid Form Bidder s Corporate Declaration Non-Collusion Affidavit Bid Bond Agreement Form Performance and Payment Bonds Partnership Certificate Notice of Award Notice to Proceed Certificates of Insurance General Conditions Supplementary Conditions List of Drawings Addenda... 1 DIVISION 1 - GENERAL REQUIREMENTS Summary of Work Allowances Application for Payment Project Coordination Submittals Construction Schedules Testing Laboratory Services Temporary Facilities and Controls Substitutions and Product Options Project Closeout Cleaning... 1 DIVISION 3 CONCRETE Tectum Cementitious Roof Deck... 8 DIVISION 7 THERMAL AND MOISTURE PROTECTION Thermoplastic-Polyolefin Roofing (TPO) Flashing and Sheet Metal Sealants and Caulkings

3 DIVISION 0 BIDDING AND CONTRACT DOCUMENTS

4 SECTION NOTICE TO BIDDERS MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY BUSINESSPLEX MARION COUNTY, MS Sealed bids for the repair and re-roof of the existing cafeteria and industrial building at the Marion County BusinessPlex will be received by the Marion County Board of Supervisors until 10:00 AM local time on Tuesday, April 2, 2019 at the offices of the Marion County Board of Supervisors located at 215 Broad Street, Columbia, MS and shortly thereafter will be opened and publicly read. The work involved in the project includes repair and re-roof of the existing 23,000 sq.ft. cafeteria and industrial building located at the Marion County BusinessPlex as described in the project Construction Drawings and Contract Documents. All documents required for bidding purposes may be obtained from Dungan Engineering, P. A., 1574 Highway 98 East, Columbia, Mississippi 39429, (601) A non-refundable deposit of $50.00 is required at the time of request for Construction Drawings and Contract Documents. A copy of the Contract Drawings and Documents may be examined at the office of Dungan Engineering, P. A., 1574 Highway 98 East, Columbia, Mississippi Bidders choosing to submit electronically are required to contact the Marion County Board of Supervisors at for information regarding electronic bidding requirements. Each bid shall be accompanied by a Certified Check on a solvent bank or a Bidder s Bond issued by a Surety Company licensed to operate in the State of Mississippi, in the amount of (5%) five percent of the total bid price, as a guarantee that if the bid is accepted, the Bidder will enter into a contract and execute the Performance and Payment Bonds in the form and within the time specified. The successful Bidder will be required to execute a Performance Bond and a Payment Bond, each in the amount of 100 percent of the Contract, issued by a Surety Company licensed to operate in the State of Mississippi. Each Bidder shall have a Certificate of Responsibility to bid on contracts for public projects in which the bid price exceeds $50, and for private projects in which the bid price exceeds $100, as required by the laws of the State of Mississippi. Each Bidder shall show on the outside of the envelope containing his bid; his current Certificate of Responsibility number and expiration date, or if applicable, a statement certifying that the bid enclosed does not exceed $50, for public project of $100, for a private project; his name; and the name of the Contract for which the bid is submitted. Failure to show these items on the outside of the envelope containing the bid will result in the bid being returned to the Bidder unopened. No Bidder may withdraw his bid for a period of sixty (60) days after date of actual bid opening, without Owner s consent. Bid preparation will be in accordance with the Instructions to Bidders bound in the Documents. The Marion County Board of Supervisors reserves the right to waive irregularities and to reject any and/or all bids. Advertise on: February 28,

5 SECTION INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.01 GENERAL REQUIREMENTS A. Terms used in these Instructions to Bidders which are defined in the General Conditions of the Contract for Construction, AIA Document A201, 1997 Edition, have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. B. Should a Bidder find discrepancies in or omissions from the Drawings or Project Manual or be in doubt as to their written meaning, he should immediately notify the PROFESSIONAL who then will send a written instruction or interpretation to all known holders of the documents. Neither the OWNER nor the PROFESSIONAL will be responsible for any oral instructions. C. Any addenda to the Drawings or Project Manual issued before or during the time of bidding will be included in the Bid and become a part of the Contract BIDDING A. SUBCONTRACTORS: The Bidder is specifically advised that any persons, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the OWNER. B. METHOD OF BIDDING: Lump sum, single bids received on the general contract will include all electrical, mechanical, and roof rehabilitation work as shown on the Drawings and specified herein BIDDER=S QUALIFICATIONS: A. CERTIFICATE OF RESPONSIBILITY NUMBER: Each Contractor submitting a bid in excess of $100,000 must show on his bid and on the face of the envelope containing the bid, his Certificate of Responsibility Number as required by Section , Mississippi Code of If a bid does not exceed $100,000 a notation so stating must appear on the face of the envelope. B. EVIDENCE: No bid will be opened, considered or accepted unless the above information is given as specified. Sufficient evidence that said Certificate of Responsibility has been issued and is in effect at the time of receiving bids must be submitted when required by the Owner or the Professional

6 SECTION INSTRUCTIONS TO BIDDERS 1.04 BID SECURITY A. Each Bid must be accompanied by the Bidder's certified check or a Bid Bond, duly executed by the Bidder as principal and having surety thereon, a surety company approved by the OWNER and signed by an agent resident in Mississippi, in the amount of five percent (5%) of the bid. All bid bonds must be accompanied by an appropriate Power of Attorney designating the Mississippi Resident Agent. B. The bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 10 days of the Notice of Award OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited OPENING OF PROPOSALS Refer to the Notice to Bidders PREPARATION OF BID A. CONDITIONS OF WORK: Each Bidder must fully inform himself of the conditions relating to the construction of the project and employment of labor thereon. Failure to do so will not relieve a Successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the CONTRACTOR must employ methods or means to cause no interruption of or interference with the work of any other CONTRACTOR. B. EXAMINATION OF SITE: All Bidders, including the General Contractor and Subcontractors will visit the site of the project, compare the Drawings and Project Manual with any work in place and inform themselves of all conditions that may in any manner affect cost, progress or performance of the Work. Failure to visit the site will in no way relieve the Successful Bidder from furnishing any materials or performing any work required to complete work in accordance with Drawings and Specifications without additional cost to the OWNER. C. SITE ACCESS: On request, the OWNER will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. D. LAWS AND REGULATIONS: The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project apply to the contract. E. OBLIGATION OF BIDDER: At the bid opening, each Bidder will be presumed to have inspected the site, read, and become thoroughly familiar with the drawings and project manual, including all addenda. F. DISCREPANCIES AND CLARIFICATION: Each Bidder will call to the attention of the Professional any discrepancies in the Contract Documents or questions requiring clarification at least 72 hours before bid. Questions regarding this project will not be answered after this time

7 SECTION INSTRUCTIONS TO BIDDERS 1.07 PROPOSAL A. FORM: Make all proposals on forms provided and fill all applicable blank spaces without interlineation, alteration, erasure or recapitulation of the work to be done. Forms must be completed in ink or by typewriter. No oral, telegraphic, or telephonic proposals will be considered. Any addenda issued during the bidding will be noted on the proposal form. B. WITHDRAWAL: Any bid may be withdrawn prior to the scheduled time for opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. Bids may not be withdrawn until 30 days after bid opening. C. SUBMITTAL: Submit bids in duplicate in an opaque sealed envelope marked as follows: BID FOR: Marion County Board of Supervisors Repair and Re-Roof of Existing Cafeteria and Industrial Building Marion County BusinessPlex Marion County, MS Certificate of Responsibility No. #### D. DIRECTIONS FOR MAILING: To mail his bid, the Contractor should place his bid in a sealed envelope as marked above and insert this into a second envelope with the notation AOpen immediately, sealed bid enclosed@ and mail it to: E. TELEGRAPHIC MODIFICATIONS: Any bidder may modify his bid by telegraphic communication at any time prior to scheduled bid opening time. Written confirmation must be received within two (2) days of receipt of said telegraphic communication to be considered valid. F. BID MODIFICATION: A Bidder may modify proposal prior to the scheduled time indicated in the Notice to Bidders. The modification may be written on the outside of the sealed envelope containing the proposal

8 SECTION INSTRUCTIONS TO BIDDERS 1.08 OPENING AND CONTRACT A. OPENING OF PROPOSALS: Proposals will be publicly opened shortly after the time stated in the Notice to Bidders. Bidder representatives are invited; however, attendance is not mandatory. B. IRREGULARITIES: The omission of any information requested on the Proposal Form may be considered as an informality, or irregularity, by the awarding public body when in their opinion the omitted information does not alter the amounts contained in the submitted bid proposal, or place other Bidders at a disadvantage. C. PROTEST: Any protest must be delivered in writing to the Owner within twentyfour (24) hours after the bid opening. D. ERRORS: Any claim of error and request for release from bid must be delivered in writing to the Owner within twenty-four (24) hours after the bid opening. The Bidder shall provide sufficient documentation with the written request clearly proving an error was made. E. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. F. AWARD OF CONTRACT: Contract will be awarded on the basis of the lowest and best bid or low combination of base bid and those alternates which produce a total within available funds. The Owner reserves the right to waive irregularities and to reject any or all bids. G. DISQUALIFICATION OF BIDDER: The Owner reserves the right to award to other than the low bidder when, in the Owner=s judgment, it is in his best interest to do so. Three (3) such reasons are: A. Bidder being arrears on existing contracts. B. Bidder being in litigation with the Owner. C. Bidder having defaulted on a previous contract. H. SECURITY FOR FAITHFUL PERFORMANCE: Simultaneously with his delivery of the executed contract, the Contractor will furnish a Surety Bond or Bonds as security for the faithful performance of this contract and for the payment of all persons performing labor on the project under this contract. The surety on such bond or bonds will be by a duly authorized Surety Company satisfactory to the Owner. Proof of acquisition of a Builder=s Risk policy shall be submitted at this time. I. TIME OF COMPLETION: The bidder agrees to complete the work in: 120 calendar days from the date of a ANotice to Proceed@ issued by the Professional. A Notice to Proceed is anticipated on meet project schedule. to

9 SECTION INSTRUCTIONS TO BIDDERS J. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT: The successful bidder, upon his failure or refusal to execute and deliver the contract and bond required herein within ten days after he has received notice of acceptance of his bid, will forfeit to the Owner as liquidated damages the security deposited with his bid. K. LIQUIDATED DAMAGES: In the event that substantial completion is not approved by 120 calendar days from the date of the Notice to Proceed, liquidated damages will be assessed in the amount of two hundred fifty dollars ($250) for each day until substantial completion is approved by the Owner. L. QUALIFICATION OF PROJECT SUPERINTENDENT: The successful bidder, upon receipt of notice of acceptance of his bid shall submit to the Professional the name of his proposed Project Superintendent for this project along with the following information: A. Name and address of all of his employers within the past three (3) years and dates of employment with each. B. List of previous jobs of an equivalent scope and nature to this project for which he was Superintendent. (Five minimum). Provide names and addresses of Owners and Architects. M. OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. N. OWNER reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to OWNER's satisfaction. O. If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. END OF SECTION

10 SECTION BID FORM Proposal of: MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY BUSINESSPLEX MARION COUNTY, MS Gentlemen: The undersigned bidder has carefully examined the specifications captioned above, and having ascertained actual conditions at the site of the work, hereby proposes to furnish all labor, tools, materials, and supplies necessary to complete the satisfactory construction of said project for the lump sum price of: BASE BID (Includes the foundation, metal building, and fencing per the plans and specifications): ($ ) Dollars CONSTRUCTION TIME: The undersigned bidder agrees to complete the work in 120 Calendar Days from the date of a ANotice to Proceed@ issued by the Professional. LIQUIDATED DAMAGES: In the event that substantial completion is not approved within the time frame established herein, liquidated damages will be assessed in the amount of two hundred fifty dollars ($250) for each day until substantial completion is approved by the Owner. BID SECURITY: Security in the form of a Bid Bond is attached hereto in the amount of 5% of the Base Bid

11 SECTION BID FORM ADDENDA: The undersigned bidder acknowledges receipt of the following addenda: Addendum No. 1 dated 03/19/2019 received (yes/no) Addendum No. 2 dated 04/01/2019 received (yes/no) Addendum No. 3 dated received (yes/no) Signed: Firm Name: Address: PROPOSED SUBCONTRACTORS: Certificate of Responsibility: The names and addresses of all persons and parties who will be utilized for subcontract work: NAME ADDRESS END OF SECTION

12 SECTION BIDDER S CORPORATE DECLARATION (To Be Filled In If Bidder Is A Corporation) Date:, 20 Our corporation is chartered under the Laws of the State of names, titles and business addresses of the executives are as follows: and the President Treasurer (To be filled in if a Partnership) Our partnership is composed of the following individuals: Secretary END OF SECTION

13 SECTION NON-COLLUSION AFFIDAVIT (This affidavit must be executed for the Bid to be considered) STATE OF MISSISSIPPI ) COUNTY OF ) ss. (Person) being first duly sworn, deposes and says that he is of (Sole owner, a partner, president, secretary, etc.) the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive; that said Bidder is not financially interested in, or otherwise affiliated in a business way with any other bidder on the same contract; that said Bidder as not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or any other bidder, or to fixe any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Owner, or any person or persons interested in the proposed contract; and that all statements contained in said Proposal or Bid are true; and further, that such Bidder has not, directly or indirectly submitted his Bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. Affiant Sworn to and subscribed before me this day of, 20. (SEAL) END OF SECTION My Commission Expires Notary Public in and for Mississippi County,,

14 SECTION BID BOND KNOW ALL MEN BY THESE PRESENT, that we, the undersigned as principal, and as Surety, are hereby held and firmly bound unto the, as Owner, in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of, 20. The condition of the above obligation is such that whereas the Principal has submitted to the a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing for. NOW THEREFORE, (a) (b) If said Bid shall be rejected, or in the alternate, If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Contractor SEAL By: Surety SEAL By: END OF SECTION

15 SECTION AGREEMENT FORM This Agreement made the day of, 2019 between the Owner: MARION COUNTY BOARD OF SUPERVISORS and the Contractor: Business Name:. Address: City/State/Zip: The Contractor is doing business as a. (Corporation, Partnership, or Individual) The Contractor's taxpayer identification number is. THE PROJECT IS: Repair and Re-Roof of Existing Cafeteria and Industrial Building Marion County BusinessPlex Marion County, MS THE PROFESSIONAL FOR THE PROJECT IS: Dungan Engineering, P.A Hwy. 98 East Columbia, Mississippi THIS AGREEMENT entered into as of the day and year first written above: OWNER: By: Signature Name and Title CONTRACTOR: By: Signature Name and Title THE OWNER AND THE CONTRACTOR AGREE AS SET FORTH IN PAGES ONE THROUGH FOUR, ARTICLES ONE THROUGH SIX, ON THE FOLLOWING PAGES:

16 SECTION AGREEMENT FORM ARTICLE 1: WORK AND CONTRACT DOCUMENTS 1.01 THE WORK A. The CONTRACTOR will perform all the work required by the Contract Documents for the project indicated above THE CONTRACT DOCUMENTS A. The Contract Documents, which constitute the entire agreement between the OWNER and CONTRACTOR, are enumerated as follows: B. Project Manual dated MARCH 2019 Notice to Bidders Instructions to Bidders Bid Form Bidder s Corporate Declaration Non-Collusion Affidavit Bid Bond Agreement Form Performance and Payment Bonds Partnership Certificate Notice of Award Notice To Proceed Certificate of Insurance General Conditions Supplementary Conditions Addenda Division One: General Requirements Division Three: Concrete Division Seven: Thermal and Moisture Protection C. Addenda Addendum No. 1, dated 03/19/2019 Addendum No. 2, dated Addendum No. 3, dated D. Drawings as noted in Section List of Drawings E. Other Documents dated ARTICLE 2 - CONTRACT SUM 2.01 CONTRACT SUM A. The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by change order as provided in the contract documents, the contract sum of ($ )

17 SECTION AGREEMENT FORM ARTICLE 3 - CONTRACT TIME 3.01 TIME A. The work to be performed under this contract shall be commenced upon the date stated in the "Notice to Proceed". The work is to be substantially complete, subject to approved change orders, not later than 120 calendar days from the date stated in the "Notice to Proceed". ARTICLE 4 - LIQUIDATED DAMAGES AND BONUSES 4.01 LIQUIDATED DAMAGES A. The OWNER and the CONTRACTOR recognize that time is of the essence in this Agreement and that the OWNER will suffer financial loss if the work is not substantially complete within the time specified in Article 3 above, plus any extensions thereof by duly authorized Contract Amendments. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by the OWNER if the work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER the sum of TWO HUNDRED FIFTY DOLLARS ($250.00) for each day that expires after the time specified in Article 3 above for substantial completion until the work is substantially complete. ARTICLE 5 - PROGRESS AND FINAL PAYMENTS 5.01 PROGRESS PAYMENTS A. Based upon Applications for Payment submitted to the PROFESSIONAL by the CONTRACTOR and Certificates for Payment issued by the PROFESSIONAL, the OWNER will make progress payments on account of the contract sum to the CONTRACTOR as provided in the contract documents

18 SECTION AGREEMENT FORM 5.02 FINAL PAYMENT A. Final payment constituting the entire balance of the contract sum will be paid by the OWNER to the CONTRACTOR when the work has been completed, the contract fully performed and a final Certificate for Payment has been issued by the PROFESSIONAL. ARTICLE 6 - MISCELLANEOUS PROVISIONS 6.01 Terms used in this agreement which are defined in the conditions of the contract will have the meanings designated in those conditions The CONTRACTOR will not assign, sublet or transfer his interest in this contract agreement without the written consent of the OWNER. The OWNER and CONTRACTOR hereby agree to the full performance of the covenants contained herein. END OF SECTION

19 SECTION PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that. (Name of Contractor) a (Address of Contractor) (Corporation, Partnership, or Individual), hereinafter call Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto MARION COUNTY BOARD OF SUPERVISORS (Name of Owner) 215 BROAD STREET, COLUMBIA, MS (Address of Owner) hereinafter called OWNER, in the penal sum of Only Viewing remain in full force effect.for and Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated day of, 20 19, a copy of which is hereto attached and made a part hereof for the construction of: Repair and Re-Roof of Existing Cafeteria and Industrial Building at the Marion County BusinessPlex, Marion County, MS NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall full indemnify and save harmless the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. NOW, THEREFORE, if the Principal shall promptly make payment of all taxes, licenses, assignments, contributions, damages, penalties, and interest thereon, when and as the same may lawfully be due the State of Mississippi, or any county, municipality, board, department, commission, or political subdivision thereof, by reason of and directly connected with the performance of said Contract or any part thereof as provided by Sections , , and , supra, or any other applicable statute or other authority, then this obligation shall be null and void; otherwise, it shall

20 SECTION PERFORMANCE BOND PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this statement is executed in 3 (Number) counterparts, each one of which shall be deemed an original, this the day of, 20. ATTEST: (Principal) Secretary Principal (SEAL) By (s) Witness as to Principal (Address) ATTEST: (Address) Surety By Attorney-in-Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located

21 SECTION PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT (Name of Contractor) (Address of Contractor) a (Corporation, Partnership, or Individual), hereinafter call Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto MARION COUNTY BOARD OF SUPERVISORS (Name of Owner) 215 BROAD STREET, COLUMBIA, MS (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated day of, 2019, a copy of which is hereto attached and made a part hereof for the construction of: Repair and Re-Roof of Existing Cafeteria and Industrial Building at the Marion County BusinessPlex, Marion County, MS NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS

22 SECTION PAYMENT BOND PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this statement is executed in 3 (Number) counterparts, each one of which shall be deemed an original, this the day of, 20. ATTEST: (Principal) Secretary Principal (SEAL) By (s) Witness as to Principal (Address) ATTEST: Witness as to Surety (Address) (Address) Surety NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. By (Address) Attorney-in-Fact IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. END OF SECTION

23 SECTION PARTNERSHIP CERTIFICATE MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY BUSINESSPLEX MARION COUNTY, MS PARTNERSHIP CERTIFICATE STATE OF COUNTY OF On this day of, 20, before me personally appeared known to me and known by me to be the person who executed the above instrument, who being by me first duly sworn, did depose and say that he is a general partner in the firm of ; that said firm consists of himself and ; and that he executed the foregoing instrument on behalf of said firm for the uses and purposes stated herein. Notarial Seal Notary Public in the County of State of My Commission Expires: OR CORPORATE CERTIFICATE I,, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that, who signed said Contract on behalf of the Contractor was then of said Corporation; that said Contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal Secretary END OF SECTION

24 SECTION NOTICE OF AWARD Date: To: RE: MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY BUSINESSPLEX MARION COUNTY, MS Gentlemen: The MARION COUNTY BOARD OF SUPERVISORS has considered the Proposal submitted by you for the above referenced Work in response to its Notice to Bidders and Instructions to Bidders. You are hereby notified that your Proposal has been accepted in the amount of $. You are required by the Instructions to Bidders to execute the Contract and furnish the required Contractor's Performance Bond, Payment Bond and/or certificates of insurance within ten (10) calendar days from the date of delivery of this Notice to you. We have enclosed three (3) copies of the necessary contract forms and bond forms. Please return all copies of these documents to the office of Dungan Engineering, P.A., 1574 Hwy. 98 East, Columbia, Mississippi If you fail to execute said Contract and to furnish said Bonds within ten (10) days from the date of delivery of this Notice, the Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your proposal as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by Law. You are required to return an acknowledged copy of this Notice of Award directly to Dungan Engineering, P.A.. Sincerely, Dungan Engineering, P.A. c: ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of, 20. By Title END OF SECTION

25 SECTION NOTICE TO PROCEED Date: To: Attention: Re: MARION COUNTY BOARD OF SUPERVISORS REPAIR AND RE-ROOF OF EXISTING CAFETERIA AND INDUSTRIAL BUILDING MARION COUNTY BUSINESSPLEX MARION COUNTY, MS Dear: You are hereby notified to commence work in accordance with the Contract dated on. You are to complete the work within 120 consecutive calendar days from the effective date of this Notice to Proceed. The date of completion is therefore. Liquidated damages in the amount of Two Hundred Fifty Dollars ($250) per calendar day for each day the Work remains incomplete after will be imposed unless the contract time is otherwise adjusted for due cause by change orders to the Contract. The engineering firm of Dungan Engineering, P.A. will act as the Professional on behalf of the for the work to be performed under the contract. Please return a copy of this NOTICE TO PROCEED to the undersigned indicating your receipt of this document in the space provided below. Sincerely, Dungan Engineering, P.A. c: Receipt of the above NOTICE TO PROCEED ACCEPTANCE OF NOTICE is hereby acknowledged by this day of, 20. By Title END OF SECTION

26 SECTION CERTIFICATES OF INSURANCE PART 1 - GENERAL 1.01 CERTIFICATE OF INSURANCE A. Prior to the beginning of Work, the CONTRACTOR shall furnish insurance certificates as required in Article 11 of the Supplementary Conditions. The Insurance Certificates provided by the CONTRACTOR will be inserted in this Section of the executed Contract. END OF SECTION

27 SECTION PART 1 - GENERAL GENERAL CONDITIONS 1.01 DESCRIPTION A. Scope: The "General Conditions of the Contract for Construction", AIA Document A201, 1997, Articles 1 through 14 inclusive is a part of this contract and is incorporated herein as fully as if here set forth. B. Copy: CONTRACTORS are presumed to be familiar with this document, a copy of which may be obtained from the Professional or examined in his office. END OF SECTION

28 SECTION SUPPLEMENTARY CONDITIONS PART 1 - GENERAL 1.01 DESCRIPTION A. Owner: These supplements are necessary because the Owner is an agency, or political subdivision, of the State of Mississippi and occupies a different position from that of the usual Owner. B. Document: The following supplements modify, change, delete from, or add to the General Conditions of the Contract, AIA Document A201, When an Article of the General Conditions is modified, or deleted, by these Supplementary Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph, or Clause will remain in effect. ARTICLE 1 - GENERAL PROVISIONS 1.1 BASIC DEFINITIONS The Contract Documents: Delete the last sentence of this Subparagraph and substitute the following sentence: The Contract Documents include the Advertisement for Bids, Instructions to Bidders, Proposal Form, sample forms and all portions of addenda issued prior to execution of the Contract. 1.3 OWNERSHIP AND USE OF ARCHITECT S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS Add a new sentence at the end of this Subparagraph: ARTICLE 2 - OWNER 2.1 DEFINITION This Paragraph in no way supersedes the Owner s document rights set forth in the Agreement Between the Owner and the Professional Add a new Subparagraph as follows: The Owner, as used in these Documents, refers to the Marion County Board of Supervisors, acting for and on behalf of the county of the State of Mississippi. ARTICLE 3 - CONTRACTOR 3.18 INDEMNIFICATION Add a new Subparagraph as follows: The Contractor agrees to defend, hold harmless and indemnify the Owner against all claims or demands originating under this Contract by Subcontractors,

29 SECTION SUPPLEMENTARY CONDITIONS Materialmen, or other entities situated similarly. ARTICLE 4 - ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT Delete this Subparagraph in its entirety Add a new Subparagraph as follows: The term Architect, Engineer, or Professional as used in these Documents refers to the Professional firm indicated in the Agreement Between the Owner and the Contractor who has been directed by the Owner to design and inspect construction of this Project. 4.2 ARCHITECT S ADMINISTRATION OF THE CONTRACT Change the word observations to read inspections. 4.5 ARBITRATION Only Delete this Subparagraph in its entirety Delete this Subparagraph in its entirety Delete this Subparagraph in its entirety. Viewing Delete this Subparagraph in its entirety Delete this For Subparagraph in its entirety Delete this Subparagraph in its entirety Delete this Subparagraph in its entirety Delete this Subparagraph in its entirety Delete this Subparagraph in its entirety. ARTICLE 5 - SUBCONTRACTORS No supplementary conditions

30 SECTION SUPPLEMENTARY CONDITIONS ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS No supplementary conditions. ARTICLE 7 - CHANGES IN THE WORK 7.2 CHANGE ORDERS Add a new Subparagraph as follows: ARTICLE 8 - TIME 8.1 DEFINITIONS The maximum cost included in a Change Order for profit and overhead is limited to twenty percent (20%) of the total of the actual cost for materials, labor an subcontracts. Profit and overhead include: all taxes, fees, permits, insurance, bond, job superintendent and office expense. All Subcontractors shall acquiesce to the same requirements when participating in a Change Order Change this Subparagraph to read as follows: The date of Substantial Completion is the date certified by the Professional and approved by the Owner in accordance with Paragraph 9.8 entitled Substantial Completion. 8.3 DELAYS AND EXTENSIONS OF TIME Change this Subparagraph to read as follows: If the Contractor is delayed at any time in the progress of the Work by any act of neglect of the Owner or the Engineer, or by any employee of either, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or any causes beyond the Contractor s control, or by any other causes which the Engineer determines may justify the delay, then the Contract Time may be extended by Change Order for such reasonable time as the Engineer may determine, subject to the Owner s approval. Any claim for loss or any delay occasioned by any separate Contractor, or Subcontractor, shall be settled between the Contractor and such other separate Contractor, or Subcontractors

31 SECTION SUPPLEMENTARY CONDITIONS ARTICLE 9 - PAYMENTS AND COMPLETION 9.3 APPLICATIONS FOR PAYMENT Add a new sentence to the end of this Subparagraph: The form of Application for Payment will be AIA Document G702, Application and Certification for Payment, supported by AIA Document G703, Continuation Sheet, or a computer generated form containing similar data Add a new Clause to Subparagraph as follows: The Owner will retain, until the Work is one hundred percent (100%) complete, five percent (5%) of the amount due the Contractor on account of progress payments. No reduction in retainage will be made until final payment is made, except that when the initial contract award is in an amount equal to or greater than $250,000.00, then whenever such Work is fifty percent (50%) complete and on schedule and satisfactory, in the opinion of the Professional and the Owner, fifty percent (50%) of the retainage will be returned to the Contractor and two and one half percent (2.5%) will be retained on all subsequent progress payments Add a new Clause to Subparagraph as follows: The Contractor must submit each month with this Application for Payment a separate letter stating that he is requesting an extension of time or that he had no need for an extension for that period of time. No payment on a monthly application will be made until the letter is received. Complete justification such as weather reports or other pertinent correspondence must be included for each day=s request for extension. A Contractor=s letter, or statement, will not be considered as adequate justification. The receipt of this request and data by the Owner will not be considered as Owner approval in any way Add a new Clause to Subparagraph as follows: Payment on materials stored at some location other than the building site, may be approved by the Engineer and the Owner after the Contractor has submitted the following items: 1. An acceptable Lease Agreement between the General Contractor and the Owner of the land, or building, where the materials are stored covering the specific area where the materials are located. 2. Consent of Surety, or other acceptable Bond, to cover the materials stored off-site. 3. All Perils Insurance coverage for the full value of the materials stored offsite. 4. A Bill of Sale from the Manufacturer to the General Contractor for the stored materials

32 SECTION SUPPLEMENTARY CONDITIONS 5. A complete list and inventory of materials manufactured, stored and delivered to the storage site and of materials removed from the storage site and delivered to the job site. 6. A review by the Engineer of the materials stored off-site prior to release of payment. 7. Guarantee no storage costs, additional delivery fees, or subsequent costs to the Owner. 9.4 CERTIFICATE FOR PAYMENT Change the word observations to read inspections. 9.6 PROGRESS PAYMENTS Add a new Subparagraph as follows: The amount retained by the Contractor from each payment to each subcontractor and material supplier will not exceed the percentage retained by the Owner from the Contractor. 9.7 FAILURE OF PAYMENT Change this Subparagraph to read as follows: If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, with seven (7) days after receipt of the Contractor s Application for Payment, or if the Owner does not pay the Contractor within sixty (60) calendar days as prescribed in Section of the Mississippi Code 1972, Annotated, then the Contractor may stop the Work until payment of the amount owed has been received. 9.8 SUBSTANTIAL COMPLETION Add a new sentence at the end of this Subparagraph: Substantial Completion shall not be established and final until the Owner approves the Engineer s Certificate of Substantial Completion

33 SECTION SUPPLEMENTARY CONDITIONS 9.11 LIQUIDATED DAMAGES Add a new Paragraph as follows: Time being of the essence and a matter of material consideration thereof, a reasonable estimate in advance is established to cover losses incurred by the Owner if the project is not substantially complete on the date set forth in the Contract Documents. The Contractor and his Surety will be liable for and will pay the Owner the sums stipulated in Paragraph 2.2 of the Standard Form of Agreement Between the Owner and the Contractor as fixed and agreed as liquidated damages for each calendar day of delay until the work is substantially complete. ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAM Delete this Subparagraph in its entirety Delete this Subparagraph in its entirety Delete this Subparagraph in its entirety SAFETY OF PERSONS AND PROPERTY Change this Subparagraph to read as follows: The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses and caused in whole or in part by the Contractor, a Subcontractor, a Sub-Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts that may be liable and for which the Contractor is responsible for Clauses and , except damage or loss attributable to acts or omissions of the Owner or Engineer and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor s obligations under Paragraph

34 SECTION SUPPLEMENTARY CONDITIONS ARTICLE 11 - INSURANCE AND BONDS 11.1 CONTRACTOR S LIABILITY INSURANCE Add a new Subparagraph as follows: The Contractor s limits of liability shall be written for not less than the following: 1. GENERAL LIABILITY: Commercial General Liability (Including XCU) General Aggregate... $1,000, Aggregate Products & Completed Operations... $1,000, Aggregate Personal & Advertising Injury... $500, Per Occurrence Bodily Injury & Property Damage... $500, Per Occurrence Fire Damage Liability... $50, Per Occurrence Medical Expense... $5, Per Person 2. OWNERS & CONTRACTORS PROTECTIVE LIABILITY: Bodily Injury & Property Damage... $1,000, Aggregate Bodily Injury & Property Damage... $500, Per Occurrence 3. AUTOMOBILE LIABILITY (Owned, Non-owned & Hired Vehicles): Contractor Insurance Option Number 1: Bodily Injury & Property Damage... $500, Per Occurrence (Combined Single Limit) Contractor Insurance Option Number 2: Bodily Injury... $250, Per Person Bodily Injury...$500, Per Accident Property Damage... $100, Per Occurrence 4. EXCESS LIABILITY (Umbrella on projects over $500,000): Bodily Injury & Property Damage... $1,000, Aggregate (Combined Single Limit)

35 SECTION SUPPLEMENTARY CONDITIONS 5. WORKERS COMPENSATION (As required by Statute): EMPLOYERS LIABILITY: Accident... $100, Per Occurrence Disease... $500, Policy Limit Disease... $100, Per Employee 6. PROPERTY INSURANCE: Builder s Risk... $ Equal to Value of Work or Installation Floater... $ Equal to Value of Work Add a new Subparagraph as follows: Furnish one (1) copy of the Standard Construction Contract Certificate of Insurance Form for each copy of the Standard Form of Agreement Between Owner and Contractor specifically setting forth evidence of all coverage required by Subparagraphs , and Furnish to the Owner copies of any endorsements that are subsequently issued amending limits of coverage Add a new Subparagraph as follows: If the coverages are provided on a claims-made basis, the policy date or retroactive date shall predate the contract; the termination date, or the policy, or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment OWNER S LIABILITY INSURANCE Delete the Subparagraph in its entirety and substitute the following: The Contractor shall purchase and maintain such insurance as will protect the Owner from his contingent liability to other for damages because of bodily injury, including death, and property damage, which may arise from operations under this Contract and other liability for damages which the Contractor is required to insure under any provision of this Contract. Certificate of this insurance will be filed with the Owner and will be the same limits set forth in PROPERTY INSURANCE (BUILDER S RISK OR INSTALLATION FLOATER) Change the first line in this Subparagraph to read as follows: The Contractor shall purchase Delete this Clause under Subparagraph in its entirety