SPECIFICATIONS & CONTRACT DOCUMENTS Sanitary Sewer Manhole Replacement and Bypass Contract 2013 FOR. The Town of Tyrone

SPECIFICATIONS & CONTRACT DOCUMENTS Sanitary Sewer Manhole Replacement and Bypass Contract 2013 FOR The Town of Tyrone March 2013

Map of Approximate Vicinity Where Sewer Manhole Replacement and By Pass Work Will Be Conducted 2

SPECIFICATIONS & CONTRACT DOCUMENTS SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT TOWN OF TYRONE INDEX Section No. I II III IV V VI VII VIII IX X XI XII Title Advertisement for Bids Instructions to Bidders Bid Proposal Non-Collusion Affidavit of Prime Bidder E-Verify Compliance Affidavit of Prime Bidder Bid Bond Agreement Performance Bond Payment Bond Certificate of Owner s Attorney General Conditions Supplementary Conditions Technical Specifications TOWN OF TYRONE Sanitary Sewer Specification & Standards, Revised 1/5/06, latest revision. 3

I ADVERTISEMENT FOR BIDS SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT TOWN OF TYRONE Sealed Bids for the SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT will be received at the Administrative Offices, TYRONE TOWN HALL, and 881 Senoia Road, Tyrone, Georgia 30290 until 10:00 a.m. legal prevailing time on April 26, 2013, at which time and place they will be publicly opened and read aloud. No Bid may be withdrawn after the closing time for the receipt of Bids for a period of ninety (90) calendar days. The Work to be done consists of furnishing all materials and equipment and performing all labor necessary to installation of a new force main receiving manhole, pipe, by-pass connection, and providing by-pass pumping services in conjunction with Jenkins Rd. Lift Station #2 wet well and manhole lining services for the TOWN OF TYRONE (hereinafter referred to as Owner). Payment of the Contract amount will be made monthly as applications for payment from the contractor are submitted and approved by the Owner based on work accomplished, products furnished and products stored at the site. Such progress payment requests shall be submitted by the contractor no later than the 25 th day of each month during the term of the Contract and shall be paid by the Owner within thirty (30) days after receipt of approved progress payment requests, less the retainage and other deductions provided in the Contract Documents. Further details concerning the payment provisions of the Contract are contained in Section 14 of the General Conditions and of the Supplementary Conditions of the Contract Documents. Bonds: All Bids must be accompanied by a Bid Bond in an amount not less than ten percent (10%) of the amount Bid. The Successful Bidder, if awarded the Contract, will be required to furnish a Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) of the Contract amount. The Owner reserves the right to reject any or all Bids, to waive informalities, and to re-advertise. 4

II INSTRUCTIONS TO BIDDERS 1. Defined Terms: Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term Bidder means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term Successful Bidder means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner s evaluation as hereinafter provided) makes an award. The term Bid Documents includes the Advertisement or Request for Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids.) 2. Copies of Bid Documents: 2.1 Complete sets of the Bid Documents in the number and for the sum, if any, stated in the Request for Bid may be obtained from the Owner. 2.2 Complete sets of Bid Documents must be used in preparing Bids; the Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 2.3 Owner in making copies of Bid Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Not Used 4. Examination of Contract Documents and Site: 4.1 It is the responsibility of each Bidder before submitting a Bid, to: (a) Examine the Contract Documents thoroughly, (b) Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (c) Study and carefully correlate Bidder s observations with the Contract Documents, and (d) Notify Owner of all conflicts, errors or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary and Supplemental General Conditions for identification of: 4.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Owner in preparation of the Contract Documents, if applicable. 4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface conditions, (except Underground Facilities), which are at or contiguous to the site which have been utilized by Owner in preparation of the Contract Documents. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 5

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder s own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda: 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Owner in writing. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed, emailed or delivered to all parties recorded by Owner as having received the Bid Documents. Questions received less than five days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bid Documents as deemed advisable by Owner. 6. Bid Security: 6.1 Each Bid must be accompanied by Bid bond made payable to Owner in an amount of ten percent (10%) of the Bidder s maximum Bid price in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions. 6

6.2 The Bid bond of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract bond, whereupon the Bid bond will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract bond within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid bond of that Bidder will be forfeited. The Bid bond of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the ninety-first day after the Bid opening, whereupon Bid bond furnished by such Bidders will be returned. Bid bond with Bids which are not competitive will be returned within seven days after the Bid opening. 7. Contract Time: The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 7.1 Contract time for this contract shall be 45 days. 8. Liquidated Damages: Provisions for liquidated damages are set forth in the Agreement. 9. Substitute or Or Equal Items: The materials and equipment described in the Bid Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Owner at least 10 days before receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or Work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner s decision of approval or disapproval of a proposed substitution shall be final. If Owner approves any proposed substitution, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. If a request for approval is not submitted, the Contractor will be required to provide the manufacturer or supplier named in the specifications or on the plans. Any redesign required for using substitute equipment, shall be the responsibility of the Contractor. Without exception, substitute equipment shall not be used in the preparation of the BASE BID without having approval of the Owner prior to submission of the BID. 10. Subcontractors, Suppliers and Others: 10.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, 7

person or organization may before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. 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, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid bond of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General Conditions. 10.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. Bid Form: 11.1 The Bid Form is included with the Bid Documents; additional copies may be obtained from Owner. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vicepresident (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and State of incorporation must be shown below the signature, together with State Contractor s License number. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 Bids by a limited liability company (LLC) must be signed by it Manager(s) and attested by an authorized individual. 11.6 All names must be typed or printed below the signature. 11.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.8 The address and telephone number for communications regarding the Bid must be shown. 12. Submission of Bids: 12.1 Bids shall be submitted at the time and place indicated in the Advertisement or Request for Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name, address and Georgia Licensed Utility Contractor Number of the Bidder and accompanied by the Bid bond and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation BID ENCLOSED on the face of it. 8

12.2 Prospective Bidders are furnished one bound copy of the Bid Documents. The Bid Form is to be completed and submitted with Bid Bond. 13. Modification and Withdrawal of Bids: 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 If, within twenty-four 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, that Bidder may withdraw its Bid and the Bid bond will be returned. Thereafter, that Bidder will be disqualified from further Bid on the Work to be provided under the Contract Documents. 14. Opening of Bids: Bids will be opened 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. 15. Bids to Remain Subject to Acceptance: All Bids will remain subject to acceptance for ninety days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid bond prior to that date. 16. Award of Contract: 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 Not Used 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 9

16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner s satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. 17. Contract Security: Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner s requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 18. Signing of Agreement: When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. 19. Laws and Regulations: The Contractor shall keep himself fully informed of all laws, ordinances and regulations of State, City and County in any manner affecting those engaged or employed in the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall forthwith report the same in writing to the Owner. He shall at all times, himself, observe and comply with all such existing and future laws, ordinances and regulations and shall protect and indemnify the Owner and its agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree whether by himself or by his employees. 10

III BID PROPOSAL SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT TOWN OF TYRONE, GEORGIA Place: Town Hall, 881 Senoia Road, Tyrone, Georgia 30290 Date: Time: Bid of (hereinafter called Bidder ) a corporation organized and existing under the laws of the State of, a partnership, or an individual doing business as. TO: Tyrone Town Hall Tyrone, Georgia 30290 Ladies and Gentlemen: The Bidder, in compliance with your Request for Bids for the SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT having examined the plans and specifications with related contract documents and the site of the work, and being familiar with all of the conditions surrounding the Supplemental General Conditions and the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to provide the services in accordance with the contract documents at the prices stated below. These prices cover all expense incurred in performing the work required under the contract documents of which this BID is a part. Sewer Manhole Replacement and Bypass Work: The Bidder hereby agrees to commence Sewer Manhole Replacement and Bypass work under this contract according to the following conditions. The TOWN OF TYRONE, hereafter referred to as the Owner, hereby defines Sewer Manhole Replacement and Bypass as follows: The site preparation, soil stabilization and grading necessary to properly construct an in-line bypass of the existing wet well and identified manholes, as part of a rehabilitation project to restore the structural integrity of the aforementioned component pieces of the Town s Sanitary Sewer System. Bidder acknowledges receipt of the following addenda: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated BASE BID The Contractor agrees to furnish all materials (unless stated otherwise) and equipment and to perform all labor necessary for the SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT 11

using equipment meeting the requirements described in the Technical Specifications and installed in accordance with the construction documents for the following Unit Prices: A. Proposal for Equipment, Labor: Item No. Description Estimated Quantity Unit of Measure 1 Mobilization 1 LS 2 Silt Fence (Sd1-C or C-POP) 150 LF 3 Disturbed Area Stabilization (Ds1, Ds2, Ds3, 170 SY Du) 4 Demolition 1 LS 5 Manhole 1 LS 6 Force-Main By-Pass Connection 1 LS 7 6 PVC Pipe 75 LF 8 No. 57 Stone 20 CY 9 By-Pass Pumping 1 LS Unit Price (Figures) Amount (Figures) 10 Engineer Directed Changes 1 LS $10,000.00 $10,000.00 TOTAL BASE BID: ($ ) Dollars The lump sum and unit prices shown shall include all labor, materials, bailing, shoring removal, overhead, taxes, profit, insurance, etc., to cover the finished work of the several kinds called for, unless otherwise noted. The Bidder understands that the Owner reserves the right to reject any or all Bids and to waive any informality in the Bid. The Bidder declares that he understands that the quantities shown for unit price items are approximate only and are subject to either increases or decreases and that should the quantities of any of the items of work be increased, the Bidder proposes to do the additional work at the prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of the actual quantities at the unit price Bid and will make no claim for anticipated profits for any decrease in quantities and that actual quantities will be determined upon completion of the work at which time adjustments will be made to the contract amount by direct increase or decrease. The Bidder understands that the Owner reserves the right to reject any or all Bids and to waive any informality in the Bid. The Bidder understands that Owner reserves the right to supply materials for the SEWER MANHOLE REPLACEMENT AND BYPASS. If the Owner provides any materials for the items listed in the Bid Proposal, the bid unit price shall be adjusted by deducting the actual material invoice cost paid by the Owner calculated on a unit price basis matching the units listed in the proposal. The Bidder further agrees that any Contractor furnished materials required for SEWER MANHOLE REPLACEMENT AND BYPASS Work shall be paid at actual invoice cost which shall include all applicable sales taxes and costs of transportation and storage. The allowable markup for Contractor furnished materials required for SEWER MANHOLE REPLACEMENT AND BYPASS Work shall be 15% over invoice cost. 12

The Bidder further agrees that, in case of failure on his part to execute the contract agreement and bonds within fifteen (15) days after notification of award of contract, the Bid Bond or Certified Check accompanying his Bid and the monies payable thereon, shall be paid into the funds of the Owner as liquidated damages for such failure, otherwise the check or Bid Bond accompanying this Bid shall be returned to the Bidder according to the provisions of the Instructions to Bidders. Attached hereto is a for the sum of ($ ) according to the conditions of the Instructions to Bidders. Dollars, SEAL (if Bid is by Corp.) Name of Bidder Signature Title Address of Bidder Telephone No. Georgia Utility Contractor License No. City, State &Zip Code Fax No. E-mail (Note: Ga. Utility Contractor License No. must also be marked on the front of the envelope.) 13

IV NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of County, being first duly sworn, deposed and says that: (1) He is of (owner, partner, officer, representative, or agent), the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid is genuine and is not a collusive or sham Bid: (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from Bid in connection with such Contract, or has in any manner directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the TOWN OF TYRONE or any person interested in the proposed Contract and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. BY: TITLE: Subscribed and sworn to before me this day of, 20. (Notary Public) My commission expires, 20. 14

State of County V E-VERIFY COMPLIANCE AFFIDAVIT OF PRIME BIDDER, being first duly sworn, deposed and says that: (1) He is of (owner, partner, officer, representative, or agent), the Bidder that has submitted the attached Bid; (2) He or his Designated Agent has registered for and is participating in a qualifying federal work authorization program (E-Verify program) according to Federal Acquisition Rules pursuant to the Immigration Reform and Control Act of 1986 ( IRCA ). (3) He is in full compliance with the requirements of Georgia Security and Immigration Compliance Act pursuant to O.C.G.A. 13-10-91. (4) He will continue to comply with the requirements of the Georgia Security and Immigration Compliance Act for all future new hires. (5) He further agrees that, should the Bidder employ or contract with any Subcontractor(s) in connection with the physical performance of services within this state pursuant to this contract, the undersigned will secure from such Subcontractor(s) a verification of compliance with O.C.G.A. 13-10-91 using a form substantially similar to this form. (6) He further agrees that the Bidder will maintain records of compliance and provide a copy of each Subcontractor s verification to the public employer at the time the Subcontractor is to retained to perform such service. BY: TITLE: Subscribed and sworn to before me this day of, 20. (Notary Public) My commission expires, 20. Provide the following required information: E-Verify User Authorization Number: Date of Authorization: 15

SB529 (The Ga Security and Immigration and Compliance Act) requires contractors to file an affidavit that the contractor and its Subcontractors have registered and participate in a federal work authorization program intended to insure that only lawful citizens or lawful immigrants are employed by the contractor or Subcontractor. This requirement of SB529 is a phased-in affidavit filing requirement based on the size of the contractor. Contractors with 500 or more employees are required to file an affidavit of compliance beginning 7/1/07. However, because the requirement is set forth in OCGA 13-10-91 which is a part of Chapter 10 of Title 13 governing public works contracts, the affidavit filing requirements of SB529 therefore only apply to public works contract. A. In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq.,contractor must initial one of the sections below: Contractor has 500 or more employees and Contractor warrants that Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at https://www.visdhs.com/employerregistration and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et.seq. Contractor has 100-499 employees and Contractor warrants that no later than July 1, 2008, Contractor will register at https://www.vis-dhs.com/employerregistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq. Contractor has 99 or fewer employees and Contractor warrants that no later than July 1, 2009, Contractor will register www.vis-dhs.com/employerregistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et. seq. B. Contractor warrants that Contractor has included a similar provision in all written agreements with any Subcontractors engaged to perform services under this Contract. Signature Title Firm Name: Street/Mailing Address: City, State, Zip Code: Telephone Number: Email Address: SUBCONTRACTOR AFFIDAVIT 16

By executing this affidavit, the undersigned Subcontractor verifies its compliance with O.C.G.A. 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with [NAME OF CONTRACTOR] on behalf of [NAME OF PUBLIC EMPLOYER] has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. EEV / Basic Pilot Program* User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF, 20 Notary Public My Commission Expires: * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the EEV / Basic Pilot Program operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). 17

VI BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the TOWN OF TYRONE 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, successors and assigns. Signed, this day of, 2013. The Condition of the above obligation is such that whereas the Principal has submitted to TOWN OF TYRONE a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT. 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. 18

PRINCIPAL (L.S.) SURETY BY 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. 19

VII AGREEMENT THIS AGREEMENT, made this _ day of, 2013, by and between TOWN OF TYRONE hereinafter called OWNER and (Name of Contractor) doing business as an (individual, partnership, corporation) hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of the SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT and all other incidental work required by the Contract Documents for a complete project hereinafter called the WORK. 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS according to the following conditions: SEWER MANHOLE REPLACEMENT AND BYPASS Work: The Bidder hereby agrees to commence SEWER MANHOLE REPLACEMENT AND BYPASS work under this contract according to the following conditions. The TOWN OF TYRONE hereafter referred to as the Owner, hereby defines SEWER MANHOLE REPLACEMENT AND BYPASS for this contract as follows: The site preparation, soil stabilization and grading necessary to properly construct an in-line bypass of the existing wet well and identified manholes, as part of a rehabilitation project to restore the structural integrity of the aforementioned component pieces of the Town s Sanitary Sewer System. Time is of the essence to the contract Documents and all obligations thereunder. The Contractor acknowledges and recognizes that the Owner is entitled to the full and beneficial occupancy and use of the completed Work following expiration of the Contract Time for the SEWER MANHOLE REPLACEMENT AND BYPASS project and that the Owner has binding agreements and public trust commitments based upon the Contractor achieving Substantial Completion of the Work within the Contract Time. The Contractor further acknowledges and agrees that if the Contractor fails to achieve Substantial Completion of any portion of the Work within the Contract Time, the Owner will sustain extensive damages and serious loss as a result of such failure as well as potential breaches of its public trust. The exact amount of such damages will be extremely difficult to ascertain. Therefore, the Owner and Contractor agree as follows in this paragraph: a. If the Contractor fails to achieve Substantial Completion of the Work within the Contract Time or as otherwise required by the Contract Documents for SEWER MANHOLE REPLACEMENT AND BYPASS work, the Owner shall be entitled to retain or recover from the Contractor, not as a penalty, but as 20

liquidated damages representing an estimate of daily damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Such liquidated damages are hereby agreed to be a reasonable pre-estimate of Damages the Owner will incur as a result of the delayed completion of the Work. b. The Owner may deduct liquidated damages described in the above paragraph from any unpaid amounts then or thereafter due the Contractor under this Agreement. The Owner may also, when the Owner reasonably believes that Substantial Completion will be inexcusably delayed, withhold from any amounts otherwise due to the Contractor an amount believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. c. Such liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the contract. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of ($ ) or as shown in the BID schedule. 5. The term CONTRACT DOCUMENTS means and includes the following: A. Advertisement for Bids B. Instructions to Bidders C. Bid D. Non-Collusion Affidavit of Prime Bidder E. Bid Bond F. Agreement G. Performance Bond H. Payment Bond I. Certificate of Owner s Attorney J. General Conditions K. Supplementary Conditions L. Supplemental General Conditions M. Technical Specifications N. ADDENDA: No., dated, ADDENDA: No., dated, ADDENDA: No., dated, 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. The retainage of each partial pay estimate shall be in accordance with the Supplementary Conditions. 21

7. The OWNER will pay to the CONTRACTOR an initial Administrative Fee in the amount of 1.0% of the Bid Amount to cover all costs associated with the execution of this Agreement including, but not limited to, the cost of providing the required Performance and Payment Bonds for the Project. The Administrative Fee shall be paid to the CONTRACTOR in the manner and at such times as set forth in the General Conditions whether or not any additional work is awarded in accordance with this Agreement. There will be no retainage withheld on the Administrative Fee. The Administrative Fee for this project shall be $ and is included and a portion of the total agreement amount listed in Paragraph 4 of this Agreement. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns for a period of 12 months after the effective date of the Agreement. 9. This Agreement may be extended for an additional 12 months upon mutual agreement of both parties in the form of a properly executed written change order. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in four (4 ) copies, each of which shall be deemed an original on the date first above written. OWNER: TOWN OF TYRONE 881 Senoia Road Tyrone, Georgia 30290 BY: NAME: Title: (Please Type) (SEAL) ATTEST: Name: (Please Type) Title: CONTRACTOR: BY: NAME: (SEAL) (Please Type) ADDRESS: 22

ATTEST: Name: (Please Type) Title: 23

VIII PERFORMANCE BOND KNOW ALL MEN BY THE PRESENTS: that, a corporation of the State of, the Principal, and, the Surety, are held and firmly bound unto the TOWN OF TYRONE (the Owner ) existing under and by virtue of the laws of the State of Georgia, in the sum of dollars ($ ), in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. The condition of this obligation is such that whereas Principal has entered into a certain Contract with the Owner, dated as of the day of, 2013, which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT NOW, THEREFORE, if the Principal shall in all respects comply with and perform all the terms and conditions of the Contract, which includes the Drawings, in said contract as the documents therein provide for, during the original term thereof and any extensions thereof which may be granted by the Owner, with or without notice to Sureties, and during the one-year warranty period, and if Principal shall satisfy all claims and demands and shall indemnify and save harmless the Owner against and from all costs, expenses, attorney s fees, court costs, litigation expenses, damages, injury, or conduct, want of care, skill, negligence, or default, including compliance with performance guarantees and patent infringement by the Principal, then this obligation shall be void; otherwise, Principal and Sureties jointly and severally agree to pay the Owner any difference between the sum to which the Principal would be entitled on the completion of the Contract and that which the Owner may be obliged to pay for the completion of the work by Contract or otherwise, together with any damages, direct or indirect, on account of the failure of the Principal to keep and execute all provisions of the Contract, or on account of the failure of the Sureties to keep and execute all provisions of the bond. Principal and Sureties further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that if the Principal shall keep and perform its agreement to repair or replace defective work or equipment during the warranty period of one (1) year as provided, then this paragraph shall be void; but if default shall be made by Principal in the performance of its contract to so repair or replace said work, then this paragraph shall be in effect and Owner shall have and recover from Principal and its Sureties damages for all defective conditions arising by reason of defective materials, work, or labor performed by or on the account of Principal and it is further understood and agreed that this obligation shall be a continuing one against the Principal and Sureties hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation therein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time; If, pursuant to the Contract Documents, the Contractor shall be declared in default by the Owner under the aforesaid Contract, the Sureties may promptly remedy the default or shall promptly complete the Contract in accordance with its terms and conditions. It shall be the duty of the Sureties to give an unequivocal notice in writing to the Owner, within fifteen (15) days after receipt of a declaration of default, of the Sureties election to either remedy the default or defaults promptly or to perform the Contract promptly, time being of the essence. In said notice of election, the Sureties shall indicate the date on which the remedy or performance will commence which shall be no later than thirty (30) days 24

from the date of receipt of the declaration of default, and it shall then be the duty of the Sureties to give prompt notice in writing to the Owner immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishing of each omitted item of work, and (d) the performance of the contract. The Sureties shall not assert solvency of its Principal as justification for its failure to give notice of election or for its failure to promptly remedy the default or defaults or perform the Contract. Supplementary to and in addition to the foregoing, whenever the Owner shall notify the Sureties that the Owner has notice that the Principal has failed to pay any Subcontractor, material man, or laborer for labor or materials certified by the Principal as having been paid for by the Principal in accordance with said periodical estimate and paid for by the Owner, the Sureties shall, within fifteen (15) days of receipt of such notice cause to be paid any unpaid amounts for such labor and materials. It is expressly agreed by the Principal and the Sureties that the Owner, if it desires to do so, is at liberty to make inquiries at any time of Subcontractors, laborers, material men, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the Owner named herein or the legal successors of the owner. And the Surety, for value received, hereby stipulates and agrees that the obligations of the Sureties and this Bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the Contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to be performed, or of any moneys due to become due thereunder; and the modification, omissions, additions, changed payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, Subcontractors, and other transferees shall have the same effect as to said Sureties as though done or omitted to be done by and in relation to the Principal. In the event that the Owner is required to enforce this Bond through any type of legal proceeding, the Principal and Sureties shall pay all costs, including but not limited to attorney s fees, court costs, expert witness fees, litigation expenses, and any other cost incurred by the Owner in the enforcement of this Bond. Any notice required to be given under the terms of this document shall be deemed to have been given on the date the same is hand-delivered to the parties to this document of on the date the same is deposited in the United States mail to the address hereinafter stated with sufficient postage affixed thereto to insure delivery of said notice. As to the Owner: TOWN OF TYRONE 881 Senoia Road Tyrone, Georgia 30290 25

As to the Principal: As to the Sureties: PRINCIPAL: By: Name: Title: ATTEST: Name: Title: (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual, by a Notary. 26

SURETY: By: Name: Title: Agency: Address: WITNESS: Name: (Please Print or Type) Title: (SEAL) Note: Surety companies executing Bonds must be approved by the Owner. 27

IX PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that,a corporation in the State of, the Principal, and, the Surety, are held and firmly bound to the TOWN OF TYRONE (the Owner ) existing under and by virtue of the laws of the State of Georgia, in the sum of dollars ($ ), in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. The condition of this obligation is such that whereas Principal has entered into a certain Contract with the Owner, dated as of the day of, 2013, which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: SEWER MANHOLE REPLACEMENT AND BYPASS CONTRACT. NOW, THEREFORE, if the Principal shall fully pay for all the labor and materials used by said Principal or any immediate or remote Subcontractor or furnisher of labor or materials under him in the performance of the work in lawful money of the United States as the same shall become due, including all amounts due for materials, lubricants, oil, gasoline, electricity, coal and coke, repairs on machinery, equipment, and tools, consumed or used in connection with performance of the work and all insurance premiums and other charges incurred under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Principal and Surety further bind themselves, their heirs, executors, administrators and assigns, jointly and severally, that they shall promptly make payments of all taxes, licenses, assessments, contributions, penalties, and interest thereon, when, and if, the same may be lawfully due the State of Georgia or any County, Municipality, or political subdivision thereof by reason of and directly connected with the performance of the contract, or any part thereof. And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this Bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, or any work to be performed, or of any moneys due to become due thereunder; and the said Surety does hereby waive notice of any and all such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, Subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. And the Surety, for value received, received, hereby acknowledges and agrees that no final settlement between the Owner and the Contractor shall abridge the right for any beneficiary hereunder whose claim may be unsatisfied. In the event that the Owner is required to enforce this Bond through any type of legal proceeding, the Contractor and Sureties shall pay all costs, including but not limited to attorney s fees, court costs, expert witness fees, litigation expenses, and any other cost incurred by the Owner in the enforcement of this Bond. 28