APPENDIX B
STANDARD FORM OF
FIXED PRICE CONSTRUCTION CONTRACT
BETWEEN
THE DEKALB COUNTY BOARD OF EDUCATION
AND
_________________________________________
[CONTRACTOR]
PROJECT:
Project
Address:
Cost Code:
Fixed Price Contract (No Architect)
TABLE OF CONTENTS
ARTICLE 1 DOCUMENTS INCORPORATED BY REFERENCE .......................................................... 1
ARTICLE 2 REPRESENTATIONS OF THE CONTRACTOR ................................................................ 1
2.1 Generally ..................................................................................................................... 1
ARTICLE 3 CONTRACT CONSTRUCTION ........................................................................................... 1
3.1 Intent and Interpretation .............................................................................................. 1
3.2 Ownership .................................................................................................................... 2
ARTICLE 4 CONTRACTOR'S PERFORMANCE ................................................................................... 3
4.1 Generally ..................................................................................................................... 3
ARTICLE 5 TIME FOR CONTRACTOR'S PERFORMANCE ................................................................. 3
5.1 Time for Performance .................................................................................................. 3
5.2 Liquidated Damages for Delay .................................................................................... 3
5.3 Substantial Completion ................................................................................................ 3
5.4 Time is of the Essence ................................................................................................ 3
ARTICLE 6 FIXED PRICE AND CONTRACT PAYMENTS ................................................................... 4
6.1 Contract Price .............................................................................................................. 4
6.2 Schedule of Values ...................................................................................................... 4
6.3 Payment Procedures ................................................................................................... 4
6.4 Payments by Contractor .............................................................................................. 5
6.5 Refusal to Make Payment ........................................................................................... 5
6.6 Inspection at Substantial Completion .......................................................................... 5
6.7 Final Completion .......................................................................................................... 5
6.8 Final Inspection; Final Approval for Payment .............................................................. 5
6.9 Time for Final Completion; Liquidated Damages for Delay in Final Completion ........ 6
6.10 Conditions Precedent to Final Payment ...................................................................... 6
6.11 Final Payment .............................................................................................................. 6
ARTICLE 7 INFORMATION AND MATERIAL SUPPLIED BY THE OWNER ........................................ 6
7.1 Generally ..................................................................................................................... 6
7.2 Easements ................................................................................................................... 6
7.3 Owner's Representative .............................................................................................. 6
ARTICLE 8 DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR ................. 7
8.1 Generally ..................................................................................................................... 7
8.2 Warranty ...................................................................................................................... 8
8.3 Schedule for Completing Work .................................................................................... 8
ARTICLE 9 INDEMNITY ......................................................................................................................... 8
9.1 General Indemnity ....................................................................................................... 8
9.2 Enforcement of This Agreement .................................................................................. 8
ARTICLE 10 CLAIMS BY THE CONTRACTOR ....................................................................................... 8
10.1 Generally ..................................................................................................................... 8
10.2 Delays Generally ......................................................................................................... 9
10.3 Weather Delays ........................................................................................................... 9
ARTICLE 11 SUBCONTRACTORS........................................................................................................ 10
Fixed Price Contract (No Architect)
ARTICLE 12 CHANGE ORDERS ........................................................................................................... 10
12.1 Generally.................................................................................................................... 10
ARTICLE 13 DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK ............... 10
13.1 Work in Violation of Contract ..................................................................................... 10
13.2 Work in Conformity with Contract .............................................................................. 11
13.3 Defective or Nonconforming Work............................................................................. 11
13.4 Duty to Correct Defective or Nonconforming Work ................................................... 11
13.5 Owner's Option .......................................................................................................... 11
ARTICLE 14 TERMINATION BY THE CONTRACTOR ......................................................................... 11
ARTICLE 15 OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE .......................... 11
ARTICLE 16 TERMINATION BY THE OWNER ..................................................................................... 12
16.1 Termination for Convenience .................................................................................... 12
16.2 Termination for Cause ............................................................................................... 12
ARTICLE 17 INSURANCE ...................................................................................................................... 13
ARTICLE 18 SURETY BONDS .............................................................................................................. 13
ARTICLE 19 PROJECT RECORDS ....................................................................................................... 13
ARTICLE 20 APPLICABLE LAW ............................................................................................................ 13
ARTICLE 21 SUCCESSORS AND ASSIGNS ........................................................................................ 13
EXHIBIT "A" REQUIRED INSURANCE.................................................................................................. 15
EXHIBIT "B" LIQUIDATED DAMAGES ..................................................................................................... 18
EXHIBIT "C" IMMIGRATION AND SECURITY FORM.............................................................................. 19
EXHIBIT "D" CONTRACTOR AFFIDAVIT ................................................................................................... 20
EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT ........................................................................................... 21
Fixed Price Contract (No Architect)
This FIXED PRICE CONSTRUCTION CONTRACT(the "Contract") is made and entered into by
and between THE DEKALB COUNTY BOARD OF EDUCATION (the “Owner”) and
_____________________________________ (the "Contractor"). This Contract shall be effective on the
date executed by the last party to execute it.
This Contract is for the construction of a project identified as
____________________________________________________________________________________
_______________________________________________________________________ (the "Project").
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,
the parties agree as follows:
ARTICLE 1
DOCUMENTS INCORPORATED BY REFERENCE
This Contract includes this instrument, all exhibits hereto, the plans and specifications for the
Project identified thereon as such, the Contractor’s Bid, Special Conditions and all Addenda issued prior to
execution of the Contract, plus the following (if any):
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________,
all of which are hereby incorporated herein by reference and made a part hereof. Change Orders issued
hereafter, and any other amendments executed by the Owner and the Contractor, shall become and be a
part of this Contract. Documents not included or expressly contemplated in this Article 1 do not, and shall
not, form any part of this Contract.
ARTICLE 2
REPRESENTATIONS OF THE CONTRACTOR
2.1 Generally. In order to induce the Owner to execute this Contract and recognizing that the
Owner is relying thereon, the Contractor, by executing this Contract, makes the following express
representations to the Owner:
2.1.1 The Contractor is fully qualified to act as the contractor for the Project and has,
and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor
for, and to construct, the Project.
2.1.2 The Contractor has visited, inspected and become familiar with the Project site and
the local conditions under which the Project is to be constructed and operated.
2.1.3 The Contractor has received, reviewed and carefully examined all of the
documents which make up this Contract, including, but not limited to, the plans and specifications, and
believes them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for
construction.
ARTICLE 3
CONTRACT CONSTRUCTION
3.1 Intent and Interpretation. With respect to the intent and interpretation of this Contract, the
Owner and the Contractor agree as follows:
3.1.1 This Contract, together with the Contractor's and Surety's performance and
payment bonds for the Project, constitute the entire and exclusive agreements between the parties with
Fixed Price Contract (No Architect) 1
reference to the Project, and said Contract supersedes any and all prior discussions, communications,
representations, understandings, negotiations, or agreements. This Contract also supersedes any bid
documents, but only to the extent that it is inconsistent therewith.
3.1.2 Anything that may be required, implied or inferred by the documents which make
up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price.
3.1.3 Nothing contained in this Contract shall create, nor be interpreted to create, privity
or any other relationship whatsoever between the Owner and any person except the Contractor.
3.1.4 Each of the documents which make up this Contract is complementary and shall
be interpreted so that what is called for by one shall be as binding as if called for by all. The Owner makes
no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The
Contractor acknowledges and represents that it has not, does not, and will not rely upon any
representations or warranties by the Owner concerning such documents, as no such representations or
warranties have been or are hereby made.
3.1.5 In the event of any conflict, discrepancy, or inconsistency among any of the
documents which make up this Contract, interpretation will be based on the following priority:
3.1.5.1 Addenda (if any), with those of later date having precedence over those of
earlier date.
3.1.5.2 This Agreement.
3.1.5.3 Supplemental or Special Conditions (if any).
3.1.5.4 Specifications.
3.1.5.5 Plans, with the following priority:
(a) As between figures given on plans and scaled measurements, the
figures shall govern.
(b) As between large scale plans and small scale plans, the large scale
plans shall govern.
3.1.6 Whenever an item is specified or shown on the plans by detail or reference, it shall
be considered typical for other items which are obviously intended to be the same even though not so
designated or specifically named but do serve the same function in the building.
3.1.7 Any material specified by reference to the number, symbol, or title of a specific
standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other
similar standard, shall comply with the requirements in the latest revision thereof and any amendment or
supplement thereto in effect on the date indicated on the specifications, except as limited, or modified in
such references. The standards referred to, except as modified in the Contract, shall have full force and
effect as though printed in the Contract. The Contractor shall make itself aware of the contents of such
standards.
3.2 Ownership. The documents which make up this Contract, and each of them, as well as
any other documents furnished by the Owner, shall remain the property of the Owner. The Contractor shall
have the right to keep one (1) copy of the Contract upon completion of the Project; provided, however, that
in no event shall the Contractor use, or permit to be used, any portion or all of such Contract on other
projects without the Owner's prior written authorization.
Fixed Price Contract (No Architect) 2
ARTICLE 4
CONTRACTOR'S PERFORMANCE
4.1 Generally. The Contractor shall perform all of the Work required, implied or reasonably
inferable from this Contract including, but not limited to, the following:
4.1.1 Construction of the Project.
4.1.2 The furnishing of required surety bonds and insurance.
4.1.3 The provision, and prompt payment therefore, of labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel,
heat, light, cooling, or other utilities, required for construction and all necessary building permits and other
permits required for the construction of the Project.
4.1.4 The creation and submission to the Owner of detailed and comprehensive as-built
drawings depicting all as-built construction. Said as-built drawings shall be submitted to the Owner upon
Final Completion of the Project and receipt of same by the Owner shall be a condition precedent to final
payment to the Contractor.
4.1.5 The Contractor shall develop a written site safety plan incorporating the most
recent site evacuation plan submitted by the Owner and shall submit such safety plan to the Owner for
review and comment. The Contractor shall be solely responsible for site safety.
ARTICLE 5
TIME FOR CONTRACTOR'S PERFORMANCE
5.1 Time for Performance. The Contractor shall commence the performance of this Contract
on the day the Contractor receives a written Notice to Proceed from the Owner, or such later date as may
be set forth therein, and shall diligently continue its performance to and until Final Completion of the Project.
The Contractor shall accomplish Substantial Completion of the Project on or before
___________________.
5.2 Liquidated Damages for Delay. The Contractor shall pay the Owner for each and every
calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for
Substantial Completion the sum indicated at Exhibit “B” attached hereto and by reference made a part
hereof. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as
liquidated damages representing an estimate of delay damages likely to be sustained by the Owner. When
the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall
be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then
believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and
when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for
which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds
withheld, but no longer applicable, as liquidated damages.
5.3 Substantial Completion. The term "Substantial Completion", as used herein, shall mean
that point at which, as certified in writing by the Owner, the Project is at a level of completion in strict
compliance with this Contract such that the Owner can enjoy beneficial use or occupancy and can use or
operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result
in the Project being deemed substantially complete, and such partial use or occupancy shall not be
evidence of Substantial Completion.
5.4 Time Is Of The Essence. All limitations of time set forth herein are material and are of the
essence of this Contract.
Fixed Price Contract (No Architect) 3
ARTICLE 6
FIXED PRICE AND CONTRACT PAYMENTS
6.1 Contract Price. The Owner shall pay, and the Contractor shall accept, as full and complete
payment for the Contractor's timely performance of its obligations hereunder the fixed price of
_______________________________ Dollars ($______________). The price set forth in this Paragraph
6.1 shall constitute the Contract Price, which shall not be modified except by Change Order as provided in
this Contract.
6.2 Schedule of Values. Within ten (10) calendar days of the effective date hereof, the
Contractor shall prepare and present to the Owner the Contractor's Schedule of Values apportioning the
Contract Price among the different elements of the Project for purposes of periodic and final payment. The
Contractor's Schedule of Values shall be presented in whatever format, with such detail, and backed up
with whatever supporting information the Owner requests. The Contractor's Schedule of Values will be
utilized for the Contractor's Payment Requests but shall only be so utilized after it has been acknowledged
in writing by the Owner.
6.3 Payment Procedures. The Owner shall pay the Contract Price to the Contractor in
accordance with the procedures set forth in this Article 6. On or before the _______ day of each month
after commencement of performance, but no more frequently than once monthly, the Contractor may submit
a Payment Request for the period ending the ______ day of the month. Said Payment Request shall be in
such format and include whatever supporting information as may be required by the Owner.,. Therein, the
Contractor may request payment for ninety percent (90%) of that part of the Contract Price allocable to
Contract requirements properly provided, labor, materials and equipment properly incorporated in the
Project, and materials or equipment necessary for the Project and properly stored at the Project site (or
elsewhere if offsite storage is approved in writing by the Owner), less the total amount of previous payments
received from the Owner. Any payment on account of stored materials or equipment will be subject to the
Contractor providing written proof that the Owner has title to such materials or equipment and that they are
fully insured against loss or damage. Moreover, any sums approved for stored materials shall be at actual
cost and shall not include markup by Subcontractor or Contractor. Actual cost means costs charged by the
manufacturer or the distributor for the manufacturer and Payment Request shall include copies of invoices
from the manufacturer or the distributor.
Prior to or concurrent with Contractor’s second Payment Request, Contractor shall submit
to Owner a draft proposed closeout submittal for review and comment by the Owner. If the Owner provide
comments, Contractor shall make any required changes to the draft proposed closeout submittal and
resubmit to the Owner with Contractor’s next Payment Request.
When fifty percent (50%) of the Contract Price, as it may be adjusted, is due and the
manner of completion of the Work and its progress are reasonably satisfactory to the Owner, the Owner
shall withhold no more retainage. If, after discontinuing the retention, the Owner determines that the Work
is unsatisfactory or has fallen behind schedule, retention shall be resumed at the previous level.
Each Payment Request shall be signed by the Contractor and shall constitute the
Contractor's representation that the quantity of work has reached the level for which payment is requested,
that the Work has been properly installed or performed in strict compliance with this Contract, and that the
Contractor knows of no reason why payment should not be made as requested.
Thereafter, the Owner shall review the Payment Request and may also review the Work at
the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented
in the Payment Request and is as required by this Contract. The Owner shall approve in writing the amount
which, in the opinion of the DCSD Owner, is properly owing to the Contractor. The Owner, after the approval
of the Georgia Department of Education, shall make payment to the Contractor within thirty (30) days
following the Owner’s written approval of each Payment Request. The amount of each such payment shall
be the amount approved for payment by the Owner less such amounts, if any, otherwise owing by the
Contractor to the Owner or which the Owner shall have the right to withhold as authorized by this Contract.
The submission by the Contractor of a Payment Request also constitutes an affirmative representation and
Fixed Price Contract (No Architect) 4
warranty that all Work for which the Owner has previously paid is free and clear of any lien, claim, or other
encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if
required by the Owner, also furnish to the Owner properly executed waivers of lien, in a form acceptable to
the Owner, from all subcontractors, materialmen, suppliers or others having lien rights, wherein said
subcontractors, materialmen, suppliers or others having lien rights, shall acknowledge receipt of all sums
due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims
relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the
Payment Request submitted, title to all Work included in such payment shall be vested in the Owner.
6.4 Payments by Contractor. When payment is received from the Owner, the Contractor shall
immediately pay all subcontractors, materialmen, laborers and suppliers the amounts they are due for the
Work covered by such payment. In the event the Owner becomes informed that the Contractor has not
paid a subcontractor, material man, laborer, or supplier as provided herein, the Owner shall have the right,
but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder
naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. Such
joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity
beyond the right of the named payees to payment of the check and shall not be deemed to commit the
Owner to repeat the procedure in the future.
6.5 Refusal to Make Payment. The Owner shall have the right to refuse to make payment
and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor
due to claims made, or likely to be made, against the Owner or its property. In the event that the Owner
makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in
this Paragraph 6.5 the Contractor shall promptly comply with such demand.
6.6 Inspection at Substantial Completion. When Substantial Completion has been achieved,
the Contractor shall notify the Owner in writing and shall furnish to the Owner a detailed and quantified
punchlist of those matters yet to be finished and proposed cost estimates for each item on the punchlist.
The Owner’s Representative will thereupon conduct an inspection to confirm that the Work is in fact
substantially complete and shall review the Contractor’s punchlist for accuracy as to the items on the
punchlist and the Contractor’s cost estimate for completing each item on the punchlist. Upon its
confirmation that the Contractor's Work is substantially complete and approval of the punchlist and cost
estimates and upon delivery of the Contractor’s punchlist to the Owner and the approval by Owner of the
punchlist, the Owner’s Representative will so certify to the Owner and Contractor in writing and will therein
set forth the date of Substantial Completion. Guarantees and equipment warranties required by this
Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the Owner
shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred
percent (100%) of the Contract Price less any amounts attributable to liquidated damages, together with
two hundred percent (200%) of the reasonable costs as determined by the Owner for completing all
incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and
handling any outstanding or threatened claims.
6.7 Final Completion. "Final completion" means the completion of all Work required by, and
in strict compliance with, the Contract, including start-up, testing, obtaining regulatory approvals from all
applicable authorities, and all preparations necessary to operate the Project.
6.8 Final Inspection; Final Approval for Payment. When the Project is finally complete and
the Contractor is ready for a final inspection, it shall notify the Owner thereof in writing. Thereupon, the
Owner’s Representative will perform a final inspection of the Project. If the Owner’s Representative
confirms that the Project is complete in full accordance with this Contract and that the Contractor has
performed all of its obligations to the Owner hereunder including completion of all items on the Contractor’s
punchlist to the satisfaction of the Owner’s Representative, the Owner’s Representative will furnish a final
Approval for Payment to the Owner certifying to the Owner that the Project is complete and the Contractor
is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract.
Prior to being entitled to receive the payment described in the immediately preceding sentence, and as a
condition precedent thereto, Contractor shall furnish Owner, in form and manner acceptable to Owner,
consent(s) of surety to release retainage, together with an original power of attorney with current certificate
attached thereto.
Fixed Price Contract (No Architect) 5
6.9 Time for Final Completion; Liquidated Damages for Delay in Final Completion. If the
Contractor fails to achieve final completion within 30 days of the date of Substantial Completion, the
Contractor shall pay the Owner one-tenth (1/10) of the sum indicated at Exhibit “B” per day for each and
every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for
final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable,
not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be
sustained by the Owner. When the Owner reasonably believes that final completion will be inexcusably
delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the
Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable
to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part
thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor
those funds withheld, but no longer applicable, as liquidated damages.
6.10 Conditions Precedent to Final Payment. Prior to being entitled to receive final payment,
and as a condition precedent thereto, the Contractor shall furnish the Owner, in the form and manner
required by Owner, if any:
6.10.1 An affidavit that all of the Contractor's obligations to subcontractors, laborers,
equipment or material suppliers, or other third parties in connection with the Project, have been paid or
otherwise satisfied.
6.10.2 If required by the Owner, separate releases of lien or lien waivers from each
subcontractor, lower tier subcontractor, laborer, supplier or other person or entity who has, or might have a
claim against the Owner or the Owner's property.
6.10.3 Consent(s) of Surety to final payment.
6.10.4 All product warranties, operating manuals, instruction manuals and other record
documents, drawings and things customarily required of the Contractor, or expressly required herein, as a
part of or prior to Project closeout.
6.11 Final Payment. The Owner shall, subject to its rights set forth in Paragraph 6.5 above,
make final payment of all sums due the Contractor within ten (10) days of the approval by the Georgia
Department of Education of the Owner’s Representative execution of a final Approval for Payment.
ARTICLE 7
INFORMATION AND MATERIAL SUPPLIED BY THE OWNER
7.1 Generally. If requested by the Contractor, the Owner shall furnish to the Contractor, prior
to the execution of this Contract, any and all written and tangible material in its possession concerning
conditions below ground at the site of the Project. Such written and tangible material, if any, is furnished
to the Contractor only in order to make complete disclosure of such material as being in the possession of
the Owner and for no other purpose. By furnishing such material, if any, the Owner does not represent,
warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no
liability therefore. The Owner shall also furnish, if appropriate, the legal description of the Project site, and
any required survey.
7.2 Easements. The Owner shall obtain all required easements, and the like but not the
building permit and other permits or fees required of the Contractor by this Contract, or permits and fees
customarily the responsibility of the Contractor.
7.3 Owner’s Representative. Owner shall retain an independent third-party consultant as its
Owner's Representative to review and approve Contractor's Work, including the furnishing of the final
Approval for Payment. Owner shall identify the Owner's Representative to Contractor within ten (10) day
of the date that Owner retains Owner's Representative. Owner's Representative shall act as Owner's
agent for the Project, shall approve or otherwise respond as necessary concerning shop drawings or
Fixed Price Contract (No Architect) 6
other submittals from Contractor, be authorized to refuse to accept Work which is defective or otherwise
fails to comply with the requirements of this Contract, and shall be authorized to require the Contractor to
make changes which do not involve a change in the Contract Price or in the time for the Contractor's
performance of this Contract consistent with the intent of this Contract. The duties, obligations and
responsibilities of the Contractor under this Contract shall in no manner whatsoever be changed, altered,
discharged, released, or satisfied by any duty, obligation or responsibility of the Owner's Representative.
The Contractor is not a third party beneficiary of any contract by and between the Owner and the Owner's
Representative. It is expressly acknowledged and agreed that the duties of the Contractor to the Owner
are independent of, and are not diminished by, any duties of the Owner's Representative to the Owner.
ARTICLE 8
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR
8.1 Generally. In addition to any and all other duties, obligations and responsibilities of the
Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations
and responsibilities to the Owner:
8.1.1 The Contractor shall not perform Work without adequate plans and specifications,
or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs Work knowing
or believing it involves an error, inconsistency or omission in the Contract without first providing written
notice to the Owner, the Contractor shall be responsible for such Work and pay the cost of correcting same.
8.1.2 All Work shall strictly conform to the requirements of this Contract.
8.1.3 The Work shall be strictly supervised, the Contractor bearing full responsibility for
any and all acts or omissions of those engaged in the Work on behalf of the Contractor.
8.1.4 The Contractor shall obtain and pay for all required permits, fees and licenses
customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable
to the Work.
8.1.5 The Contractor shall employ and maintain at the Project site only competent
supervisory personnel.
8.1.6 The Contractor shall keep an updated copy of this Contract at the site. Additionally,
the Contractor shall keep a copy of approved shop drawings, if any, and other submittals, if any. All of
these items shall be available to the Owner at all regular business hours. Upon Final Completion of the
Work, all of these items shall be finally updated and provided to the Owner and shall become the property
of the Owner.
8.1.7 Shop drawings and other submittals from the Contractor do not constitute a part of
the Contract. The Contractor shall not do any Work requiring shop drawings or other submittals unless
such shall have been approved in writing by the Owner. All Work requiring approved shop drawings or
other submittals shall be done in strict compliance with such approved documents. However, approval by
the Owner shall not be evidence that Work installed pursuant thereto conforms with the requirements of
this Contract. The Owner shall have no duty to review partial submittals or incomplete submittals. The
Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the
date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection.
The Contractor shall carefully review, inspect and examine any and all submittals before submission of
same to the Owner.
8.1.8 The Contractor shall maintain the Project site in a reasonably clean condition
during performance of the Work. Upon Final Completion, the Contractor shall thoroughly clean the Project
site of all debris, trash and excess materials or equipment.
8.1.9 At all times relevant to this Contract, the Contractor shall permit the Owner to enter
upon the Project site and to review or inspect the Work without formality or other procedure.
Fixed Price Contract (No Architect) 7
8.2 Warranty.
8.2.1 The Contractor hereby warrants that all labor furnished under this Contract shall be
competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results,
that all materials and equipment provided shall be new and of high quality, that the completed Work will be
complete, of high quality, without defects, and that all Work strictly complies with the requirements of this
Contract. Any Work not strictly complying with the requirements of this Subparagraph shall constitute a
breach of the Contractor's warranty.
8.2.2 The Contractor shall provide any and all specific or special warranties or
guarantees of materials, equipment, items, systems and other things as required elsewhere in this Contract.
8.3 Schedule for Completing Work. The Contractor, within fifteen (15) days of commencing
the Work, shall provide to the Owner and comply with, the Contractor's schedule for completing the Work.
Such schedule shall be in a form acceptable to the Owner.
ARTICLE 9
INDEMNITY
9.1 General Indemnity. The Contractor shall indemnify and hold the Owner harmless from any
and all claims, liability, damages, loss, liens, costs and expenses of every type whatsoever including,
without limitation, attorneys’ fees and expenses, arising out of or in connection with the Contractor’s
performance of this Agreement and the Work, to the extent caused by the Contractor, or anyone for whose
acts the Contractor is or may be responsible or liable, regardless of whether such liability, claim, damage,
loss, cost or expense is caused in part by the Owner. The Contractor shall not indemnify or hold harmless
the Owner against claims for damages, losses, or expenses, including attorneys’ fees, caused by or
resulting from the sole negligence of the Owner, or its officers, agents or employees; provided, however,
this indemnification obligation shall not be limited by any limitation on amount or type of damages,
compensation, or benefits payable by or for the Contractor or its subcontractors, sub-subcontractors, or
suppliers under workers’ compensation acts, disability benefit acts or other employee benefit acts.
9.2 Enforcement Of This Agreement. In the event Owner retains legal counsel to secure
performance by Contractor of any of its obligations under this Agreement, or if Owner retains or utilizes
such counsel to represent its interest with respect to any matter for which Contractor has an indemnity
obligation to Owner under any provision of this Agreement or otherwise, Contractor shall pay and reimburse
Owner for the cost of such counsel and shall further pay and reimburse Owner for any and all other cost
and expense incurred in preparing, negotiating, or prosecuting any claim against Contractor, including, but
not limited to, any and all expert witness fees and expenses.
ARTICLE 10
CLAIMS BY THE CONTRACTOR
10.1 Generally. Claims by the Contractor against the Owner are subject to the following terms
and conditions:
10.1.1 All Contractor claims against the Owner shall be initiated by a written claim
submitted to the Owner. Such claim shall be received by the Owner no later than seven (7) calendar days
after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in
detail all known facts and circumstances supporting the claim.
10.1.2 The Contractor and the Owner shall continue their performance hereunder
regardless of the existence of any claims submitted by the Contractor.
10.1.3 In the event the Contractor discovers previously concealed and unknown site
conditions which are materially at variance from those typically and ordinarily encountered in the general
geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon
Fixed Price Contract (No Architect) 8
the written claim made by either party within seven (7) calendar days after the first appearance to such
party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor
due to concealed and unknown conditions, the Contractor must give the Owner written notice of, and an
opportunity to observe, such condition prior to disturbing it.
10.1.4 In connection with any claim by the Contractor against the Owner for compensation
in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to
direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages
of the Contractor. The Owner shall not be liable to the Contractor for claims of third-parties including
subcontractors, unless and until liability of the Contractor has been established therefore in a court of
competent jurisdiction.
10.2 Delays Generally. In the event the Contractor is delayed in performing any task which at
the time of the delay is then critical, or which during the delay becomes critical, as the sole result of: (i) any
act or omission by the Owner or someone acting in the Owner's behalf, (ii) any Owner-authorized Change
Order, (iii) acts of God, (iv) unusually severe weather, (v) any order of a governmental authority having
jurisdiction over the Project which order is issued through no fault of the Contractor, (vi) acts of war, or (vii)
acts of terrorism, then the Substantial Completion Date, or as applicable, the date for Final Completion,
shall be appropriately adjusted by the Owner upon the written notice and claim of the Contractor to the
Owner for such reasonable time as Owner may determine. The Contractor’s sole remedy for delay caused
by any of the bases listed in this paragraph 10.2 shall be a time extension. A task is critical within the
meaning of this paragraph 10.2 if, and only if, said task is on the critical path of the Project schedule so that
a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension
of time by the Contractor shall strictly comply with the requirements of paragraph 10.1.1 above and such
notice shall be given by Contractor before proceeding to execute any additional or changed Work. If the
Contractor fails to make such claim as required in this paragraph 10.2, any claim for an extension of time
shall be waived. For the avoidance of doubt, the Contractor shall not be entitled to a time extension if the
Contractor is delayed in performing any task as a sole result of the following: (i) economic hardship, (ii)
changes in market conditions, (iii) late delivery or failure of materials, equipment, or supplies unless solely
caused by an act or omission by the Owner or someone acting in the Owner’s behalf, (iv) local or direct
strikes, or other similar labor actions, (v) unavailability of subcontractors, sub-subcontractors, or suppliers,
or (vi) nonperformance or delay by the Contractor or its subcontractors, sub-subcontractors, or suppliers.
10.2.1 “Unusually severe weather” as used above in paragraph 10.2 includes abnormal
and unexpected weather conditions including catastrophic storms or floods, lightning, tornadoes,
hurricanes, and earthquakes. The Contractor shall not be entitled to any extension of time due to adverse
weather conditions unless the number of adverse weather days in any given calendar month exceeds the
historic averages as maintained by the National Oceanic and Atmospheric Administration. Adverse weather
conditions is defined as the occurrence of one or more of the following conditions which prevents exterior
construction activity or access to the site within twenty-four (24) hours: (i) precipitation (rain, snow, or ice)
in excess of one-tenth inch (0.10’’) liquid measure, (ii) temperatures which do not rise above 32 degrees F
by 10:00 A.M., (iii) temperatures which do not rise above that specified for the day’s construction activity by
10:00 A.M. if any is specified, (iv) sustained wind in excess of twenty-five (25) mph, or (v) standing snow in
excess of one inch (1.00”). Weather conditions including precipitation (rain, snow, and hail) amounts and
times at the jobsite, activities and durations affected, shall be recorded on a daily basis and submitted to
the Owner on a weekly basis.
10.3 Weather Delays. No change in the Contract Price will be authorized because of
adjustment of contract time due to weather.
Fixed Price Contract (No Architect) 9
ARTICLE 11
SUBCONTRACTORS
Upon execution of this Contract, the Contractor shall identify to the Owner, in writing, those parties
intended as subcontractors on the Project. The Owner shall, in writing, state any objections the Owner may
have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an
intended subcontractor with whom the Owner objects. All subcontracts shall afford the Contractor rights
against the subcontractor which correspond to those rights afforded to the Owner against the Contractor
herein, including those rights of Contract termination as set forth herein below.
ARTICLE 12
CHANGE ORDERS
12.1 Generally. One or more changes to the Work within the general scope of this Contract,
may be ordered by Change Order. The Contractor shall proceed with any such changes, and same shall
be accomplished in strict accordance with the following terms and conditions:
12.1.1 Change Order shall mean a written order to the Contractor executed by the Owner
after execution of this Contract, and approved by the Georgia Department of Education, directing a change
in the Work and may include a change in the Contract Price or the time for the Contractor's performance,
or any combination thereof.
12.1.2 The Owner will not be responsible for any change in the Work involving extra costs
unless approval in writing is furnished by the Owner before such Work is begun.
12.1.3 Any change in the Contract Price resulting from a Change Order shall be
determined as follows:
(a) By mutual agreement between the Owner and the Contractor as evidenced by (1)
the change in the Contract Price being set forth in the Change Order, (2) such
change in the Contract Price, together with any conditions or requirements relating
thereto, being initialed by both parties and (3) the Contractor's execution of the
Change Order, or,
(b) If no mutual agreement occurs between the Owner and the Contractor, the change
in the Contract Price, if any, shall be derived by determining the reasonable actual
costs incurred or savings achieved, resulting from revisions in the Work. Such
reasonable actual costs or savings shall include a component for reasonable
overhead and profit. Any such costs or savings shall be documented in the format,
and with such content and detail as the Owner requires.
12.1.4 The Contractor shall notify and obtain the consent and approval of the Contractor's
Surety with reference to all Change Orders if such notice, consent or approval are required by the Owner,
and the Contractor's Surety or by law. The Contractor's execution of the Change Order shall constitute the
Contractor's warranty to the Owner that the Surety has been notified of, and consents to, such Change
Order and the Surety shall be conclusively deemed to have been notified of such Change Order and to
have expressly consented thereto.
ARTICLE 13
DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
13.1 Work in Violation of Contract. In the event that the Contractor covers, conceals or
obscures its Work in violation of this Contract or in violation of a directive from the Owner, such Work shall
be uncovered and displayed for the Owner's inspection upon request, and shall be reworked at no cost in
time or money to the Owner.
Fixed Price Contract (No Architect) 10
13.2 Work in Conformity with Contract. If any of the Work is covered, concealed or obscured
in a manner not covered by Paragraph 14.1 above, it shall, if directed by the Owner be uncovered and
displayed for the Owner's inspection. If the uncovered Work conforms strictly with this Contract, the costs
incurred by the Contractor to uncover and subsequently, replace such Work shall be borne by the Owner.
Otherwise, such costs shall be borne by the Contractor.
13.3 Defective or Nonconforming Work. The Contractor shall, at no cost in time or money to
the Owner, correct Work rejected by the Owner as defective or failing to conform to this Contract.
Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses
incurred as a result thereof.
13.4 Duty to Correct Defective or Nonconforming Work. In addition to its warranty obligations
set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or
nonconforming Work for a period of twelve (12) months following final completion upon written direction
from the Owner. The Owner shall promptly notify Contractor of any noted defective or nonconforming Work.
Contractor shall within two (2) working days respond by visiting the site and commencing, and promptly
completing, any necessary remedial Work including needed maintenance instructions to Owner’s
personnel.
Nothing contained in this Article 14 shall be construed to establish a period of limitation with respect
to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period
for correction of Work as described in Article 14.4 relates only to the specific obligation of the Contractor to
correct the Work, and has no relationship to the time within which the obligation to comply with the Contract
Documents may be sought to be enforced, nor to the time within which proceedings may be commenced
to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to
correct the Work.
13.5 Owner’s Option. The Owner may, but shall in no event be required to, choose to accept
defective or nonconforming Work. In such event, the Contract Price shall be reduced by the greater of (a)
the reasonable costs of removing and correcting the defective or nonconforming Work, and (b) the
difference between the fair market value of the Project as constructed and the fair market value of the
Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the
remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the
acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the Owner,
pay the Owner such remaining compensation for accepting defective or nonconforming Work.
ARTICLE 14
TERMINATION BY THE CONTRACTOR
If the Owner repeatedly fails to perform its material obligations to the Contractor for a period of
thirty (30) days after receiving written notice from the Contractor of its intent to terminate hereunder, the
Contractor may terminate performance under this Contract by written notice to the Owner. If the Owner
suspends Contractor’s performance for a period of more than sixty (60), through no fault of the Contractor,
then Contractor may, upon seven (7) days written notice to Owner, terminate this Contract. In either event,
the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the
Contractor's performance under this Contract for convenience pursuant to Paragraph 17.1 hereunder.
ARTICLE 15
OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
The Owner shall have the right at any time to direct the Contractor to suspend its performance, or
any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to
sixty (60) calendar days. If any such suspension is directed by the Owner, the Contractor shall immediately
comply with same. In the event the Owner directs a suspension of performance under this Article 16,
through no fault of the Contractor, the Owner shall pay the Contractor as full compensation for such
Fixed Price Contract (No Architect) 11
suspension the Contractor's reasonable costs, actually incurred and paid, of: (a) demobilization and
remobilization, including such costs paid to subcontractors; (b) preserving and protecting Work in place;(c)
storage of materials or equipment purchased for the Project, including insurance thereon; and (d)
performing in a later, or during a longer, time frame than that contemplated by this Contract.
ARTICLE 16
TERMINATION BY THE OWNER
16.1 Termination for Convenience. The Owner may, for any reason whatsoever, terminate
performance under this Contract by the Contractor for convenience. The Owner shall give written notice of
such termination to the Contractor specifying when termination becomes effective. The Contractor shall
incur no further obligations in connection with the Work and the Contractor shall stop Work when such
termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts.
The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders.
The Owner may direct the Contractor to assign the Contractor's right, title and interest under termination
orders or subcontracts to the Owner or its designee. The Contractor shall transfer title and deliver to the
Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information
and Contract rights as the Contractor has. When terminated for convenience, the Owner and the Contractor
may agree to the compensation, if any, due to the Contractor hereunder. Absent agreement to the amount
due to the Contractor, the Owner shall pay the Contractor the following amounts: (a) Contract prices for
labor, materials, equipment and other services accepted under this Contract; (b) reasonable costs incurred
in preparing to perform and in performing the terminated portion of the Work, and in terminating the
Contractor's performance, plus a fair and reasonable allowance for direct jobsite overhead and profit
thereon (such profit shall not include anticipated profit or consequential damages); provided however, that
if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract
would have been completed, no profit shall be allowed or included and the amount of compensation shall
be reduced to reflect the anticipated rate of loss, if any; and (c) reasonable costs of settling and paying
claims arising out of the termination of subcontracts or orders pursuant to this Paragraph. These costs
shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the
Contractor under this Paragraph 18.1 shall not exceed the total Contract Price, as properly adjusted,
reduced by the amount of payments otherwise made, and shall in no event include duplication of payment.
16.2 Termination for Cause. If the Contractor does not perform the Work, or any part thereof,
in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it
fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable
law, or otherwise commits a violation of a material provision of this Contract, then the Owner, in addition to
any other rights it may have against the Contractor or others, may terminate the performance of the
Contractor and assume possession of the Project site and of all materials and equipment at the site and
may complete the Work. In such case, the Contractor shall not be paid further until the Work is complete.
After final completion has been achieved, if any portion of the Contract Price, as it may be modified
hereunder, remains after the cost to the Owner of completing the Work, including all costs and expenses
of every nature incurred, has been deducted by the Owner, such remainder shall belong to the Contractor.
Otherwise, the Contractor shall pay and make whole the Owner for such cost. This obligation for payment
shall survive the termination of the Contract. In the event the employment of the Contractor is terminated
by the Owner for cause pursuant to this Paragraph 16.2 and it is subsequently determined by a Court of
competent jurisdiction that such termination was without cause, such termination shall thereupon be
deemed a Termination for Convenience under Paragraph 16.1 and the provisions of Paragraph 16.1 shall
apply.
ARTICLE 17
INSURANCE
The Contractor shall have and maintain insurance in accordance with the requirements of Exhibit
"A" attached hereto and incorporated herein by reference.
Fixed Price Contract (No Architect) 12
ARTICLE 18
SURETY BONDS
The Contractor shall furnish separate performance and payment bonds to the Owner. Each bond
shall set forth a penal sum in an amount equal to the Contract Price. Each bond furnished by the Contractor
shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in
such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the
penal sum of both the performance bond and the payment bond shall be deemed increased by like amount.
The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner
and shall be executed by a Surety, or Sureties, reasonably acceptable to the Owner.
ARTICLE 19
PROJECT RECORDS
All documents relating in any manner whatsoever to the Project, or any designated portion thereof,
which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made
available to the Owner for inspection and copying upon written request by the Owner. Furthermore, said
documents shall be made available, upon request by the Owner, to any state, federal or other regulatory
authority and any such authority may review, inspect and copy such records. Said records include, but are
not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape
recordings, videos, photographs, estimates, invoices, bills, receipts, canceled checks, vouchers or other
writings or things which document or involve in any manner the Project, its design, its cost, and its
construction. Said records expressly include those documents reflecting the cost of construction to the
Contractor and its Subcontractors. The Contractor shall maintain and protect these documents for no less
than four (4) years after final completion of the Project, or for any longer period of time as may be required
by law or good construction practice.
ARTICLE 20
APPLICABLE LAW
The law applicable to this Contract shall be the law of the State of Georgia.
ARTICLE 21
SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators or other representatives
to the other party hereto and to successors, assigns, executors, administrators or other representatives of
such other party in connection with all terms and conditions of this Contract. The Contractor shall not assign
this Contract without prior written consent of the Owner.
[SIGNATURES ON NEXT PAGE]
Fixed Price Contract (No Architect) 13
OWNER: CONTRACTOR:
DEKALB COUNTY BOARD OF EDUCATION
[TYPED NAME]
By: By:
[SIGNATURE] [SIGNATURE]
Mr. Diijon DaCosta Sr., Board Chairperson
[TYPED NAME & TITLE] [TYPED NAME & TITLE]
By:
[SIGNATURE]
Dr. Devon Q. Horton, Superintendent
[TYPED NAME & TITLE]
DeKalb County Board of Education
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083
[ADDRESS]
[DATE OF EXECUTION] [DATE]
Erick Hofstetter, Chief Operating Officer
Fixed Price Contract (No Architect) 14
EXHIBIT “A”
REQUIRED INSURANCE
(1) The Contractor shall purchase and maintain such insurance as will protect it from claims set forth below
which may arise out of or result from the Contractor’s operations under the Contract, whether such operations
be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable:
(a) claims under workers’ or workmen’s compensation disability benefit or other similar employees
benefit acts;
(b) claims for damages because of bodily injury, occupational sickness or disease or death of its
employees;
(c) claims for damages because of bodily injury, sickness or disease, or death of any person other
than its employees;
(d) claims for damages insured by usual personal injury liability coverage which are sustained (1)
by any person as a result of an offense directly or indirectly related to the employment of such person by the
Contractor, or (2) by any other person;
(e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting there from; and
(f) claims for damages because of bodily injury or death of any person or property damage arising
out of the ownership, maintenance or use of any motor vehicle.
(2) The insurance required by Paragraph 1 shall be written for not less than any limits of liability specified
in the contract documents, or required by law, whichever is greater.
(3) The insurance required by Paragraph 1 shall include contractual liability insurance.
(4) The Contractor shall be responsible from the time of signing the Contract or from the time of the
beginning of the first Work, whichever shall be earlier, for all bodily injury (including death) or damage to
property of any kind resulting from the Work under this Contract to persons or property.
The Contractor assumes the obligation to save the Owner harmless and to indemnify them from every
expense, liability or payment arising out of or through bodily injury (including death) to any person or persons
or damage to property of any person; arising out of any act of the Contractor, any subcontractor or anyone
either:
(a) directly or indirectly employed by or;
(b) under the supervision of any of them in the prosecution of the Work included in the Contract.
Liability policies shall name the Owner DeKalb County Board of Education and the DeKalb
County School District as an additional insured.
(5) The Contractor agrees to comply with the provisions of the Workman’s Compensation laws of the State
of Georgia and to require all Subcontractors likewise to comply. Contractor shall secure the following insurance
at his own expense and prior to starting any Work shall file Certificates of Insurance with the Owner.
(a) Workmen’s Compensation - Statutory Limits Employer’s Liability -$1,000,000.00
(b) Comprehensive General Liability (including Premises-Operations; Independent Contractors
Protective; Products and Completed Operations; Broad Form Property Damage and Broad
Form General Liability Endorsement).
Fixed Price Contract (No Architect) 15
1. Bodily Injury: $1,000,000.00 Each Occurrence; $1,000,000.00 Aggregate, Products
and Completed Operations (Umbrella).
2. Property Damage: $500,000.00 Each Occurrence; $1,000,000.00 Aggregate.
3. Products and Completed Operations Insurance shall be maintained for a minimum
period of one (1) year after final payment and Contractor shall continue to provide
evidence of such coverage to Owner on an annual basis during the aforementioned
period.
4. Property Damage Liability Insurance shall include coverage for Explosion, Collapse,
and Underground.
5. Contractual Liability (Hold Harmless Coverage): Bodily Injury: $1,000,000.00 Each
Occurrence; Property Damage: $500,000.00 Each Occurrence, $500,000.00
Aggregate.
6. Personal Injury, with Employment Exclusion deleted: $1,000,000.00 Aggregate.
(c) Comprehensive Automobile Liability (owned, non-owned, hired):
1. Bodily Injury: $1,000,000.00 Each Person, $1,000,000.00 Each Accident.
2. Property Damage: $1,000,000.00 Each Occurrence.
3. Personal Injury Protection: Statutory Limits.
(6) Certificates of Insurance (2 copies) shall be filed with Owner before commencement of Work. These
Certificates shall contain a provision that coverages afforded under the policies will not be canceled, changed
or allowed to expire until fifteen (15) days after the Owner has received written notice evidence by return receipt
of registered letter.
(7) Insurance will not be acceptable unless written by a Company licensed by the State Insurance
Department to do business in Georgia at the time the policy is issued and the company must in addition be
acceptable to the Owner.
(8) Contractor shall purchase and maintain Owner’s Protective Liability Policy with minimum limits of:
(a) Bodily Injury: $1,000,000.00 Each Occurrence, $1,000,000.00 Aggregate.
(b) Property Damage: $500,000.00 Each Occurrence, $500,000.00 Aggregate.
(c) Personal Injury, with Employment Exclusion deleted: $1,000,000.00 Aggregate.
This policy shall be issued in the name of DeKalb County Board of Education and delivered to Owner along
with Certificates of Insurance. Employees of the DeKalb County Board of Education shall be included as an
additional insured. Policy shall also name the DeKalb County School District as additional insured.
(9) Contractor shall purchase and maintain BUILDER’S RISK INSURANCE payable to the Contractor and
Owner, as their interest may appear, upon the entire structure and all materials in or adjacent thereto which
are to be made a part of the insured structure of 100% of the contract value covering fire, extended coverage,
vandalism and malicious mischief. There shall be attached to and made a part of the insurance policy for
Builder’s Risk an endorsement of the Insurance Company as shown on Exhibit “A-1" attached hereto.
(10) The Contractor may, at its option, purchase insurance policies having a “deductible” feature provided
that:
Fixed Price Contract (No Architect) 16
(a) Deductible amount does not exceed $2,500.00.
(b) Contractor agrees in written letter to the Owner to be responsible for payment of any such
deductibles, in the event that such payment should become necessary.
Fixed Price Contract (No Architect) 17
EXHIBIT “B”
Liquidated damages applicable to Paragraph 5.2 of this Contract shall be the amount stated in the right column
below which is directly opposite the applicable Contract Price range stated in the left column below.
If The Original Contract Price Is: Daily Liquidated Damages Shall Be:
Up to $49,999.99 $50
$50,000.00 to $99,999.99 $100
$100,000.00 to $299,999.99 $200
$300,000.00 to $599,999.99 $300
$600,000.00 to $999,999.99 $400
$1,000,000.00 to $1,999,999.99 $500
$2,000,000.00 to $4,999,999.99 $750
$5,000,000.00 to $9,999,999.99 $1,500
$10,000,000.00 to $14,999,999.99 $2,500
$15,000,000.00 to $19,999,999.99 $3,500
$20,000,000.00 or above The product of .0002 multiplied by
the Original Contract Price.
Fixed Price Contract (No Architect) 18
EXHIBIT “C”
IMMIGRATION AND SECURITY FORM
A. In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA),
Pub.L. 99-603 and the Georgia Security and Immigration Compliance Act O.C.G.A. § 13-10-90 et.
seq., Contractor must certify compliance by initialing 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) Pub.L. 99-603 and the
Georgia Security and Immigration Compliance Act by registering at https://www.vis-
dhs.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://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)
Pub.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 at https://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),
Pub.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 its Contract(s) with the DeKalb County
Board of Education.
__________________________________ ___________________________________
Signature Title
By signing above you are certifying that the representations made herein are true and correct.
Firm Name: _______________________________________________________________
Street/Mailing Address: _____________________________________________________
City, State, Zip Code: _____________________________________________________
Telephone Number: _____________________________________________________
Email Address: _____________________________________________________
Sworn to and subscribed before me
This ___ day of ______________, 20____
_________________________________________
Notary Public
Fixed Price Contract (No Architect) 19
EXHIBIT “D”
CONTRACTOR AFFIDAVIT
By executing the affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91,
stating affirmatively that the individual, firm or corporation which is 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 of Agent Date
____________________________________
Contractor/Corporation 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).
Fixed Price Contract (No Architect) 20
EXHIBIT “E”
SUBCONTRACTOR AFFIDAVIT
By executing the 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 of Agent Date
___________________________________________
Subcontractor/Corporation Name
___________________________________________
Title of Authorized Officer or Agent of Subcontractor
____________________________________
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).
Fixed Price Contract (No Architect) 21