2025 Roadway Resurfacing Project.pdf

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

2025 ROADWAY RESURFACING PROJECT

FOR

THE CITY OF GREENSBORO

PREPARED ON BEHALF OF

THE HONORABLE MAYOR AND COUNCIL

OF

THE CITY OF GREENSBORO, GEORGIA

MAYOR ------------------------------------------------- Corey Williams

COUNCIL MEMBER/MAYOR PRO TEM ---- David Neal

COUNCIL MEMBER -------------------------------- Cynthia Rivers

COUNCIL MEMBER -------------------------------- Jontavius Smith

COUNCIL MEMBER -------------------------------- Morris Miller

COUNCIL MEMBER ------------------------------- Chris Moore

CITY MANAGER ------------------------------------- Autron Hayes

CITY ATTORNEY ----------------------------------- Adam Nelson

PREPARED BY:

CITY OF GREENSBORO, GEORGIA

PUBLIC WORKS DEPARTMENT

212 NORTH MAIN STREET

GREENSBORO, GA 30642

PHONE # (706) 453 - 7967

FAX # (____) ___________

- ii -

CONTRACT DOCUMENTS

AND

THE CITY OF GREENSBORO

DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS

00020 Advertisement for Bids 00100 Instructions to Bidders 00300 Bid Proposal 00410 Bid Bond 00500 Contract Agreement 00510 Notice of Award 00520 Notice to Proceed 00610 Performance Bond 00620 Payment Bond 00700 General Conditions 00800 Supplemental General Conditions 00805 Special Assurances 00850 Certificate of Owners Attorney 00900 Pay Request Form 1 00910 Contract Change Order

END OF SECTION

00020-1

SECTION 00020

REQUEST FOR PROPOSAL

FOR THE

Proposals for the 2025 ROADWAY RESURFACING PROJECT will be received at the City Hall of Greensboro located at 212 North Main Street, Greensboro, GA 30642, until 4:00 P.M. September 19, 2024. The Project will consist of eight (8) Sections of Roadways to include of milling and removal of existing asphalt material and replacement with 4-inch asphalt pavement. The Roadway Sections include Chapel Street (+/-0.10 mile), Railroad Street (+/-0.17 mile), Sycamore Circle (+/-0.16 mile), Cherry Street (+/-0.13 mile), Lower Richland Circle (+/-0.13 mile), Robbins Circle (+/-0.21 mile), Chestnut Street (+/-0.15 mile) South Street (+/-0.50 mile) and Webb Lake Drive (+/-0.57 mile). Proposals will be reviewed by the City Manager and will be awarded to the proposal most advantageous to the City. A copy of the proposal tabulation will be provided upon request.

Work to Be Done: The work to be performed by the General Contractor consists of but is not limited to the following major items:

1. Traffic Control

2. Asphalt Paving

3. Striping

4. Shoulder repair & grassing

Specifications and Contract Documents: Copies of the Contract Documents may be obtained from City Hall office located at 212 North Main Street, Greensboro, GA 30642, starting on August 15, 2024. The street address, phone number, and emails of contractors submitting proposals must be provided to ensure prompt delivery of any addenda.

The Owner reserves the right to reject any or all proposals, to waive informalities, and to re-advertise.

City of Greensboro

By:

City Manager

00100-1

SECTION 00100

INSTRUCTIONS TO BIDDERS

1. Intent: It is intended that the Instructions to Bidders, General Conditions, Detailed Specifications and the Contract Drawings shall define and describe the complete work to which they relate.

2. Definitions: Where the following words or the pronouns used in their stead herein, they shall have the following meaning:

"Owner" shall mean the City of Greensboro, Georgia, or its authorized and legal representatives.

"Engineer" shall mean the City of Greensboro, Georgia, or its authorized and legal representatives.

"Contractor" shall mean the party of the second part to the Contract Agreement or the authorized and legal representative of such party.

"Contract Time" shall mean Sixty (60) consecutive calendar days for completion of the work, to be computed from the date of the Notice to Proceed.

"Liquidated Damages" shall mean the sum of Five Hundred Dollars ($ 500 ) which the Bidder agrees to pay for each consecutive working day beyond the Contract Time required to complete the work.

"Products" shall mean materials or equipment permanently incorporated into the work.

"Provide" shall mean to furnish and install.

“Working Day” shall generally mean weekdays, Monday through Friday, inclusive. Each week shall include five (5) working days. Each working day shall be eight (8) hours duration. Nationally recognized holidays shall not be considered working days. NO EXCEPTION, EXTENSION OR ADDITIONAL PAYMENT

SHALL BE MADE FOR ANY WEATHER RELATED DELAY. NO RAIN OR OTHER WEATHER

RELATED EVENTS SHALL ADD TO THE DURATION OF THE CONTRACT.

3. Registered Bidder: Is the company or party that has obtained a set of specifications and contract documents with the purpose of participating in the bid for the 2025 Roadway Resurfacing Project.

Work to Be Done: The work to be performed by the General Contractor consists of but is not limited to the following major items:

4. Shoulder repair and grassing

4. Addenda and Interpretations: No interpretation of the meaning of the Drawings, Specifications or other bid documents will be made to any bidder orally. Every request for such interpretation should be made in writing and addressed to City Manager, City of Greensboro, 212 N Main Street, Greensboro, GA 30642, and to be given consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the "Specifications" which, if issued, will be mailed to all prospective bidders (at the respective addresses furnished) not later than three

(3) days prior to the date fixed for the opening of bids. Failure of a bidder to receive any Addendum shall not relieve him of any obligation under his bid. All Addenda shall become part of the Contract Documents.

5. Substitutions: Whenever the design is based on a specific product of a particular manufacturer, that manufacturer will be shown on the Drawings and/or listed first in the list of approved manufacturers in the

00100-2

Specifications. Substitutions will be considered only if the term "Equal To" precedes the names of approved manufacturers in the Specification. The Contractor may, after receiving the Notice to Proceed, submit shop drawings on the substitute product for the approval of the owner.

Any bidder intending to furnish substitute products is cautioned to verify that the item being furnished will perform the same functions and have the same capabilities as the item specified. The Bidder should include in his bid the cost of accessory items which may be required by the substitute product and the cost of any architectural, structural, mechanical, piping, electrical or other modifications required to accommodate the substitution.

Approval of the Owner is dependent on the determination that the product offered is essentially equal in function, performance, quality of manufacture, ease of maintenance, reliability, service life and other criteria to that on which the design is based, and will require no major modifications to structures, electrical systems, control systems, or piping systems.

6. Site Examination: The Bidder is advised to examine the locations of the work and to inform himself fully as to its conditions, the conformation of the ground, the character, quality and quantity of the products needed preliminary to and during the execution of the work; the general and local conditions and all other matters which can in any way affect the work to be done under the Contract. Failure to examine the site will not relieve the successful bidder of his obligation to furnish all products and labor necessary to carry out the provisions of his contract.

The Bidder shall notify the Owner of the date and time he proposes to examine the location of the work. The Bidder shall confine his examination to the specific areas designated for the proposed construction, including easements and public right-of-ways. If, due to some unforeseen reason, the Owner's proceedings for obtaining the proposed construction site (including easements), have not been completed, the Bidder may enter the site only with the express consent of the property owner. The Bidder is solely responsible for any damages caused by his examination of the site.

7. Subcontractors, Equipment and Material Bids: The Bidders shall conform to the four hour bid limit in accordance with the "Procedure for Giving and Receiving Bids on Subcontracts, Equipment and Materials", as adopted by the Georgia Utility Contractor's Association.

8. Proposals: All Proposals must be made on the Proposal forms contained herein. Proposals shall be completed in ink and shall not be detached from these Specifications. The Proposals shall be enclosed in a sealed envelope, addressed to the City of Greensboro, Georgia and labeled 2025 ROADWAY RESURFACING PROJECT, CITY OF GREENSBORO, GEORGIA". Envelopes containing Proposals shall clearly indicate the Bidder's name and address. Only proposals submitted by registered Bidders will be opened.

9. Bid and Contract Security: Each Proposal must be accompanied by a BID BOND in an amount equal to at least five percent (5%) of the amount bid. The BID BOND must be attached to the Proposal for the Proposal to be valid. Checks of any type will not be acceptable. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the AGREEMENT is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the PAYMENT BOND and PERFORMANCE BOND have been executed and approved, after which it will be returned.

The party to whom the contract is awarded will be required to execute the AGREEMENT and obtain the PERFORMANCE BOND and PAYMENT BOND within ten {10} calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary AGREEMENT and BOND forms. In case of failure of the BIDDER to execute the AGREEMENT, the OWNER may consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER.

The OWNER within ten {10} days of receipt of acceptable PERFORMANCE BOND, PAYMENT BOND and AGREEMENT signed by the party to whom the AGREEMENT was awarded shall sign the AGREEMENT and return to such party an executed duplicate of the AGREEMENT. Should the OWNER not execute the

00100-3

AGREEMENT within such period, the BIDDER may by WRITTEN NOTICE withdraw the signed AGREEMENT.

Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

The NOTICE TO PROCEED shall be issued within ten {10} days of the execution of the AGREEMENT by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual AGREEMENT between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten {10} day period or within the period mutually agreed upon, the CONTRACTOR may terminate the AGREEMENT without further liability on the part of either party.

The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER as such BIDDER is properly qualified to carry out the obligations of the AGREEMENT and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted.

If for any reason whatsoever the Bidder withdraws from the competition after opening the bids, or if he refuses to execute the Contract, the Owner will proceed on the BID BOND.

The Surety of the BID BOND, PERFORMANCE BOND, and PAYMENT BOND shall be a surety company authorized to do business in the State of Georgia, shall be listed in the Department of the Treasury Circular 570, and shall have an underwriting limitation in excess of 100% of the bid amount. The Bonds and Surety shall be subject to approval by the Attorney for the Owner.

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.

10. Right To Reject Proposals: The Owner reserves the right to reject any or all proposals and to waive informalities. No proposals will be received after the time set for opening Proposals. Any unauthorized conditions, limitations or provisions attached to the Proposal, except as provided herein, will render it informal and may cause its rejection. Unbalanced proposals will be subject to rejection. Any bidder may withdraw his proposal, either personally or by telegraphic or written request, at anytime prior to the scheduled closing time for receipt of proposal.

Telegraphic or written request for withdrawal must be in the possession of the Owner prior to the closing time for receipt of proposals.

11. Determination of Successful Bidder: The Contract will be awarded to the lowest, responsive, and responsible contractor submitting a proposal.

(a) Lowest Bids: The lowest bid will be determined by the addition of a Bidder's Proposal amounts listed in the proposal.

(b) Responsibility: The determination of the bidder's responsibility will be made by the Owner based on whether the bidder:

(1) maintains a permanent place of business,

(2) has the appropriate technical experience,

(3) has adequate plant and equipment to do the work properly and expeditiously, and

(4) has suitable financial means to meet obligations incidental to the work.

00100-4

(c) Responsiveness: The determination of responsiveness will be made by the Owner based on a consideration of whether the bidder has submitted a complete Proposal form without irregularities, excisions, special conditions, or alternative bids for any item unless specifically requested in the Proposal form.

00300-1

SECTION 00300

PROPOSAL

TO THE CITY OF GREENSBORO, GEORGIA

Submitted: August 22, 2024

The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Site and the Specifications for the work and contractual documents relative thereto, and has read all instructions to Bidders and General Conditions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed.

The Bidder proposes and agrees, if this Proposal is accepted, to Contract with the City of Greensboro, Georgia, in the form of Contract specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the work in full and complete accordance with the shown, noted and reasonably intended requirements of the Specifications and Contract Documents to the full and entire satisfaction of the City of Greensboro, Georgia with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents. The Bidder acknowledges that the work will be performed under contract for the amounts stated in this Bid Proposal.

Contractors are required to submit Bid Bond, Payment Bond, and Performance Bonds in the exact form as outlined herein.

The Bidder acknowledges receipt of the following addendum:

CITY OF GREENSBORO

BID FORM

A: Chapel Street (from N East St to End) Length: 470 ft, Width: 12 ft (752 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 62 TONS

Section A TOTAL: $

B: Railroad Street (from Chapel Road to Weer Street) Length: 920 ft, Width: 12 ft (1,472 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 121 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 194 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 59 GAL

Section C TOTAL: $

C: Sycamore Circle (from Mill Street to End) Length: 845 ft, Width: 18 ft (2,028 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 167 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 365 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 81 GAL

6 Striping (GDOT #653‐1704) Thermoplastic Solid Traffic Stripe Stop Bar, 24" White 9 LF

Section C TOTAL: $

D: Cherry Street (from Mill Street to End) Length: 664 ft, Width: 22 ft (1,948 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 161 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 429 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 78 GAL

6 Striping (GDOT #653‐1704) Thermoplastic Solid Traffic Stripe Stop Bar, 24" White 20 L Foot

7 Striping (GDOT #652‐2501) Solid Traffic Edge Stripe, 5 in White 0.13 L Mile

8 Striping (GDOT#652‐2502) Solid Traffic CL Stripe, 5 in Yellow 0.13 L Mile

Section D TOTAL: $

E: Lower Richland Circle (from Broad Street thru loop) Length: 687 ft, Width: 12 ft (1,099 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 91 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 193 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 44 GAL

6 Striping (GDOT #653‐1704) Thermoplastic Solid Traffic Stripe Stop Bar, 24" White 10 L Foot

Section E TOTAL: $

F: Robbins Circle (from School House St to School House St) Length: 1,110 ft, Width: 12 ft (1,776 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 147 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 156 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 71 GAL

Section F TOTAL: $

G: Chestnut Street (from W Green St to W South St) Length: 792 ft, Width: 22 ft (2,323 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 192 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 409 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 93 GAL

6 Striping (GDOT #653‐1704) Thermoplastic Solid Traffic Stripe Stop Bar, 24" White 40 L Foot

7 Striping (GDOT #652‐2501) Solid Traffic Edge Stripe, 5 in White 0.15 L Mile

8 Striping (GDOT#652‐2502) Solid Traffic CL Stripe, 5 in Yellow 0.15 L Mile

Section G TOTAL: $

H: South Street (from S Laurel Ave to S Walnut St) Length: 2,640 ft, Width: 22 ft (7,744 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 639 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 681 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 310 GAL

6 Striping (GDOT #653‐1704) Thermoplastic Solid Traffic Stripe Stop Bar, 24" White 100 L Foot

7 Striping (GDOT #652‐2501) Solid Traffic Edge Stripe, 5 in White 0.5 L Mile

8 Striping (GDOT#652‐2502) Solid Traffic CL Stripe, 5 in Yellow 0.5 L Mile

Section H TOTAL: $

I: Webb Lake Drive (from E Broad St to Pool Rd) Length: 3,010 ft, Width: 18 ft (7,224 SY)

ITEM ITEM DESCRIPTION NOTES QTY UNIT UNIT TOTAL PRICE

No. PRICE

1 Mobilization 1 LUMP

2 Traffic Control (GDOT #150‐1000) 1 LUMP

3 Overlay (GDOT #402‐3100) 12.5 mm recycled asphalt superpave @ 165#/SY 596 TONS

4 Patching (GDOT #402‐1802) 19 mm recycled asphalt incl bitum matl and H lime 4" Depth 1,271 TONS

5 Bitum Tack Coat (GDOT #413‐1000) 0.04 Gal/SY 289 GAL

Section I TOTAL: $

A+B+C+D+E+F+G+H+I GRAND TOTAL: $

Submitted By: Title:

Company: Date:

Signature:

00300-3

Amounts are to be shown in numbers only. It is understood that the estimated quantities in the Bid Proposal are approximate and are used only for comparison of bids, and are subject to increase or decrease as required to properly complete the Contract work. Low bidder shall be determined on the basis of the TOTAL BID PRICE. Furthermore, the Contractor shall be responsible for including all items required to perform the project as indicated on the plans and specifications and including all costs into the most appropriate unit prices, if not explicitly described in the Payment paragraph of each section.

The Bidder agrees hereby to commence work under this contract, with adequate personnel and equipment, on a date to be specified in a written order of the Engineer, and to fully complete all Work under this Contract within Sixty (60) consecutive calendar days from and including said date. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter required to complete all work as heretofore provided in the Instructions to Bidders.

The Bidder declares an understanding that the quantities shown for unit price items are subject to either increase or decrease, and that should the quantities of any of the items of Work be increased, the Bidder proposes to do the additional Work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for additional costs or anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of work, at which time adjustment will be made to the Contract amount by direct increase or decrease.

ALTHOUGH THE CONTRACT PRICE MAY BE DECREASED IF THE QUANTITIES OR UNITS DECREASE, THE CONTRACT PRICE MAY NOT BE INCREASED BY MORE THAN TWO THOUSAND DOLLARS

($2,000.00) WITHOUT WRITTEN APPROVAL OF MAYOR AND COUNCIL IN ADVANCE OF

PERFORMING THE WORK OR PROVIDING THE MATERIALS.

In case of discrepancies between the figures shown in the unit prices and the totals, the unit prices shall apply and the totals shall be corrected to agree with the unit prices.

The Bidder furthermore agrees that, in the case of a failure to execute the Contract Agreement and Bonds within ten days after receipt of conformed Contract Documents for execution, the attached Bid Bond accompanying this Bid and the moneys payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure.

BIDDER: __________________________________________________________________________

By: __________________________________________________________________________

Name: __________________________________________________________________________

(Please Print) Title: __________________________________________________________________________

Address: __________________________________________________________________________

Phone: __________________________________________________________________________

ATTEST: __________________________________________________________________________

Name: __________________________________________________________________________ (Please Print)

Title: __________________________________________________________________________

Note: If the Bidder is a corporation, the Bid shall be signed by an officer of the corporation; if a partnership, it shall be signed by a partner. If signed by others, authority for signature shall be attached.

00300-4

Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary.

The full names and addresses of persons or parties interested in the foregoing Bid, as principals, are as follows:

NAME ADDRESS

00410-1

SECTION 00410

BID BOND

STATE OF GEORGIA

COUNTY OF GREENE

KNOW ALL MEN BY THESE PRESENTS, that we, ______________________________________________

____________________________ as principal, and, ______________________________________________

___________________________________ as Surety, are held and firmly bound to the City of Greensboro, Georgia in the sum of _____________________________________ Dollars ($______________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted to the Owner a Proposal for 2025 ROADWAY RESURFACING

PROJECT.

NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the Principal shall within ten (10) days after receipt of conformed Contract Documents execute a Contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Owner and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to the Owner, each in an amount of one hundred percent (100 %) of the total Contract Price, in form and with security satisfactory to the Owner, or in the event of the failure of the Contractor to execute and deliver the Contract Agreement and give said Performance and Payment Bonds, the Contractor shall pay the Owner the difference not to exceed the dollar amount stated above between the amount specified in said Proposal and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said Proposal, and execute the Special Assurances form, then this obligation shall be void; otherwise, it shall be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

This bond is given pursuant to and in accordance with all laws of the State of Georgia applicable hereto are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF, the said principal has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this _______ day of

_____________________ , 2024.

00410-2

PRINCIPAL____________________________________________________________________

Signed and sealed in the presence of:

1. _____________________________________________________________________________

By: ____________________________________________________________________________

Title:___________________________________________________________________________

2. _____________________________________________________________________________

By:____________________________________________________________________________

Title:___________________________________________________________________________

SURETY: ______________________________________________________________________

Signed and sealed in the presence of:

1. _____________________________________________________________________________

By:____________________________________________________________________________

Title:___________________________________________________________________________

2. _____________________________________________________________________________

By:____________________________________________________________________________

Title:___________________________________________________________________________

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 of Georgia.

SECTION 00500

CONTRACT AGREEMENT

This Agreement made and entered into on the ___________ day of ________________, 2024 by and between the

City of Greensboro, Georgia, party of the first part (hereinafter called the "Owner"), and

__________________________________________, party of the second part, (hereinafter called the "Contractor"), WITNESSETH:

That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows:

1. That the Contractor will furnish all products, tools, construction equipment, skill, and labor of every description necessary to carry out and to complete the 2025 ROADWAY RESURFACING PROJECT in a good, firm, substantial and workmanlike manner the construction of but is not limited to the following major items:

4. Shoulder Repair & Grassing

2. The term "CONTRACT DOCUMENTS" means and includes the following:

DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS

00020 Advertisement for Bids 00100 Instructions to Bidders 00300 Bid Proposal 00500 Contract Agreement 00510 Notice of Award 00520 Notice to Proceed 00610 Performance Bond 00620 Payment Bond 00700 General Conditions 00800 Supplemental General Conditions 00805 Special Assurances 00850 Certificate of Owner’s Attorney 00900 Pay Request Form 1 00910 Contract Change Order

DIVISION 18 ADDENDA

No. Date Year

3. The following drawings are part of this contract:

NONE

4. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written Notice to Proceed and shall fully complete all work within Sixty (60) consecutive calendar days.

Time is of the essence and is an essential element of this Contract, and the Contractor shall pay to the Owner, not as a penalty, but as liquidated damages, the sum of Five Hundred Dollars ($ 500 ) for each working day that he shall be in default of completing the work within the time limit named herein. The Owner shall consider extensions to the Contract Time only if a formal request for extension is submitted in writing with back-up information, and the extension is due to circumstances beyond the Contractor’s control. If the Contractor abandons the Contract before commencement of the work or defaults in completion of all the work after commencement thereof, the Contractor shall be liable for such liquidated damages. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the Owner and the Contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages incurred by the Owner and the general public of the City of Greensboro, Georgia, as a result of the failure on the part of the Contractor to complete the work on time. 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.

5. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications and Proposal, in lawful money of the United States the sum of ______ ______ _________ _________ ______ _________ ________ _____ ______ ____ ____ ____ ____Dollars (_$____ ________ _________ ________ ______) which sum shall also pay for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from unforeseen obstructions or difficulties encountered in the execution of the work, and for all expenses incurred by, or in consequence of the work, its suspension or discontinuance, and for well and faithfully completing the work and the whole thereof, as herein provided, and for replacing defective work or products for a period of one year after completion.

6. The Owner shall make monthly partial payments to the Contractor in accordance with the provisions of the

Contract Documents.

7. Contractor shall perform all the work for this project, in accordance with the provisions of the Contract

Documents.

8. This contract is conditioned on both parties’ compliance with the requirements of O.C.G.A. § 13-10-91. The

City of Greensboro employs 100 or more employees, and is in compliance with O.G.C.A. § 13-10-91.

Contractor hereby states that it has complied with the requirements of O.G.C.A. § 13-10-91, as attested to by the attached affidavit, and will obtain the employee-number category and eligibility verification from all subcontracts it uses regarding this project.

Sample affidavits for contractors and subcontractors are attached hereto as EXHIBIT “A” and EXHIBIT “B” respectively.

9. It is further mutually agreed between the parties hereto that if, at any time after the execution of this

Agreement and the surety bonds hereto attached for its faithful performance, the Owner shall deem the sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after the receipt of notice from the Owner to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner.

10. Disputes arising out of this contract shall be heard in the superior courts of Greene County, Georgia. The

Owner and Contractor agree that jurisdiction and venue are proper in the superior courts of Greene County, Georgia, exclusively, and they hereby waive any defenses they may have to improper venue, lack of jurisdiction over their person, and lack of subject matter jurisdiction.

11. This agreement constitutes the entire agreement between the parties and supercedes all prior agreements or understandings between the parties.

12. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality or unenforceablility shall not affect the other provisons, and the remaining provisions of this agreement shall be given full effect.

13. The Contractor agrees to indemnify Owner and hold Owner and its agents and employees harmless from and against all actions, causes of action, suits, liabilities, claims, damages, losses, costs and expenses (including attorney’s fees and costs) arising out of or resulting from (a) any act or omission of Contractor in the performance or non-performance of the Work or its obligations hereunder, (b) any breach of contract by Contractor, and (c) any claim for injury to person or property arising out of, or in the course of, the Work as contemplated by this Contract. The parties hereto agree that the terms of this Paragraph 5 shall survive any termination or expiration of the Contract.

In any and all claims against the Owner, or any of their agents or employees, by any employee of the

Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workmen's compensation acts, disability benefit acts or other employee benefits acts.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement under their respective seals on the day and date first above written in two (2) counterparts, each of which shall without proof or accounting for the other counterparts, be deemed an original Contract.

By: _____________________________________

Name: ___________________________________

Title: ____________________________________Seal

Attest: ____________________________________

Name: ____________________________________

Title:

Approved As to Form Before Execution:

By: ______________________________________ Attorney for the Owner

Name:____________________________________

CONTRACTOR:

By:______________________________________

Name: ___________________________________

Title: ____________________________________Seal

Attest: __________________________________

Name: __________________________________

Title: ____________________________________

Signed and Sealed in the presence of:

By: _____________________________________ Notary Public

NOTE: If the Contractor is a corporation, the Agreement shall be signed by the President or Vice President, attested by the Secretary and the corporate seal affixed. If the Contractor is a partnership, the Agreement shall be signed in the partnership name by one of the partners, with indication that he is a general partner.

EXHIBIT “A”

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.G.C.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Greensboro has registered with and is participating in the Employment Eligibility Verification (EEV)/Basic Pilot Program, or E-Verify, in accordance with the applicability provisions and deadlines established in O.G.C.A. § 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Greensboro, contractor will secure from such subcontractor(s) similar verification of compliance with O.G.C.A. § 13-10-91 via sworm affidavit attesting to compliance. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Greensboro at the time the subcontractor(s) is retained to perform such service.

EEV/Basic Pilot Program User Identification Number

Sworn to and subscribed before me this _____ day of ___________, 20__.

Notary Public Signature Date

Printed Name

My Commission Expires: Entity

Title of Officer or Agent

EXHIBIT “B”

SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.G.C.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 _________________________________ on behalf of the City of Greensboro has registered with and is participating in the Employment Eligibility Verification (EEV)/Basic Pilot Program, or E-Verifiy, in accordance with the applicability provisions and deadlines established in O.G.C.A. § 13-10-91.

EEV/Basic Pilot Program User Identification Number

Sworn to and subscribed before me this _____ day of ___________, 20___.

Notary Public Signature Date

Printed Name

My Commission Expires: Entity

Title of Officer or Agent

00510-1

SECTION 00510

NOTICE OF AWARD

TO:

PROJECT KNOWN AS: 2025 ROADWAY RESURFACING PROJECT

FOR: THE CITY OF GREENSBORO, GEORGIA

The OWNER has considered the Proposal submitted by you for the above described Work in response to its Advertisement for Bids dated ______________, 20_24_.

You are hereby notified that your Bid in the amount of $ __________________________ has been accepted for the works as described and delineated within the contract documents and plans as provided for this project.

You are required to furnish the required Contractor's Performance Bond, Payment Bond, and certificates of insurance to be included in the Agreement between the City of Greensboro and ______________

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this ____ day of ________, 20_19_.

CITY OF GREENSBORO, OWNER

By: __________________________________

Printed Name: ______________________________

Title: _____________________________________

ACCEPTANCE OF NOTICE

Receipt of this above NOTICE OF AWARD is hereby acknowledged by ________________________, a duly sworn agent of or an authorized representative for _______________________________________, this the ____ day of ______________, 20____.

By: ___________________________________

Name: _________________________________

Title: ___________________________________

00520-1

SECTION 00520

NOTICE TO PROCEED

TO:

PROJECT KNOWN AS: 2025 ROADWAY RESURFACING PROJECT

FOR: THE CITY OF GREENSBORO, GEORGIA

You are hereby notified to commence work in accordance with the Agreement dated _________________, 20___ on or before ___________, 20___ and you are to complete the work within Sixty (60) consecutive calendar days thereafter. The date of completion of all work is therefore _________________, 20___.

You are required to provide the OWNER with a Proposed Schedule for the Project before any construction can commence.

You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER.

Dated this ________ day of _____________, 20____

CITY OF GREENSBORO, OWNER

By: _______________________________

Name: ____________________________

Title: _____________________________

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by _______________________________, a duly sworn agent of or an authorized representative for _______________________________________, this the _____ day of _____________, 20____

By: _________________________________

Name: _______________________________

Title: ________________________________

00610-1

SECTION 00610

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that __________________________________________________, as Principal, hereinafter called Contractor, and _____________________________________________________ as Surety, are held firmly bound unto The City of Greensboro, Georgia, hereinafter called Owner, as Obligee, in the amount of _________________________________________________________________________________ Dollars ($ ______________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents.

WHEREAS, Contractor has by written agreement dated _________________, 20___, entered into a Contract with Owner for:

Those obligations and work described in said contract relating to the construction of the 2025 ROADWAY

RESURFACING PROJECT.

In accordance with Specifications provided by the City of Greensboro, which are by reference made a part of the Contract and a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the Owner and their representative and save either or all of them harmless against and from all costs, expenses and damages arising from the performances of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions:

A. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provisions of said Contract.

B. This Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the Owner or Owner's Representative shall provide that the Contractor guarantee to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good defects thereof which have become apparent before the expiration of said period of one (1) year. If any part of the project, in the judgment of the Owner, for the reasons above stated needs to be replaced, repaired or made good during that time, the Owner shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work within five (5) days from the date of service of such notice, the Owners shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety.

C. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond; and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

D. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General

Policyholder's Rating of "_________" and Financial Category of "Class ________".

00610-2

E. All claims and disputes under this Bond shall be subject to the Jurisdiction of the Superior Courts of Greene

County, Georgia. Venue shall lie only in the Superior Courts of Greene County, Georgia. With respect to any claims or disputes under this bond, the Principal and Surety hereby waive any defenses of lack of personal or subject matter jurisdiction or lack of venue in the Superior Courts of Greene County and agree to have all disputes heard in the Superior Courts of Greene County.

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 of Georgia.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this _________ day of ____________________, 2024, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

WITNESSES: PRINCIPAL:

(If Sole Ownership or Partnership, two (2) witnesses required. If Corporation, ________________________________________________ Secretary only will attest and affix seal). Name of Firm

Signature of Authorized Officer (Affix Seal)

Title

Business Address

City State

SURETY:

WITNESS: ________________________________________________

Corporate Surety

Attorney-in-Fact (Affix Seal)

Business Address

City State

Name of Local Insurance Agency

00620-1

SECTION 00620

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that __________________________________________________, as Principal, hereinafter called Contractor, and ______________________________________________________ as Surety, are held firmly bound unto The City of Greensboro, Georgia, as Obligee, in the amount of Dollars ($ ______________ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents.

WHEREAS, Contractor has by written agreement dated _________________, 20___, entered into a Contract with Owner for:

Those obligations and work described in said contract relating to the construction of the 2025 ROADWAY

RESURFACING PROJECT.

In accordance with Specifications prepared by the City of Greensboro, and which are by reference made a part of the Contract and a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, the Bond shall remain in full force and effect, subject to the following terms and conditions:

A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract and as further defined under Georgia law.

B. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of a lien for labor or materials furnished for any work included in or provided by said Contract.

C. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specification applicable thereto shall in any way affect its obligation on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications.

D. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General

Policyholder's rating of " _______________ " and Financial Category of " Class _______________ ".