2026 MORGAN CO TSPLOST Patching and Repair 9_.pdf

INVITATION TO BID

Morgan County will accept sealed bids in response to this Invitation to Bid. This Invitation to Bid is subject to the instructions, conditions, specifications, addenda, and other elements, included herein and those incorporated by reference.

ISSUE DATE: September 2, 2026

BID TITLE: 2026 LMIG/TSPLOST PATCHING AND REPAIR PROJECT (REV)

CONTACT: Aaron Wadley, Engineer

TELEPHONE: 706-318-5425

E-MAIL ADDRESS: AARON@TV-ENG.COM

BID OPENING: FRIDAY, OCTOBER 2ND @ 11 AM

LOCATION: Morgan County Board of Commissioners Commission Meeting Room, 2nd floor 150 E. Washington St

Madison, GA. 30650

Copies of this solicitation may be obtained from the Morgan County website:

https://www.morganga.org/Bids.aspx

Bids must be received by Morgan County on or before the bid opening (bids received after that time will not be considered), at which time the bids will be publicly opened and read aloud.

SUBMIT ONE ORIGINAL AND ONE COPY in sealed envelope. Bids may be accepted via mail or parcel but will not be considered if not received by bid opening.

Contractor may use their own forms for subs, references, or bid tabulation, but all wording herein will be considered the contract language. All bids must be signed. Unsigned bid forms or bid proposals will not be considered.

Bids will only be accepted from contractors prequalified by the Georgia Department of Transportation mailto:AARON@TV-ENG.COM

Morgan County Board of Commissioners

Construction Specifications and

Contract Documents

2026 LMIG/TSPLOST PATCHING AND REPAIR PROJECT (REV)

Prepared By:

Terra Via Engineering Madison, Georgia

706-318-5425

Contact: Aaron Wadley, PE aaron@tv-eng.com

2026 LMIG/TSPLOST Patching and Repair (REV)

INSTRUCTIONS TO BIDDERS

Morgan County will accept bids for 2026 LMIG/TSPLOST PATCHING AND REPAIR PROJECT (REV).

Bids will be received in sealed envelope by Morgan County on or before start of bid opening, at which time the bids will be publicly opened and read aloud. Bids received after that time will not be considered.

All bids must be made on the forms included in this solicitation. Forms may be replicated but must remain in similar layout/style. All bids must be signed. Unsigned bid forms or bid proposals will not be considered.

All bidders must satisfy themselves by personal examination of the locations of the proposed work, by examination of the Specifications and requirements of the work and the accuracy of the estimate of the quantities of the work to be done, and shall not at any time after the submission of a bid dispute or complain of such estimate nor assert that there was any misunderstanding in regard to the nature or amount of work to be done. The County will not be responsible for bidders’ errors and misjudgments, nor any information on local conditions or general laws and regulations.

The Documents and Specifications contain the provisions required for the construction of the project. No other information obtained from any officer, agent, or employee of the County on any such matters shall in any way affect the risk or obligation assumed by the Contractor or relieve Contractor from fulfilling any of the conditions of the contract, unless issued as a formal addenda.

A Bid Bond in a commercially standard form from a Surety Company acceptable to the County, payable to Morgan County with power of attorney must accompany each bid equal to five (5) percent of the total amount of the Base Bid. As soon as the bid prices have been compared, the County will return the Bid Bond of all except the two lowest responsible bidders. When the contract is awarded, the bonds of the unsuccessful bidder(s) will be returned. Bidders not present at time of opening may pick up the bid bond from Morgan County.

Proposals which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations or irregularities of any kind or which do not comply with the INFORMATION FOR BIDDERS may be rejected at the option of the County. The County reserves the right to reject any and all bids or to accept any bid. Morgan County reserves the right to cancel and rebid for any reason.

A bidder may withdraw any proposal he has submitted at any time prior to the hour set for the closing of the bids, provided the request for withdrawal is signed in a manner identical to the proposal being withdrawn. No withdrawal or modification will be permitted for 30 days after the hour and date designated for opening the bids.

The included PROPOSAL BID TABULATION FORM lists the various divisions of construction contemplated in the Specifications, together with an estimate of the units of each. With these units as the basis, the bidder will extend each item, using the cost he inserts in the unit column.

Any total cost found inconsistent with the unit cost when the bids are examined will be deemed in error and corrected to agree with the unit cost that shall be considered correct.

The Bidder agrees to maintain a cumulative total of quantities of work installed and work remaining to be performed and shall take all precautions as necessary to prevent installation of quantities with total values exceeding the contract price. The Bidder also agrees that under no circumstances will he be paid any sum above the contract price without a written contract change order.

Questions and Explanations All questions or explanations requested by Bidders shall be submitted in writing to the County Engineer in ample time to permit consideration before the bid date. Necessary replies will be recorded as Addenda and provided to all Bidders, and receipt thereof shall be acknowledged on the proposal. Bidders shall check with the County prior to bid opening to secure any Addenda that may affect bidding. Oral instructions will not be given and do not form a part of the Bidding Documents. Questions shall be submitted to: aaron@tv-eng.com

Project is a Unit Price Contract based on prices stated on PROPOSAL BID TABULATION FORM.

Contractor will be paid based on quantities installed and measured and their unit prices.

All bid proposals must include the following (complete and signed):

1. Proposal Signature Page

2. Addendum Acknowledgement

3. Bidder Qualifications and References

4. Bid Bond for 5% of the total bid

5. Proposal Bid Tabulation Form

6. List of all Sub-contractors and work to be performed

7. Proof of Insurance

8. Proof of Worker’s Comp for all Subcontractors

9. Federal E-Verify

The successful bidder must provide the following, in accordance with the contract documents within 7 days of a winning bid:

1. Performance-Payment Bond for 100% of the total Base Bid amount with Power of Attorney.

2. W-9 Form, if a new vendor

3. Certificate of Insurance naming Morgan County as additionally insured with any exclusions listed, including: General Liability, Worker’s Comp, Auto Insurance

PROPOSAL SIGNATURE PAGE

I, the undersigned, do hereby agree to the terms and conditions provided in this solicitation.

Name of Company:

Georgia Contractors License Number (if applicable):___________________________

Address: ____________________________________________________

Telephone Number: ___________________ Fax Number: _____________________

E-mail Address: _________________________________________________________

ADDENDUM ACKNOWLEDGEMENT. Acknowledgment is hereby made for receipt of all addenda issued for this solicitation, the provisions of which are incorporated herein.

Addendum No. ______ Date Issued: _________________

Addendum No. ______ Date Issued: _________________

Addendum No. ______ Date Issued: _________________

Addendum No. ______ Date Issued: _________________

Authorized Signature: _______________________________________________

Printed Name: _______________________________________________

Title: _______________________________________________

Signed, this _________ day of _________________, 2021.

DESCRIPTION OF WORK

Patch only and/or Mill / Patch / Inlay

All asphalt required to include hydrated lime.

Locations will be designated by the Engineer. In addition to the current edition of the Georgia Department of Transportation Standards Specifications and Special Provisions, this work shall also be performed according to the following Special Conditions.

• CONTRACTOR WILL REMOVE ALL TRASH AND DEBRIS DAILY, FAILURE TO

COMPLY MAY RESULT IN LIQUIDATED DAMAGES

• Hierarchy of documents:

o Contract o Addenda o ITB Specifications o GDOT Specifications o Any exceptions will be at the discretion of the Engineer, in writing.

o Inspector can stop work for safety or non-compliance but cannot change the scope of work, unless in writing by the engineer.

• Contractor and/or Subcontractor shall be responsible for all layouts. The costs for layout shall be included in the overall bid price.

• TESTING

o All required testing shall be performed by the Contractor and/or Subcontractor.

Final payment will not be made until all tests results have been provided to Morgan County or Representative. The costs of all testing shall be included in the overall bid price. Testing, at a minimum, will include 2 cores per road, equally spaced, with depth of layers and photo report confirmation. Cores should be labeled and preserved until final payment. 10% of cores should be analyzed for material composition and density, as applicable. All cores removed will be backfilled with compacted asphalt or cold patch.

o Cores should be taken in areas of widening or patching when possible.

o Cores may not be required on roads that do not receive patching.

• TRAFFIC CONTROL to follow GDOT 150 o ITEM 150 TRAFFIC CONTROL WILL BE INCLUDED IN THE OVERALL PRICE

PER TON.

o All temporary traffic control to follow MUTCD Chapter 6.

o Aggregate surface coarse to be used to redress driveways as directed o For this project, the advance warning signs specified in Subsection 150.3.04 shall be portable signs. These signs shall be placed only during times that construction is in progress and/or as conditions warrant as directed by the Engineer. Signs shall be removed at all other times.

o Temporary markings will replace all pavement markings to be paid for under traffic control.

• PATCHING PER GDOT 402

o Contractor to utilize 4’ milling head for patching. No payment will be made for patching widths greater than this unless marked so by the engineer.

o Bituminous Patching to be 220#, 330#, 440#, 550#, AS DIRECTED BY THE

ENGINEER, placed material unless otherwise directed by engineer, no additional payment to be made for paving depths greater than directed.

Morgan County Board of Commissioners o Engineer may require additional depth or reduce the depth.

o All patching to be paid by the unit price.

o Patching unit cost to include labor and material for milling, tack, and paving for this scope of work.

o Prior to work, existing shoulders shall be bladed no lower in elevation than the existing pavement or shoulder and made to drain. All clippings will be spread evenly or hauled away. Any areas cut lower than the existing asphalt are to be repaired immediately and shoulder recompacted. All costs associated with this work shall be included in the overall bid price.

o Patching over 4” will be completed in two lifts with the top lift being 9.5 mm or

12.5 mm.

• TACK PER GDOT 413

o Tack below OGI will be at the upper limit permitted by GDOT. All nozzles must spray an even distribution across the tacked area. Streaking or non-pressurized distribution will not be permitted. Emulsified or bituminous tack coat will be accepted in accordance with 413.

o Tack is already included with the per ton pay item for patching and widening per GDOT.

• STRIPING AND MARKING PER GDOT 652 AND/OR 653

o All existing RPMs shall be removed prior to paving operations. All costs associated with this work shall be included in the overall bid price.

o Per GLM price by mile to include double yellow, solid or skip, and white edge lines.

o All markings will be replaced in kind o Rumble strips may be replaced with either asphalt or thermoplastic.

o All existing pavement markings shall be replaced as 5” paint pavement markings for the full length of operations. Temporary markings may be 4”.

• UNLESS SPECIFICALLY WRITTEN IN THIS SCOPE OR DIRECTED IN WRITING ALL

WORK WILL CONFORM TO GDOT SPECIFICATIONS, STANDARDS, AND

PROCEDURES.

• Morgan County reserves the right to remove any portion or scope of work from the contract for any reason.

• Morgan County reserves the right to add limited scope to the contract, provided it is similar to the contract scope, including new roads or road sections in unincorporated Morgan County. Road sections shorter than roads on this contract or that contain cul-de-sacs are subject to contractor negotiation. Roads added may be subject to a negotiated completion date.

• This work is both funded by GDOT LMIG and local TSPLOST. Contractors are encouraged to report illegal price fixing or bid-rigging and may do so anonymously.

Morgan County will cooperate with the state of Georgia to investigate such claims.

Sub-contractors listed as conflicted in the addenda may not be utilized in this contract. Failure to comply may result in the bid being deemed non-responsive. All subcontractors are subject to County approval, the County has the right to reject any sub-contractor prior to work commencing or for performance during work. The Contractor is fully responsible for the performance of its sub-contractors and must supervise all work performed under this contract.

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PROPOSAL BID TABULATION FORM

MORGAN COUNTY

2026 LMIG/TSPLOST Resurfacing and Reclamation

In compliance with your legal Notice to Bidders for the above referenced project, in Morgan County, the undersigned bidder, a corporation organized and existing under the laws of the State of _________________, or a partnership of ____________________ or an individual doing business as __________________________ of the County of____________________, State of __________________, having examined the specifications and contract forms thereto attached, and being fully advised as to the extent and character of the work to be performed, and the equipment to be furnished, hereby proposes to furnish all labor, tools, material, plant and equipment necessary for the Project.

The quantities presented in the Proposal Bid Tabulation Form are for bidding purposes and comparison only.

Morgan County does not guarantee that the County will issue any work orders for any project under this contract.

The bidder shall complete all tables below to establish bid.

TOTAL BASE BID___________________________________________________________

DOLLARS

Contractor Initial & Date

NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

1 150-1000 TRAFFIC CONTROL, INCL STRIPING 1 LS

2 402-1802 REC ASPH CONC PATCHING, INCL BITUM MATL & H

LIME

2,821 TN

3 402-3101 REC ASPH CONC 9.5 MM SP, TYPE 1, BLEND 1, INCL

BITUM MATL & H LIME

1,942 TN

4 432-5010 MILL ASPH CONC PVMT, VARIABLE DEPTH 23,535 SY

BID TOTAL

Morgan County Board of Commissioners

The undersigned further proposes to perform all work and furnish all equipment in accordance with the specifications and contract stipulations thereof, within the time limit specified, for the price so stated above.

Bidder understands that the County reserves the right to reject any or all bids, or portions thereof, and to waive any informality in bidding.

The bidder agrees that his bid shall be good and may not be withdrawn for a period of thirty (30) days after the scheduled closing time for receiving bids.

Upon receipt of written notice of acceptance of this bid, Bidder will execute the enclosed formal contract and deliver insurance coverage as required by the INFORMATION FOR BIDDERS within ten (10) business days of notice.

BIDDER/CONTRACTOR

Name of Company: __________________________________________________________

Contractors License Number: _____________________________________

Address: _____________________________________________________

Telephone Number: _____________________

Fax Number: _____________________

E-mail Address: _________________________________________________________

Authorized Signature: _______________________________________________

Printed Name: _______________________________________________

Title: _______________________________________________

Signed, the _______ day of ______________________, 2021.

SUBCONTRACTOR TABULATION FORM

List all subcontractors, excluding trucking and hauling.

1. Company: ______________________________________________________________

Description of work:________________________________________________________

Contact Name: ____________________________________________________________

Address: __________________________________________________________________

Telephone: ___________________ Email: _____________________________________

2. Company: ______________________________________________________________

3. Company: ______________________________________________________________

Note: This form must be returned with the bid. Use additional sheets as necessary.

Morgan County Board of Commissioners

CONTRACT FOR

2026 LMIG/TSPLOST PATCH AND REPAIR

This Contract for the above referenced project (the “Agreement”) is made and entered on _________________, 2026 (the “Effective Date”) by and between the Morgan County Board of Commissioners (the “County”) and ______________________________._____________________ (the “Contractor”).

This Agreement is made with reference to the following facts:

A. The intent of this Agreement is to provide for construction and completion of the referenced project as assigned by Morgan County, in accordance with GDOT Standards and Specifications and the specifications herein and using a standard of care consistent with general roadway construction and maintenance and the terms and conditions herein.

B. Assigned work may or may not include project plans. If project plans are provided, all work will be completed according to those drawings and specifications in addition to the terms and conditions of this Agreement.

C. Unless otherwise specified, the Contractor will furnish all materials, incidentals, equipment and perform all labor necessary to perform the work authorized by the County and detailed in project plans and specifications.

D. All work will be assigned by the County Manager as needed. Payment for goods and services shall be as measured and be complete and in-place, including all mobilization, labor, materials, and incidentals.

NOW THEREFORE, the County and Contractor, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows:

1 Definitions. The following terms have the meanings given in this section:

1.1 “County Manager” means the County Manager of the County, or his/her designee.

1.2 “Contract Documents” means this Agreement, those certain Contract Specifications and Contract Documents referenced in the Invitation to Bid and addenda, and the PROPOSAL BID TABULATION FORM included therein.

1.3 “Services” means the furnishing of labor, materials, equipment, and services necessary to perform Road Maintenance Projects or Drainage Maintenance Projects, or both, as the case may be.

Morgan County Board of Commissioners

1.4 “Sign Maintenance Projects” include, but are not limited to, sign work, sign maintenance, sign repair and installation.

1.5 “Road Paving Projects” include, but are not limited to, street patching and repair;

street paving; shoulder stabilization; curb repair; and pavement markings.

2 Quantities.

2.1 The County reserves the right to alter the quantities of work to be performed or to extend or to shorten the work at any time, when and as found necessary. The Contractor shall perform the work as altered, increased, or decreased at the unit price provided in enclosed PROPOSAL BID TABULATION FORM. No allowance will be made for any change in anticipated profits, nor shall such changes be considered as waiving or invalidating any conditions or provisions of this Agreement.

3 Time for Performance.

3.1 Term. The term of this Agreement shall commence on the Effective Date (Notice to Proceed) and continue for one 180 calendar days (the “Term”). Delays deemed unacceptable by the County shall be grounds for liquidated damages and/or termination of this Agreement.

3.2 Mobilization. Unless otherwise specified in the Final Work Order, within ten (60) business days of the County Manager’s issuance of a Notice to Proceed, the Contractor shall mobilize his forces and commence performance of the Services.

Contractor must complete each road, neighborhood, or geographic area before demobilizing to go to another area or project.

3.3 Time. Contractor shall not commence performance of Services prior to 7:00 AM, nor extend past sundown, except as directed by the engineer. Work shall not commence prior to 8:00 AM on weekends in any residential area, as determined by the engineer. No work will be performed on Sunday or the following holidays, to include the Saturday falling on the same weekend: Good Friday, April 7th;

Memorial Day, May 29th; Independence Day, July 4th; Labor Day, September 7th.

Work on Saturday will require 48 hours’ notice. All work shall be completed in a timely manner within the specified time frame given by the engineer for each work order.

4 Consideration.

4.1 The County shall pay to the Contractor for the diligent, faithful performance of this Agreement the actual cost of the Services performed and accepted by the County based on the unit prices attached hereto and incorporated herein as

“PROPOSAL BID TABULATION FORM.”

Morgan County Board of Commissioners

4.2 The County shall make payments on a monthly basis to the Contractor on the basis of a duly certified and approved invoice of the Services performed during the preceding calendar month, as approved by the engineer.

5 Insurance. The Contractor shall purchase and maintain insurance for the protection of claims under worker’s compensation acts, for bodily injury and for property damage arising out of Contractor’s obligations and duties under this Agreement as follows:

5.1 Comprehensive General Liability with policy limits of not less than One Million Dollars ($1,000,000.00) for each occurrence and in the aggregate for bodily injury and property damage;

5.2 Automobile Liability covering owned and rented vehicles operated by the Contractor with policy limits of not less than One Million Dollars ($1,000,000.00) combined single limit and aggregate for bodily injury and property damage;

5.3 Worker’s Compensation at statutory limits and Employers Liability with a policy limit of not less than Five Hundred Thousand Dollars ($500,000.00) per claim and in the aggregate;

The Contractor may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies.

The Contractor shall provide to the County certificates of insurance evidencing compliance with the requirements of this section. The certificates will show the County as an additional insured on the Comprehensive General Liability, Automobile Liability, and umbrella or excess insurance policies and contain a waiver of subrogation clause in favor of the County.

All insurance policies shall include a clause which states, in effect, that the policy shall not be canceled, modified, nor allowed to expire until ten (10) days written notice has been received by the County prior to such cancellation, modification, or expiration.

6 Indemnity. Contractor agrees to pay, defend, indemnify, and hold the County harmless from and against any and all liabilities, losses, damages, costs, expenses (including all reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from: (i) any use, trespass or damage to private property occasioned by Contractor’s performance of the Services, (ii) the conduct of the Contractor or any of its employees, servants, agents or subcontractors in the performance of this Agreement, or (iii) any injury to or death of any person, or any damage to property caused by Contractor, its employees, servants, agents, or subcontractors. In case any action, suit, or proceeding is brought against the County by reason of any occurrence herein described, Contractor shall, at its own expense, defend such action, suit, or proceeding with counsel acceptable to the County in the County’s

Morgan County Board of Commissioners sole discretion. The indemnity agreement provided herein shall survive the expiration or earlier termination of this Agreement.

7 Performance of Services; Duties of Contractor.

7.1 License. Contractor shall maintain all required licenses and certifications for this work. Each of Contractor’s drivers shall, at all times, carry a valid driver’s license for the type of vehicle he is driving.

7.2 Duty of Care. Contractor shall perform the Services in a good and workmanlike fashion and using the Contractor’s best skill and attention, consistent with the terms and conditions herein, and consistent with any plans and specifications developed by the County.

The Contractor shall provide operating and safety training for all personnel.

Contractor shall be responsible for ensuring all employees and sub-contractors wear adequate safety equipment at all times.

7.3 Equipment. The Contractor shall maintain its equipment in operable condition and suitable for the scope of work. All required equipment must be utilized and on-site, per GDOT Specifications.

7.4 Permits, Fees and Specifications. The Contractor shall obtain and pay for any permits or governmental fees, licenses, or inspections required for proper execution and completion of the Services.

7.4.1 Unless otherwise noted, all Services shall be performed in accordance with the current edition of the Georgia Department of Transportation Construction Specifications, including all revisions and special provisions.

7.4.2 The Contractor shall interfere as little as possible with the public use of roads, walks, and entrances to houses, and shall, at its own expense, make such approved temporary provisions as are required to maintain at least one lane of traffic.

7.4.3 All work to be performed within the roadway right-of-way shall be completed with the appropriate traffic control. Traffic shall be directed with such signs, barricades, devices, flaggers, and pilot vehicles that shall conform to the Manual of Uniform Traffic Control Devices.

7.4.4 All requirements herein directed to the Contractor shall be held by all sub-contractors, contract employees, employees, and others in the direct care of the Contractor in completing this work. The Contractor will be solely responsible to the County for completion of this work and all terms of this agreement.

Morgan County Board of Commissioners

7.4.5 All Work containing erosion/sediment control components, water quality components, ditch linings, etc., shall be constructed in accordance with Georgia Soil and Water Conservation Commission and a GSWCC level I card holder must be present during any and all land disturbing activities.

7.5 Taxes. The Contractor will be responsible for all taxes levied against the Contractor under the laws of the State of Georgia

7.6 Warranty. The Contractor warrants to the County that: (i) materials furnished under this Agreement will be new and of good quality, unless otherwise required or permitted by the County, (ii) the Services will be free from defects not inherent in the quality required or permitted; and (iii) the Services will conform to the requirements of any plans and specifications for a particular project and the terms and conditions of this Agreement.

7.7 Cleaning Up. Accumulations of mud or debris that are tracked on to streets, yards, or areas adjacent to work sites by construction equipment of the Contractor must be removed promptly and not allowed to create a hazard or an unsightly condition. After completion of all work contemplated under a Work Order and before final payment thereon has been made, the Contractor shall make a final cleanup of the site of each separate part of the work; shall restore all surfaces to a neat and orderly condition; and shall remove all construction equipment, tools, and supplies therefrom.

Where the Contractor has performed work on, or has made use of, private property for storage of materials or for other purposes, he shall obtain a satisfactory release from the owner of said property after completion of the work and the removal of all materials and equipment therefrom.

8 Independent Contractor. The Contractor is an independent contractor with respect to the County. Nothing contained herein shall create any association, partnership, joint venture, employment, or agency relationship between the parties.

9 Conflicts. In the event of a conflict between the terms of this Agreement and the remainder of the Contract Documents, the terms of this Agreement shall control.

10 Miscellaneous.

10.1 Performance Bond. Contractor shall provide to the County a performance bond in a form reasonably acceptable to the County’s attorney, and in an amount not less than 100% of the Base Bid amount to secure the faithful performance of this Agreement. If the Contractor refuses or fails to provide the Services with such diligence as will ensure its completion within the time specified, in the manner specified, the County may terminate this Agreement and Contractor’s right to proceed. In such event, the County may require the surety under the performance bond to fully perform and complete the work in the manner required by the

Morgan County Board of Commissioners performance bond. In the alternative, the County may take over the work, by contract or otherwise, and the Contractor and its surety shall be liable to the County for any excess cost.

10.2 Delay Damages. If Contractor fails to commence a Work Order when scheduled or if work ceases for more than five (5) business days and such failure continues for three (3) business days following notice from the County to commence or resume the Work Order, then the County shall be entitled to: (i) charge the contractor a $250.00 per day liquidated damage; (ii) terminate the specific Work Order and assign same to another contractor; or (iii) terminate this Contract. The Contractor and County acknowledge and agree that: ascertaining precisely the damages that would be suffered by the County in the event of Contractor’s performance default at any given time during the term of this Contract would be costly, time-consuming and difficult, if not impossible; the amount of the liquidated damages constitutes good faith estimate by the Contractor and County of the damages to the County that would arise from such default by Contractor;

and this agreed and stated amount is intended not as a penalty but as fully liquidated damages to the County for such a default by Contractor. If liquidated damages are incurred, the County shall be entitled to deduct and withhold said amount from payments then or thereafter to become due to the Contractor. If payments then or thereafter due to the Contractor are not sufficient to cover such amount, the Contractor shall promptly pay the difference to the County.

10.3 Equal Opportunity. It is the policy of the County to ensure compliance with Title VI of the Civil Rights Act of 1964, 49 CFR §21, and related statutes and regulations to the end that no person shall be excluded from participation in or be denied the benefits of, or be subject to discrimination under, any program or activity receiving federal financial assistance from the U.S. Department of Transportation on the grounds of race, color, sex, age, disability or national origin. No person shall be denied employment by the Company for reasons of race, color, sex, age, disability or national origin. Affirmative action compliance is required.

10.4 Left Intentionally Blank

10.5 Resident Status. Contractor required to provide E-Verify Affidavit.

10.6 Certified Public Weigher Law. The Contractor or materials supplier shall use certified scales. All applicable materials shall be measured on scales approved by the County Engineer. The Contractor shall provide weigh (haul) tickets for each load delivered to any job site.

10.7 Compliance with Laws. Contractor agrees that the Services provided pursuant to this Agreement shall be provided in compliance with all laws, ordinances and regulations of the United States, State of Georgia, and the County, now or hereafter in effect during the term of this Agreement.

Morgan County Board of Commissioners

10.8 Assignment. The Contractor shall not assign this Agreement, except upon the express prior written consent of the County.

10.9 Cancellation. The County has a right to cancel this Agreement for convenience on thirty (30) days written notice to the Contractor. The County has a right to cancel this Agreement for failure of Contractor to properly perform the duties herein within ten (10) business days written notice to the Contractor. Also, it is agreed that if Contractor is adjudged bankrupt, either voluntarily or involuntarily, or files a bankruptcy petition, then the County may terminate this Agreement at any time.

10.10 Notice. All notices, demands and requests required under this Agreement shall be in writing. All such notices, demands and requests shall be deemed to have been properly given if delivered personally or sent by United States Registered or Certified Mail or by nationally recognized guaranteed overnight courier delivery service, postage prepaid, addressed to the County at:

Morgan County Board of Commissioners Attn: Adam Mestres 150 East Washington Street Madison GA, 30650 and to the Contractor at:

Name of Company: ________________________________________

Address: ________________________________________

10.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflict of law principles.

In case of a dispute as to this form or any document required hereunder, this form shall be conclusively deemed reasonable and shall not be presumptively interpreted against either Party.

10.12 Entire Agreement. This Agreement represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations, or agreements, written or oral. This Agreement may be modified only by written amendment executed by all parties hereto.

Morgan County Board of Commissioners

IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date first above written.

CONTRACTOR

By: _____________________________

Name: _____________________________

Its: _____________________________

COUNTY

The Morgan County

By: _____________________________

2026 LMIG/TSPLOST Pavement Resurfacing

SPECIAL CONDITIONS

Section 150: Failure to comply with the following may result in liquidated damages:

Work Hours:

Monday through Friday 7 AM – 7 PM, Saturday 8 AM – 4 PM with 48 hour advance notice only, subject to inspector availability.

Notifications:

Work within the City of Madison or City of Rutledge require minimum 72 hour advance notice for public communication. Failure to communicate may result in work stoppage or LD’s per the terms of the contract. Vehicles parked on roads are the responsibility of the contractor if insufficient advanced notice is given.

Traffic Control:

All flaggers must be certified and be able to verbally communicate with a majority of Morgan County drivers.

AaronWadley Text Box Contractor will have 150 days to complete the entire scope of work