202608_supportingdocs_PE-60899-NONST-2027-000000083-2026-08-28_07_54_18-ebbb72d7-8ea2-4389-a7ba-6c82a126acee.pdf

CONTRACT DOCUMENTS FOR:

RESURFACING OF

VARIOUS CITY STREETS

CARTERSVILLE PROJECT NO. PW-2026-LMIG

ADVERTISEMENT FOR BID

Sealed proposals will be received by the City of Cartersville Public Works offices located at 330 South Erwin Street, Cartersville, Georgia 30120 until:

October 19th, 2026, AT 2 PM EST for the furnishing of all materials, labor, tools, skill, equipment and incidentals unless noted otherwise for the construction of the project entitled:

at which time and place the proposal will be publicly opened and read aloud.

Proposals received after the designated time will not be considered.

The principal items of construction are:

Deep patching, milling, spot leveling, resurfacing and striping of various City Streets for approximately 9.8 centerline miles of resurfacing. All work shall be performed according to the Georgia D.O.T. Standards and Specifications. Road mileage is subject to change and depends upon the availability of funding. An add-on project is included to pave and stripe the parking lot at the Cartersville Soccer Complex to fix pavement and drainage issues.

Another add-on project is included to pave and stripe the parking lot at the Maurice Heard Gym to fix pavement and parking issues. The quantities estimated for the Cartersville Soccer Complex add-on parking lot project are such that positive drainage away from the parking lot surface may be achieved. These add-on projects are to be bid on and billed separately from the street resurfacing project. The bidder selected to perform the street resurfacing project will be eligible to perform the add-on project if the City deems estimated price to be reasonable.

Bidders shall inform themselves of and comply with all conditions and specifications contained in the bid package, contract, related documents and State and Federal Law.

Specifications and contract documents are open to public inspection at the City of Cartersville Public Works offices located at 330 South Erwin Street, Cartersville, Georgia 30120. They are also available at http://www.cityofcartersville.org/rfps. The Public Works offices may be contacted by telephone at 770.387.5602 or by mail at P.O. Box 1390, Cartersville, Georgia 30120.

One Contract shall be awarded covering all work with a completion date of June 15, 2027.

Bidders must agree to pay as liquidated damages the sum of $500.00 per consecutive calendar day thereafter.

Plans and contract documents may be obtained free of charge by picking up in person at the City of Cartersville Public Works Department or by downloading at http://www.cityofcartersville.org/rfps.

Bids must be accompanied by a Certified Check or Bid Bond in an amount equal to not less than five percent (5%) of the bid to be considered.

No bid may be withdrawn after the scheduled closing time for receiving bids for a period of sixty

(60) days.

The Owner reserves the right to reject any or all bids and to waive formalities and re-advertise.

CITY OF CARTERSVILLE, GEORGIA

BY Tommy Rozier

Asset Manager

TABLE OF CONTENTS

PAGE

SECTION 0100 – INFORMATION FOR BIDDERS

RECEIPT AND OPENING OF BIDS ............................................................................ 0100-1 PREPARATION OF BID ................................................................................................ 0100-1 TELEGRAPHIC MODIFICATION ................................................................................. 0100-2 QUALIFICATIONS OF BIDDERS ................................................................................. 0100-2 BID SECURITY................................................................................................................ 0100-2

LIQUIDATED DAMAGES AND FAILURE TO ENTER INTO CONTRACT ............ 0100-2

TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................................ 0100-3 CONDITION OF WORK ................................................................................................. 0100-3 ADDENDA AND INTERPRETATIONS ........................................................................ 0100-3 SECURITY FOR FAITHFUL PERFORMANCE ......................................................... 0100-3 POWER OF ATTORNEY ............................................................................................... 0100-4 NOTICE OF SPECIAL CONDITIONS .......................................................................... 0100-4 LAWS AND REGULATIONS ......................................................................................... 0100-4 METHOD OF AWARD .................................................................................................... 0100-4 OBLIGATION OF BIDDER ............................................................................................ 0100-4 CORRELATION AND INTENT OF DOCUMENTS .................................................... 0100-4 CLAIMS ............................................................................................................................. 0100-5 ORDER OF WORK ......................................................................................................... 0100-5 SUBCONTRACTS .......................................................................................................... 0100-5 TIMELY EXECUTION ..................................................................................................... 0100-6

SECTION 0200 – BID PROPOSAL

BID PROPOSAL .............................................................................................................. 0200-1 CONSTRUCTION PAYMENT BOND .......................................................................... 0200-6 CONSTRUCTION PERFORMANCE BOND ............................................................. 0200-11 CONTRACT .................................................................................................................... 0200-16 CERTIFICATION OF OWNER'S ATTORNEY .......................................................... 0200-18

SECTION 0300 – GENERAL CONDITIONS

CONTRACT AND CONTRACT DOCUMENTS .......................................................... 0300-1 DEFINITIONS .................................................................................................................. 0300-1

Contractor ............................................................................................................. 0300-1 Contract ................................................................................................................ 0300-1 Project Representative ....................................................................................... 0300-1

Owner ..................................................................................................................... 0300-1 Subcontractor ........................................................................................................ 0300-1 Work on (at) the Project ...................................................................................... 0300-1

CORRELATION AND INTENT OF DOCUMENTS ..................................................... 0300-2 ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS ...................................... 0300-2 SHOP OR SETTING DRAWINGS................................................................................. 0300-2 MATERIALS, SERVICES AND FACILITIES ............................................................... 0300-2 CONTRACTOR'S TITLE TO MATERIALS .................................................................. 0300-2 MATERIALS FURNISHED BY THE CONTRACTOR ................................................. 0300-2 INSPECTION AND TESTING OF MATERIALS .......................................................... 0300-3 "OR EQUAL" CLAUSE .................................................................................................... 0300-3 PATENTS .......................................................................................................................... 0300-4 SURVEYS, PERMITS AND REGULATIONS .............................................................. 0300-4 LINES AND GRADES ..................................................................................................... 0300-4 CONTRACTOR'S OBLIGATIONS ................................................................................. 0300-4 CONTRACTOR'S RESPONSIBILITY ........................................................................... 0300-4 WEATHER CONDITIONS .............................................................................................. 0300-5 SAFETY PROVISIONS ................................................................................................... 0300-5 USE OF EXPLOSIVES ................................................................................................... 0300-5 SANITARY PROVISIONS ............................................................................................... 0300-5 PUBLIC CONVENIENCE AND SAFETY ..................................................................... 0300-5 PROTECTION OF WORK AND PROPERTY – EMERGENCY ............................... 0300-6 INSPECTION .................................................................................................................... 0300-6 REPORTS, RECORDS AND DATA .............................................................................. 0300-6 SUPERINTENDENCE BY CONTRACTOR ................................................................. 0300-7 COMPETENT LABOR ..................................................................................................... 0300-7 CONSTRUCTION EQUIPMENT ................................................................................... 0300-7 CHANGES IN THE WORK ............................................................................................. 0300-7 CHANGE IN CONTRACT PRICE .................................................................................. 0300-8 CHANGE OF THE CONTRACT TIME ......................................................................... 0300-12 CORRECTION OF WORK ............................................................................................. 0300-12 EXISTING UNDERGROUND UTILITIES AND STRUCTURES .............................. 0300-13 SUBSURFACE CONDITIONS FOUND DIFFERENT ............................................... 0300-13 CLAIMS FOR EXTRA WORK ....................................................................................... 0300-13 RIGHT OF THE OWNER TO TERMINATE CONTRACT ......................................... 0300-14 CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES ............................... 0300-14 PAYMENTS TO CONTRACTORS ............................................................................... 0300-14 ACCEPTANCE AND FINAL PAYMENT ...................................................................... 0300-16 PAYMENTS BY CONTRACTORS ............................................................................... 0300-17 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE ................................. 0300-17 CONTRACT SECURITY ................................................................................................ 0300-21 ADDITIONAL OR SUBSTITUTE BOND ...................................................................... 0300-22

LIEN ................................................................................................................................... 0300-22 ASSIGNMENTS .............................................................................................................. 0300-22 MUTUAL RESPONSIBILITY OF CONTRACTORS .................................................. 0300-23 COORDINATION WITH OTHER CONTRACTORS .................................................. 0300-23 SUBCONTRACTING ...................................................................................................... 0300-23 USE OF PREMISES AND REMOVAL OF DEBRIS .................................................. 0300-24 QUANTITIES OF ESTIMATE ........................................................................................ 0300-24 RIGHTS-OF-WAY AND SUSPENSION OF WORK .................................................. 0300-25 GUARANTY ..................................................................................................................... 0300-25 CONFLICTING CONDITIONS ...................................................................................... 0300-25 NOTICE AND SERVICE THEREOF ............................................................................ 0300-26 PROVISIONS REQUIRED BY LAW DEEMED INSERTED ..................................... 0300-26 SUSPENSION OF WORK ............................................................................................. 0300-26 MAINTENANCE OPERATIONS ................................................................................... 0300-26 MAINTENANCE .............................................................................................................. 0300-26 PROTECTION AND RESTORATION OF PROPERTY ............................................ 0300-26 RESPONSIBILITY FOR DAMAGE CLAIMS ............................................................... 0300-27

USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER ....................... 0300-27

INTEREST OF FEDERAL, STATE OR LOCAL OFFICIALS ................................... 0300-27 OTHER PROHIBITED INTERESTS............................................................................. 0300-27 USE OF CHEMICALS .................................................................................................... 0300-28 MAINTENANCE OF TRAFFIC ...................................................................................... 0300-28 SPECIAL HAZARDS ...................................................................................................... 0300-28

OWNER'S DIRECTIONS REGARDING WORK PARTIALLY COMPLETED ........ 0300-28

OWNER'S EXAMINATION OF WORK COMPLETED .............................................. 0300-28 EROSION AND SEDIMENT CONTROL ..................................................................... 0300-28

ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE ........................ 0300-28

OWNER'S RIGHT TO SUSPEND WORK ................................................................... 0300-28 TIME FOR COMPLETION AND LIQUIDATED DAMAGES ..................................... 0300-29

SECTION THREE: APPENDIX A

AFFIDAVIT FOR FINAL PAYMENT AND RELEASE OF LIENS ............................ 0300-32

SECTION 0400 – GENERAL NOTES

0100-1

SECTION 0100 – INFORMATION FOR BIDDERS

0101 RECEIPT AND OPENING OF BIDS

The CITY OF CARTERSVILLE, GEORGIA (hereinafter called the Owner), invites bids on the form attached hereto, all blanks of which must be appropriately filled

in. Bids will be received by the Owner at the PUBLIC WORKS DEPARTMENT

330 SOUTH ERWIN STREET, CARTERSVILLE, GEORGIA 30120 until

OCTOBER 19, 2026 AT 2 PM and then at said office publicly opened and read aloud. The envelope containing the bids must be sealed and designated as the bid for the construction of the project entitled:

RESURFACING OF

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities to reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof.

0102 PREPARATION OF BID

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten. In case of discrepancies, unit prices will take precedence over totals.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Any bid which is not properly prepared and accompanied by required certifications may be rejected by the Owner.

0100-2

0103 TELEGRAPHIC MODIFICATION

Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time.

If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification.

0104 QUALIFICATIONS OF BIDDERS

The Owner may make such investigations as he deems 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.

By submission of his Bid, the Bidder acknowledges the right of the Owner to make such investigations, to contact references and utilize this information as a basis of determining award of the contract. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

Written information pertaining to the Bidder's qualifications may be requested by the Owner. Failure of the Bidder to provide such information within fifteen days of notification will be grounds for disqualification.

0105 BID SECURITY

Each bid must be accompanied by a certified check or bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such certified checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining certified checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contracts, or, if no award has been made within 60 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

0106 LIQUIDATED DAMAGES AND FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such

0100-3 failure or refusal, the security deposited with his bid.

0107 TIME OF COMPLETION AND LIQUIDATED DAMAGES

Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project by June 15, 2027. Bidders must agree also to pay as liquidated damages the sum of $500.00 per each consecutive calendar day thereafter.

0108 CONDITION OF WORK

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

0109 ADDENDA AND INTERPRETATIONS

Oral interpretations of the meaning of plans, specifications or other contract documents shall not be binding over written material.

Every request for such interpretation should be in writing addressed to City of Cartersville Public Works, P.O. Box 1390, Cartersville, Georgia 30120 and to be given consideration must be received at least ten 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, will be mailed to all prospective bidders. Failure of any bidder to receive any such addendum or interpretations shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

0110 SECURITY FOR FAITHFUL PERFORMANCE

Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of his contract and for the payment of all persons performing labor on the project under this contract, and furnishing materials in connection with his contract, as specified in the General Conditions included herein. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

0100-4

0111 POWER OF ATTORNEY

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.

0112 NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the contract documents and specifications which are identified subsequently under Special Conditions.

0113 LAWS AND REGULATIONS

The bidders' attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

0114 METHOD OF AWARD

If the Contract is awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the project. The Owner shall have complete discretion in making this determination and may consider factors such as, but not limited to the following:

0114.01 Unit bid prices of various items as they relate to total bid price.

0114.02 Proximity of the Bidder's permanent place of business as it may relate to Bidder's responsiveness in carrying out the contract.

0114.03 Litigation record of the Bidder.

0114.04 Satisfactory completion of similar projects.

0114.05 Resources pertaining to management, personnel and equipment.

0114.06 Financial history, credit rating and current resources.

0115 OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid.

0100-5

0116 CORRELATION AND INTENT OF DOCUMENTS

The contract documents are complementary, and what is called for by one shall be as binding as if called for by all.

The intent of the documents is to describe in detail all construction entailed in this project. The contractor will furnish all labor, materials, equipment, transportation, tools and appurtenances such as may be reasonably required under the terms of the contract to make each part of the work complete.

The drawings are intended to conform and agree with the specifications. If, however, discrepancies occur, the Owners will decide which shall govern. Special specifications stated on the drawings govern that particular piece of construction and have equal weight and importance as the printed specifications. In the event of any discrepancies between the drawings and the figures written thereon, the figures are to be taken as correct.

0117 CLAIMS

The Owner reserves the right to refuse to issue any voucher and to direct that no payment shall be made the contractor in the case they have reason to believe that said contractor has neglected or failed to pay any subcontractor, material dealer, worker or employee for work performed on or about the project including work as set forth in these specifications, until the Owner is satisfied that such subcontractors, material dealers, worker, or employees have been fully paid.

However this provision shall not obligate the Owner to intervene in any claim.

0118 ORDER OF WORK

The work shall be started at such points as the Owner shall designate and shall be prosecuted in the order he directs. This applies to both location and items of construction.

0119 SUBCONTRACTS

If required by the Owner, the apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, may, before giving the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder

0100-6 declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom the Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner.

0120 TIMELY EXECUTION

When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least five unsigned counterparts of the Agreement and all other Contract Documents. Within ten days thereafter, the Contractor shall sign and deliver at least five counterparts of the Agreement to Owner with all other Contract Documents attached. Thereafter, the Owner will deliver two fully signed counterparts to Contractor.

..................................................... END OF SECTION

0200-1

SECTION 0200 – BID PROPOSAL

BID BOND

(Five Percent of Bid)

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned of the City of State of and County of as Principal and as Surety, are hereby held and firmly bound unto the CITY OF CARTERSVILLE, GEORGIA as Owner in the penal sum of

Dollars ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this day of , .

The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF CARTERSVILLE, GEORGIA a certain bid attached hereto and hereby made a part hereof to enter into a contract in writing for the construction of the project entitled:

CARTERSVILLE PROJECT NO. PW-2026-LMIG

NOW, THEREFORE,

(a) If said bid shall be rejected or in the alternate,

(b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of

0200-2

BID BOND

(Continued) said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be void;

otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bids, and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Witness As To Principal Principal

By SEAL

Witness As To Surety Surety

Address

Attorney-in-Fact

0200-3

BID PROPOSAL

Place

Date

Proposal of (hereinafter called

"Bidder") a contractor organized and existing under the laws of the City of

State of and County of , * an individual, a corporation, or a partnership doing business as

TO: CITY OF CARTERSVILLE, GEORGIA

(Hereinafter called "Owner")

Gentlemen:

The Bidder in compliance with your invitation for bids for the construction of

RESURFACING OF VARIOUS CITY STREETS CARTERSVILLE PROJECT NO. PW-

2026-LMIG having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth herein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under this contract, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project by June 15, 2027. Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions under "Time of Completion and Liquidated Damages."

Bidder acknowledges receipt of the following addenda:

*Strike out inapplicable terms

0200-4

The above prices shall include all labor, materials, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids.

The undersigned further agrees that, in case of failure on his part to execute said contract and bond within ten (10) days after the award thereof, the check or bond accompanying his bid and the money payable thereon shall become the property of the Owner;

otherwise, the check or bond accompanying this proposal shall be returned to the Bidder.

The Bidder declares that he understands that the quantities shown on the proposal are subject to adjustment by either increase or decrease, and that should the quantities of any of the items of work be increased, the undersigned proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, he also understands that payment will be made on actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in the 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.

Attached hereto is a bid bond or certified check on the of in the amount of according to conditions under "Information For Bidders" and the provisions therein.

The full name and residence of persons or parties interested in the foregoing bids, as principals, are named as follows:

0200-5

Dated at:

The day of , Principal

0200-6

CONSTRUCTION PAYMENT BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address):

OWNER (Name and Address):

CITY OF CARTERSVILLE

P.O. BOX 1390

CARTERSVILLE, GEORGIA 30120

CONSTRUCTION CONTRACT:

Date:

Amount:

Description (Name and location):

VARIOUS CITY STREETS CARTERSVILLE PROJECT NO. PW-2026-LMIG

SURETY (Name and Principal place of Business):

BOND:

Bond Number:

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner and for the use and protection of all subcontractors and persons supplying labor, materials, machinery, and

0200-7 equipment in the prosecution of the Work involved in this Construction Contract.

2. With respect to the Owner, this obligation shall be null and void if the Contractor:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 11) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligations to Claimant unless the Claimant has substantially complied with the requirements of O.C.G.A. 36-82-104 by giving the notices provided for therein. Each Claimant failing to substantially comply with said Code Section shall be deemed to have waived the protection of the payment bond. No Claimant shall file an action for payment against the Owner, Contractor or Surety, except in accordance with this section.

4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with the Contractor:

1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and

2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice

0200-8 to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor.

5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. The Surety's total obligation shall not exceed the amount of this Bond and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.

9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

11. No suit or action on this bond shall be instituted by a Claimant after expiration of one

(1) year from the completion of the contract and the acceptance of the work by the public entity responsible therefore.

0200-9

12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on this Bond.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. DEFINITIONS

15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto.

15.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof.

0200-10

CONTRACTOR AS PRINCIPAL SURETY

Company: Company:

(Corp. Seal) (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

0200-11

CONSTRUCTION PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address):

OWNER (Name and Address):

CITY OF CARTERSVILLE

P.O. BOX 1390

CARTERSVILLE, GEORGIA 30120

CONSTRUCTION CONTRACT:

Description (Name and location):

SURETY (Name and Principal place of Business):

BOND:

Bond number:

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor

0200-12 shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.

3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after:

3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and

3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and

3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.

4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or

4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default;

or

4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to the

0200-13

Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or

2. Deny liability in whole or in part and notify the Owner citing reasons therefor.

5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for:

6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors.

8. The Surety hereby waives notice of any change, including changes of time to the Construction Contract or to related subcontracts, purchase orders and other obligations.

0200-14

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions.

12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto.

12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof.

0200-15

CONTRACTOR AS PRINCIPAL SURETY

Company: Company:

(Corp. Seal) (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

0200-16

CONTRACT

THIS AGREEMENT made this the day of , , by and between the CITY OF CARTERSVILLE, GEORGIA, hereinafter called "Owner", and a contractor doing business as an individual, a partnership, or a corporation* of the City of , County of , and State of hereinafter called "Contractor".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Owner, the Contractor hereby agrees to commence and complete the construction of the project entitled:

hereinafter called the "Project", for the sum of

Dollars () and all extra work in connection therewith, under the terms as stated in the Contract Documents, and at his (its or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the proposal, the General Conditions of the Contract, the specifications and contract documents therefore as prepared by the Owner and as enumerated in Paragraph 2 of the General Conditions, all of which are made a part hereof and collectively constitute the Contract.

The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project by June 15, 2027. The Contractor further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions under "Time of Completion and Liquidated Damages."

*Strike out inapplicable terms.

0200-17

CONTRACT

The Owner agrees to pay the Contractor in current funds for the performance of the contract, subject to additions and deductions as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in "Payments to Contractor," of the General Conditions.

IN WITNESS WHEREOF, the parties to those presents have executed this contract in five (5) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

ATT…