260109 _ Contract Documents.pdf

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Attached to
Bank Stabilization at Palmetto & Greenwood Cemeteries
Solicitation number
PE-66350-NONST-2026-000000029
Issued by
Dooly County, Brooklet City, Georgia

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Bank Stabilization at Palmetto and Greenwood Cemeteries Contract

This is a sealed bid contract document issued by the City of Brunswick, Georgia for bank stabilization improvements at Palmetto and Greenwood Cemeteries. The project consists of furnishing all labor, materials, and equipment necessary for drainage ditch bank stabilization, including ditch bank clearing and grading, bank stabilization material installation, final grassing and planting, erosion control measures, and cleanup. Sealed bid proposals will be received until 2:00 p.m. on Thursday, February 12, 2026, at the City of Brunswick Office of Public Works, 525 Lakewood Avenue. A pre-bid meeting is scheduled for Thursday, January 29, 2026, at 10:00 a.m. at the same location. Contract documents include specifications referencing Georgia Department of Transportation standard specifications and best management practices for erosion and sedimentation control. The contract time is 90 calendar days from the Notice to Proceed, with liquidated damages assessed at $1,000 per day for delays beyond the allotted time, unless written extension requests are submitted and approved by the City at least 30 days prior to the contract deadline.

All bidders must be licensed to conduct business in the State of Georgia and fully insured. A bid bond equal to 10 percent of the bid amount must accompany each proposal. The successful bidder will be required to furnish performance and payment bonds, each in the amount of 100% of the total contract price. During construction, the contractor must maintain a superintendent on-site at all times. Monthly progress pay requests may be submitted to the City Engineer for payment within 30 days of receipt. The City reserves the right to reject any and all bids, negotiate, waive informalities, and make the award in the best interest of the City. Bid documents are available in electronic format from the City of Brunswick Purchasing Department, 601 Gloucester Street, Brunswick, Georgia 31520, by contacting Raquel McCray at (912) 267-5538 or rmccray@cityofbrunswick-ga.gov.

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Text version

BANK STABILIZATION

AT

PALMETTO AND GREENWOOD

CEMETERIES

CONTRACT DOCUMENTS

Prepared by:

THE CITY OF BRUNSWICK

JANUARY 2026

Phone: (912) 267-5540

(912) 267-5570

City of Brunswick, Georgia

BANK STABILIZATION AT PALMETTO & GREENWOOD CEMETERIES

BANK STABILIZATION

AT

PALMETTO & GREENWOOD CEMETERIES

BRUNSWICK, GEORGIA

TABLE OF CONTENTS

00100 Advertisement for Bids 00200 Instructions to Bidders 00450 Bid Bond 00480 Summary of Quantities - Bid Form 00500 Agreement 00600 Performance Bond 00610 Payment Bond 00615 E-verify Statements 00616 Oath 00617 Drug Free Workplace Certification 00620 Certificate of Attorney 00700 General Conditions 01600 Special Provisions

Advertisement for Bids

Sealed bid proposals for the BANK STABILIZATION AT PALMETTO & GREENWOOD CEMETERIES within the City of Brunswick will be received at the City of Brunswick Office of Public Works, 525 Lakewood Avenue, Brunswick, Georgia, Attention City Engineer, until 2:00 P.M., legal prevailing time on Thursday, February 12, 2026, at that time to be publicly opened and read aloud. No Bid may be withdrawn after closing for a period of 30 calendar days.

A pre-bid meeting will be held in the conference room at City of Brunswick Public Works, 525 Lakewood Ave, Brunswick, Georgia, on Thursday, January 29, 2026, at 10:00 a.m. All potential bidders are encouraged to attend this meeting.

This project consists of furnishing all labor, materials and equipment necessary for drainage ditch bank stabilization improvements including grading, erosion control, stabilization material installation, and vegetation along with cleanup and any incidental work thereto to complete the project. All work is to meet specifications and/or standards of the City of Brunswick and to include any addendums thereof.

Project will include:

• Ditch bank clearing and grading;

• Bank Stabilization material installation;

• Final grassing and planting;

Plans, specifications and Contract Documents may be obtained from City of Brunswick Purchasing Department, 601 Gloucester Street, Brunswick, Georgia, 31520. Documents will be available in electronic format. Contact Raquel McCray at (912) 267-5538 or rmccray@cityofbrunswick-ga.gov.

All bidders must be licensed to conduct business of this nature in the State of Georgia. Bidders must be fully insured so as to save the City of Brunswick harmless as a result of any action or accident related to this project. A Bid Bond of 10% of the amount of the bid must accompany the bid. The successful bidder will be required to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Contract amount.

During the course of construction, the contractor shall have a superintendent on the site at all times during performance of the work. Monthly progress pay requests may be submitted to the City Engineer for payment. The City will honor same within 30 days after receipt.

The City of Brunswick, owner, reserves the right to reject any and all bids, negotiate, waive informalities and/or make the award in the best interest of the City of Brunswick.

City of Brunswick Cosby H. Johnson, Mayor

SECTION 00200

INSTRUCTIONS TO BIDDERS

1. Defined Terms: Terms used in these Instructions to Bidders which are defined in the

General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder” means one who submits a Bid directly to the City of Brunswick, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Successful Proposer" means the lowest, qualified, responsible, and responsive Bidders to whom City of Brunswick (on the basis of City of Brunswick's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Advertisement for Bids, Instructions to Bidders, the Bid and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids.) (See Page V-2)

2. Copies of Bid Documents:

2.1 Complete sets of the Bid Documents in the number and for the sum, if any, stated in the Advertisement for Bids may be obtained from the City.

2.2 Complete sets of Bid Documents must be used in preparing Bids; neither City of

Brunswick nor Engineer (or architect) assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

2.3 City of Brunswick and Engineer (or architect) in making copies of Bid Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. Qualifications of Bidders: To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of City of Brunswick's request; written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for in the Supplementary Conditions. Each Bid must contain evidence of Proposer's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. Examination of Contract Documents and Site:

4.1 It is the responsibility of each Bidders before submitting a Bid , to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local condi-tions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, pro-gress, performance or furnishing of the Work, (d) study and carefully correlate Proposer's observations with the Contract Documents, and (3) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

4.2 Reference is made to the Supplementary Conditions for identification of:

4.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidders may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of Bid or construction.

4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface conditions, (except Underground Facilities), which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidders may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of Bid or construction.

Copies of such reports and drawings will be made available by City of Brunswick to any Bidders on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidders is entitled to rely as provided in Paragraphs 4.2.1 and

4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions.

4.3 Information and data reflected in the Contract Documents with respect to

Underground Facilities at or contiguous to the site is based upon information and data furnished to City of Brunswick and Engineer by Owners of such Underground Facilities or others, and City of Brunswick does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.

4.5 Before submitting a Bid , each Bidders will, at Proposer's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidders deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.6 On request in advance, City of Brunswick will provide each Bidders access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by City of Brunswick unless otherwise provided in the Contract Documents.

4.8 The submission of a Bid will constitute an incontrovertible representation by

Bidders that Bidders has complied with every requirement of this paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. Interpretations and Addenda:

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to the City Engineer. Interpretations or clarifications considered necessary by City Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by City Engineer as having received the Bid Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the Bid Documents as deemed advisable by

City of Brunswick or Engineer.

6. Bid Security:

6.1 Each Bid must be accompanied by Bid security made payable to City of Brunswick in an amount of ten percent of the Proposer's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions.

6.2 The Bid security of the Successful Bidders will be retained until such Bidders has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidders fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, City of Brunswick may annul the Notice of Award and the Bid security of those Bidders will be forfeited. The Bid security of other Bidders whom City of Brunswick believes to have a reasonable chance of receiving the award may be retained by City of Brunswick until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

7. Contract Time: The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.

8. Liquidated Damages: If the Contractor shall fail to complete satisfactorily all the work within the contract time, or extended contract time if authorized by change orders, then the Contractor will pay to the City of Brunswick the amount of liquidated damages specified in the Contract Documents for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents.

The Contractor shall not be charged with liquidated damages or any excess cost when the delay in satisfactory completion of all the work is due solely to the following and the Contractor has promptly given written notice of such delay to the City of Brunswick or Engineer within 10 days of the commencement thereof:

a. To any preference, priority or allocation order duly issued by the City of Brunswick, or

b. To unforeseeable causes beyond the control and without any fault or negligence of the Contractor, or a subcontractor, including but not restricted to, acts of God, acts of the public enemy, acts of the City of Brunswick, fires, floods, epidemics, quarantine restrictions and abnormal and unforeseeable weather, or

c. To any delays of subcontractors occasioned solely by any of the causes specified in paragraphs (a) and (b) other than delays due to fault or negligence of the Contractor or another subcontractor.

9. Substitute or "Or Equivalent" Items: The materials and equipment described in the Bid

Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidders and has been received by Engineer at least fifteen days prior to the date for receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or Work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Proposer. The Engineer's decision of approval or disapproval of a proposed substitution shall be final. If Engineer approves any proposed substitution, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. This paragraph will only apply to major materials and equipment listed in the Bid.

10. Subcontractors, Suppliers and Others:

10.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to City of Brunswick in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Proposer, and any other Bidders so requested, shall within seven days after the Bid opening submit to City of Brunswick a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by City of Brunswick. If City of Brunswick or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidders to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidders declines to make any such substitution, City of Brunswick may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Proposer. Any Subcontractor, Supplier, other person or organization listed and to whom City of Brunswick or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to City of Brunswick and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General Conditions.

10.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

11. Bid:

11.1 The Bid is included with the Bid Documents; additional copies may be obtained from Engineer.

11.2 All blanks in the Bid must be completed in ink or by typewriter.

11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

11.5 All names must be typed or printed below the signature.

11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid).

11.7 The address and telephone number for communications regarding the Bid must be shown.

12. Submission of Bids:

12.1 Bids shall be submitted at the time and place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidders and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED" on the face of it.

12.2 Prospective Bidders are furnished one bound copy of the Bid Documents. The Bid is to be completed and submitted with Bid Security.

13. Modification and Withdrawal of Bids:

13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

13.2 If, within twenty-four hours after Bids are opened, any Bidders files a duly signed, written notice with City of Brunswick and promptly thereafter demonstrates to the reasonable satisfaction of City of Brunswick that there was a material and substantial mistake in the preparation of its Bid , that Bidders may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further Bid on the Work to be provided under the Contract Documents.

14. Opening of Bids: Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

15. Bids to Remain Subject to Acceptance: All Bids will remain subject to acceptance for sixty days after the day of the Bid opening, but City of Brunswick may, in its sole discretion, release any Bid and return the Bid security prior to that date.

16. Award of Contract:

16.1 City of Brunswick reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Proposer, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, City of Brunswick reserves the right to reject the Bid of any Bidders if City of Brunswick believes that it would not be in the best interest of the Project to make an award to that Proposer, whether because the Bid is not responsive or the Bidders is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City of Brunswick. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Dis-crepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.2 In evaluating Bids, City of Brunswick will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

16.3 City of Brunswick may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Brunswick also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.4 City of Brunswick may conduct such investigations as City of Brunswick deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City of Brunswick's satisfaction within the prescribed time.

16.5 If the Contract is to be awarded, it will be awarded to the lowest Bidders whose evaluation by City of Brunswick indicates to City of Brunswick that the award will be in the best interest of the Project.

16.6 If the Contract is to be awarded, City of Brunswick will give the Successful Bidders a

Notice of Award within sixty days after the day of the Bid opening.

17. Contract Security: Paragraph 5.1 of the General Conditions and the Supplementary

Conditions set forth City of Brunswick's requirements as to Performance and Payment Bonds. When the Successful Bidders delivers the executed Agreement to City of Brunswick, it must be accompanied by the required Performance and Payment Bonds.

18. Signing of Agreement: When City of Brunswick gives a Notice of Award to the Successful

Proposer, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Brunswick with the required Bonds. Within ten days thereafter City of Brunswick shall deliver one fully signed counterpart to Contractor.

19. Laws and Regulations: The Contractor shall keep himself fully informed of all laws, ordinances and regulations of State, City and County in any manner affecting those engaged or employed in the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall forthwith report the same in writing to the City of Brunswick. He shall at all times, himself, observe and comply with all such existing and future laws, ordinances and regulations and shall protect and indemnify the City of Brunswick and its agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree whether by himself or by his employees.

END OF SECTION

SECTION 00450

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the City of Brunswick, Georgia as Owners in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, and our heirs, executors, administrators, successors and assigns.

Signed, this day of , 2026.

The condition of the above obligation is such that whereas the Principal has submitted to the

City of Brunswick, Georgia a certain bid, attached hereto and hereby made a part hereof to enter into contract in writing, for the BANK STABILIZATION AT PALMETTO & GREENWOOD

CEMETERIES

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 said contract, and for the payment of all persons performing labor and 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 obligation of said

Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the City of Brunswick may accept such Bid; and said Surety does hereby waive notice of any such extension.

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

(L.S.)

PRINCIPAL

SURETY

BY

Bank Stabilization at Palmetto and Greenwood Cemeteries

Bid Form January 2026

Item Qty. Units Unit Cost Total Cost

1 Mobilization 1 LS

2 Traffic Control 1 LS

3 Grading Complete 1 LS

4 Dewatering Allowance 1 LS

5 Rock Filter Dam (Rd) 41 SY

6 Silt Fence (Sd-1) 1954 LF

7 Top Soil (Tp) 1 LS

8 Temp. Grass & Mulch (Ds1 / Ds2) 0.2 AC

9 Perm. Grass (Ds3) 0.2 AC

10 Dust Control (Du) 1 LS

11 Tree Protection (Tr) 5 EA

12 Construction Exit (Co) 3 EA

13 Bank Stabilization Infrastructure 2362 SY

Subtotal

Contingency (10%)

Project Total

Company Name signature date

SECTION 00500

AGREEMENT

THIS AGREEMENT, made this day of , 2026, by and between the

City of Brunswick, Georgia , hereinafter called "OWNER" and ____________________., doing business as a for-profit corporation in the State of Georgia, hereinafter called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the BANK STABILIZATION AT

PALMETTO & GREENWOOD CEMETERIES and all other incidental work required by the Contract

Documents for a complete project hereinafter called the "WORK". The “WORK” shall also include General and Special Conditions and the price included in the items in the

CONTRACT and no separate payment will be made for same.

2. The CONTRACTOR will furnish all the material, supplies, tools, equipment, labor and other services necessary for the preparation, demolition and completion of the WORK.

3. The CONTRACTOR will commence the work required by the CONTRACT

DOCUMENTS on the date indicated in the NOTICE TO PROCEED and will complete the project in 90 calendar days unless the contract time is extended as provided in the General

Conditions. A liquidated damage penalty will be assessed at a unit rate of $1,000 per day for each day the work exceeds the allotted time unless a written extension request and justification for delays are submitted to the City and approved in writing by the City a minimum of (30) days prior to the contract deadline.

4. The CONTRACTOR agrees to perform all Work described in the CONTRACT

DOCUMENTS and comply with the terms therein for the sum of

_____________________________________________ dollars ($ ) or as shown in the Bid Form (00480).

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

00100 Advertisement for Bids 00200 Instructions to Bidders 00450 Bid Bond 00480 Bid Form 00500 Agreement 00600 Performance Bond 00610 Payment Bond 00615 E-Verify 00616 Oath 00620 Certificate of City of Brunswick’s Attorney

00700 General Conditions 01600 Special Provisions

Addenda: No. , dated, _ _______

No. , dated, _ _______ No. , dated, ________

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT

DOCUMENTS. Partial pay estimates shall be in accordance with the Supplementary

Conditions.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in five (5) counterparts each of which shall be deemed an original on the date first above written.

CITY OF BRUNSWICK:

BRUNSWICK, GEORIGA

BY: (SEAL)

NAME: Cosby Johnson _________

Title: Mayor ATTEST:

Name:

Title:

CONTRACTOR:

BY:

NAME: (SEAL)

ADDRESS: ATTEST:

Name:

SECTION 00600

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a corporation , hereinafter called (Corporation, Partnership, or Individual)

Principal, & (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

601 Gloucester Street, Brunswick, Georgia, 31520 hereinafter called OWNER, in the penal sum of

_ Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2026, a copy of which is hereto attached and made a part hereof for the project of:

BANK STABILIZATION AT PALMETTO & GREENWOOD CEMETERIES

NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the CITY OF BRUNSWICK, with or without notice to the Surety, and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that 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 wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this the day of ______________, 2026.

ATTEST:

Principal

(Principal Secretary)

(SEAL) BY: (s)

(Address)

Witness as to Principal

(Address) Surety

By:

Attorney-in-Fact and Georgia Resident Agent

ATTEST:

Witness as to Surety

(Address) (Address)

NOTE: DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

SECTION 00610

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a corporation , hereinafter called

(Corporation, Partnership, or Individual)

Principal, and (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

601 Gloucester Street, Brunswick, Georgia, 31520 hereinafter called OWNER, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2026, a copy of which is hereto attached and made a part hereof for the construction of:

BANK STABILIZATION AT PALMETTO & GREENWOOD CEMETERIES

NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that 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 wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this the day of , 2026.

ATTEST:

Principal

(Principal Secretary)

(SEAL) BY: (s)

(Address)

Witness as to Principal

(Address) Surety

By:

Attorney-in-Fact and Georgia Resident Agent

ATTEST:

Witness as to Surety

(Address) (Address)

NOTE: DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

Contractor Affidavit under O.C.G.A. § 13-10-91 (b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Brunswick, GA, has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ________, ____, 2026 in_____ _ (city), __ _____ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

Subscribed and Sworn before me on this ____ day of ________________________, 20___.

NOTARY PUBLIC

My Commission Expires: __________________________________________________

Subcontractor Affidavit under O.C.G.A. § 13-10-91 (b)(3)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________(name of contractor) on behalf of the City of Brunswick, GA, has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor.

Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer

I do hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ________ ____, 2026 in________________________ (city), _______ (state).

Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent

Subscribed and Sworn before me on this ____ day of ________________, 20__.

NOTARY PUBLIC Commission Expires

OATH

State of Georgia

County of Glynn

City of Brunswick

I, ______________________________________________, solemnly swear that in the procurement of the contract BANK STABILIZATION AT PALMETTO & GREENWOOD CEMETERIES, that I, nor any other person associated with me or my business, corporation or partnership, has prevented or attempted to prevent competition in the bidding or proposals of said project or from submitting a bid or proposal for this project by any means whatever.

Lastly, I swear that neither I, nor any other person associated with me or my business, corporation or partnership has caused or induced any other bidder or proposer to withdraw his/her bid or proposal from consideration for this project. Said oath is filled in accordance with the requirements set forth in O.C.G.A. § 36-91-21 (e).

This _____________day of___ _________2026

Signed by_________________________________________________________

(Corporate or Partnership Name)

Sworn to and subscribed before me this __________day of _____ ______2026

NOTARY PUBLIC

My Commission Expires:

(SEAL)

DRUG FREE WORKPLACE CERTIFICATION

In order to have a drug- free workplace, a business shall:

• Publish a statement notifying employees that the unlawful, manufacture, distribution, dispensing, possession, or use of controlled substances is prohibited in the workplace and specifying the actions that shall be taken against employees for violation of such prohibition.

• Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

• As a condition of working on the commodities or contractual services then under Proposal, the employee shall notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction.

• Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program if such in available in the employee’s community, by any employee who is so convicted.

• Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements.

Company Name

Authorized Signature

Title

Date

SECTION 00620

CERTIFICATE OF ATTORNEY

I, the undersigned, , the duly authorized and acting legal representative of , do hereby certify as follows: I have examined the foregoing contract and surety bonds and the manner of execution thereof, and I am of the opinion that to the best of my knowledge, without independent verification, each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

Signature of Attorney

Date

SECTION 00700

GENERAL CONDITIONS

TABLE OF CONTENTS OF GENERAL CONDITIONS

Article Title Number Page

1. Definitions 00700-1

2. Preliminary Matter 00700-3

3. Contract Documents: Intent, Amending, Reuse 00700-5

4. Availability of Lands; Physical Conditions;

Reference Points 00700-6

5. Bonds and Insurance 00700-9

6. Contractor's Responsibilities 00700-12

7. Other Work 00700-20

8. Owner's Responsibilities 00700-21

9. Construction Manager's Status During Construction 00700-21

10. Changes in the Work 00700-24

11. Change of Contract Price 00700-25

12. Change of Contract Time 00700-29

13. Warranty and Guarantee; Tests and

Inspections; Correction, Removal or Acceptance of Defective Work 00700-30

14. Payments to Contractor and Completion 00700-33

15. Suspension of Work and Termination 00700-38

16. Section Not Used 00700-40

17. Miscellaneous 00700-41

INDEX TO GENERAL CONDITIONS

Paragraph Number

Acceptance of Insurance 5.7 Access to the Work. 13.2 Addenda - definition of (see definition of Specifications) 1 Agreement - definition 1 All Risk Insurance 5.4 Amendment, Written 1,3.4.1 Application for Payment, definition of 1 Application for Payment, Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment-review of 14.4-14.7 Authorized Variation in Work 9.5 Availability of Lands 4.1 Award, Notice of-defined 1

Before Starting Construction 2.5-2.7 Bid-definition of 1 Bonds and Insurance-in general 5 Bonds-definition of 1 Bonds, Delivery of 2.1

Cash Allowances 11.8 Change Order-definition of 1 Change Orders-to be executed 10.4 Changes in the Work 10 Claims, Waiver of-on Final Payment 14.16 Clarifications and Interpretations 9.4 Cleaning 6.17 Completion 14 Completion, Substantial 14.8-14.9 Conference, Preconstruction 2.8 Conflict, Error, Discrepancy-Contractor to Report 2.5,3.3 Construction Machinery, Equipment, etc. 6.4 Continuing Work 6.29 Contract Documents-amending and supplementing 3.4-3.5 Contract Documents-definition of 1 Contract Documents-Intent 3.1-3.3 Contract Documents-Reuse of 3.6 Contract Price, Change of 11 Contract Price-definition 1 Contract Time, Change of 12 Contract Time, Commencement of 2.3 Contractor Time-definition of 1 Contractor May Stop Work or Terminate 15.5 Contractor's Continuing Obligation 14.15

Contractor's Duty to Report Discrepancy in Documents 2.5,3.2 Contractor's Fee-Cost Plus 11.4.5.6, 11.5.1, 11.6,

11.7 Contractor's Liability Insurance 5.1 Contractor's Responsibilities-in general 6 Contractor's Warranty of Title 14.3 Contractors-other 7 Contractual Liability Insurance 5.1 Coordinating Contractor-definition of 7.4 Coordination 7.4 Copies of Documents 2.2 Correction or Removal of Defective Work 13.11 Correction, Removal or Acceptance of Defective Work-in general 13.11-13.14 Cost-net decrease 11.6.2 Costs, Supplemental 11.4.5

Day-definition of 1 Defective-definition of 1 Defective Work, Acceptance of 13.13 Defective Work, Correction or Removal of 13.11 Defective Work-in general 13, 14.7, 14.11 Defective Work, Rejecting 9.6 Definitions 1 Delivery of Bonds 2.1 Determination for Unit Prices 9.10 Disputes, Decisions by Construction Manager 9.11-9.12 Documents, Copies of 2.2 Documents, Record 6.19 Documents, Reuse 3.6 Drawings-definition of 1

Easements 4.1 Effective date of Agreement-definition of 1 Emergencies 6.22 Construction Manager-definition of 1 Construction Manager's Decisions 9.10-9.12 Construction Manager's-Notice Work is Acceptable 14.13 Construction Manager's Recommendation of Payment 14.4, 14.13 Construction Manager's Responsibilities, Limitations on 6.6, 9.11, 9.13-9.16 Construction Manager's Status During Construction-in general 9 Equipment, Labor, Materials and 6.3-6.6 Equivalent Materials and Equipment 6.7 Explorations of physical conditions 4.2

Fee, Contractor's-Cost Plus 11.6 Field Order-definition of 1 Field Order-issued by Construction Manager 3.5.1, 9.5 Final Application for Payment 14.12 Final Inspection 14.11

Final Payment and Acceptance 14.13 Final Payment, Recommendation of 14.13-14.14

General Provisions 17.3-17.4 General Requirements-definition of 1 General Requirements-principal references to 2.6, 4.4, 6.4, 6.6-6.7,

6.23 Giving Notice 17.1 Guarantee of Work-by Contractor 13.1

Indemnification 6.30-6.32, 7.5 Inspection, Final 14.11 Inspection, Tests and 13.3 Insurance, Bonds and-in general 5 Insurance, Certificates of 2.7, 5 Insurance-completed operations 5.1 Insurance, Contractor's Liability 5.1 Insurance, Contractual Liability 5.2 Insurance, Owner's Liability 5.3 Insurance, Property 5.4-5.10 Insurance-Waiver of Rights 5.4 Intent of Contract Documents 3.3, 9.14 Interpretations and Clarifications 9.4 Investigations of physical conditions 4.2

Labor, Materials and Equipment 6.3-6.5 Laws and Regulations-definition of 1 Laws and Regulations-general 6.14 Liability Insurance-Contractor's 5.1 Liability Insurance-Owner's 5.3 Liens-definitions of 14.2 Limitations on Construction Manager's Responsibilities 6.6, 9.13-9.16

Materials and Equipment-furnished by Contractor 6.3 Materials and Equipment-not incorporated in Work 14.2 Materials or equipment-equivalent 6.7 Miscellaneous Provisions 17 Multi-prime Contracts 7

Notice, Giving of 17.1 Notice of Acceptability of Project 14.13 Notice of Award-definition of 1 Notice to Proceed-definition of 1 Notice to Proceed-giving of 2.3

"Or-Equal" Items 6.7 Other Contractors 7 Other Work 7 Overtime Work-prohibition of 6.3 Owner-definition of 1

Owner May Correct Defective Work 13.14 Owner May Stop Work 13.10 Owner May Suspend Work, Terminate 15.1-15.4 Owner's Duty to Execute Change Orders 11.8 Owner's Liability Insurance 5.3 Owner's Representative-Construction Manager to serve as 9.1 Owner's Responsibilities-in general 8 Owner's Separate Representative at Site 9.3

Partial Utilization 14.10 Partial Utilization-definition of 1 Partial Utilization -Property Insurance 5.8 Patent Fees and Royalties 6.12 Payments, Recommendations of 14.4-14.7, 14.13 Payments to Contractor-in general 14 Payments to Contractor-when due 14.4, 14.13 Payments to Contractor-withholding 14.7 Permits 6.13 Physical Conditions 4.2 Physical Conditions-Construction Manager's review 4.2.4 Physical Conditions-existing structures 4.2.2 Physical Conditions-explorations and reports 4.2.1 Physical Conditions-possible document change 4.2.5 Physical Conditions-price and time adjustments 4.2.6 Physical Conditions-report of differing 4.2.3 Physical Conditions-underground facilities 4.3 Preconstruction Conference 2.8 Preliminary Matters 2 Premises, Use of 6.16-6.18 Price, Change of Contract 11 Price-Contract-definition of 1 Progress Payment, Applications for 14.2 Progress Payment-retainage 14.2 Progress schedule 2.6, 2.9, 6.6, 6.29,

15.2.6 Project-definition of 1 Project Representation-provision for 9.3 Project Representation, Resident-definition of 1 Project, Starting the 2.4 Property Insurance 5.4-5.8 Property Insurance-partial utilization 5.8 Property Insurance-receipt and application of proceeds 5.5 Protection, Safety and 6.20-6.21 Punch list 14.11

Recommendation of Payment 14.4, 14.13 Record Documents 6.19 Reference Points 4.4 Regulations, Laws and 6.14 Rejecting Defective Work 9.6

Related Work at Site 7.1-7.3 Remedies Not Exclusive 17.4 Removal or Correction of Defective Work 13.11 Resident Project Representative-definition of 1 Resident Project Representative-provision for 9.3 Responsibilities, Contractor's-in general 6 Responsibilities, Construction Manager's-in general 9 Responsibilities, Owner's-in general 8 Retainage (Reference Section 00800 – Supplementary Conditions 14.2 Item No.

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