Appling 2026 LMIG Project Manual 10_13_25.pdf

MANDATORY PREBID MEETING ON MONDAY NOVEMBER 10, 2025, AT 10:00 AM

LOCATED AT APPLING COUNTY ANNEX, 69 TIPPINS STREET SUITE # 201, BAXLEY,

GEORGIA 31513.

PROJECT MANUAL

Appling County Board of Commissioners,2026 LMIG for Patching, Leveling and Resurfacing

INVITATION FOR BID NO. 2506

October 22, 2025

Appling County Board of Commissioners 2026 LMIG for Patching, Leveling and Resurfacing

Invitation for Bid No. 2506

Table of Contents

INVITATION

INSTRUCTION TO BIDDERS

BID SHEET

BID SHEET TABLE

REPRESENTATION

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT REQUIREMENTS

CONTRACTOR AFFIDAVIT AND AGREEMENT

SUBCONTRACTOR AFFIDAVIT

EQUAL EMPLOYMENT OPPORTUNITY (EEO) PRACTICE

LEGAL AND CHARACTER QUALIFICATIONS

PRINCIPALS AND REFERENCES

OATH

BID BOND

CHECK LIST

CONTRACT FOR SERVICES

PART B: PERFORMANCE BOND

PART C: PAYMENT BOND

PART D: AFFIDAVIT OF PAYMENT OF CLAIMS

PART E: CERTIFICATE OF INSURANCE

PART F: DRUG FREE WORKPLACE CERTIFICATION

SPECIAL CONDITIONS

SPECIAL PROVISIONS

GENERAL CONDITIONS

Summary Sheet……………………………………………………………………………………………………………………………….73

Typical Sections…………………..……………………….……….………………………………………………………………………74

Prepared by:

Roberts Civil Engineering, LLC

St. Simons | Savannah | Jacksonville | Charleston Ph. 912-638-9681

RobertsCivilEngineering.com

INVITATION

Appling County Board of Commissioners 69 Tippins Street Suite # 201

Baxley, Georgia 31513

(912) 367-8100

DATE: October 22, 2025 PROJECT NAME: 2026 LMIG for Patching, Leveling and Resurfacing

BID NO.: 2506

MANDATORY PRE-BID CONFERENCE: Monday, November 10, 2025, 10:00 A.M.

BID OPENING: Friday, November 21, 2025 at 10:00 A.M.

This is an invitation to submit a bid to Appling County Board of Commissioners Resurfacing 2026 LMIG for Patching, Leveling and Resurfacing, as indicated herein. Sealed bids will be received at 69 Tippins Street Suite # 201, Baxley, Georgia 31513 up to 10:00 A.M., Friday, November 21, 2025, at which time they will be opened and publicly read.

Instructions for preparation and submission of a bid-proposal are contained in this packet. Bids must be typed or printed in ink. Bids submitted as a result of this invitation must include the "Bidders Response Schedule" and be returned in a sealed envelope or container marked, "SEALED BID" with the applicable "BID NUMBER" on the outside. No bid can be considered unless so received. If you do not quote, please return a signed bid invitation sheet and state reason. Otherwise, your name may be removed from our vendors list.

The mandatory pre-bid conference will be held on November 10, 2025 10:00 AM at the address mentioned above. Any questions and / or misunderstandings that may arise from this invitation shall be emailed to Hrozier@robertscivilengineering.com one week prior to the bid opening.

Answers to questions submitted that materially change the conditions and specifications of this invitation for bid will be promulgated to all addressees as an addendum. Any discussions or documents will be considered non-binding unless incorporated and promulgated in an addendum.

Appling County Board of Commissioners provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin, handicap or veteran status. This policy ensures all segments of the business community have access to supplying the goods and services needed by Appling County Board of Commissioners.

The Appling County Board of Commissioners reserves the right to waive all technicalities, reject any or all bids, and make the award in their best interest.

INSTRUCTION TO BIDDERS

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

h. Work to Be Done: This project consists of 8.814 Miles +/- of Patching, Leveling, Resurfacing, on Dyal School Road and Others.

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

The Bidder shall notify the Owner of the date and time he proposes to examine the location of the work. The Bidder shall confine his examination to the specific areas designated for the proposed construction, including easements and public rights of way.

The Bidder is solely responsible for any damages caused by his examination of the site.

4. Bid and Contract Security: Each Proposal must be accompanied by a bid bond for an amount equal to at least five percent (5%) of the amount bid. If for any reason whatsoever the Bidder withdraws from the competition after opening the bids, or if he refuses to execute the Contract, the Owner will proceed on the Bid Bond. The Surety of the Bid Bond, Performance Bond, and Payment Bond shall be a surety company authorized to do business in the State of Georgia, shall be listed in the Department of the Treasury Circular 570, and shall have an underwriting limitation in excess of 100% of the bid amount. The Bonds and Surety shall be subject to approval by the Attorney for the Owner.

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

5. Determination of Successful Bidder: The Contract will be awarded to the lowest responsive, responsible bidder, if awarded, but the County has the authority to reject any bid at its discretion.

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

1. Maintains a permanent place of business.

2. Has the appropriate technical experience.

3. Has adequate plant and equipment to do the work properly and expeditiously.

4. Has suitable financial means to meet obligations incidental to the work.

The Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the Owner that he is properly qualified to carry out the obligation of the Contract.

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

h. Bid Alternates: Bidders are requested to review Bid alternates as outlined on the

Proposal Form.

h. Contract Time: Contract time shall consist of Two Hundred Seventy (270) consecutive calendar days for the completion of work, to be computed from the date of the Notice to Proceed.

8. Submission of Bids: Bids shall be submitted at the time and place indicated in the

Invitation to Bid. It is the responsibility of the Bidder to have the sealed bids at the County Clerk’s Office 20 minutes prior to the time of opening if the Bidder is not attending the opening.

On the outside of the envelope containing the bid shall be noted the following:

IFB # 2506 Appling County Board of Commissioners 2026 LMIG for Patching, Leveling and

9. Proposal Form: Bids shall be submitted on the Proposal Forms included. Bids shall be based upon unit prices for estimated quantities excepting where bid items require lump sum proposals as indicated by the Proposal Form. Where errors or omissions result in discrepancies in bid totals, prices per unit as submitted will be binding.

Final payment will be based upon actual in-place measured quantities, excepting where lump sums are requested for bid items.

BID SHEET

QUOTATION FROM (BIDDER):

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all the terms and conditions of the Invitation and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer period that BIDDER may agree to in writing upon request of OWNER.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

(a) BIDDER has examined and carefully studied the Plans (if any) and Specifications for the work and contractual documents relative thereto, and has read all Technical Provisions, Supplementary Conditions, and General Conditions, furnished prior to the opening of Bids; that BIDDER has satisfied himself relative to the work to be performed.

(b) BIDDER further acknowledges hereby receipt of the following Addenda:

ADDENDUM NO. DATE

Bidders are advised that it is their responsibility to verify that any and all amendments have been received prior to submission of the bid. In case any bidder fails to acknowledge receipts of any such amendments in the space provided on the bid form, the bid will nevertheless be construed as though the amendment have been received and acknowledged, and the submission of the bid will constitute acknowledgement of the receipt of amendments.

€ BIDDER has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance and furnishing of the Work;

(d) BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

€ BIDDER is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Bid is submitted as indicated in the Bidding Documents.

(f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents.

(g) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Bidding Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

(h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s):

BID SHEET TABLE

FROM (Bidder):________________________________________________________________________

Project: 2026 LMIG Dyal School Road and Others L X W: N/A From: See Summary Sheet To:

Line Item No.

DOT

Ref. No.

Item Description Qty Unit Unit Price Amount

1. 150 Traffic Control 1 LS

2.

402 Recycled Asphalt Concrete Patching Incl Bitum

Material & H-Lime

960 TN

3.

Recycled Asphalt Concrete 9.5 MM Superpave, TP II, Blend 1, Incl Bitum Material & H-Lime 7700 TN

4.

402 Recycled Asphalt Concrete Leveling Incl Bitum

Material & H-Lime

2120 TN

5.

402 Recycled Asphalt Concrete OGI Leveling Incl

Bitum Material & H-Lime

3270 TN

6. 413 Tack 8860 GAL

7. 432 Mill Asphalt Conc Pavement, Variable Depth 750 SY

8. 653 5” Thermo Solid Traffic Stripe – White 17.622 LM

9. 653 5” Thermo Solid Traffic Stripe – Yellow 13.769 LM

10. 653 5” Thermo Skip Traffic Stripe – Yellow 3.843 GLM

11. 653 24” Thermo Stop Bar, White 88 LF

12. 706 Shoulder Dressing (Incl Fill Matl. And Grassing) 8.814 LM

TOTAL

Note:

Georgia Department of Transportation Standard Specification will apply unless otherwise specified

5. BIDDER acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities installed.

6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

7. The following documents are attached to and made a condition of this Bid:

(a) Required Bid Security in the form of 5% of the Bid Total Price.

8. The undersigned further agrees that in case of failure on his part to execute the said contract and the Bond within fifteen (15) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond accompanying this bid, and the monies payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure, otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned.

9. Communications concerning this Bid shall be addressed to:

Owner: Appling County Board of Commissioners Attn: Robyn Oliff Evans, County Clerk

Address: 69 Tippins Street Suite # 201 Baxley, Georgia 31513

Phone: (912) 367-8100 Email: revans@applingco.com

(Continued on next page.)

10. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions of Instructions.

Submitted on ________________________________________________________ _ , 2025

Company Name: __ ________ ____________________________________________

Address: _______________________________________

Email: _______________________________________

Phone: _______________________________________

By: _______________________________________

REPRESENTATION

(To be submitted)

AFFIDAVIT

This proposal is submitted to the Appling County Board of Commissioners (hereinafter “Owner”) by the undersigned who is an authorized officer of the company and said company is licensed to do business in Georgia and Appling County. Further, the undersigned is authorized to make these representations and certifies these representations are valid. The Proposer recognizes that all representations herein are binding on the Company and failure to adhere to any of these commitments, at the Owner's option, may result in a revocation of the granted contract.

Consent is hereby given to the Owner to contact any person or organization in order to make inquiries into legal, character, technical, financial, and other qualifications of the Proposer.

The Proposer understands that, at such time as the Owner decides to review this proposal, additional information may be requested. Failure to supply any requested for information within a reasonable time may result in the rejection of the Proposer's proposal with no re-submittal rights.

The successful Proposer understands that the Owner, after considering the legal, financial, technical, and character qualifications of the Proposer, as well as what in the Owner's judgement may best serve the public interest of its citizens and employees, may grant a contract.

The successful Proposer understands that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same, and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

Company Name:

Authorized Person: _______________________ Signature:

(Print/Type) Title: __________________________________ Date:

Address:

Telephone:

Email:

Name and telephone number of persons to whom inquiries should be directed:

Name: __________________________________________________________________

Address: __________________________________________________________________

Title: ____________________________________ Telephone: __________________________

Fax: ____________________________ E-mail: _______________________________________

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

REQUIREMENTS

Contractor states that it is within the following employee-number category (please initial or check the appropriate category):

_____ 500 or more employees.

_____ 100 or more employees, but less than 500.

_____ fewer than 100 employees.

CONTRACTOR AFFIDAVIT AND AGREEMENT

(You must return this with your bid if you are required to do so under the Georgia Security and Immigration Compliance Act)

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 contracting with Appling County Board of Commissioners(hereinafter “Owner”) has registered with and is participating in a federal work authorization program [Employment Eligibility Verification (EEV) / Basic Pilot Program, operated by the U.S. Citizens and Immigration Services Bureau of the U. S.

Department of Homeland Security, in conjunction with the Social Security Administration (SSA)] in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the Owner, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A.

§ 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form provided by the Owner. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Owner at the time the subcontractor(s) is retained to perform such service.

EEV / Basic Pilot Program User Identification No.

BY: Authorized Officer or Agent Date (Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS DAY OF __, 2025.

Notary Public

My Commission Expires:

SUBCONTRACTOR AFFIDAVIT

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 Appling County Board of Commissioners has registered with and is participating in a federal work authorization program [Employment Eligibility Verification (EEV) / Basic Pilot Program, operated by the U.S. Citizens and Immigration Services Bureau of the U. S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA)] in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13- 10-91.

EEV / Basic Pilot Program User Identification No.

BY: Authorized Officer or Agent Date (Subcontractor Name)

Title of Authorized Officer or Agent of Subcontractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS DAY OF __, 2025.

EQUAL EMPLOYMENT OPPORTUNITY (EEO) PRACTICE

EEO Plan: The successful Proposer will develop and implement an EEO policy that, as a minimum, will recruit, hire, train, and promote, at all levels, without regard to race, color, religion, national origin, sex, or age, except where sex or age is a bona fide occupational qualification.

EEO For Veterans/Handicapped: The successful Proposer will also provide equal employment opportunities for qualified disabled veterans, handicapped persons and veterans of the Vietnam Era.

EEO For Successful Proposer Programs: The successful Proposer, will ensure equal employment opportunity applies to all terms and conditions of employment, personnel actions, and successful Proposer-sponsored programs. Every effort shall be made to ensure that employment decisions, programs and personnel actions are non-discriminatory. That these decisions are administered on the basis of an evaluation of an employee's eligibility, performance, ability, skill and experience.

EEO Acquisitions: The successful Proposer will develop and implement a policy that will give equal opportunity to the purchase of various goods and services from small businesses and minority-owned businesses.

a. Does the Proposer have the above EEO policy in place?

Yes No

b. If the answer to a. above is no, will the Proposer have such a policy in place prior to commencing work on this project?

Statement of Assurance: The Proposer herein assures Appling County Board of Commissioners that it is in compliance with Title VI & VII of the 1964 Civil Rights Act, as amended, in that it does not on the grounds of race, color, national origin, sex, age, handicap, or veteran status, discriminate in any form or manner against employees or employers or applicants for employment and is in full compliance A.D.A.

(Firm's Name)

(Authorized Signature)

(Title) (Date)

LEGAL AND CHARACTER QUALIFICATIONS

Convictions: Has the Proposer (including parent corporation, if applicable) or any principal ever been convicted in a criminal proceeding (felonies or misdemeanors) in which any of the following offenses were charged?

Yes No Yes No

a. Fraud h. Obstruction of Justice (or any other misconduct affecting judicial officer’s performance of their official duties

b. Embezzlement

c. Tax Evasion

d. Bribery i. False/misleading Advertising

e. Extortion j. Perjury

f. Jury Tampering k. Conspiracy to commit any of the foregoing offenses

g. Anti-Trust Violations

Civil Proceedings: Has the Proposer or any principal ever been a party, or is now a party, to civil proceeding in which it was held liable for any of the following:

Yes No Yes No

a. Unfair/anticompetitive business practices

d. False/ misleading Advertising

e. Violation of Government Ordinances

b. Consumer fraud misrepresentation

c. Violations of Securities Laws (State & Federal)

License Revocation: Has the Proposer or any principal ever had a business license revoked, suspended, or the renewal thereof denied, or is a party to such a proceeding that may result in same?

Responses: If "yes" is the response to any of the questions on the previous page, provide Information such as date, court, sentence, fine, location, and all other specifics for each "yes" response.

PRINCIPALS AND REFERENCES

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

NAME ADDRESS

References: The Bidder lists below work he has done of similar nature as this solicitation, as references that will afford the Owner opportunity to judge as to experience, skill, business standing, and financial ability.

CONTACT PHONE

PERSON TITLE NUMBER

OATH

State of Georgia

I, (name of individual), solemnly swear that in the procurement of the contract for Appling County Board of Commissioners 2026 LMIG for Patching, Leveling and Resurfacing, that neither 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 filed in accordance with the requirements set forth in O.C.G.A. § 36-91-21 (e).

This day of , 2025.

Name of Party

Corporate or Partnership Name

SUBSCRIBED AND SWORN BEFORE ME ON THIS

DAY OF , 2025.

(SEAL)

BID BOND

KNOW ALL MEN BY THESE PRESENT, that we, _______________________________________, as Principal, and __________________________________________, as Surety, are held and firmly bound unto Appling County Board of Commissioners (hereinafter “Owner”), Georgia in the sum of_____________________________________ Dollars ($_______________) lawful money of the United states, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assign, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted to the Owner a Proposal for:

Appling County Board of Commissioners 2026 LMIG for Patching, Leveling and Resurfacing

NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the Principal shall, within fifteen days (15) days after receipt of conformed contract documents, execute a contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Owner and executed a sufficient and satisfactory Performance Bond and Payment bond payable to the Owner, each in an amount of one hundred percent (100%) of the total contract price, in form and with security satisfactory to the Owner, then this obligation shall be void; otherwise, it shall be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all to the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

This bond is given pursuant to and in accordance with the provisions of Section 23-1705 et seq of the Code of Georgia, as amended by the Act approved February 27, 1956, and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this ________ day of _______________________, 2025.

(Continued on next page.)

PRINCIPAL: _______________________________________________________

Signed and sealed in the By: _____________________________ presence of:

Title: _____________________________ (Seal)

1. __________________________

2. __________________________

SURETY: __________________________________________________________

Signed and sealed in the By: ____________________________ presence of:

Title: _____________________________ (Seal)

1. __________________________

2. __________________________

CHECK LIST

While it is your responsibility to include all required documents, you are reminded that you must attach the following documents to this bid form, and you must acknowledge the following:

Bid Sheet (Acknowledge Addenda, if any) Bid Sheet Table Representation Georgia Securities & Immigration Compliance Act Requirements Contractor Affidavit and Agreement Subcontractor Affidavit Equal Employment Opportunity Practice Legal and Character Qualifications Oath Bid Bond Proof of Insurance

CONTRACT FOR SERVICES

Contract for services by and between Appling County Board of Commissioners and ___________________________

This Agreement made and entered into by and between Appling County Board of Commissioners, party of the first part (hereinafter “Owner”) and party of the second part (hereinafter “Contractor”); and

WHEREAS, Appling County Board of Commissioners at their 2025 Meeting awarded the bid for Appling County 2026 LMIG for Patching, Leveling and Resurfacing hereinafter referred to as the Project (Solicitation #2506) and;

WHEREAS, the Contractor and the Owner for the consideration hereinafter named, agree and acknowledge that:

Part A: Contract Form

ARTICLE 1. The Contractor agrees to provide all the staff, facilities, materials, equipment and labor necessary to carry out, in good faith, the complete requirements of the project specified as Appling County 2026 LMIG for Patching, Leveling and Resurfacing in strict conformity with all sections of Solicitation #2506, hereinafter set forth, whose program services together with the Contractor’s Bid, the Advertisement for Bids, Instructions to Bidders, General Conditions, Representations, this Agreement, and all addenda hereto annexed, shall form essential parts of this Agreement as if fully contained herein.

ARTICLE 2. The Contractor agrees to commence the project included in this Contract on a date to be specified in a written Notice to Proceed and shall be fully completed within a period of Three Hundred Thirty (334) consecutive calendar days after the effective commencement date. Time is of the essence and is an essential element of this Contract, and the Contractor shall pay to the Owner, not as a penalty, but as liquidated damages, the sum of Five Hundred Dollars ($500) for each calendar day that he shall be in default of completing the work within the time limit named herein. If the Contractor abandons the contract before commencement of the work or defaults in completion of all the work after commencement thereof, the Contractor shall be liable for such liquidated damages.

These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the Owner and the Contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages incurred by the Owner and the general public of Appling County, Georgia as a result of the failure on the part of the Contractor to complete the work on time. Such liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the Contract.

ARTICLE 3. The Owner agrees to pay the Contractor, in current funds, for the performance of this Contract the sum of , which sum shall also pay for all loss or damage arising out of the nature of the project aforesaid, or from unforeseen obstructions or difficulties encountered in the performance of the project and for all expenses incurred by, or in consequence of the project, its suspension or discontinuance, and for well and faithful completion of the project and the whole thereof, as herein provided.

ARTICLE 4. The Owner and Contractor agree that the Specifications, and all Addenda thereto together with this Agreement, form the Contract and that such Specifications are as fully a part of the Contract as if attached or herein repeated. The Contractor, recognizing the particular requirements of the Owner budgetary process, agrees to waive the terms of O.C.G.A. Section 13- 11-1 et seq., known as the “Georgia Prompt Pay Act”. Contractor agrees that the work and services required by this contract may require inspection and approval of the Owner’s engineers or consultants and that the time for payment shall be tolled for a reasonable time as required for said inspection and approval. Contractor further agrees to toll the time for payment hereinunder for an additional and reasonable period of time for the Contract Technical Representative overseeing the project or work contemplated by this agreement to approve the work and/or services performed. Once the necessary installation and approvals by the engineers or consultants and Contract Technical Representative have been made, the Owner shall have 30 working days from approval by the Contract Technical Representative in which to pay the Contractor; subject to any documentation requests by the Owner as necessary to allow the Owner to evaluate the completeness and accuracy of monies due. A ten (10%) percent retainage may be instituted by the Owner at any time in accordance with laws of the State of Georgia.

To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the Owner, Engineer, Engineer’s Consultants and the Officers, Directors, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.

This agreement consists of parts.

Part A: Contract Form Part B: Performance Bond Part C: Payment Bond Part D: Affidavit of Payment of Claims

Part E: Certificate of Insurance Part F: Drug Free Workplace

Contractor agrees to perform the project as contemplated herein in a manner that does not jeopardize the safety of Contractor’s workers, Owner personnel, or any other person. In addition, Contractor agrees to perform the project contemplated herein in a manner that poses no threat to the environment or violates any federal, state or local statute, ordinance, rule or regulation regarding environmental concerns.

Contractor agrees to comply with the laws of Georgia which require authorization or licensing to conduct business in the State. Notwithstanding statutory exemptions or exclusions, Contractor agrees to subject itself to the jurisdiction and process of the Courts of the State of Georgia as to all matters and disputes arising or to arise under this Agreement and the performance thereof, including all issues relating to liability for taxes, licenses or fees levied by the State. Contractor irrevocably consents that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract, shall be brought in any court in Appling County, Georgia.

Contractor designates the Secretary of the State of Georgia as its agent for service of process, provided no such agent located in Georgia is on file with said Secretary. Contractor, by the execution and delivery of this Contract, expressly and irrevocably assents to and submits to the personal jurisdiction of any court in Appling County, Georgia and in any said action or proceeding.

Contractor hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction, improper venue or forum non conveniens or any similar basis.

Contractor shall take affirmative action in complying with all federal and State requirements concerning provision of services or fair employment and treatment of all applicants for employment without regard to or discrimination based on race, color, religion, sex, national origin or disabilities (particularly in regard to the Americans with Disabilities Act.)

Contractor assumes sole responsibility for completion of the work undertaken pursuant to this Agreement. The Owner shall consider Contractor the sole point of contact with regard to contractual matters. Sub-contracting of any part of the work or service contemplated by this Agreement may not be entered in by Contractor without prior written approval by the Owner.

Contractors and all approved subcontractors shall compensate its employees, at a rate equal to or greater than the prevailing local wage rate in Appling County as determined and announced by the Wage and Hour Division of the U.S. Department of Labor.

To the fullest extent permitted by law, contractors and subcontractors shall comply with the Official Code of Georgia, Section 34-9-410 et seq., as amended from time to time. Proof of Certification of Drug Free Workplace Programs under the named statute shall accompany each bid for public improvements Project submitted to the Owner for consideration.

No assignment or transfer of this Agreement or any right accruing here under shall be made in whole or in part by Contractor without the express written consent of the Owner.

A waiver by either party of any breach of the provisions hereof shall not be deemed a waiver of any succeeding breach of such provision or any other provision of this Agreement.

Should any term, provision or other part of this Agreement be declared illegal or unenforceable, it shall be excised or modified to conform to the appropriate laws or regulations, and the remainder of the Agreement shall not be affected but shall remain in full force and effect.

The provisions, covenants, and conditions in this Agreement apply to and bind the parties, their legal heirs, representatives, successors and assigns.

No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties hereto.

This Agreement constitutes the final and complete agreement and understanding between the parties regarding the subject matter hereof. All prior and contemporaneous Agreements and understandings, whether oral or written, are to be without effect in the construction of any provisions or term of this Agreement if they alter, vary or contradict this Agreement.

The Contractor and the Owner, their successors, executors, administrators and assigns hereby agree to the full performance of the covenants herein contained.

(Continued on next page)

IN WITNESS WHEREOF:

The parties hereto have executed this Agreement under their respective seals as of the date last written below in three (3) counterparts, each of which shall without proof or accounting for the other counterparts, be deemed an original contract.

By: ________________________________ (Authorized Personnel)

Title: ________________________________ (Seal)

Attest: ________________________________

Title: ________________________________

Date: ________________________________

CONTRACTOR: ________________________________

By: ________________________________ (Authorized Personnel)

Title: ________________________________ (Seal)

Attest: ________________________________ (Corporate Secretary)

Signed and sealed in presence of:

1. ________________________________ (Witness)

2. ________________________________ (Witness)

PART B: PERFORMANCE BOND

Appling County Board of Commissioners

KNOW ALL MEN BY THESE PRESENTS, that we,_____________________., as Principal, (herein after known as "Contractor"), and we _______________________________ as Surety, do hereby acknowledge ourselves indebted and firmly bound and held unto the Appling County Board of Commissioners for the use and benefit of those entitled thereto in the sum____________________________),for the payment of which will and truly to be made, in lawful money of the United States, we do hereby bind ourselves, successors, assigns, heirs, and personal representatives.

BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS:

WHEREAS, the Owner has engaged the said Contractor for the sum of ______________________________ for the Appling County 2026 LMIG for Patching, Leveling and Resurfacing as more fully appears in a written Agreement bearing the same project title, a copy of which Agreement is by reference hereby made a part thereof.

NOW, THEREFORE, if a said Contractor shall fully and faithfully perform all the undertakings and obligations under the said agreement or contract herein before referred to and shall fully indemnify and save harmless the said Owner from all costs and damage whatsoever which it may suffer by reason of any failure on the part of said Contractor to do so, and shall fully reimburse and repay the said Owner such default, and shall guarantee all products and workmanship against defects for a period of one year, then this obligation or bond shall be null and void, otherwise, it shall remain in full force and effect.

And for value received it is hereby stipulated and agreed that no change, extension of time, alteration or addition to the terms of the said Agreement or Contract or in the work to be performed thereunder, or the Specifications accompanying the same shall in any way affect the obligations under this obligation or bond, and notice is hereby waived of any such change extension of time, alteration or addition to the terms of the Agreement or Contract or to the work or to the Specifications.

This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Sections 36-10-1 et seq and 36-91-50 et seq and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF, the said Contractor has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this ______day of _______________, 2025 Executed in three (3) counterparts.

CONTRACTOR: _____________________________________

(Authorized Personnel)

(Seal) Signed and delivered in the presence of:

1. ________________________________ (Witness)

2. ________________________________

SURETY: __________________________________________

(Surety Name)

Signed and delivered in the presence of:

1. ________________________________ (Witness)

PART C: PAYMENT BOND

Appling County Board of Commissioners

KNOW ALL MEN BY THESE PRESENTS, that we as Principal, (herein after known as "Contractor"), and we _________________________________________ as Surety, are held and firmly bound unto the Appling County Board of Commissioners (hereinafter called the "Owner"), in the penal sum of _______________________________________________ lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has entered into a certain Contract with said Owner, for the Appling County 2026 LMIG for Patching, Leveling and Resurfacing, as more fully appears in a written Agreement bearing the same project title, (hereinafter called the "Contract"), which Contract and the Specifications for said project shall be deemed a part thereof as fully as if set out herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain in full force and effect.

HOWEVER, this bond is subject to the following conditions and limitations:

a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the Contractor and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the Municipality in which the work provided for in said Contract is to be performed or in any Municipality in which Contractor or Surety does business. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon.

b) The Principal and Surety hereby designate and appoint _____________________

________________________________________________________as the agent of each of them to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety.

c) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the final settlement of said Contract.

d) This bond is given pursuant to and in accordance with the provisions of O.C.G.A.

Sections 36-10-1 et seq and 36-91-70 et seq and all the provisions of the law referring to this character of bond as set forth in said sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full.

(Continued on next page)

IN WITNESS WHEREOF, the said Contractor has hereunder affixed its signature and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this ______day of _______________, 2025 Executed in three (3) counterparts.

CONTRACTOR: _________________________________

Signed, sealed, and delivered in the presence of:

1. ________________________________ (Witness)

2. ________________________________

SURETY: ______________________________________

(Surety Name)

Signed, sealed, and delivered in the presence of:

1. ________________________________ (Witness)

PART D: AFFIDAVIT OF PAYMENT OF CLAIMS

(Submitted with Final Invoice)

_________________________________ this _____ day of __________, 2025 appeared before me, _ , a Notary Public, in and for

___________________________________, and being by me first duly sworn states that all subcontractors and suppliers of labor and materials have been paid all sums due them to date for work performed or material furnished in the performance of the contract between:

The Appling County Board of Commissioners (Owner) and ___________________________

(Contractor), last signed______________________, 2025 for the Appling County 2026 LMIG for

Patching, Leveling and Resurfacing.

(Seal) (Authorized Personnel)

Subscribed and sworn to before the day of , 2025

My commission expires on the day of , 2025.

(Notary Public)

(Notary Seal)

PART E: CERTIFICATE OF INSURANCE

This is to certify that______________________________________________________________ (Insurance Company) of (Insurance Company Address) has issued policies of insurance, as identified by a policy number to the insured name below, and that such policies are in full force and effect at this time. Furthermore, this is to certify that these policies meet the requirements described in the General Conditions of this project; and its agreed that none of these policies will be canceled or changed so as to affect this Certificate until thirty

(30) days after written notice of such cancellation or change has been delivered to:

Appling County Board of Commissioners, 69 Tippins Street Suite # 201, Baxley, Georgia 31513

It is further agreed that the Appling County Board of Commissioners shall be named as an additional insured on the Contractors policy:

Insured: ___________________________________________

Project Name: Appling County Board of Commissioners 2026 LMIG for Patching, Leveling and Resurfacing

Project Number: IFB #2506

Policy Numbers(s): _____________________________

Date: ________________________________________

Issued At:

(Insurance Company)

(Authorized Representative)

(Address)

NOTE: Please attach Certificate of Insurance form to this page

PART F: 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 bid, 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.

Contractor:

(Authorized Signature)

(Title)

(Date)

SPECIAL CONDITIONS

01 - GENERAL CONDITIONS

The General Conditions of the Contract shall apply to all work in this Contract except as otherwise specified in these Special Conditions.