City of Bostwick - Invitation to Bid

Construction Specifications and

Contract Documents

BOSTWICK WATER LINE REPLACEMENT

September 21th, 2026

Prepared By:

Terra Via Engineering

Madison, GA

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

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

ISSUE DATE: September 21th, 2026

BID TITLE: BOSTWICK WATER LINE REPLACEMENT

CONTACT: Aaron Wadley, PE, Engineer

TELEPHONE: 404-326-4522

E-MAIL ADDRESS: aaron@tv-eng.com

MANDATORY PRE-BID MEETING AND SITE VISIT: Thursday, October 1st, 2026 at 10:00 A.M.

LOCATION: Bostwick City Hall, 5951 Bostwick Rd, Bostwick, GA 30623

QUESTIONS DUE: Thursday, October 8st, 2026

BID OPENING: Thursday, October 22nd, 2026 at 10:00 A.M.

BID DELIVERY / OPENING LOCATION: Bostwick City Hall, 5951 Bostwick Rd, Bostwick, GA 30623

All project questions shall be submitted in writing to the Engineer, Aaron Wadley, at aaron@tv-eng.com. Questions must be in writing to be considered. Any perceived response not in writing is not official.

Bids must be received on or before the bid opening. Bids received after that time will not be considered. Bids will be publicly opened and read aloud at the time and location stated above.

SUBMIT BID in a sealed envelope and deliver in person to Bostwick City Hall. Each bid proposal shall include:

• Two (2) complete physical copies of the bid proposal.

• One (1) flash drive containing digital copies of the complete bid proposal.

Faxed, emailed, mailed, or parcel-delivered bids will not satisfy the in-person delivery requirement. All bids must be made on the forms included in this solicitation and must be signed. Unsigned bid forms or bid proposals will not be considered.

BOSTWICK WATER LINE REPLACEMENT

City of Bostwick

INSTRUCTIONS TO BIDDERS

City of Bostwick will accept bids for this project. Bids will be received in a sealed envelope by City of Bostwick on or before the start of the bid opening, at which time the bids will be publicly opened and read aloud. Bids received after that time will not be considered.

All bids must be made on the forms included in this solicitation. All bids must be signed. Unsigned bid forms or bid proposals will not be considered. The City of Bostwick will not accept faxed or emailed forms. Bid proposals must be delivered in person to Bostwick City Hall and include two physical copies and a flash drive containing digital copies.

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

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

A Bid Bond in a commercially standard form from a Surety Company acceptable to the City of Bostwick, payable to

City of Bostwick with power of attorney must accompany each bid equal to five (5) percent of the total amount of the Base Bid. As soon as the bid prices have been compared, the City of Bostwick will return the Bid Bond of all except the two lowest responsible bidders. When the contract is awarded, the bonds of the unsuccessful bidder(s) will be returned.

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

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

Project is a Unit Price Contract based on prices stated on the PROPOSAL BID TABULATION FORM. Contractor will be paid based on quantities installed and measured based on these unit prices.

Questions and Explanations

All questions or explanations requested by Bidders shall be submitted in writing by the stated deadline. Necessary replies will be recorded as Addenda and provided to all Bidders, and receipt thereof shall be acknowledged on the proposal. Bidders shall check with the City of Bostwick prior to bid opening to secure any Addenda that may affect bidding. Oral instructions will not be given and do not form a part of the Bidding Documents.

Bid Proposal Contents

1. Proposal Signature Page

2. Addendum Acknowledgement

3. Bidder Qualifications and References

4. Bid Bond

5. Proposal Bid Tabulation Form

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

7. Proof of insurance meeting the requirements of the Contract Documents

8. Federal E-Verify

9. Two (2) physical copies of the complete proposal

10. Flash drive with digital copies of the complete proposal

The successful bidder must provide the following, in accordance with the contract documents:

1. Certificate of Insurance naming City of Bostwick as additionally insured with any exclusions listed, including

General Liability, Worker’s Compensation, and Auto Insurance

2. Proof of Worker’s Compensation for all Subcontractors

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

4. W-9 Form, if a new vendor

5. Federal E-Verify

MINIMUM GENERAL BID CONDITIONS

The following Minimum General Bid conditions have been developed and pertain to any and all purchases that may be made as a result of this bid request.

1. The City of Bostwick has the right to accept the lowest responsive and responsible bid.

2. ACCEPTANCE AND REJECTION. Each bid submitted by a contractor shall be considered an offer to perform the specified services. The City of Bostwick reserves the right to reject any and all bids, to waive any informality in bids, and unless otherwise specified by the bidder, to accept any item in the bid.

3. TIME OF ACCEPTANCE. It is understood and agreed that the City of Bostwick shall have forty-five days to accept bid.

4. ERROR IN BID. In cases of errors in the extension of prices in the bid, the unit price will govern. No bid shall be altered or amended after the specified time for opening bids. After bid opening, a vendor will be permitted to withdraw a bid only when there is obvious clerical error in the bid as determined by the City of Bostwick.

5. DEFAULT OF CONTRACTOR. In case of default of the Contractor, the City of Bostwick may procure the articles or services from other entities and hold the Contractor responsible for any excess cost occasioned thereby.

6. SAMPLE OF MATERIALS. Samples of items, when required, must be furnished free of expense, and if not destroyed, will upon request, be returned at the bidder’s expense.

7. SIGNATURE ON BIDS. Each bid should give the full name and business address of the bidder. Unsigned bids will be rejected. The person signing the bid must show his or her title, and if requested by the City of Bostwick, must furnish satisfactory proof of his or her authority to bind his or her company in contract. Bids must be type written or in ink, otherwise they may not be considered. Purchase order will be issued to the firm name appearing on the bid.

8. ALTERNATE BIDS. Alternate bids will not be considered unless specifically called for in the bid.

9. BOND REQUIREMENTS. All bond requirements shall be identified in the invitation to bid. The right is reserved to require the successful bidder to furnish security, free of any expense to the City of Bostwick, to guarantee faithful performance of the contract.

10. SPECIFICATIONS. It is understood that reference to available specifications shall be sufficient to make items of such specifications binding on the Contractor.

11. INSPECTION. Whether or not an inspection point is specified herein, all material and workmanship shall be subject to inspection and test at all times and places and, when practicable, during manufacture. In case any articles are found to be defective in material or workmanship, or otherwise not in conformity with the specification requirements, the City of Bostwick shall have the right to reject such articles or require their correction.

12. WARRANTY. Workmanship will be guaranteed 1 year from the date of final acceptance of the Work by the

Owner as required by the Contract Documents and applicable manufacturer requirements.

13. RETAINAGE. 10% Retainage will be held on this contract in accordance with the Contract Documents.

14. Faxed or electronically submitted bids will not be accepted.

15. Bids will only be accepted from contractors properly licensed and qualified to perform the work and to work within applicable GDOT right-of-way requirements.

NO BIDS/PROPOSALS WILL BE ACCEPTED AFTER THE ADVERTISED BID OPENING TIME.

PROPOSAL SIGNATURE PAGE

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

Name of Company: ______________________________________________________________

Georgia Contractors License Number (if applicable): ___________________________

Address: _____________________________________________________________________

Telephone Number: __________________________ Fax Number: ______________________

E-mail Address: ________________________________________________________________

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

Addendum No. ______ Date Issued: __________________

Addendum No. ______ Date Issued: __________________

Addendum No. ______ Date Issued: __________________

Addendum No. ______ Date Issued: __________________

Authorized Signature: _______________________________________________

Printed Name: _______________________________________________

Title: _______________________________________________

Signed, this _________ day of _________________, 2026.

BIDDER QUALIFICATIONS & REFERENCES

(Bidder may use their own form)

All Bidders for these services must have adequate industry experience and professional qualifications for water-main construction, utility work, traffic control, restoration, and related work according to these Specifications. The

City of Bostwick will confirm the below qualifications and references prior to awarding the Contract.

References for three similar-sized projects, performed in the last 5 years, preferably located in this geographical region:

1. Reference Name: __________________________________________________________

Date of Project: __________________ Location: __________________________________

Description: _________________________________________________________________

Contact Name: ________________________________________________________________

Telephone: __________________________ Email: __________________________________

2. Reference Name: __________________________________________________________

Date of Project: __________________ Location: __________________________________

Description: _________________________________________________________________

Contact Name: ________________________________________________________________

Telephone: __________________________ Email: __________________________________

3. Reference Name: __________________________________________________________

Date of Project: __________________ Location: __________________________________

Description: _________________________________________________________________

Contact Name: ________________________________________________________________

Telephone: __________________________ Email: __________________________________

SCOPE & DESCRIPTION OF WORK

This project includes replacement of the Bostwick water line in and around Bostwick, Georgia, in accordance with the Bostwick Water Line Replacement plans dated June 1, 2026, applicable permits and standards, this Invitation to Bid, addenda, and the final contract documents.

Base Scope of Work

• Provide all labor, supervision, equipment, materials, temporary facilities, permits/notifications assigned to the

Contractor, traffic control, utility coordination, testing, cleanup, and restoration necessary to construct the

Bostwick Water Line Replacement.

• Install the proposed 8-inch, 6-inch, and 1-1/2-inch PVC water mains, fittings, valves, hydrants, taps, reducers, caps, restrained joints/thrust restraint, detection tape, bedding, backfill, and appurtenances shown on the plans.

• Install 16-inch steel casing by jack-and-bore methods at the plan locations, including bore pits, carrier-pipe installation, spacers/end seals as required, dewatering, excavation support, and restoration.

• Connect all existing meters and services to the new water main. Long-side services shall be replaced and connected to the existing meter as shown/required.

• Perform pressure/leakage testing, flushing, disinfection, bacteriological sampling, and disposal/neutralization of chlorinated water in accordance with the plan requirements and applicable AWWA/Georgia requirements.

• Maintain safe traffic operations, signs, barricades, flagging, and access to private driveways. Protect existing utilities, pavement, drainage, mailboxes, landscaping, and other improvements. Restore all driveways and disturbed improvements to original or better condition.

• The City has received the GDOT permit. Contractor is required to finalize permit requirements and coordinate traffic control with GDOT.

• Install and maintain erosion and sediment controls before and during land disturbance. Maintain controls until final stabilization is accepted, then remove temporary controls and repair affected areas.

• Final grassing shall be sod, not permanent seeding. Sod must be sourced from Bostwick and maintained until rooted and accepted.

• Remove debris, excess material, temporary facilities, and temporary erosion controls when authorized. Provide a clean, stable site and all testing/closeout documentation required by the Owner/Engineer.

Existing Water Line Abandonment and Potential Asbestos

• The existing water line shall be abandoned in place unless otherwise directed by the Owner or Engineer.

• The existing water line may contain asbestos-containing material. The Contractor shall include all costs associated with required identification, handling, disturbance controls, removal where necessary for connections or construction, transportation, disposal, remediation, worker protection, notifications, documentation, and compliance with applicable environmental and safety requirements in the designated bid line item cost. No separate payment will be made beyond the accepted unit/line-item price unless authorized by written change order.

• Contractor shall use appropriately licensed/qualified personnel and subcontractors for any asbestos-related work required by law and shall coordinate the work so that the new water system can be completed without unsafe disturbance of the existing line.

General Conditions

• Coordinate with the Engineer as required, including schedule updates, shop drawings/submittals, key deliveries, utility conflicts, traffic control, testing, and any work affecting public access or service.

• All environmental and safety regulations are to be strictly followed.

• Authorized work areas and staging areas are to be agreed ahead of time and fully restored upon completion.

• All equipment and materials necessary to complete the full scope of work are to be included.

• Protect the grounds and surrounding areas from damage during work. Restore damaged areas to their original or better condition.

• Contractor is not to bill more than the purchase order amount without written authorization.

• Any work required to complete this scope but not specifically called out is considered incidental unless specifically identified as a separate bid item.

• Remove and properly dispose of all debris associated with this work.

• A 5% Bid Bond is required with the bid. A 100% Payment and Performance Bond will be required upon award.

BID TABULATION FORM

In compliance with your legal Notice to Bidders for the above referenced project, in City of Bostwick, the undersigned bidder, a corporation organized and existing under the laws of the State of _________________, or a partnership of ____________________ or an individual doing business as __________________________ of the

City of Bostwick of ____________________, State of __________________, having examined the specifications and contract forms thereto attached, and being fully advised as to the extent and character of the work to be performed, and the equipment to be furnished, hereby proposes to furnish all labor, tools, material, plant and equipment necessary for the Project.

The quantities presented in the following Proposal Bid Tabulation Form are for bidding purposes and comparison only. The bidder shall complete all tables below to establish bid.

Item Description Unit Est. Qty. Unit Price Extended

1 Traffic Control LS 1 $________ $________

2 Grading Complete LS 1 $________ $________

3 Line Abandonment cap off LS 1 $________ $________

4 8-inch PVC Water Main LF 3668 $________ $________

5 6-inch PVC Water Main LF 65 $________ $________

6 1-1/2-inch PVC Water Main LF 23 $________ $________

7 8-inch 45-degree Bend EA 11 $________ $________

8 10-inch x 6-inch x 6-inch Tee EA 1 $________ $________

9 6-inch x 6-inch x 6-inch Tee EA 1 $________ $________

10 1-1/2-inch 90-degree Bend EA 2 $________ $________

11 8-inch x 6-inch Reducer EA 1 $________ $________

12 Fire Hydrant Assembly EA 10 $________ $________

13 In-Line Valve EA 2 $________ $________

14 16-inch Steel Casing - Jack and Bore LF 172 $________ $________

15 6-inch Cap EA 1 $________ $________

16 1-1/2-inch Tap with Valve EA 1 $________ $________

17 10-inch x 10-inch x 6-inch Tap with Valve EA 1 $________ $________

Water Service / Meter Reconnection - Short

Side

EA 16 $________ $________

Water Service / Meter Reconnection - Long Side

EA 8 $________ $________

20 Type C Silt Fence / Sediment Barrier LF 3800 $________ $________

21 Silt Fence Maintenance LF 3800 $________ $________

22 Temporary Stabilization / Mulch as Required SY 4500 $________ $________

23 Permanent Sod - sourced from Bostwick SY 4500 $________ $________

24 Construction Exit / Entrance Stabilization EA 1 $________ $________

25 Construction Exit / Maintenance EA 2 $________ $________

Base Bid $________

Additional Work as directed (10% of base bid) $________

BID TOTAL: $___________________________

Unit-Price Measurement and Payment Notes

• Pipe is paid per linear foot of accepted pipe installed, complete in place, unless otherwise stated.

• Fittings, hydrants, valves, taps, caps, and service connections are paid per each accepted complete assembly/connection.

• Steel casing is paid per linear foot of accepted casing installed by the required trenchless method.

• Silt fence is paid per linear foot installed, maintained, and removed after stabilization.

• Temporary stabilization is paid per square yard of accepted treated area when directed/required and not otherwise included in another item.

• Sod is paid per square yard of accepted sod in place, including soil preparation, delivery from the required

Bostwick source, installation, watering, maintenance, and replacement until acceptance.

• The existing water line abandonment line item is lump sum and includes all work and incidentals described in the Scope of Work related to abandonment in place and potential asbestos-containing material.

• Quantities are estimates and do not guarantee the amount of work. Bidder shall not rely on estimated quantities as a substitute for plan and site review.

BIDDER / CONTRACTOR

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

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

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

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

Name of Company: __________________________________________________________

Contractors License Number: _________________________________________________

Address: ___________________________________________________________________

Telephone Number: __________________________ Fax Number: ____________________

E-mail Address: _____________________________________________________________

Authorized Signature: _______________________________________________________

Printed Name: ______________________________________________________________

Title: _____________________________________________________________________

Signed, the _______ day of ______________________, 2026.

SUBCONTRACTOR TABULATION FORM

(Bidder may use their own form)

List all subcontractors, excluding trucking and hauling. Include any subcontractor proposed for asbestos-related work.

1. Company: ______________________________________________________________

Description of work: ________________________________________________________

Contact Name: ______________________________________________________________

Address: ___________________________________________________________________

Telephone: __________________________ Email: _________________________________

2. Company: ______________________________________________________________

Description of work: ________________________________________________________

Contact Name: ______________________________________________________________

Address: ___________________________________________________________________

Telephone: __________________________ Email: _________________________________

3. Company: ______________________________________________________________

Description of work: ________________________________________________________

Contact Name: ______________________________________________________________

Address: ___________________________________________________________________

Telephone: __________________________ Email: _________________________________

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

CONTRACT WITH CITY OF BOSTWICK

This Contract for the above referenced project (the “Agreement”) is made and entered on _________________, 2026 (the “Effective Date”) by and between the City of Bostwick (the “City of Bostwick”) and

______________________________ (the “Contractor”).

This Agreement is made with reference to the following facts:

A. The intent of this Agreement is to provide for construction and completion of the referenced project as assigned by City of Bostwick, in accordance with the specifications herein and using a standard of care consistent with water line replacement and the terms and conditions herein.

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

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

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

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

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

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

1.2 “Contract Documents” means this Agreement, those certain Contract Specifications and Contract

Documents referenced in the Invitation to Bid and addenda, and the PROPOSAL BID TABULATION FORM included therein.

1.3 “Services” means the furnishing of labor, materials, equipment and services necessary to perform Road

Maintenance Projects or Drainage Maintenance Projects, or both, as the case may be.

1.4 LEFT INTENTIONALLY BLANK

1.5 LEFT INTENTIONALLY BLANK

2 Quantities.

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

3 Time for Performance.

3.1 Term. The term of this Agreement shall commence on the Effective Date (Notice to Proceed) and continue for 120 calendar days (the “Term”).

3.2 Mobilization. Unless otherwise specified in the Final Work Order, within ten (10) calendar days of the issuance of a Notice to Proceed, the Contractor shall mobilize his forces and commence performance of the

Services.

3.3 Time. Contractor shall not commence performance of Services prior to 7:00 AM, nor extend past sundown, except as directed by the engineer. All work shall be completed in a timely manner within the specified time frame given by the engineer for each work order. Delays deemed unacceptable by the City of Bostwick shall be grounds for termination of this Agreement.

4 Consideration.

4.1 The City of Bostwick shall pay to the Contractor for the diligent, faithful performance of this Agreement the actual cost of the Services performed and accepted by the City of Bostwick based on the unit prices attached hereto and incorporated herein as “PROPOSAL BID TABULATION FORM.”

4.2 The City of Bostwick shall make payments on a monthly basis to the Contractor on the basis of a duly certified and approved invoice of the Services performed during the preceding calendar month.

4.3 The City of Bostwick may pay stored materials at the actual cost of the material, not to exceed 40% of the contract value. Manufacturer Invoices must be provided with contractor invoice to seek stored material.

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

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

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

5.3 Worker’s Compensation at statutory limits and Employers Liability with a policy limit of not less than Five

Hundred Thousand Dollars ($500,000.00) per claim and in the aggregate;

The Contractor may use umbrella or excess liability insurance to achieve the required coverage for

Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies.

The Contractor shall provide to the City of Bostwick certificates of insurance evidencing compliance with the requirements of this section. The certificates will show the City of Bostwick as an additional insured on the

Comprehensive General Liability, Automobile Liability, and umbrella or excess insurance policies and contain a waiver of subrogation clause in favor of the City of Bostwick.

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

6 Indemnity. Contractor agrees to pay, defend, indemnify, and hold the City of Bostwick harmless from and against any and all liabilities, losses, damages, costs, expenses (including all reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from: (i) any use, trespass or damage to private property occasioned by Contractor’s performance of the Services, (ii) the conduct of the

Contractor or any of its employees, servants, agents or subcontractors in the performance of this Agreement, or

(iii) any injury to or death of any person, or any damage to property caused by Contractor, its employees, servants, agents, or subcontractors. In case any action, suit, or proceeding is brought against the City of Bostwick by reason of any occurrence herein described, Contractor shall, at its own expense, defend such action, suit, or proceeding with counsel acceptable to the City of Bostwick in the City of Bostwick’s sole discretion. The indemnity agreement provided herein shall survive the expiration or earlier termination of this Agreement.

7 Performance of Services; Duties of Contractor.

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

7.2 Duty of Care. Contractor shall perform the Services in a good and workmanlike fashion and using the

Contractor’s best skill and attention, consistent with the terms and conditions herein, and consistent with any plans and specifications developed by the City of Bostwick.

The Contractor shall provide operating and safety training for all personnel. Contractor shall be responsible for ensuring all employees wear adequate safety equipment at all times.

7.3 Equipment. The Contractor shall maintain its equipment in operable condition and suitable for the scope of work.

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

7.4.1 Unless otherwise noted, all Services shall be performed in accordance with the current edition of the

Georgia Department of Transportation Construction Specifications, including all revisions and special provisions.

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

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

7.4.4 Left Intentionally Blank

7.4.5 All Work containing erosion/sediment control components, water quality components, ditch linings, etc., shall be constructed in accordance with Georgia Soil and Water Conservation Commission and a GSWCC level

I card holder must be present during any and all land disturbing activities.

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

State of Georgia

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

Agreement.

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

shall restore all surfaces to a neat and orderly condition; and shall remove all construction equipment, tools, and supplies therefrom.

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

8 Independent Contractor. The Contractor is an independent contractor with respect to the City of Bostwick.

Nothing contained herein shall create any association, partnership, joint venture, employment, or agency relationship between the parties.

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

Documents, the terms of this Agreement shall control.

10 Miscellaneous.

10.1 Performance Bond. Contractor shall provide to the City of Bostwick a performance bond in a form reasonably acceptable to the City of Bostwick’s attorney, and in an amount not less than 100% of the Base Bid amount to secure the faithful performance of this Agreement. If the Contractor refuses or fails to provide the

Services with such diligence as will ensure its completion within the time specified, in the manner specified, the

City of Bostwick may terminate this Agreement and Contractor’s right to proceed. In such event, the City of

Bostwick may require the surety under the performance bond to fully perform and complete the work in the manner required by the performance bond. In the alternative, the City of Bostwick may take over the work, by contract or otherwise, and the Contractor and its surety shall be liable to the City of Bostwick for any excess cost.

10.2 Delay Damages. If Contractor fails to commence a Work Order when scheduled or if work ceases for more than five (5) business days and such failure continues for three (3) business days following notice from the City of Bostwick to commence or resume the Work Order, then the City of Bostwick shall be entitled to: (i) charge the contractor a $200.00 per day liquidated damage; (ii) terminate the specific Work Order and assign same to another contractor; or (iii) terminate this Contract.

The Contractor and City of Bostwick acknowledge and agree that: ascertaining precisely the damages that would be suffered by the City of Bostwick in the event of Contractor’s performance default at any given time during the term of this Contract would be costly, time-consuming and difficult, if not impossible; the amount of the liquidated damages constitutes good faith estimate by the Contractor and City of Bostwick of the damages to the City of

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

10.3 Equal Opportunity. It is the policy of the City of Bostwick to ensure compliance with Title VI of the Civil

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

10.4 Left Intentionally Blank

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

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

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

City of Bostwick, now or hereafter in effect during the term of this Agreement.

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

10.9 Cancellation. The City of Bostwick has a right to cancel this Agreement for convenience on thirty (30) days written notice to the Contractor. The City of Bostwick has a right to cancel this Agreement for failure of

Contractor to properly perform the duties herein within ten (10) business days written notice to the Contractor.

Also, it is agreed that if Contractor is adjudged bankrupt, either voluntarily or involuntarily, or files a bankruptcy petition, then the City of Bostwick may terminate this Agreement at any time.

10.10 Notice. All notices, demands and requests required under this Agreement shall be in writing. All such notices, demands and requests shall be deemed to have been properly given if delivered personally or sent by

United States Registered or Certified Mail or by nationally recognized guaranteed overnight courier delivery service, postage prepaid, addressed to the City of Bostwick at:

City of Bostwick

Attn: John Bostwick

5951 Bostwick Rd, Bostwick, GA 30623 and to the Contractor at:

Name of Company: ________________________________________

Address: ________________________________________

10.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the

State of Georgia without regard to its conflict of law principles. In case of a dispute as to this form or any document required hereunder, this form shall be conclusively deemed reasonable and shall not be presumptively interpreted against either Party.

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

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

CONTRACTOR

By: _____________________________

Name: _____________________________

Its: _____________________________

CITY OF BOSTWICK

The City of Bostwick

By: _____________________________