Combined 2026 LRA Bid Docs 6_30_26.pdf

FY 2026 LRA Project

Road Resurfacing

Worth County, GA

COMMISSIONERS

KEMP WILLIS, Vice-Chair, Dist. 4

JOE GAINES, District 1

KEN HALL District 2

DICE ROBERTS, District 3

Board of Commissioners

Worth County

201 N. Main St., Suite 30

Sylvester, GA 31791

Telephone 229-776-8200 www.worthcountyboc.com

ADMINISTRATIVE STAFF

BEN BARBEE, Int. County Administrator

ROB WILMOT, County Attorney

ANGELA HARRAH, County Clerk

ROLAND MCCARTHY, Finance Director

The Worth County Board of Commissioners will be accepting sealed bids for 2026 LRA total of 10.16 miles of 21 ft and 22 ft wide road reconstruction within the County.

2026 LRA

ROAD NAME

Length (Miles)

Width (Feet) BEGINNING ENDING DESCRIPTION OF WORK

Wrights Chapel Rd. 3.1

21 Sumner Rd Meadows Rd Leveling, Double Chip and Sand Seal

Bethel Church Rd. 6.06 21 Tift County Line Wrights Chapel Rd Leveling, Double Chip and Sand Seal

Bethel Church Rd. 2.32 22

500 ft East of Paulks Chapel

Rd 374 Bethel Church

Rd Soil cement

Earleen Sizemore Rd. 1.00 22 Kendall Rd 1 mile east at iron posts with chain

Soil Cement, Leveling, Double Chip and Seal

Total: 10.16 mi.

2026 LRA - Contractor to install Leveling, Double Chip and Sand seal, and Soil Cement. Surface treatment roads shall be constructed as per County specifications. All work completed shall be per GDOT specifications and Worth County standards.

Bonds Required: (1) Performance Bond is required in the amount of the bid. (2) Public Liability (3) Property

Damage.

A pre-bid meeting will be held at 2:00 p.m. on July 15th, 2026 in the 3rd floor meeting room located at 201 N Main

Street, Sylvester, GA 31791. Sealed bids should be delivered to the County Clerk, Angela Harrah at 201 N Main

Street, Sylvester, GA 31791. Two (2) copies of the bids should be delivered by no later than 2:00 p.m. on August 3rd, 2026 at which time the bids will be opened and read aloud.

Work should be completed by December 31st, 2026. Payment will be made upon completion of work after final inspection by the County.

The Worth County Board of Commissioners reserves the right to reject any or all bids to waive any technicalities or informalities associated with the bid or proposal, and to make the award that it deems in the best interest of the

County.

The Worth County Board of Commissioners is an Equal Opportunity Employer.

Questions may be directed to Matthew Inman, P.E., Axis Engineering Consultants, LLC at (229) 251-2516.

SECTION 1.2

INSTRUCTIONS TO BIDDERS

1.2.01 USE OF SEPARATE BID FORMS: These Contract Documents include a complete set of bidding and

Contract forms which are for the convenience of bidders and are not to be detached from the Contract

Document, filled out, or executed. Separate copies of Bid Forms are furnished for that purpose.

1.2.02 INTERPRETATIONS OR ADDENDA: No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to the Owner. Any inquiry received seven (7) or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of the Owner and the office of the

Engineer at least five (5) days before Bids are opened. In addition, all Addenda will be mailed to each person holding Contract Documents, but it shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

1.2.03 INSPECTION OF SITE: Each Bidder shall visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The

Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no wise be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the Owner will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof.

1.2.04 ALTERNATIVES: No alternative bids will be considered unless alternative bids are specifically requested.

1.2.05 BIDS:

a. All Bids must be submitted on forms supplied by the Owner and shall be subject to all requirements of the Contract Documents, including the Drawings, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Form by the Bidder. Bids must include a completed bid form with a total cost of services and must include an authorized signature.

b. Bid Documents including the Bid, the Bid Guaranty, the Non-collusion Affidavit and the Statement of

Bidder's Qualifications (if requested) shall be enclosed in envelopes (outer and inner), both of which shall be sealed and clearly labeled with the words

Sealed Bid FY 2026 LRA Resurfacing name of Bidder, and date and time of bid opening in order to guard against premature opening of the bid.

c. If the Contract is awarded, it will be awarded by the Owner to a responsible Bidder on the basis of the lowest Bid and the selected Alternative Bid items, if any. The Contract will require the completion of the work according to the Contract Documents.

d. Each Bidder shall include in his Bid the following information:

Principals:

Names

Social Security Numbers

Home addresses, including City, State & Zip Code

Firm:

Name

Treasury Number

Address

City, State & Zip Code

1.2.06 BID GUARANTY:

a. The Bid must be accompanied by a Bid guaranty which shall not be less than five percent (5%) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U. S. Government Bonds (at par value), or a Bid Bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U. S. Treasury Circular

570. The amount of such Bid Bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty.

Certified check or bank draft must be made payable to the order of Worth County Board of

Commissioners, cash deposits will not be accepted. The Bid guaranty shall insure the execution of the

Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents.

b. Revised Bids submitted before the opening of Bids, whether forwarded by mail or telegram, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid guaranty adjusted accordingly; otherwise the Bid will not be considered.

c. Certified checks or bank drafts, or the amount thereof, Bid bonds, and negotiable U. S. Government bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids.

1.2.07 STATEMENT OF BIDDER'S QUALIFICATIONS: Each Bidder shall upon request of the Owner submit on the form furnished for that purpose (a copy of which is included in the Contract Documents), a statement of the Bidder's qualifications, his experience record in constructing the type of improvements embraced in this project, his organization and equipment available for the work contemplated, and, when specifically requested by the Owner, a detailed financial statement. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the

Contract and the Bidder shall furnish the Owner all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence of information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the Contract.

1.2.08 UNIT PRICES: The unit price for each of the several items in the proposal of each Bidder shall include its prorata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in

Worth County, GA quantities of such items of work (i.e., difference in cost) shall not increase or decrease the original contract price by more than twenty-five percent (25%), except for work not covered in the Drawings and Technical

Specifications as provided for in the General Conditions.

1.2.09 CORRECTIONS: Erasures or other changes in the Bids must be explained or noted over the signature of the Bidder.

1.2.10 TIME FOR RECEIVING BIDS:

a. Bids received prior to the advertised hour of opening will be securely kept, sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered; except that when a Bid arrives by mail after the time fixed for opening, but before the reading of all other Bids is completed, and it is shown to the satisfaction of the Owner that the non-arrival on time was due solely to delay in the mails for which the Bidder was not responsible, such Bid will be received and considered.

b. Bidders are cautioned that, while telegraph or faxed modifications of Bids may be received provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Bid so modified or amended, subject to rejection.

1.2.11 OPENING OF BIDS: At the time and place fixed for the opening of Bids, the Owner will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative.

1.2.12 WITHDRAWAL OF BIDS: Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The Bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly.

1.2.13 AWARD OF CONTRACT: The Contract will be awarded to the responsible Bidder submitting the lowest Bid complying with the conditions of the documents.

Progress Payments will be made in accordance with the General Conditions of the Contract.

SECTION 1.3

PROPOSAL BID FORM

FY 2026 LRA PROJECT

FOR WORTH COUNTY BOARD OF COMMISSIONERS

Date: _______________________ Submitted by: _____________________________________________

Contractor: _______________________________________________

Title:_____________________________________________________

Address:__________________________________________________

Worth County Board of Commissioners

201 N Main Street

Sylvester, GA 31791

Work performed will include resurfacing with the specified surface or constructed with the appropriate surface treatment as noted. Asphalt resurfacing of existing roadway section shall consist of Soil Cement Base, Asphaltic

Concrete Leveling Course, Bituminous tack coat as well as all required Leveling, Striping, Crack Sealant, Shoulder

Clipping, and miscellaneous work required. Surface treatment roads shall be constructed as per County specifications.

All work completed shall be per GDOT specifications and Worth County standards.

A pre-bid meeting will be held at 2:00 p.m. on July 15th, 2026 in the 3rd floor meeting room located at 201 N Main

Street, Sylvester, GA 31791. Sealed bids should be delivered to the County Clerk, Angela Harrah at 201 N Main Street, Sylvester, GA 31791. Two (2) copies of the bids should be delivered by no later than 2:00 p.m. on August 3rd, 2026 at which time the bids will be opened and read aloud.

Project: 2026 Worth County LRA Bid Form

Axis Project Number: 25-25004

Prepared for: Worth County Board of Commissioners

Date: 06/30/2026

2026 LRA

Item Item Description Unit Quantity Unit Price Amount

Mobilization/Demobilization

LS

1.0 $ $

Traffic Control

LS

1.0 $ $

3 Reclamation SY 43,436.80 $ $

4 6" Soil Cement (38# concrete / sy) SY 43,436.80 $ $

5 Leveling & Double Chip & Sand Seal SY 125,757.87 $ $

6 Striping Complete LM 10.16 $ $

7 Stop Bars EA 4.0 $ $

Subtotal: $___________________

10% Contingency: $___________________

Total: $___________________

SECTION 1.4

AGREEMENT

1.4.01 THIS AGREEMENT, made as of the day of , 2026 and between the Worth County Board of Commissioners, hereinafter called the OWNER and ____________________________, hereinafter called the

CONTRACTOR WITNESSETH, that whereas the OWNER intends to construct, FY 2026 LRA Road Resurfacing Project hereinafter called the PROJECT, in accordance with the Drawings, Specifications and other Contract Documents prepared by Axis Engineering Consultants, LLC.

NOW, THEREFORE, The OWNER and CONTRACTOR for the considerations hereinafter set forth, agree as follows:

1.4.02 THE CONTRACTOR AGREES to furnish all the necessary labor, materials, equipment, tools and services necessary to perform and complete in a workmanlike manner all work required for the construction of the

Project, in strict compliance with the Contract Documents herein mentioned, which are hereby made a part of the Contract, including the following Addenda:

Addendum No. Dated

a. Contract Time: Work under this Agreement shall be commenced upon written notice to proceed, and shall be completed no later than 180 calendar days after the notice to proceed is received.

b. Sub-Contractors: The Contractor agrees to bind every sub-contractor by the terms of the Contract

Documents. The Contract Documents shall not be construed as creating any contractual relation between any sub-contractor and the Owner.

1.4.03 THE OWNER AGREES to pay, and the Contractor agrees to accept in full payment for the performance of this Contract, the amounts stipulated in the Bid Form based on in-place quantities at the unit price extensions in accordance with the provisions of the contract documents. The contract price is

a. Progress Payments will be made in accordance with the General Conditions of the Contract.

Worth County, GA

1.4.04 CONTRACT DOCUMENTS: In the event that any provision of one Contract Document conflicts with the provision of another Contract Document, the provision in that Contract Document first listed below shall govern, except as otherwise specially stated.

a. Agreement (This Instrument)

b. Addenda to Contract Documents

c. Remaining Legal and Procedural Documents

1. Proposal

d. Detailed Specification Requirements

e. Drawings

f. Modifications of the General Conditions of the Contract

g. General Conditions of the Contract

1.4.05 AUTHORITY AND RESPONSIBILITY OF THE ENGINEER: All work shall be done under the general supervision of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Drawings and Specifications and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor.

1.4.06 SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall insure to the benefit of and be binding upon the Owner and the Contractor respectively and his partners, successors, assigns and legal representatives. Neither the Owner nor the Contractor shall have the right to assign, transfer or sublet his interests or obligations hereunder without written consent of the other party.

1.4.07 SPECIAL PROVISIONS: The Owner and the Contractor mutually agree that this Agreement shall be subject to Special Provisions (attached), which shall supersede other conflicting provisions of the Agreement.

Worth County, GA

1.4.08 IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written.

OWNER CONTRACTOR

BY BY

TITLE TITLE

BUSINESS ADDRESS BUSINESS ADDRESS

CITY STATE CITY STATE

SECTION 2.1

CONTRACT DOCUMENTS

2.1.01 GENERAL: The Contract Documents comprise the following general classifications of documents, including all additions, deletions and modifications incorporated therein before the execution of the Agreement:

a. Bidding Documents

b. Contractual Documents

c. General Conditions of the Contract

d. Special Conditions

2.1.02 BIDDING DOCUMENTS issued by the Owner to assist bidders in preparing their proposals include:

a. Proposal: The offer of a Bidder to perform the work described by the Contract Documents made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

b. Addenda to Contract Documents: Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his Proposal, shall be covered in the

Proposal, and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal.

2.1.03 CONTRACTUAL DOCUMENTS:

a. Agreement covers the performance of the work described in the Contract Documents including all supplemental addenda thereto and all general and special provisions pertaining to the work or materials therefore.

2.1.04 GENERAL CONDITIONS OF THE CONTRACT outline certain general responsibilities of the Owner and the

Contractor (who are the parties to the Contract) and also those responsibilities delegated by the Owner to the

Engineer who acts as the agent of the Owner.

a. Modifications of the General Conditions are included so that these General Conditions of the Contract of Consulting Engineers Council may be exactly tailored to the specific project. Only those provisions included in the General Conditions of the Contract are included in the modifications.

2.1.05 SPECIAL CONDITIONS are special provisions, not included in the General Conditions of the Contract, which apply to this specific project.

SECTION 2.2

OWNER- CONTRACTOR - RELATIONS

2.2.01 OWNER'S RIGHTS AND RESPONSIBILITIES:

a. Lands by Owner: The Owner will provide the lands shown on the Drawings or described in the

Specifications upon which the work under the Contract is to be performed and to be used for right-of-way for access. Any delay in furnishing these lands by the Owner will be deemed proper cause for adjustment in the Contract Amount and in the time of completion.

b. Base Lines and Bench Marks: Unless otherwise specified, the Owner will establish base lines necessary for the location of the principal component parts of the work together with a suitable number of bench marks adjacent to the work.

c. Owner's Right to Correct Deficiencies: Upon failure to perform the work in accordance with the Contract

Documents, including any requirements with respect to the Schedule of Completion, and after five days' written notice to the Contractor, the Owner, may, without prejudice to any other remedy he may have, correct such deficiencies in work intended to become a permanent part of the project.

d. Suspension of Work by Owner: The Owner shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary due to unsuitable weather or such other conditions as are considered unfavorable to carry out the provisions of the Contract, or to supply materials meeting the requirements of the Contract Documents.

1. Notice: The work or any portion thereof may be suspended at any time by the Owner provided that he gives the Contractor five days' notice of suspension which shall set forth the date on which work is to be resumed. The Contractor shall resume the work upon written notice from the Owner and within ten days after the date set forth in the notice of suspension.

If the Owner does not give written notice to resume work within the ten days of the date fixed in the notice of suspension, the Contractor may abandon that portion of the work so suspended and shall be entitled to payment in accordance with Paragraph 2.6.10 Payment for Work Suspended By the Owner.

e. Owner's Right to Terminate Agreement and Complete the Work: The Owner shall have the right to terminate his agreement with the Contractor after giving ten days' written notice of termination to the

Contractor in the event of any default by the Contractor.

1. Default by Contractor: It shall be considered a default by the Contractor whenever he shall:

(a) Declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors.

(b) Disregard or violate provisions of the Contract Documents or fail to prosecute the work according to the agreed Schedule of Completion, including extensions thereof.

(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore.

2. Completion by the Owner: In the event of termination of the Agreement by the Owner

Worth County, GA because of default by the Contractor, the Owner may take possession of the work and of all materials and equipment thereon and may finish the work by whatever method and means he may select.

2.2.02 CONTRACTOR'S RIGHTS AND RESPONSIBILITIES: All work shall be done in strict accordance with the

Contract Documents. Observations, construction reviews, tests, recommendations or approvals by the Owner or persons other than the Contractor, shall in no way relieve the Contractor of his obligation to complete all work in accordance with the Contract Documents. All work shall be done under the direct supervision of the

Contractor. The Contractor shall be responsible for construction means, methods, techniques and procedures, and for providing a safe place for the performance of the work by the Contractor, Subcontractors, suppliers and their employees and for access, use, work or occupancy by all authorized persons.

a. Lands by Contractor: Any land and access thereto not specifically shown to be furnished by the Owner that may be required for temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the Owner. The Contractor shall confine his apparatus and storage to such additional areas as he may provide at his expense.

1. Private and Public Property: The Contractor shall not enter upon private property for any purpose without obtaining permission, and he shall be responsible for the preservation of all public and private property, trees, monuments, structures and improvements, along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits, and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed.

The Contractor shall repair any damage to public or private property at the Contractor's expense. The Contractor shall repair any damage done to any existing paved driveways using like materials and construction and tie in any existing driveways to the newly paved road.

b. Surveys: Based upon the information provided by the Owner, the Contractor shall develop and make all detailed surveys necessary for construction, including slope stakes, batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall carefully preserve bench marks, reference points and stakes, and, in the case of destruction thereof by the Contractor or resulting from his negligence, the Contractor shall be charged with the expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the loss or disturbance of such bench marks, reference points and stakes.

c. Public Utilities: The elevation and location of all public utilities shown on the Drawings were taken from existing public records. It shall be the duty of the Contractor to make final and exact determination of the location and extent of all utilities and he will be liable for any expense resulting from damage to them.

Worth County, GA

d. Superintendent: A qualified superintendent, who is acceptable to the Owner, shall be maintained on the work and give efficient supervision to the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all instruction given to the superintendent shall be considered as given to the Contractor. It shall be the responsibility of this Contractor's superintendent to coordinate the work of all the Subcontractors. The superintendent shall be present on the site at all times required to perform adequate supervision and coordination.

e. Subcontracts: At the time set forth in the Contract Documents or when requested by the Owner, the

Contractor shall submit in writing for review of the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the approval of the

Owner. The Contractor is responsible to the Owner for the acts and deficiencies of his Subcontractors, and of their direct and indirect employees, to the same extent as he is responsible for the acts and deficiencies of his employees. The Contract Documents shall not be construed as creating any contractual relation between any Subcontractor and the Owner. The Contractor shall bind every

Subcontractor by the terms of the Contract Documents.

1. For convenience of reference and to facilitate the letting of Contracts and Subcontracts, the

Specifications are separated into titled sections. Such separation shall not, however, operate to make the Owner an arbiter to establish limits to the contracts between Contractor and

Subcontractor.

f. Contractor's Right to Suspend Work or Terminate Agreement: Contractor may suspend work or terminate his Agreement with the Owner upon ten days' written notice to the Owner for any of the following reasons:

1. If an order of any court or other public authority caused the work to be stopped or suspended for a period of ninety days through no act or fault of the Contractor or his employees.

2. If the Owner should fail to act upon any Request for Payment within thirty days after it is presented in accordance with the General Conditions of the Contract.

3. If the Owner should fail to pay the Contractor any sum within thirty days after its award by arbitrators.

g. Work During an Emergency: The Contractor shall perform any work and furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he shall notify the Owner of the emergency as soon as practicable, but he shall not wait for instruction before proceeding to properly protect both life and property.

2.2.03 RESPONSIBILITY OF THE OWNER: The Owner shall decide questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Drawings and Specifications and all questions as to the acceptable fulfillment of the Agreement on the part of the

Contractor. The duties and responsibilities of the Owner as set forth herein shall not be extended except through written consent by the Owner.

Worth County, GA

a. Observation of the Work: All materials and each part or detail of the work shall be subject at all times to observation by the Owner, and the Contractor will be held strictly to the intent of the Contract

Documents in regard to quality of materials, workmanship, and the diligent execution of the Contract.

Observations may be made at the site or at the source of material supply, whether mill, plant or shop.

The Owner shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make his observations and construction review.

b. Acceptability of Work: The Owner’s decision as to the acceptability or adequacy of the work shall be final and binding upon the Contractor. The Contractor agrees to abide by the Owner’s decision relative to the performance of the work.

c. Owner’s Decisions: All claims of the Contractor shall be presented to the Owner for decision which shall be final except in cases where time and/or financial considerations are involved, which shall be subject to arbitration.

2.2.04 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

2.2.05 OBSERVATION OF COMPLETED WORK: The Contractor shall remove or uncover such portions of the completed work as may be directed by the Owner at any time before acceptance of the work. After examination, the Contractor shall restore the work to the standard required by the Contract Documents. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the restoring of the work shall be paid for as Extra Work but, should the work exposed or examined prove unacceptable, the uncovering, removing and restoring of the work shall be at the Contractor's expense.

2.2.06 WORK BY OWNER OR OTHER CONTRACTORS:

a. Separate Contracts: The Owner may let other contracts in connection with the work of the Contractor.

The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting his work and to report to the Owner any irregularities, which will not permit him to complete his work in a satisfactory manner. His failure to notify the Owner of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive his work. The Contractor shall not be responsible for defects of which he could not have known, which develop in the work of others after the work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Owner immediately any difference between completed work by others and the provisions of the Contract Documents.

b. Written Agreement: Whenever work being done by the Owner through his own employees or through other contractors is contiguous to work covered by the Contract Documents, the respective rights of the various interests involved shall be established by written agreement to secure the completion of the various portions of the work in general harmony.

Worth County, GA

2.2.07 ARBITRATION: Should there be any dispute or any questioned decision of the Owner which is subject to arbitration, it shall be promptly submitted to arbitration upon demand by either party to the dispute. The

Contractor shall not delay the work because arbitration proceedings are pending unless he shall have written permission from the Owner to do so and such delay shall not extend beyond the time when the arbitrators shall have opportunity to determine whether the work shall continue or be suspended pending decision by the arbitrators of such a dispute. Any demand for arbitration shall be in writing and shall be delivered to the Owner and the adverse party either by personal delivery or by registered mail addressed to the last known address of each, within ten days of receipt of the Owner's decision, and in no event after final payment has been made and accepted. Should the Owner fail within a reasonable period to make a decision regarding a claim of the

Contractor, a demand for arbitration may then be made as if the Owner's decision had been rendered against the party demanding arbitration.

a. Arbitrators: No one shall be qualified to act as an arbitrator who has, directly or indirectly, any financial interest in the Contract or who has any business or family relationship with the Owner or the Contractor.

Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration.

b. Procedure: Arbitration shall be in accordance with the procedure and standards of the American

Arbitration Association.

SECTION 2.3

MATERIALS, EQUIPMENT AND WORKMANSHIP

2.3.01 MATERIALS AND EQUIPMENT: The materials and equipment installed in the work shall meet the requirements of the Contract Documents and no materials or equipment shall be ordered until reviewed by the

Owner. All materials and equipment not otherwise specifically indicated shall be furnished by the Contractor.

The Contractor shall guarantee all materials and equipment he provides in accordance with Paragraph 2.3.08.

a. Substitutions: In order to establish standards of quality, the Owner has, in the detailed Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design.

1. The Contractor shall furnish the complete list of proposed desired substitutions prior to signing of the Contract, together with such engineering and catalog data as the Owner may require.

2. The Contractor shall abide by the Owner's recommendation when proposed substitute materials or items of equipment are not recommended for installation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The Owner will review proposed substitutions and make his recommendations in writing within a reasonable time.

b. Space Requirements: It shall be the responsibility of the Contractor to insure that materials and equipment to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the Contract Documents.

c. Arrangement: Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Contract Documents, and to make all changes in the work required by such arrangement.

d. Unacceptable Materials and Equipment: Materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples reviewed by the Owner, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall not be furnished nor installed.

e. Storage: Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the owner or lessee.

Worth County, GA

f. Manufacturer's Directions: Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

2.3.02 SAMPLES: All samples called for in the Specifications or required by the Owner shall be furnished by the

Contractor and shall be submitted to the Owner for his review. Samples shall be furnished so as not to delay fabrication, allowing the Owner reasonable time for the consideration of the samples submitted.

a. Samples for Tests: Contractor shall furnish such samples of material as may be required for examination and test. All samples of materials for tests shall be taken according to standard methods or as provided in the Contract Documents.

b. Contractor's Guaranty: All samples shall be submitted by the Contractor with a covering letter indicating that such samples are recommended by the Contractor for the service intended and that the Contractor's

Guaranty will fully apply.

c. All materials, equipment and workmanship shall be in accordance with samples guaranteed by the

Contractor and reviewed by the Owner.

2.3.03 SHOP DRAWINGS: The Contractor shall provide shop drawings, setting schedules and such other drawings as may be necessary for the prosecution of the work in the shop and in the field as required by the

Drawings, Specifications or the Owner's instructions. Deviations from the Drawings and Specifications shall be called to the attention of the Owner at the time of the first submission of shop drawings and other drawings for consideration. The Owner's review of any drawings shall not release the Contractor from responsibility for such deviations. Shop drawings shall be submitted according to a schedule prepared jointly by the Contractor and the Owner.

a. Contractor's Certification: When submitted for the Owner's review, shop drawings shall bear the

Contractor's certification that he has reviewed, checked and approved the shop drawings, that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents, and that he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. Contractor shall also certify that the work represented by the shop drawings is recommended by the Contractor and the Contractor's Guaranty will fully apply.

2.3.04 EQUIPMENT DATA: The Contractor shall submit for the Owner's review complete catalog data for every manufactured item of equipment and all components to be used in the work, including specific performance data, material description, rating, capacity, working pressure, material gage or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and reviewed by the Owner before any of the equipment is ordered.

a. Index: Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference.

b. Relation to Contract Documents: Catalog data for equipment reviewed by the Owner shall not supersede the Owner's Contract Documents. The review of the Owner shall not supersede the Owner's Contract

Documents. The review of the Owner shall not relieve the Contractor from responsibility for deviations

Worth County, GA from Drawings or Specifications, unless he has in writing called the Owner's attention to such deviations at the time of submissions, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Owner's Contract

Documents for deviations and errors.

c. Contractor's Certification: Equipment data shall be submitted by the Contractor with a covering letter indicating that he has reviewed, checked and approved the data submitted, that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and that he has verified all field measurements and construction criteria, materials, catalog numbers and similar data.

Contractor shall also certify that the work represented by the shop drawings is recommended by the shop drawings is recommended by the Contractor and that his Guaranty will fully apply.

2.3.05 REJECTED WORK AND MATERIALS: Any defective work whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause shall be removed within ten days after written notice is given by the Owner, and the work shall be re-executed by the Contractor. The fact that the

Owner may have previously overlooked such defective work shall not constitute an acceptance of any part of it.

a. Should the Contractor fail to remove rejected work or materials within ten days after written notice to do so, the Owner may remove them and may store the materials.

b. Correction of faulty work after final payment shall be in accordance with Paragraph 2.5.11.

2.3.06 CUTTING AND PATCHING: The Contractor shall do all necessary cutting and patching of the work that may be required to properly receive the work of the various trades or as required by the Drawings and

Specifications to complete the structure. He shall restore all such cut or patched work as approved by the

Owner. Cutting of existing structure that may endanger the work, adjacent property, workmen or the public shall not be done.

2.3.07 CHARACTER OF WORKMEN: The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractor or persons employed by Subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the Owner, be discharged immediately and shall not be employed again in any portion of the work without the approval of the Owner.

2.3.08 GUARANTY: The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one year from the date of written acceptance of the work.

a. Correction of faulty work after final payment shall be as provided in Paragraph 2.5.11.

SECTION 2.4

INSURANCE, LEGAL RESPONSIBILITY AND SAFETY

2.4.01 INSURANCE: The Contractor shall not commence any work until he obtains, at his own expense, all required insurance. Such insurance must have the approval of the Owner as to limit, form and amount. The

Contractor will not permit any Subcontractor to commence work on this project until the same insurance requirements have been complied with by such Subcontractor.

a. Types: The types of insurance the Contractor is required to obtain and maintain for the full period of the Contract will be: Workmen's Compensation Insurance, Comprehensive General Liability Insurance and Builders' Risk "All-Risk" Insurance as detailed in the following portions of this specification.

b. Evidence: As evidence of specified insurance coverage, the Owner may, in lieu of actual policies, accept certificates issued by the insurance carrier showing such policies in force for the specified period. Each policy or certificate will bear an endorsement or statement waiving right of cancellation or reduction in coverage without ten days' notice in writing to be delivered by registered mail to the Owner. Should any policy be canceled before final payment by the Owner to the Contractor and the Contractor fails immediately to procure other insurance as specified, the Owner reserves the right to procure such insurance and to deduct the cost thereof from any sum due the Contractor under this Contract.

c. Adequacy of Performance: Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guaranty period. Should such insurance be canceled before the end of the guaranty period and the Contractor fails immediately to procure other insurance as specified, the Owner reserves the right to procure such insurance and to charge the cost thereof to the Contractor.

d. Payment of Damages: Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from his operations under this Contract.

2.4.02 WORKMEN'S COMPENSATION INSURANCE: Before the Agreement between the Owner and the

Contractor is entered into, the Contractor shall submit written evidence that he and all Subcontractors have obtained, for the period of the Contract, full Workmen's Compensation Insurance coverage for all persons whom they employ or may employ in carrying out the work under this Contract. This insurance shall be in strict accordance with the requirements of the most current and applicable state Workmen's Compensation

Insurance Laws.

2.4.03 COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE: Before commencement of the work, the Contractor shall submit written evidence that he and all his Subcontractors have obtained for the period of the Contract, full Comprehensive General Liability Insurance coverage. This coverage shall provide for both bodily injury and property damage. The Comprehensive General Liability Insurance will include as

Additional Named Insured’s: the Owner.

a. Bodily Injury portion shall include coverage for injury, sickness or disease, and death, arising directly or indirectly out of, or in connection with, the performance of work under this Contract, and shall provide

Worth County, GA for a limit of not less than one million ($1,000,000) dollars for all damages arising out of bodily injury, sickness or disease to or death of one person, and a total limit of three million ($3,000,000) dollars for damages arising out of bodily injury, sickness or disease and death of two or more persons in any one occurrence.

b. Property Damage portion will provide for a limit of not less than one million($1,000,000) dollars for all damages arising out of injury to or destruction of property of others arising directly or indirectly out of or in connection with the performance of work under this Contract and in any one occurrence including explosion, collapse and underground exposure.

c. Automobile liability insurance shall provide for a limit of not less than one million ($1,000,000) dollars for any liability due to the use of any motorized vehicle.

d. Indemnity: Included in such insurance will be contractual coverage sufficiently broad to insure the provisions of Paragraph 2.4.05.

2.4.04 BUILDERS' RISK "ALL-RISK" INSURANCE: Before commencement of the work, the Contractor shall submit written evidence that he has obtained, for the period of the Contract, Builders' Risk "All-Risk" Completed Value

Insurance coverage including Flood and/or Earthquake upon the entire project which is the subject of this

Contract and including completed work and work in progress. Such insurance shall include as Additional Named

Insured’s: the Owner and any other persons with an insurable interest designated by the Owner as an Additional

Named Insured.

a. Deductible Clause: Such insurance may have a deductible clause but amount of deductible shall not exceed $250.00.

2.4.05 INDEMNITY: The Contractor shall hold harmless, indemnify and defend the Owner, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the work described herein, but not including the sole negligence of the Owner.

2.4.06 PATENTS AND ROYALTIES: If any design, device, material or process covered by letters patent or copyright is used by the Contractor, he shall provide for such use by legal agreement with the owner of the patent or a duly authorized licensee of such owner, and shall save harmless the Owner from any and all loss or expense on account thereof, including its use by the Owner.

2.4.07 PERMITS: All permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor.

2.4.08 LAWS TO BE OBSERVED: The Contractor shall give all notices and comply with all Federal, State and local laws, ordinances and regulations in any manner affecting the conduct of the work, and all such orders and decrees as exist, or may be enacted by bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless the Owner against any claim or liability arising from, or based on, the violation of any such law, ordinances, regulation, order or decree, whether by himself or his employees.

2.4.09 WRITTEN NOTICE: Written notice shall be considered as served when delivered in person or sent by registered mail to the individual, firm or corporation or to the last business address of such known to him who serves the notice.

a. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any change in his business address until completion of the Contract.

2.4.10 ASSIGNMENT OF CONTRACT: Neither the Contractor nor the Owner shall sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations thereunder, without written consent of the other party.

2.4.11 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

2.4.12 WORK DURING AN EMERGENCY: The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property.