FY27_ENGCP_005_5 Mill Creek Parking Lot ITB F.pdf

BULLOCH COUNTY CONTRACT #FY27-ENGCP-005-5

Mill Creek Park Parking Lot FDR Project

NOTICE OF SOLICITATION – INVITATION TO BID:

Bulloch County Board of Commissioners

Recreation Department

DESCRIPTION OF PROJECT: The Bulloch County Board of Commissioners is accepting sealed bids from qualified contractors for infrastructure improvements at Mill Creek Regional Park. The work to be performed under this contract consists of furnishing all labor, equipment, materials, and incidentals required for the construction of roadway and parking area pavement structures. Major work items include but is not limited to:

• Full Depth Reclamation (FDR) and soil-cement base stabilization (GDOT Section 315)

• Subgrade preparation, grading, and earthwork

• Drainage structure installation and stormwater improvements

• Bituminous prime coat and hot mix asphalt (HMA) overlay paving

• Associated traffic control, pavement markings, and site restoration

TIME ALLOWED FOR PERFORMANCE: The project shall commence immediately after the County’s issuance of Notice to Proceed. The Contractor shall achieve Substantial Completion of the work and certification of same no later than March 31, 2027, and shall achieve Final Acceptance of the work and certification of same no later than April 30, 2027.

TERMS AND TIME OF PAYMENT: The contractor shall receive payment within fifteen (15) days of receipt of an approved invoice for quantities installed, with a retainage factor as specified in the bid package and contract.

The County reserves the right to increase or decrease quantities for any work items from the awarded contract.

Payment shall be based on the actual approved quantities of work performed, with no adjustment in the bid unit price.

AWARD AND RESERVATIONS: It is understood and agreed that in consideration of the sum of One Dollar and No/100 ($1.00) cash in hand paid, receipt whereof is hereby acknowledged, the bidder agrees that this bid shall be an option, which is hereby given to the Purchaser to accept or reject this bid at any time within thirty (30) calendar days from the date on which it is opened and read. It is expressly covenanted and agreed that this bid is not subject to withdrawal by the bidder during the term of said option. The party submitting the bid is solely responsible for delivering the bid to the exact location and by the time stated. Award will be made to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth herein; provided, however, that Bulloch County reserves the right to reject any and all bids and to waive any technicalities or informalities. Bulloch County reserves the right to use or not use any alternate bid associated with this solicitation.

OBTAINING PLANS, SPECIFICATIONS AND BID FORMS: Specifications and requirements may be obtained from and/or examined at the Bulloch County Engineer’s Office at 115 N Main Street, Statesboro, Georgia 30458. A bid package may be requested by emailing the Procurement Office at Procurementeng@bullochcounty.net or by going to the County’s website: https://bullochcounty.net/bid-opportunities/, or by going to the Georgia Procurement Registry website: https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview.

mailto:Procurementeng@bullochcounty.net https://bullochcounty.net/bid-opportunities/ https://bullochcounty.net/bid-opportunities/ https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview

It will be the sole responsibility of the bidders to periodically check all websites for addenda associated with bidding for this project. Failure to include a signed copy of any addenda issued for this project in the submitted bid package will result in the submitted bid not being considered for this project. For all questions concerning the bid, please email the Procurement Office at Procurementeng@bullochcounty.net.

AMOUNT OF PROPOSAL GUARANTY: A bid bond in the amount of 5% of the total bid is required to be submitted with the bid. If the contract is awarded, the successful bidder will be required to furnish payment and performance bonds in the amount of the contract. Sureties for bid bonds, payment bonds, and performance bonds must be good and solvent sureties licensed to do business in the State of Georgia and must be on the U.S. Treasury Department’s list of approved sureties in Circular 570.

TIME AND PLACE FOR SUBMISSION AND OPENING OF BIDS: Bidders are responsible for the actual delivery of sealed bids during normal business hours to the Bulloch County Procurement Office. The original bid along with one (1) copy and supporting documents must be submitted in a sealed clearly marked envelope. The deadline for receipt of all bids is November 20, 2026, at 11:00 AM EST at which time the bids will be publicly opened and the cost components read and recorded at the Bulloch County North Main Annex, 115 N. Main St., Statesboro, GA 30458. The bid review team will then proceed to determine conformity with the specifications and other criteria. Upon the closure of the review, the bid review team will recommend selection of a contractor to the Board of Commissioners for final approval at their next subsequent regular meeting.

TERMS AND CONDITIONS OF PROCUREMENT

BID IDENTIFICATION: The outside of the sealed envelope shall include the wording:

Bid# FY27-ENGCP-005-5:

Mill Creek Regional Park Full Depth Reclamation Package Bid Opening: November 20, 2026, at 11:00 AM EST Attn: Procurement Manager

Disqualification: Bids may be disqualified for: a) receipt of the bid by the County past the stated deadline; b) any irregularities; c) unbalanced unit price or extensions; d) unbalanced value of any items; e) failure to complete proposal information correctly; or f) failure to comply with restrictions to proposers. If in the opinion of the Bulloch County Board of Commissioners, the vendor is not in a position to perform the contract, the bid may be disqualified. The County reserves the right to waive any minor informality or irregularities.

Restrictions to Proposers: No employee of Bulloch County shall have a financial interest either directly or indirectly in the purchase of or contract for any goods or services, nor in any firm, corporation, partnership, limited liability company, or any other legal entity furnishing any goods or services to Bulloch County or any of its departments. For the purposes of this provision, an indirect financial interest includes, but is not necessarily limited to, the financial interest of an employee’s spouse.

Lawsuits/Bribery: Prospective vendors shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., conflicts of interest, or contract defaults.

Liability: The County is not liable for any cost incurred in the preparation of the bid. Nor is the County bound by any information provided unless reduced to writing and distributed as a written addendum.

Clarification of submittals: The County reserves the right to seek clarification of any point in a respondent's bid, or to obtain additional information.

Correction or withdrawal of bids, cancellation of awards: Correction or withdrawal of bids after the deadline for submitting bids has passed, or cancellation of awards or contracts may be permitted only to the extent that the vendor can show by clear and convincing evidence that a clerical mistake of non-judgmental character was made, or where the withdrawal or cancellation is in the best interest of the County.

County Obligations: Bulloch County has a standing policy to disqualify or withhold compensation to vendors, contractors and professional consultants if there are existing obligations to Bulloch County for any liens, ad valorem taxes, licenses or other financial remittances due to the county.

Forms: The bidder shall complete all forms included in Attachment A, including a) Bid Form; b) Non-Collusion Affidavit; c) Bidder Declaration; d) Contractor Affidavit.

Award: If awarded, the project will be awarded to the lowest reliable bidder. The bidder to whom the award is made will be notified at the earliest possible date. The purchaser reserves the right to reject the award to a vendor who has previously failed to perform properly, or to complete on time contracts of a similar nature.

Contract: The successful bidder will be required to execute a contract in the form attached hereto as Attachment B.

Insurance. Bidder shall purchase from and maintain in a company or companies authorized to do business in the state of Georgia the following types of insurance:

A. Statutorily required workers’ compensation insurance.

B. General comprehensive liability insurance, with an endorsement naming the County and its officials, officers, and employees as additional insureds, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate.

C. Auto liability insurance, with an endorsement naming the County as an additional insured, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate.

The Contractor shall provide the County with certificates of insurance prior to the start of construction and thirty (30) days’ written notice prior to cancellation and registered as a corporate surety in the most recent edition of Circular 570 of the United States Department of the Treasury.

PROJECT PROFILE

The project is located along State Route 24 at the Mill Creek Region Park. Project scope consists of Full Depth Asphalt Reclamation, subgrade compaction activities, grading & earthwork operations, drainage work, subgrade construction, soil cement base construction, and asphalt paving work. Refer to the project exhibits produced by the Bulloch County Engineering Department attached in this Invitation to Bid.

SPECIFICATIONS AND SPECIAL PROVISIONS

Approximate bid quantities for unit cost pricing are included in Form A: Bid Form, as attached. In addition to bidding on proposed quantities, the following special provisions for this project shall apply:

1. Substantial Completion is defined as the point where the work can be utilized as intended, such as when the new construction is open to traffic.

2. The Owner and the Contractor agree that time is of the essence of this contract and that the Owner’s damages will be difficult or impossible to estimate should the Contractor fail to achieve Substantial Completion of the work and certification of same no later than March 31, 2027 or Final Acceptance of the work and certification of same no later than April 30, 2027, plus any time extensions made in accordance with Specification 3 herein. Therefore, should the Contractor fail to achieve Substantial Completion or Final Acceptance within the specified dates, the Owner and the Contractor agree that the Contractor shall continue the work and shall pay to the Owner the sum of $150.00 per calendar day as liquidated damages, and not as a penalty, for each calendar day that the work continues beyond the specified completion date for Substantial Completion or Final Acceptance as applicable. The Owner shall have the right to withhold any liquidated damages from amounts otherwise due the Contractor.

3. Contract time may only be modified through a Change Order approved by the County. Any claim for a change in contract time shall be based on written notice within 30 days of the occurrence of the event giving rise to the claim and stating the nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within 60 days of the occurrence. Extensions to contract time shall be based on, but not limited to, occurrences such as acts or neglect by the County or others, additional work, fires, floods, abnormal weather conditions, epidemics, or acts of God.

4. Except as hereinafter specified, all material and workmanship shall be in strict accordance with the current Georgia Department of Transportation (GDOT) Standard Specifications for Construction, 2021 edition or as subsequently amended.

5. The Contractor is responsible for any damage to the property as a result of the work during construction.

6. All proposed materials must be submitted to and approved by the County Engineer prior to installation

(i.e. asphalt job mix, soil cement base mix, concrete batch plant producers, etc.).

7. The County Engineer reserves the right to reject on-site all defective material which does not meet the requirements of GDOT 2021 specifications edition or as subsequently amended.

8. Contractors shall bid on only those items provided in the bid schedule. No alternative material types submitted by the contractor will be considered during the bidding phase, unless approved by the County Engineer and resulting in an addendum addressing the request is issued.

9. All permanent traffic striping will be re-installed by the Bulloch County Recreation Department.

10. The quantities shown on the Bid Form are estimated for bidding purposes only. Field verification with the submittal of an RFI for any discrepancy is the desired outcome of this ITB.

11. Construction engineering inspection will be performed by the County Engineer unless otherwise noted.

12. The successful bidder shall furnish satisfactory performance and payment bonds each in an amount not less than one hundred percent (100%) of the total contract price from a good and solvent surety licensed to do business in the State of Georgia and registered as a corporate surety in the most recent edition of Circular 570 of the United States Department of the Treasury.

13. The successful bidder shall purchase from and maintain in a company or companies authorized to do business in the state of Georgia the following types of insurance: statutorily required workers’ compensation insurance; general comprehensive insurance, with an endorsement naming the County and its officials, officers, and employees as additional insureds, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate; auto liability insurance, with an endorsement naming the County as an additional insured, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate. The Contractor shall provide the County with certificates of insurance prior to the start of construction and 30 days written notice prior to cancellation.

14. Other contractors or municipalities may be working on this project during the life of the contract awarded for performing this work. Bulloch County reserves the right to coordinate the work being performed on the same project by different forces and further reserves the right to schedule the construction in a sequence most advantageous to the County and convenience to the public. Also, certain public and private utilities and public agencies may be working within the project limits. No claims for extra compensation or adjustments in unit prices will be allowed the contractor because of any delay, inconvenience or extra work caused by other parties working on the project.

15. The Contractor shall maintain the entire Project limits beginning with the County’s issuance of Notice to Proceed with construction operations to written Final Acceptance of the Project. This maintenance shall constitute continuous and effective work prosecuted day by day with adequate equipment and forces to the end that the roadway and structures are kept in satisfactory condition at all times. All costs associated with maintenance as described in the aforementioned shall be included in the overall bid for construction and the Contractor will not be paid an additional amount.

16. The Contractor shall be responsible for coordination of the existing utilities as shown on the project plans during the course of project delivery. The Contractor shall ensure protection of all existing utilities during construction of this project. Any utilities damaged by the Contractor shall be repaired in accordance with the related utility’s specifications at the Contractor’s

17. The County shall make monthly progress payments on account of the contract, less retainage of ten percent (10%), based upon the Contractor’s submission to the County of an invoice detailing the work completed. The period covered by each invoice shall be one calendar month ending on the last day of the month, and payment shall be due within fifteen (15) days of the County’s receipt of the invoice.

Each invoice shall be accompanied by appropriate documentation of the quantities for which payment is requested.

18. The County has the right to terminate the contract. Termination for Failure to Timely Return Signed Contract, Insurance Certificate, and Bonds: The signed contract, Certificate of Liability Insurance, and the performance and payments bonds must be returned to the County Engineer within thirty (30) calendar days of receipt of notice of award. Failure to do so may result in withdrawal of award and termination of contract. Termination for Cause. Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the County, after seven (7) days’ written notice to the Contractor and its surety, if any, may, without prejudice to any other remedy the County may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at the option, may terminate the contract and take possession of all materials, tools and, and finish the Project by such means as the County sees fit; and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Project, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the County. Termination for Convenience. The County shall also have the right to terminate this contract at any time for any reason by giving at least thirty (30) days’ written notice to the Contractor.

In such event, the Contractor will be paid a fair and reasonable payment as determined by the County for the work completed as of the date of termination.

19. Immigration: On July 1, 2009, the Georgia Security and Immigration Compliance Act (SB 529, Section

2) became effective. All employers, contractors and subcontractors entering into a contract or performing work for Georgia’s public employers in the amount of $2,500 or more must sign an affidavit that he/she has used the E-verify System. This includes out-of-state contractors. E-verify is a no-cost federal employment verification system to insure employment eligibility. For more information on E-verify please go to http://www.dhs.gov/e-verify. An affidavit is enclosed in this solicitation. All Proposers are to read and complete the E-verify Contractor Affidavit enclosed to be returned with response. Failure to do so will result in your solicitation response being rejected as non-responsive.

If you use a third-party administrator, do not enter their name in place of the Federal Work Authorization E-verify Company ID#; the administrator’s name does not replace the actual number.

You must contact your administrator for the number and the date of authorization (when the number became effective).

If you only include the third-party administrator’s name and not your company’s actual authorization number, this will result in your solicitation response being rejected as non-responsive.

20. The Project quantities were developed with the Standard application practices found in GDOT

Specification Section 315.

21. The Contractor will be required to provide Construction Material Testing for acceptance of all materials used during construction delivery of this Project. All sampling and testing performed shall meet acceptance requirements in accordance with GDOT 2021 Standard Specifications edition or as subsequently amended. All quality assurance/quality control sampling and testing shall be performed by a GDOT prequalified consultant in Area Class 6.04(a) Laboratory Materials Testing and Area Class 6.04(b) Field Testing of Roadway Construction Materials. The Contractor shall submit a consultant from the current GDOT prequalified list to the County for review and acceptance. The Contractor will also make available to the County upon request a copy of the Agreement between the Contractor and the Construction Materials Testing Firm.

• Specifically, a materials and testing laboratory that can attain a soil cement mix design in compliance with GDOT standard specifications section 315 (GDT 65).

BID SUBMISSION FORMAT

Please submit one (1) original bid document and (1) copy in a sealed envelope clearly marked on the outside as follows:

Bid# FY27-ENGCP-005-5:

Mill Creek Regional Park Full Depth Reclamation Package Bid Opening: November 20, 2026, at 11:00 AM EST Attn: Procurement Manager

All Bids must be delivered to the Bulloch County Procurement Office at 115 N. Main St, Statesboro, GA 30458, no later than November 12, 2026, at 11:00 AM EST, at which time and place the bids will be publicly opened and read aloud. LATE BIDS WILL NOT BE CONSIDERED. Bids should be bound or stapled whereby additional copies can be easily made by county staff. Pages should be 8 ½” X 11” in size with larger sheets folded to fit within bindings. The bid package should be ordered in the following format. All forms must be completed, signed and notarized where indicated. Failure to include any of the listed documentation will be justification not to accept a submitted sealed bid for this project:

Bid Bond: In the amount of 5% of the total bid

Form A: Bid Form

Form B: Non-Collusion Affidavit

Form C: Bidder Declaration

Form D: Contractor Affidavit

All bids must be USPS mailed, hand or service delivered to the following address, no faxes or emails are accepted for sealed bids:

Bulloch County Board of Commissioners Attn: Procurement Director 115 N Main Street Statesboro, GA 30458

Bidders will be fully responsible for the delivery of their bids in a timely manner. Reliance upon U.S. Mail or other carriers is at the bidder's risk. Late bids will not be considered.

BID SCHEDULE

ACTIVITY DATE ACTION

Notice of Solicitation Issued October 29, 2026 Begin circulation Vendor’s Conference NA NA Return of Responses to Questions at Vendor’s Conference

NA NA

Deadline to submit questions November 13, 2026 at

5:00 PM EST

County to receive all questions via email at Procurementeng@bullochcoun ty.net

Deadline to answer questions November 16, 2026 at

5:00 PM EST

County to respond to all questions via Addenda posted to solicitation websites

Bid Submission Deadline and Bid Opening

November 20, 2026 at

11:00 AM EST

Submit one (1) original w/attachments & one (1) copy w/attachments:

Bulloch County Board of Commissioners, Procurement Office, 115 North Main Street, Statesboro, GA 30458

Estimated Award Date December 1, 2026 Bulloch County Board of Commissioners Meeting

5:30 PM EST

ATTACHMENT A: REQUIRED FORMS

FORM A: BID FORM

TO: Bulloch County Board of Commissioners 115 North Main Street Statesboro, Georgia 30458 ATTN: Procurement Director

Proposal Line

Number

Item ID Description

Approximate Quantity &

Units

Unit Price Dollars and Cents

Bid Amount Dollars and Cents

0005 150-1000 Traffic Control

1.00

LS

231-1250 Miscellaneous Construction: Demo & Replace Drainage to Grade

3.00

EA

0015 301-5000 Portland Cement

350.00

TN

315-0100 Full Depth Reclamation: 6” Depth

(GDOT SP. 315)

12,750.00

SY

402-3101 Recycled Asph. Conc. 12.5 MM Superpave, GP 1 OR 2, Incl. Bitum. Matl. & H Lime (220 LBS/SY)

1,450.00

TN

999-0310 Construction Matl. Testing – Contractor Provided

1.00

LS

TOTAL BASE BID IN THE AMOUNT OF:

Dollars and Cents

In Words

All bids submitted shall be subject to acceptance or rejection and Bulloch County specifically reserves the right to accept or reject any or all bids, and to waive any technicalities or informalities in the process. The undersigned understands that any conditions stated above, clarifications made to the above or information other than that requested should be under separate cover and will be considered only at the discretion of the County Manager.

FIRM NAME:

SIGNATURE:

TITLE:

ADDRESS:

TELPHONE: FAX:

EMAIL:

Subscribed and sworn to before me this day of 20

NOTARY PUBLIC

FORM B: NON-COLLUSION AFFIDAVIT

The following affidavit is to accompany the bid:

STATE OF:

COUNTY OF:

Owner, Partner or Officer of Firm:

Company Name, Address, County and State:

Being of lawful age and being first duly sworn, the above-named individual on oath says that he/she is the agent authorized by the vendor to submit the attached proposal. Affiant further states that neither the vendor nor any of its employees or agents has prevented or attempted to prevent competition in such bidding by any means whatever; nor has the vendor or any of its employees or agents prevented or endeavored to prevent anyone from making a bid or proposal therefor by any means whatever; nor has the vendor or any of its employees or agents caused or induced another to withdraw a bid or proposal for the work. Affiant further states that neither the vendor nor any of its employees or agents has directly or indirectly violated Section 36-91-21(d) of the Official Code of Georgia Annotated.

FIRM NAME:

SIGNATURE:

TITLE:

Subscribed and sworn to before me this day of 20 .

NOTARY PUBLIC:

FORM C: BIDDER DECLARATION

The bidder understands, agrees and warrants:

That the bidder has carefully read and fully understands the full scope of the specifications.

That the bidder has the capability to successfully undertake and complete the responsibilities and obligations in said specifications.

That this bid shall be valid for 30 days.

That this bid may be withdrawn by requesting such withdrawal in writing at any time prior to November 20, 2026, 11:00 AM EST but may not be withdrawn after such date and time for a period of 30 days.

That Bulloch County reserves the right to reject any or all bids and to accept that bid which will, in its opinion, best serve the public interest. Bulloch County reserves the right to waive any technicalities or informalities in the bidding.

That by submission of this bid the bidder acknowledges that Bulloch County has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the bidder.

If a partnership, a general partner must sign.

If a corporation the authorized corporate officer(s) must sign and the corporate seal must be affixed to this proposal.

BIDDER:

Name Title

Name Title

AFFIX CORPORATE SEAL (if applicable)

Subscribed and sworn to before me this day of 20 .

NOTARY PUBLIC _____________________________________

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

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

Federal Work Authorization E-verify Company ID# Date of Authorization

Name of Company

Name of Contractor

FY27-ENGCP-005-5: Mill Creek Regional Park Full Depth Reclamation Package Name of Project

__Bulloch County, Georgia___________ Name of Public Employer

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

Executed on ____________, _____, 20____ in _________________ (city), ____ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF _________________,20____.

NOTARY PUBLIC

My Commission Expires:

* As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

CONTRACT FORM – EXAMPLE

BULLOCH COUNTY, GEORGIA

Contractor Name and Address:

Phone Number:

Email Address:

Project: FY27-ENGCP-005-5: Mill Creek Parking Lot Full Depth Reclaimation Package

AGREEMENT

This Agreement, made and entered into this ____ day of __________________________, 20____, by and between BULLOCH COUNTY, a political subdivision of the state of Georgia, acting by and through its governing authority, the Bulloch County Board of Commissioners (hereinafter “the County”) and _______________________________________________ (hereinafter “the Contractor”).

The County and the Contractor hereby agree as follows:

1. Scope of Work. The Contractor shall furnish all labor, materials, and equipment and perform all of the work as described in the Contract Documents for the following project:

FY27-ENGCP-005-5: Mill Creek Regional Park Full Depth Reclaimation Package

2. Contract Documents. The Contract Documents consist of the following:

a. This Agreement and any attachments hereto, which attachments are incorporated herein by reference.

b. The Notice of Solicitation/Invitation to Bid, including any addenda, for the above-referenced project, which is attached hereto and incorporated herein by reference.

c. Any specifications or standards referenced in this Agreement or the Notice of

Solicitation/Invitation to Bid, including but not necessarily limited to the Georgia Department of Transportation Standard Specifications for Construction, 2021 edition, or as subsequently amended (hereinafter the ‘GDOT Standard Specifications”), which specifications are incorporated herein by reference.

d. The Contractor’s completed Bid Form, Non-Collusion Affidavit, and Bidder Declaration, which executed documents are attached hereto and made a part hereof by reference.

3. Time for Completion; Extensions; No Damages for Delay. The project shall commence immediately after the County’s issuance of the Notice to Proceed. The Contractor shall achieve Substantial Completion of the work and certification of same no later than March 31, 2027 and shall achieve Final Acceptance of the work and certification of same no later than April 20, 2027. No compensation or payment of any kind, other than an extension of time, shall be owed to the Contractor on account of delays in the progress of the work caused for any reason, whether avoidable or unavoidable and whether or not caused in whole or in part by any act or omission of the County or any of its agents or employees, and the Contractor agrees that it will make no claim for additional compensation for any such delays. An extension of time for completion of the work shall be the Contractor’s sole remedy for any such delays.

4. Liquidated Damages. The Owner and the Contractor agree that time is of the essence of this contract and that the Owner’s damages will be difficult or impossible to estimate should the Contractor fail to achieve Substantial Completion within 120 calendar days or Final Acceptance within 150 calendar days as stated in the above schedule, plus any time extensions made in accordance with the Specifications. Therefore, should the Contractor fail to achieve Substantial Completion or Final Acceptance within the specified times, the Owner and the Contractor agree that the Contractor shall continue the work and shall pay to the Owner the sum of $150.00 per calendar day as liquidated damages, and not as a penalty, for each calendar day that the work continues beyond the specified completion date for Substantial Completion or Final Acceptance, as applicable. The Owner shall have the right to withhold any liquidated damages from amounts otherwise due the Contractor.

5. Contract Sum. The County shall pay the Contractor for the performance of the work based on the unit prices stated on the Bid Form. It is understood that the quantities shown are approximate only and subject to either increase or decrease, and any increases or decreases are to be paid for at the contract unit price given.

6. Progress Payments. The County shall make monthly progress payments on account of the contract, less retainage of ten percent (10%), based upon the Contractor’s submission to the County of an invoice detailing the work completed. The period covered by each invoice shall be one calendar month ending on the last day of the month, and payment shall be due within fifteen (15) days of the County’s receipt of the invoice. Each invoice shall be accompanied by appropriate documentation of the quantities for which payment is requested.

7. Acceptance and Final Payment. The Contractor shall notify the County when the Contractor considers the project to be complete. The County shall promptly schedule a final inspection of the entire project, and the Contractor shall accompany the County's representative(s) for such final inspection. The County shall develop a punch list for the project to denote any deficiencies that must be corrected by the Contractor.

Final payment shall be due thirty (30) days after the Contractor has completed any punch list items and the County has accepted the project as complete.

8. Materials, Appliances and Employees. Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. All workmen and subcontractors shall be skilled in their trades.

9. Surveys, Permits and Regulations. The County shall furnish all surveys unless otherwise specified.

Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the County unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the County if the Contract Documents are at variance therewith.

10. Protection of Work, Property and Persons. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect.

11. Access to Work. The Contractor shall permit and facilitate observation of the work by the County and its agents and public authorities at all times.

12. Changes in the Scope of the Work. The County may order changes in the scope of the work, the contract sum and time for completion being adjusted accordingly. Any changes in the scope of the work involving an increase or decrease in quantities for which unit prices are quoted on the Bid Form shall result in a change order increasing or decreasing the approximate quantities stated on the Bid Form, and the increase or decrease in cost for such changes shall be paid for in accordance with the unit prices quoted on the Bid Form. Any changes involving labor or materials not included in the quantities for which unit prices are quoted on the Bid Form shall result in a change order for which the Contractor shall be compensated on a lump sum basis or on the basis of unit prices established for the additional work required by such changes.

No additional work outside the scope of the Contract Documents shall be performed without a written change order executed by the County Manager. Overhead and profit on additional work shall be limited to the following percentages:

• 14% overhead and profit on additional work performed by the Contractor's own forces; or

• 7.5% overhead and profit on additional work performed by a subcontractor of the Contractor.

13. Correction of Work. The Contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from the date of completion of the contract and final acceptance of the work by the County unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to County. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor.

14. County's Right to Terminate Contract.

Termination for Failure to Timely Return Signed Contract, Insurance Certificate, and Bonds: The signed contract, Certificate of Liability Insurance, and the performance and payments bonds must be returned to the County Engineer within thirty (30) calendar days of receipt of notice of award. Failure to do so may result in withdrawal of award and termination of contract.

Termination For Cause: Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the County, after seven days' written notice to the Contractor, and its surety, if any, may, without prejudice to any other remedy the County may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at the County's option, may terminate the contract and take possession of all materials, tools, appliances and finish the work by such means as the County sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the County.

Termination for Convenience: The County shall also have the right to terminate this contract at any time for any reason by giving at least thirty (30) days' written notice to the Contractor. In such event, the Contractor will be paid a fair and reasonable payment as determined by the County for the work complete as of the date of termination.

15. Withholding of Payments. Payments otherwise due may be withheld on account of, but not necessarily limited to, the following reasons: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the Contractor or its subcontractors to make timely payments for labor, equipment, and materials;

damage caused by the Contractor to the County, other contractors, or subcontractors; or reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum.

16. Insurance. Contractor shall purchase from and maintain in a company or companies authorized to do business in the state of Georgia the following types of insurance:

a. Statutorily required workers’ compensation insurance.

b. General comprehensive liability insurance, with an endorsement naming the County and its officials, officers, and employees as additional insureds, and with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate.

c. Auto liability insurance, with an endorsement naming the County as an additional insured, and with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate.

The Contractor shall provide the County with certificates of insurance prior to the start of construction and thirty (30) days’ written notice prior to cancellation, and registered as a corporate surety in the most recent edition of Circular 570 of the United States Department of the Treasury.

17. Payment and Performance Bonds. Prior to the start of construction, the Contractor shall furnish to the

County payment and performance bonds each in an amount not less than one hundred percent (100%) of the total contract price from a good and solvent surety licensed to do business in the state of Georgia and must be on the U.S. Treasury Department’s list of approved sureties in Circular 570.

18. Separate Contracts. The County has the right to let other contracts in connection with the work and the

Contractor shall properly cooperate with any such other contractors.

19. Attorney’s Fees and Expenses. Should the Contractor default in any of the provisions of this Agreement and should the County employ an attorney to enforce any provision hereof or to collect damages for breach of this Agreement or to recover on any payment or performance bond furnished by the Contractor, the Contractor and its surety agree to pay the County such reasonable attorney’s fees and expenses of litigation as the County may expend therein.

20. Choice of Law and Venue. All actions arising out of, or in any way connected with this contract, shall be litigated and decided in the Superior Court of Bulloch County, and the Contractor hereby submits itself to the jurisdiction and venue of that court and waives any rights to insist upon venue or jurisdiction elsewhere or raise any such defenses in any such action.

21. Cleaning Up. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the project premises broom-clean.

22. Indemnification. The Contractor agrees to indemnify, hold harmless, and defend the County, its officials, and employees (hereinafter collectively “the indemnitees”) from and against any and all claims, damages, liabilities, suits, proceedings, costs, and expenses of litigation (including, without limitation, reasonable attorney’s fees) related to or arising in any way out of the performance of this Agreement, unless such is attributable to the sole negligence of the indemnitees.

23. Prevailing Wages. The hourly minimum rate of wage which may be paid to laborers, workers or mechanics in each trade or occupation to be employed in the performance of the contract shall be not less than such specified hourly minimum rate of wage in the performance of this contract as required by law.

24. Equal Opportunity. The Contractor shall not discriminate against any employee or against any applicant for employment on the basis of race, religion, sex, color or national origin.

25. No Waiver. No failure on the part of either party to this Agreement at any time to require performance by the other party of any term of this Agreement shall be taken or held to be a waiver of such term or in any way affect such party’s right to enforce such term, and no waiver on the part of either party of any term of this Agreement shall be taken or held to be a waiver of any other term hereof or the breach thereof.

26. Assignment. This Agreement may not be assigned by either party without the written consent of the other party, and any purported assignment without such written consent shall be null and void. In the event of a valid assignment, this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

27. Immunity. Nothing contained in this Agreement shall be construed or deemed to be a waiver of any immunity to which the parties, their officials, or employees are legally entitled.

28. Legal Construction; Severability. This Agreement shall be governed by the laws of the state of Georgia. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

29. Entire Agreement; Amendment. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements relating to the subject matter hereof, whether written or oral, are nullified and superseded hereby, and neither party shall have any further rights or obligations under such superseded agreements. This Agreement may be amended or supplemented only by the mutual consent of the contracting parties in writing signed by all parties to this Agreement.

SEE ATTACHED SIGNATURE PAGE

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.

Contractor BULLOCH COUNTY

BY: (L.S.) BY: (L.S.)

County Manager

TITLE: _____________________ DATE:

DATE:

ATTEST:

TITLE:

ATTEST:

County Clerk

Corporate Seal County Seal

DRAWN BY:

DESIGNED BY:

CHECKED BY:

REVISION NOTES :

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P ar k Im pr ov em en ts

All measurements are approximate.

Estimated using aerial photography.

Field Verification will be required.

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( IN FEET )

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AutoCAD SHX Text 1 inch = 10 ft.