2026 Milling and Repaving Wexford Downs/Dallas Landings City of Acworth, Cobb County, Georgia

Invitation for Bid 2026 Milling and Repaving

Wexford Downs/Dallas Landings City of Acworth, Cobb County, Georgia

Bidder Information and Contract Documents

IFB 2026-16

Section Contents Page #

00100 Instructions to Bidders 3

00200 Contract Documents 9

00300 Sample Bond Forms 17

00400 General Conditions 21

00500 General Notes, Plans, Specifications 43

NOTE: In the event of conflict between any provisions of this contract, the specification section(s) will take precedence.

SECTION 00100 INSTRUCTIONS TO BIDDERS

1.01 General

A. Sealed bids for the 2026 Milling and Repaving Wexford Dowms/Dallas Landings, City of Acworth will be received by:

City Clerk 4415 Center Street City of Acworth, Cobb County, Georgia 30101

Bids will be received until 3:00 o’clock P.M. EST, Wednesday, October 14th 2026. Bids will be publicly opened and read aloud at the above address immediately following the closing of the bids. Bids received after the submission deadline will not be considered. A non-mandatory pre-bid meeting will be held at 1:00 o’clock P.M. EST September 21st, 2026 at 4402 Acworth Industrial Dr, Acworth, GA 30101.

A. The roadways to be milled and paved will be determined by City of Acworth Public Works. IFB-2026-16.

The site of the proposed work for the bid is located at The Wexford Downs Subdivision including Mitchell Hill, Sections of Dallas Landings neighborhood, and Franklin St in Acworth, Cobb County, Georgia and will include the following streets in entirety: Mitchell Hill Dr, Hill View Dr, Overlook Dr, Ridgecrest Ct, Kildare Ct, Wexford Downs Way, Franklin St, Cove St, Dawn Dr, Wood Valley Dr, Allatoona Dr, Dogwood Dr, Lakewood Dr, Cemetery Rd, Hill St, Pinecrest Dr, and Dewberry Cir.

B. The successful contractor will furnish all necessary material, equipment, operators, maintenance of traffic (MOT)and laborers to complete the project. Construction activities include, but are not limited to; traffic control, storm drain protection, milling, tack coat, asphalt placement, and striping as needed. Contractor to provide unit pricing for the following: Per square yard for edge milling and asphalt resurfacing, tonnage for deep patching & aggregate base replacement (10% of total calculated square feet), linear feet for pavement markings, and lumpsum for traffic control.

C. Edge Milling

a. Mill the existing asphalt pavement edges to a depth of 1.5 inches along the designated roadway limits.

b. Milling shall provide a clean, uniform edge and proper tie-in to the existing pavement.

c. Contractor shall remove and properly dispose of all milled asphalt material.

D. Deep Patching

a. Areas exhibiting base failure, pavement deterioration, or unsuitable subgrade identified during milling shall be deep patched as directed by the City Project Manager.

b. Deep patching shall include removal of unsuitable material, preparation and compaction of the underlying surface, and installation of approved aggregate base and 19MM Superpave asphalt in accordance with applicable GDOT requirements.

c. Patch limits and depths shall be determined in the field based on actual conditions.

E. Repaving

a. Following milling and completion of required deep patching, the roadway shall be repaved with

12MM Superpave at 1.5 inches using approved GDOT-compliant asphalt surface mix.

b. Asphalt shall be placed, compacted, and finished to provide a smooth, uniform riding surface and proper drainage.

c. All joints and transitions shall be properly constructed and sealed as required.

F. Pavement Makings

a. Thermoplastic pavement marking material shall be a GDOT-approved product meeting the requirements of Section 653 and applicable GDOT Qualified Products Lists.

b. The material shall be suitable for use on asphalt pavement and shall provide a durable, highly visible and retroreflective pavement marking.

c. Glass beads or other approved reflective materials shall be incorporated into and/or applied to the thermoplastic material in accordance with GDOT requirements and the manufacturer's recommendations.

G. Quality and Compliance

a. All materials, installation methods, compaction, testing, and workmanship shall comply with the current GDOT Standard Specifications for Construction of Transportation Systems, applicable supplemental specifications, and City requirements.

b. Contractor shall maintain proper grades, drainage, and transitions to existing pavement, driveways, intersections, and roadway structures.

H. All prices will be inclusive of traffic control, labor, material, construction signage, tools, equipment, hauling and disposal of millings, cleaning and preparation of the existing roadway, application of tack coat, hauling of asphalt, placement and compaction of the asphalt, cleaning roadways from leftover asphalt after paving, and mobilization cost. Work may be in various locations throughout the city. All streets are to remain assessable to residents at all times during milling and paving operations. While it is the City’s intent to purchase all of the items provided in these specifications, the unit cost provided on the bid document shall be utilized in the event it becomes necessary to reduce or increase the quantity purchased.

Contract duration is Fourty-five (45) consecutive calendar days from notice to proceed.

A. Bids will be considered from experienced and well-equipped contractors engaged in work of this type and magnitude. Prior to beginning of construction, the successful bidder will furnish to the City a Contract Performance Bond (100%) and Payment Bond (110%) of the total finalized Contract Price and satisfactory proof of required insurance coverage.

B. Bidders are required to examine the project requirements, related exhibits and contract documents carefully and to make such examinations of the site of the proposed work as are necessary to familiarize themselves with the nature and extent of the work to be done and with all local conditions, which may affect the proposed construction. Bidders are also required to inform themselves fully in regard to construction and labor conditions under which the work will be performed. The City will not be responsible for Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations.

C. Bidders should register with the City. Obtaining plans from third parties and failing to receive any necessary addendums does not relieve the bidder of its obligation. Failure to register may result in rejection of bid.

1.02 Submission of Bids

A. Bids shall be dated and enclosed in a sealed envelope and addressed to:

Acworth City Hall Attn: City Clerk Re: IFB 2026-16

4415 Center Street Acworth, GA 30101

B. Bid Submittal Requirements:

1. Each Bid must be submitted with fully executed, Bid to Perform, Representation and Certifications, Audit Clause for Contracts, W-9, Offer, Solicitation, Contractor Affidavit, Award forms, e-Verify form.

One (1) original and one (1) hard copy provide for each full Bid must be submitted.

2. The Bid to Perform Sheet should serve as the cover page to each Bid.

C. Bidders are specifically advised that they themselves must, and any person, for, or other party to whom it is proposed to award a subcontract under this contract must obtain and submit certifications of:

1. Obtain and maintain insurance policies from companies licensed by the State of Georgia to do business in the State of Georgia and acceptable to the Owner covering:

a. Statutory Worker’s Compensation Insurance.

b. Comprehensive general liability insurance in the amount of $1,000,000 per incident and naming the city as an additional insured on the policy. The insurance shall cover the owner, its officers, officials, employees, and volunteers as additional named insured as respects liability arising out of activities performed by or on behalf of the contractor.

c. Protective coverage for any Subcontractor’s operations.

2. Insurance policies providing the specified coverage shall not be changed or cancelled without ten (10) days prior notice from the insurer, to the Owner, as evidenced by return receipts of registered or certified letters. Insurance shall be maintained in full force and effect during the life of the Agreement and until final completion of the project.

3. If specified coverage limits have been reduced by paid claims, the coverage limits shall be increased to afford the specified unencumbered coverage.

4. The Contractor shall be wholly responsible for securing insurance coverage for all subcontractors who are engaged in this work.

5. The Contractor agrees to carry statutory Worker’s Compensation Insurance and to have all subcontractors likewise carry worker’s Compensation Insurance.

1.03 Authority to Sign

A. If a bid is made by an individual, the name and mailing address must be shown. If made by a firm or partnership, the name and mailing address of each member of the firm or partnership must be shown. If made by a corporation, the Corporate Certificate must be executed.

B. The bidder should ensure that the legal and proper name of his/her proprietorship, firm, partnership, or corporation is printed or typed in the space provided on the Bid Form.

1.04 Rights Reserved

A. It is understood that all bids are made subject to this agreement, that the City reserves the right to decide which bid it deems to move forward with, and in arriving at that decision. City also reserves the right to reject bids that are non-conforming to administrative requirements and to amend, re-advertise and re-bid.

The City reserves the right to negotiate with the selected bidder on any aspects of the contract cost, design, scheduling, duration, and etc.

B. Any unauthorized additions, conditions, limitations, or provisions (i.e. a qualified bid) attached to the bid shall render it informal, and may be cause for rejection. The City reserves the right to waive informalities.

C. No bids may be withdrawn after submission of Bids for a period of thirty (30) days after the date set for opening thereof.

D. The City reserves the right to reject any and all bids from any person, firm or corporation who is in arrears in any debt or obligation to the City, State, or Federal Government.

E. Any unauthorized additions, conditions, limitations or provisions (i.e. a qualified bid) attached to the Bid shall render it informal and may be cause for rejection. The “Owner” reserves the right to waive these informalities.

1.05 Method of Award

A. The “Contract”, if awarded, will be awarded to the lowest, qualified “Bidder”, price and relevant project experience being the determinates. The “Owner” is to make the final determination.

B. The Contract shall be executed on the Bid Form(s) in the Contract Documents, and will be subject to all requirements of the Contract Documents, and shall form a binding contract between the contracting parties.

The Contract and Contract Bonds shall be executed in duplicate.

C. Contract Performance Bond (100%) and a Payment Bond, (110%) of the Finalized Contract Price with a surety company satisfactory to the City, must be provided by the successful bidder by a surety company qualified to do business in the State of Georgia. Bonds given shall meet all local, State, and Federal requirements..No cash bonds shall be accepted.

1.06 Failure to Execute Contract

A. Failure to execute Contract, Contract Performance Bond, or furnish satisfactory proof of insurance coverage within ten (10) days after the date of Notice of Award of the Contract, shall be just cause for the annulment of the award, voiding of contract and for the forfeiture of the bid bond, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next another bidder, or the Work may be re-advertised.

1.07 Insurance, Proof of Coverage

A. The Contractor shall be required to furnish the City with Satisfactory proof of the insurance coverage Specified in the General Conditions within thirty (30) days from the date of Notice of Award.

1.08 Time

A. Time is of the essence in this construction of this contract. The successful bidder will be required to commence work on Notice to Proceed (NTP) and must carry on with due diligence in order to complete the Work at the earliest possible date.

B. The contract time for completion of the Work for this Contract is stated in the Contract Documents. If the contractor fails to complete the work within the contract time or fails to achieve any of the contract milestones, the contractor agrees to pay the owner $500.00 per day as liquidated damages to cover losses, expenses and damages of the owner for each and every day which the contractor fails to achieve completion of the milestone work or the entire .

1.09 Location and Site

I. The site of the proposed work is located at The Wexford Downs Subdivision, Identified street in the Dallas Landing neighborhood, and Franklin Rd.

J. The Contractor shall accept the Site(s) in its present condition and carry out all work in accordance with the requirements of Specifications and as indicated in the scope of work.

K. The Contractor, before submitting a bid shall visit the Site and acquaint himself with the actual conditions and the location of any or all obstructions that may exist on the Site. Contact Greg Rust at 678-521-8198 or streetops@acworth-ga.gov to schedule a site visit.

L. The Contract Documents contain the provisions required for the completion of the Work to be performed pursuant to this Contract. Information obtained from an officer, agent, or employee of the City or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the Conditions of the Contract. Each bidder is responsible for inspecting the Site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to so familiarize himself shall in no way relieve any bidder from any obligation in respect to his Bid, if so accepted by the City of Acworth.

1.10 Compliance with OSHA Standards and Regulations

A. The work connected with this Contract shall be performed in accordance with all applicable OSHA regulations and standards including any additions or revisions thereto until the Job is completed and accepted by the City.

1.11 Information and Questions

A. Should any question or need for information arise regarding the IFB information, it should be directed to Greg Rust, grust@acworth-ga.gov.

1.12 Addenda and Interpretation

A. No interpretation of the meaning of the Contract Documents will be made orally to any bidder or interested party once this contract is advertised for bids. Any request for interpretation or clarification of the Contract Documents will be in writing to the City. A response shall be given in writing, separately numbered and dated. A list of responses and addendums will be sent out to the email address for the contractors that are registered with the City. Anyone obtaining bidder information or construction documents online or from a third-party source are responsible for registering with the City, failure to do so and failure to receive addendums to the contract, is not the responsibility of the city and solely the responsibility of the bidder.

All questions must be submitted at least five (5) days prior to the bid opening date and time. Any request not received in time to accomplish such interpretation and for distribution to all parties will not be accepted.

1.13 E-Verify Program

A. All contractors and sub-contractors must complete the provided E-Verify Affidavit. The bidder’s completed affidavit is due at the time of bid submission. Failure to complete and sign these forms may disqualify bidder. Subcontractor(s) documents will need to be provided prior to subcontractor starting work.

Subcontractors are not authorized to begin work until required documents are submitted.

Note: Instruction to bidders and its contained provisions are contract enforceable and constitute part of the awarded contract.

END OF SECTION

SECTION 00200

CONTRACT DOCUMENTS

Documents to be Completed by Bidder

All items and forms must be submitted and filled in completely, signatures are required where designated. One

(1) original, one (1) hard copy, and one (1) electronic copy provide on a USB Flash Drive of each full Bid must be submitted. Please note that instruction to bidders, Section 00100 and its contained provisions are enforceable and constitute part of the awarded construction contract.

FILL OUT COMPLETELY AND SEND IN THIS SECTION WITH YOUR BID

Representations and Certifications Solicitation

Phone # _________________ E-mail _________________________________

1. CERTIFICATE OF PRICE DETERMINATION

a. The offeror certifies that:

1. The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to:

(i). Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered.

2. The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

3. No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

b. Each signature on the offer is considered to be a certifications by the signatory that the signatory:

1. Is the person in the offeror’s organization responsible for determining the prices offered in this bid or bid, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

2. Has been authorized, in writing, to act as agent for the following principals in certifying those principals have not participated, and will not participate in any action contrary to subparagraphs

(a)(1) through (a)(3) of this provision__________________[insert full name of person(s)] in the offeror’s organization responsible for determining the prices offered in this bid or bid, and the title of his or per position in the offeror’s organization): As an authorized agent, does certify that the principals named in subdivision (b)(2) above have not participated, and will not participate, in any action contrary to subparagraph (a)(1) through (a)(3) above; and As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs(a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

Audit Clause for Contracts

Examination of Records

The Contractor’s records which shall include, but not be limited to, accounting records (hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, overhead allocation records, correspondence, instructions, drawings, receipt, vouchers, memoranda, and any other data relating to this contract shall be open to inspection and subject to audit and/or reproduction by the City Auditor, or a duly authorized representative from the City, at the City’s expense. The Contractor shall preserve all such records for a period of three (3) years, unless permission to destroy them is granted by the City, or for such longer period as may be required by law, after final payment. Information regarding the Contractor’s operations obtained during audits will be kept confidential.

The Contractor shall require all subcontractors under this contract to comply with the provisions of this article by including the requirements listed above in written contracts with any and all subcontractors.

Company Name: ___________________________________________________________

Business Address: ___________________________________________________________

Phone: ___________________________________________________________

Contact Person: ___________________________________________________________

Authorized Signature: ___________________________________________________________

Insert W-9

Bid to Perform

Bidders should use this document as their cover sheet for each bid.

Furnish all necessary labor, material and equipment to perform the work indicated, per contract documents and specifications for the

2026 Milling & Repaving Contract for Wexford Downs/Dallas Landing, City of Acworth, Georgia.

Bidder is to fill in all blanks with prices. Failure to submit bids on all items shall be cause for rejection of the entire bid.

Bid Amount:

1 . 1.5-Inch Asphalt Milling and 12.5 MM Superpave Repaving SY :________SY $________

2 . Aggregate Base – Deep Patch TON : ________ $________

3 . 19 MM Superpave – Deep Patch TON :________ $________

4 . Thermoplastic Pavement Striping LF : $________

TOTAL BASE BID $__________________

Signature Title

Print Name Date

Solicitation, Offer, and Award

In sealed bid solicitations “Offer” and “Offeror” mean “bid” and “bidder.” The “offer” section must be fully completed by offerer at the time of bid.

Solicitation

1. Solicitation Number: 2026-07

2. Type of Solicitation: _X_ Sealed Bid (IFB)

3. Date Issued: As shown in Contract Advertisement Pages of Pages: _N/A_

4. Contract No: 2026 Milling & Repaving Contract: 2026-16 - City of Acworth

5. Project Number: 2026-16

6. Issued By:

City of Acworth Public Works Department 4402 Acworth Industrial Dr Acworth, Georgia 30101 Telephone No: (770) 974-5233

7. For information contact:

Greg Rust, Divisional Manager Telephone No: 678-251-8198

Email: grust@acworth-ga.gov

8. The City requires Performance of the Work described in the Documents.

Contract No: 2026-16

Title: 2026 Milling & Repaving Contract for Wexford Downs/Dallas Landing City of Acworth, Cobb County, Georgia.

9. The Contractor shall begin performance from Notice to Proceed and complete project within thirty (30) calendar days after receiving Notice to Proceed.

This performance period is __X__ Mandatory; _____ Negotiable

10. The Contractor must furnish any required Payment and Performance Bonds X Yes ___ No

Offer To be complete by Offeror:

1. Name and Address of Offeror

2. Telephone Number: ______________________________________________

3. Primary Contact Name: _____________________________________

4. Primary Contact Email: _____________________________________

5. Remittance Address (Include only if different than Item 1)

6. The Offeror agrees to perform the work required at the prices specified in the offer in strict accordance with the terms of this solicitation, if the offer is accepted by the City in writing within thirty (30) calendar days after the date offers are due.

Bid Amount: ______________________

8. Name and Title of Person Authorized to sign offer: (Type or Print)

Printed Name:_____________________________________________________________________

9. Signature: _______________________ Date:______________

Award (To be completed by City)

1. Items Accepted: Bid Amount $___________________

2. Negotiated bid amount: $_______________________

3. Date of Award: ___________________________________________

4. Submit Invoices to Address shown in Item #6

5. Contract Administered by:

Acworth Public Works Department 4402 Acworth Industrial Dr Acworth, GA 30101

6. All payment applications must be submitted to:

Acworth Public Works Department Attn: Greg Rust 4402 Acworth Industrial Dr Acworth, GA 30101 or streetops@acworth.org

7. Payment will be made by:

Finance Department City of Acworth 4415 Center Street Acworth, GA 30101

Thomas W. Allegood, Mayor Date

Regina Russell, City Clerk Date

ENTER E-VERIFY AFFIDAVIT

SECTION 00300 (Not to be submitted with bid)

SAMPLE BOND FORMS

Sample Performance Bond

Date of Contract: _____________________________________________________________

Date of Execution: ____________________________________________________________

Name of Principal: ____________________________________________________________ (Contractor)

Name of Surety: ______________________________________________________________

Name of Contracting Body: ______________________________________________________

Amount of Bond: ______________________________________________________________

Project: ______________________________________________________________________

KNOWN ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contracting body, identified as shown above and hereto attached.

NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Executed in ___________________________________________________________________

Witness: _________________________________________ Contractor: (Trade or Corporate Name)

______________________________ By: ______________________________________ (Proprietorship or Partnership)

Attest: (Corporation) Title: ____________________________________ (Owner, Partner, or Corp. President)

By: ___________________________

Title: __________________________ (Corp. Sec. or Asst. Sec. only)

(Corporate Seal)

(Surety Company)

Witness: By: ______________________________________

________________________________ Title: ____________________________________ (Attorney in Fact)

Countersigned:

________________________________ (Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Sample of Payment Bond

Date of Contract: ______________________________________________________________

Date of Execution: _____________________________________________________________

Name of Principal: _____________________________________________________________ (Contractor)

Name of Surety: _______________________________________________________________

Name of Contracting Body: ______________________________________________________

Amount of Bond: ______________________________________________________________

Project: ______________________________________________________________________

KNOWN ALL MEN BY THESE PRESENTS, that we, the principal and “surety” above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain “Contract” with the contracting body identified as shown above and hereto attached:

NOW, THEREFORE, if the principal “Shall” promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in said “Contract”, and any and all duly authorized modifications of said “Contract” that may hereafter be made, notice of which modifications to the “Surety” being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Executed in ____________________________________

Witness: _________________________________________ Contractor: (Trade or Corporate Name)

______________________________ By: ______________________________________ (Proprietorship or Partnership)

Attest: (Corporation) Title: ____________________________________ (Owner, Partner, or Corp. President)

By: ___________________________

Title: __________________________ (Corp. Sec. or Asst. Sec. only)

(Corporate Seal)

(Surety Company)

Witness: By: ______________________________________

________________________________ Title: ____________________________________ (Attorney in Fact)

Countersigned:

________________________________ (Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

SECTION 00400

GENERAL CONDITIONS

INDEX

PART TITLE

1.01 DEFINITIONS OF TERMS

1.02 APPLICABLE REQUIREMENTS

1.03 CONTRACT SECURITY

1.04 NOTICE AND SERVICE THEREOF

1.05 SPECIFICATIONS

1.06 SPECIFICATIONS AND DRAWINGS TO BE SUPPLEMENTARY

1.07 PRESENT DOCUMENTS GOVERN

1.08 DRAWINGS

1.09 CONTRACTOR’S SHOP DRAWINGS

1.10 PUBLISHED SPECIFICATIONS

1.11 INSTRUCTIONS, CHANGES, ETC.

1.12 EXAMINATION OF WORK BY CONTRACTOR

1.13 MATERIALS, SERVICES AND FACILITIES

1.14 “OR EQUAL” CLAUSE

1.15 INSPECTION AND TESTING OF MATERIAL

1.16 INSPECTION OF WORK

1.17 AUTHORITY OF THE OWNER

1.18 AUTHORITY AND DUTIES OF INSPECTORS

PART TITLE

1.19 NO PERSONAL LIABILITY

1.20 PROHIBITED INTERESTS

1.21 REJECTION OF WORK AND MATERIALS

1.22 DISAGREEMENTS

1.23 WEATHER CONDITIONS

1.24 ROYALTIES AND PATENTS

1.25 CONTRACTOR’S PERSONNEL

1.26 LINES, GRADES, AND MEASUREMENTS

1.27 PERMITS AND LICENSES

1.28 LAWS AND REGULATIONS

1.29 CONTRACTOR’S OBLIGATIONS

1.30 SUBCONTRACTING

1.31 ASSIGNMENTS

1.32 OTHER CONTRACTS

1.33 MUTUAL RESPONSIBILITY OF CONTRACTORS

1.34 CONTRACTOR’S HOLD HARMLESS AGREEMENT-INSURANCE

1.35 SOCIAL SECURITY TAX

1.36 SALES TAX

1.37 LAND AND RIGHT-OF-WAY

1.38 ESTIMATE OF QUANTITIES

1.39 USE OF PREMISES

PART TITLE

1.40 PROTECTION OF WORK, PROPERTY, AND PERSONS

1.41 CONTRACTOR’S RESPONSIBILITY FOR WORK

1.42 PRIOR USE BY OWNER

1.43 CLEANING UP

1.44 BARRICADES AND WARNING SIGNS

1.45 TRAFFIC UNDER CONSTRUCTION

1.46 MAINTENANCE OF SERVICE

1.47 CHANGES IN THE WORK

1.48 TIME FOR COMPLETION AND LIQUIDATED DAMAGES

1.49 PAYMENTS BY CONTRACTOR

1.50 PAYMENTS TO CONTRACTOR

1.51 OWNER’S RIGHT TO WITHHOLD PAYMENTS

1.52 OWNER’S RIGHT TO SUSPEND OR TERMINATE WORK

1.53 CONTRACTOR’S RIGHT TO TERMINATE CONTRACT

1.54 MEASUREMENT OF WORK

1.55 ACCEPTANCE OF WORK AND FINAL PAYMENT

1.56 DEDUCTION FOR UNCORRECTED WORK

1.57 GUARANTEE AND CORRECTION OF WORK

1.58 SCHEDULING AND SCHEDULES

1.0. General

1.01 Definition of Terms

A. Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

1. “City” or “Owner” refers to the City of Acworth for whom the work is to be performed.

2. “Resident Inspector” or “Inspector” refers to the representatives of the City of Acworth authorized to observe the construction of the Project.

3. “Contractor” or “General Contractor” shall mean the individual, firm or corporation undertaking the execution of the Work under the terms of the Contract and acting through its agents and employees.

4. “Subcontractor” shall mean any individual, partnership, firm, corporation, or other entity that either maintains an employee or employees on the Project Site for the purpose of prosecuting the Work of the Contract of provides materials worked to a special design according to the Drawings and Specifications of these Contract Documents. Subcontractor shall not mean the General Contractor or any entity that merely furnishes materials not worked to special design.

5. “Bidder” refers to any person, firm or corporation submitting a Bid for the Work.

6. “Bonds” refers to performance, payment and other instruments of security furnished by the Contractor and his surety in accordance with the Contract Documents.

7. “Bid” refers to the offer, bid, or bid of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

8. “Contract” shall mean the written agreement between the Owner and the Contractor covering the Work to be performed as set forth in the Contract Documents.

9. “Contracts Documents” shall include of Addenda, Bonds, Certificates of Insurance, Change Orders, Contract, Drawings, Conditions of the Contract, and Technical Specifications. The intent of these documents is to include all materials, appliances, tools, labor, and services of every kind necessary for the proper execution of the Work, and the terms and conditions of payment therefore. The Contract Documents shall be considered as one, and whatever is called for by one of them shall be as binding as if called for by all.

10. “Contract Time” shall refer to the number of days stated in the Contract Documents for the Substantial Completion of the Work.

11. “Contract Price” shall refer to the total amount payable to the Contractor under the Contract Documents for the performance of the Work.

12. “Change Order” refers to a written order to the Contractor signed by the Owner issued after execution of the Contract authorizing changes in the Work, or an adjustment to the Contract Price or Contract Time.

13. “Field Order” refers to a written order issued by the Owner that clarifies or interprets the Contract Documents.

14. “Notice of Award” refers to the written notice issued by the Owner to the selected bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, the Owner will execute and deliver the Contract to him.

15. “Notice to Proceed” refers to the written notice issued by the Owner to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work.

16. “Specifications” refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The Specifications generally consist of the General Requirements and Technical Specifications, as listed in the “Table of Contents”.

17. “Substantial Completion” refers to the stage in construction when a project can be utilized for the purposes for which it was intended. At Substantial Completion, minor items and items that are seasonally restricted need not be completed, but the items that affect operational integrity and function of the facility must be capable of continuous use.

18. “Supplier” refers to any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the Site.

19. “Special Conditions” when included as a part of the Contract Documents, Special Conditions refer only to the Work under this contract.

20. “Surety” refers to the corporate body which is bound with the Contractor and which engages to be responsible for the Contractor and his acceptable performance of the Work.

21. “Drawings” or “Plans” refers to those drawings which show the character and scope of the Work and include all drawings enumerated in the List of Drawings and supplemental drawings, if any, identified elsewhere in the Contract Documents.

22. “Work” of the Contractor or subcontractor shall include all labor, material, equipment, transportation, skill, tools, machinery and other equipment and things useful or necessary in order to complete the Contract.

23. “Shall” and “Will” are mandatory; “may” is permissive.

1.02 Applicable Requirements

A. The Work shall comply with the Contract Documents and with all applicable codes, laws and regulations of the Local, State or Federal agencies that may have jurisdiction of any part of the Work. If the Contractor observes that any of the Contract Documents is at variance with applicable law and regulations in any respect, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted by appropriate modification. If the Contractor performs any work knowing it to be contrary to such codes, laws or regulations, and without such notice to the Owner, he shall assume full responsibility and shall bear all costs attributable.

B. In addition to safety and health requirements specified elsewhere in the Contract Documents, the Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54).

1.03 Contract Security

A. The Contractor shall furnish a Contract Performance Bond (100%) and a Payment Bond (110%) of the Finalized Contract Price. Bonds given shall meet the requirements of Sections 13-10-1, 36-10-4 and 36-82- 101 to 103 of the Official Code of Georgia. The surety on each bond shall be a surety company satisfactory to the Owner, duly authorized to do business in the State of Georgia, shall be listed in the Department of the Treasury Circular 5707, and shall have an underwriting limitation in excess of 100% of the bid amount.

1.04 Notice and Service Thereof

A. Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted by registered mail, to the said Contractor at his last given address or delivered in person to said Contractor or his authorized representative on the Project Site.

1.05 Specifications

A. The Drawings and specifications outlined within them, and the other Contract Documents, shall be supplementary to each other, and any material, workmanship, and/or service which may be in one, but not called for in the others, shall be as binding as if indicated, called for or implied by all.

B. The General Contractor will be held responsible to furnish all labor and materials necessary to complete the Work as indicated by the Contract Documents.

C. The General Contractor shall see to it that his work overlaps the work of all subcontractors on the Job, and agrees to assume all responsibility for liability, workmanship and quality of material concerning any work done by said subcontractors.

D. Each section or type of work is described separately in the Technical Specifications; however, should any item of material, equipment, work or combinations of such be required in one section, and not be described in that section and a similar item described in another section, that description shall apply regardless of the section under which it is described.

E. When drawings, specifications or references are in conflict, the most stringent of these documents shall govern. Determination of governance will be determined by the owner and such decision shall be final.

F. Upon award of the Contract, the Contractor will be supplied, free of charge, up to two (2) complete sets of the Contract Documents. Any prints and specifications in excess of these shall be furnished at cost to the Contractor.

1.06 Specifications and Drawings To Be Supplementary

A. These Specifications and Drawings accompanying them are intended to describe and provide for a finished piece of Work. They are intended to be supplementary, and what is called for by either shall be as binding as if called for by both.

B. The Contractor will understand that the Work herein described shall be complete in every detail, notwithstanding every item necessarily involved is not particularly mentioned and the Contractor shall be held responsible to provide all labor, material, equipment and incidentals necessary for the completion of the indicated Work.

C. The Contractor shall, before the award of the Contract, report in writing to the Owner any discrepancy which he may discover in Contract Documents. If the Contractor fails to call such discrepancy to the attention of the Owner, the subsequent decision of the Owner as to which is correct shall be binding and final.

D. Should any error or inconsistency appear in the Drawings or the Specifications, the Contractor, before proceeding with the Work, Shall make mention of the same to the Owner for proper adjustment, and in no case shall he proceed with the Work uncertainty

1.07 Present Documents Govern

A. The Contractor shall in no case claim a waiver of any Specification requirements on the basis of previous approval of material or workmanship on other jobs of like nature or on the basis of what might be considered “standard” for material or workmanship in any particular location. The Contract Documents for this job shall govern the Work.

1.08 Drawings

A. The Drawings generally show work fully drawn out on only a portion of the Drawings, the remainder in outline. The drawn out work shall be understood as applying to other like or similar places.

B. All necessary dimensions are given on the Drawings and shall in all cases, except where a discrepancy occurs, be followed exactly.

C. The figures and notes on the Drawings, showing the indicated dimensions shall take precedence over scaling.

1.09 Contractor’s Shop Drawings

A. The preparation and submission of shop drawings shall be in accordance with the Contract Documents, Technical Specifications, Product Data, and Samples based on the Specifications.

1.10 Published Specifications

A. When other published and generally available specifications are referred to and identified on the Drawings and in these Specifications they shall become a part of these Contract Documents.

1.11 Instructions, Changes, etc

A. All changes, alterations or instructions in regard to any feature of the Work that differ from the Contract Documents must be approved in writing in all cases, and no verbal orders will be regarded as a basis for claims for extra compensation.

B. If the Contractor claims that any instruction by drawings or otherwise involves extra cost or an extension of time, he shall notify the Owner in writing within ten (10) days after the receipt of such instructions. If the Contractor proceeds with work prior to notifying the owner, all additional costs incurred, including time will be at the contractor’s expense. Thereafter, the procedure shall be the same as that described in Changes In The Work. No such claim shall be valid unless made in accordance with the terms of this section.

C. No claims for extra cost will be considered based on the escalation of material prices throughout the period of the Contract.

D. No extra work is to be performed or any changes made that involve any extra cost until the Owner has authorized the Contractor to proceed, in writing, except in an emergency endangering life or property. The procedures for additional payment shall be as set forth under Changes In The Work.

1.12 Examination of Work by Contractor

A. It is understood and agreed that the Contractor, has by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character quality and quantity of the facilities needed preliminary to and during the prosecution of the Work, the general local conditions, and all other matters which can in any way affect the Work or the cost thereof under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained.

1.13 Materials, Services and Facilities

A. The Contractor shall at all time employ sufficient labor and equipment for prosecuting the several classes of work to full completion in the manner and time specified. Failure of the Contractor to provide adequate equipment may result in the cancellation of the Contract as herein provided. The equipment to be used on the Work by the Contractor shall be sufficient size and quantity to meet the requirements of the Work and shall be such as to produce a satisfactory quality of work.

B. Materials and equipment shall be so stored and handled as to ensure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. No product that has in any way become unfit for the intended purpose shall be incorporated into the Work.

C. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, cleaned and conditioned as directed by the manufacturer.

D. Materials, supplies and equipment to be incorporated into the Work shall be new and unused unless otherwise specifically stated in the Contract Documents. The source of supply for all such products shall be submitted to the Owner, together with detailed descriptions thereof in the form of samples, shop drawings, tests or other means necessary to adequately describe the items proposed. If, after trial it is found that sources of supply, even though previously approved by the Owner, have not furnished products meeting the intent of the Contract Documents, the Contractor shall thereafter furnish products from other approved sources, and shall remove completed work incorporating products which do not meet Contract requirements.

E. Any work necessary to be performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the Owner.

F. Working hours will be between dawn and dusk, Monday through Friday; work outside these hours will be allowed only with written approval of the Owner.

G. The Contractor shall maintain an office with a telephone or other satisfactory means of contact.

1.14 “Or Equal” Clause

A. Whenever a material or article required is specified or indicated on the Drawings by using the name of a proprietary product or of a particular manufacturer or vendor, it is intended to denote the quality standard of the article desired, but does no restrict Contractor to the specified brand, make or manufacturer so named.

Any material or article, which will perform specifically the duties imposed by the general design, may be considered equal and satisfactory providing the material or article so proposed is, in fact, of equal substance and function. Substitution of any item called for in the drawings or specifications must be specifically approved in writing by the Owner before installation. This shall not be construed to include allowing substitutions where certain items, if any, are specified as sole source. The opinion of the Owner shall be final and no substitute material or article shall be purchased or installed without his prior written approval.

1.15 Inspection and Testing of Materials

A. Unless otherwise specifically provided for, the inspection and testing of materials and finished articles to be incorporated in the Work at the Site shall be made by bureaus, laboratories, or agencies approved by the Owner. The Contractor shall furnish evidence satisfactory to the Owner that the material and finished articles have passed the required test prior to the incorporation of such materials and finished articles in the Work.

1.16 Inspection of Work

A. The Contractor shall, at all times, permit and facilitate inspection of the Work by authorized representatives of the Owner and Public Authorities having jurisdiction in connection with the Work of this Contract. The Owner shall interpret and enforce the terms of the Contract Documents, inspect the quality of the Work and make recommendations concerning payment for the acceptance of completed Work.

B. The presence of the Owner or his representative at the Site of the Work shall not be construed to, in any manner, relieve the Contractor of his responsibility for strict compliance with the provisions of the Contract Documents.

1.17 Authority of the Owner

A. The Contractor shall perform all of the Work herein specified to the satisfaction, approval and acceptance of the Owner. The Owner shall decide all questions relating to the character of the Work performed and as to whether the rate of progress is such that the Work will be completed within the time limit of the Contract Questions as to the meaning of these Contract Documents and questions relating to design will be referred to the Owner.

B. The approval of the Owner of any materials, plants, equipment, drawings, or of any other items executed, or proposed by the Contractor, shall be construed only to constitute an approval of general design. Such approval shall not relieve the Contractor from the performance of the Work in accordance with the Contract Documents, or from any duty, obligations, performance guarantee, or other liability imposed upon him by the provisions of the Contract.

C. The responsibility of the Owner during construction shall be to make periodic visits to the Site to observe the progress and quality of the Work; he will not make continuous on-site inspections. He will not be responsible for the Contractor’s failure to perform the Work in accordance with the Contract Documents.

Any defects or deficiencies in the Work of the Contract observed during such visits will immediately be brought to the attention of the Contractor. The Owner shall have the authority to stop the Work, if necessary to assure proper execution, and to disapprove work as not conforming to design.

1.18 Authority and Duties of Inspectors

A.