ITB 26_324 CITY OF ROSWELL ROAD SURFACING.docx

INVITATION TO BID

ITB# 26-324-L

FOR

2026 City of Roswell Road Resurfacing

All City of Roswell solicitations are posted to the City’s website[footnoteRef:2]. A schedule of events and all other information pertaining to the solicitation are posted to the website. [2: https://www.roswellgov.com/bids/bonfire]

PROPOSALS DUE: March 10, 2026 4:00 PM EST.

Submit your proposal through our bidding software Bonfire. roswellgov.bonfirehub.com

Pre-Bid Meeting Virtual via Microsoft Teams™ Wednesday February 18, 2026 2:00 PM - 3:00 PM Click here to Register

Questions should be directed in writing to City of Roswell Purchasing Website Portal, or via e-mail to: purchasing@roswellgov.com by no later than February 20, 2026 by 4:00 PM EST

A. PROJECT OVERVIEW

The City of Roswell Council, the governing authority of the City of Roswell, Georgia (“the City”), seeking GDOT Prequalified Contractors for Work Class: 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION and Work Class: 432 - MILL ASPHALT PAVEMENT. The project consists of resurfacing a total of 46 roads (approximately 14.2 centerline miles) and three (3) Parks facilities within the City of Roswell.

One hundred and twenty (120) calendar days have been set aside for repaving the roads with a separate deadline of September 30, 2026, for completing all paving in all Parks facilities contained within this scope. “Days”, means calendar days to complete after issuance of the Notice To Proceed (NTP). Liquidated damages for the “Failure to complete all ROAD WORK within 120 days of Notice To Proceed, and the “Failure to complete all work in PARKS by September 30, 2026” will apply in accordance with GDOT’s Standard Specifications Construction of Transportation Systems 2021, Section 108.07, B. Calendar Day Contract and Section 108.08, daily charges of $638.00 per calendar day.

A Bid Bond equal to 5% of the base bid will be required. 100% Payment and Performance bonds will also be required of the successful contractor.

B. SOLICITATION DOCUMENTS

This Solicitation document consists of the following sections, which are incorporated herein by reference and made a part of this Solicitation:

· Special Provisions / Conditions (Section E)

· Required Forms (Including Standard Forms posted to the website)

· Standard Contract (pages 11 – 15)

· Plans and Specifications (SOW – 2026 Resurfacing Scope)

· Standard ITB Instructions (this document)

The documents included within this solicitation are:

1. 2026_Resurfacing_Scope-26-324-L.docx

2. 2026_Schedule_of_Values_FINAL.xlsx

3. CORPORATE_CERTIFICATE-COR F-3.pdf

4. Drug_free_workplace.pdf

5. EVERIFY_CONTRACTOR AFFIDAVIT COR F-2.pdf

6. Experience_Form_01292026_COR_F-5.xlsx

7. GDOT_2021StandardSpecifications.pdf

8. ITB_26-324_CITY_OF_ROSWELL_ROAD_SURFACING.docx

9. LIST_OF SUBCONTRACTORS-COR F-4.pdf

10. MAJOR_$2-5M CONSTRUCTION INSURANCE GUIDELINES FINAL 03222021-2.pdf

11. NON-COLLUSION_AFFIDAVIT.pdf

12. PERFORMANCE_&_PAYMENT_BOND.docx

13. RDOT_GENERAL CONDITIONS.pdf

14. STANDARD_ITB INSTRUCTIONS 06032022 Released.pdf

15. Tax_Compliance_Form.doc

16. WITHDRAWAL_REQUEST.pdf

A. SCHEDULE OF EVENTS

The schedule of events set out herein represents the City’s best estimate of the schedule that will be followed. However, delays to the procurement process may occur which may necessitate adjustments to the proposed schedule. If a component of this schedule, such as the close date, is delayed, the rest of the schedule may be shifted as appropriate. Any changes to the dates up to the closing date of this ITB will be publicly posted prior to the closing date.

Bidders/Offerors’ Conference:

Via MS TEAMS™ Attendance is: Optional

B. SPECIAL PROVISIONS, REQUIRED FORMS, AND STANDARD CONTRACT

This section contains the forms necessary to ensure compliance with various laws as described within this Invitation to Bid (ITB).

Additional Standard Forms may be presented with the Solicitation posting and be provided for download and required for upload in order for bids to be considered.

1. SPECIAL PROVISIONS

a) A GDOT Prequalified Contractors for Work Class: 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION Work Class: 432 - MILL ASPHALT PAVEMENT is required for this project. Submit evidence of such with the bid.

b) City of Roswell Inspector’s Office: Email: jvitale@roswellgov.com Office: 770-594-6523

c) The project time of completion is One hundred and twenty (120) calendar days, which will begin approximately 10 calendar days from the “Notice to Proceed.” have been set aside for repaving the roads with a separate deadline of September 30, 2026 for completing all paving in all Parks facilities contained within this scope.

d) Liquidated damages will apply in accordance to GDOT’s Standard Specifications Construction of Transportation Systems 2021, Section 108.07, B. Calendar Day Contract and Section 108.08, daily charges of $638.00.

e) A Bid Bond equal to 5% of the base bid will be required. 100% Payment and Performance bonds will be required of the successful contractor.

f) RDOT General Conditions and the referenced and/or underlying documents contained therein are incorporated and included by reference into these bid documents.

g) The City of Roswell requires the supplier to have prior experience providing services for city, state and/or public entities of similar, comparable, or larger scope and size, considering factors such as contract value, number and type of entities served under the contract, geographic nature of area served under the contract, services provided under the contract, and/or size of customer base served. A minimum of five (5) MUST be provided, listed from most (1) to least (5) relevant to this project, each with a minimum contract value of $3,000,000

h) Special Terms

a. “Acceptance Date” means the date that the City of Roswell Binding Authority signs the Price Bid Form. The process of a duly authorized City of Roswell Officer signing the Price Bid Form effectively executes the contract and serves as the acceptance of the offer and start date of the contract.

2. REQUIRED FORMS IN BID SUBMISSION:

Included within this document

a) PRICE BID FORM (Section E., pages 6-7)

b) BID BOND (pages 8-10)

c) BID LETTER AND CERTIFICATION (page 11) Separate document/form

d) Pricing Bid Schedule - 2026_Schedule_of_Values_FINAL.xlsx

e) Proof of GDOT Work Class Prequalified Status per Special Provisions

f) EVERIFY_CONTRACTOR_AFFIDAVIT_COR_F-2.pdf

g) Corporate Certification (CORPORATE_CERTIFICATE-COR F-3.pdf)

h) LIST OF SUBCONTRACTORS-COR F-4.pdf

i) Experience Form _01292026_COR_F-5.xlsx A minimum of five (5) MUST be provided, listed from most (1) to least (5) relevant to this project, each with a minimum contract value of $3,000,000.

j) Payment and Performance Bond.docx

k) Drug Free Workplace.pdf

l) Non-Collusion Affadavit.pdf

m) Withdrawal Request.pdf (if applicable)

n) Tax Compliance.docx Questions within Bonfire system

o) Company Name and Address as it would appear on a Contract

p) Name and Email Address of Person authorized to execute Contracts on behalf of your organization. The City utilizes DocuSign™ to execute agreements.

q) When was your company established? Companies must have been in existence for three (3) years prior to date bid due date in order to be considered for contract award.

r) Within the past five (5) years, has any of the proposer's contracts been terminated for default, or terminated for convenience prior to the expiration of the current term, or had a payment or performance bond successfully called?

s) Does the proposing company/firm have exceptions to the City's terms and conditions? State any exceptions to Terms and Conditions of the Solicitation or contract.

C. PRICE BID FORM

(Offer and Acceptance)

TO: CITY OF ROSWELL

In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Offeror, proposes to enter into a Contract with the City of Roswell, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for:

26-324-L - 2026 City of Roswell Road Resurfacing

The Offeror has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Roswell in full conformance with the Contract Documents.

It is the intent of this Bid to include all items of construction and all Work indicated called for in the Specifications, or otherwise a part of the Contract Documents.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the Bid Tables uploaded by the Offeror for the unit prices stated.

The Offeror agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

The Offeror further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within the time periods allotted in the Project.

Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Base Bid)).

If this bid shall be accepted by the City of Roswell and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten (10) days from the date of Notice of Award of the Contract, then the City of Roswell may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Roswell as liquidated damages.

Offeror agrees that from the date this Invitation to Bid is issued until an award is made, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this procurement. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Offeror has carefully examined the Bidding Documents entitled: 2026 City of Roswell Road Resurfacing; Bid Number: 26-324-L; Acknowledges receipt of the addenda as uploaded by Bidder, and has examined the premises and conditions affecting the Work, the undersigned proposes to furnish all services, labor and materials called for by them for the Bid Unit Price Schedule as uploaded to the City’s eProcurement website.

Offeror further declares that the signature and full name and resident address of Offeror’s Principal is as follows:

(Signature of Party Authorized to Bind Offeror)

(Typed or Printed Name)

Signed, sealed, and dated this _______________ day of _____________________________

Offeror _________________________________________ (Seal) Company Name

Offeror Mailing Address:

By:

Title:

Phone:

ACCEPTANCE

SIGNATURE AND DATE

_____________________________________________________NAME AND TITLE OF CITY OFFICER

(CITY OF ROSWELL)

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT

(Address of Contractor) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) a corporation of the State of _________________, and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

City of Roswell Georgia (Name of Obligee)

38 Hill Street Suite G-20, Roswell Georgia 30075 (Address of Obligee) herein after referred to as Obligee, in the penal sum equivalent to five percent (5%) of the base contract price, 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.

WHEREAS, the Principal is about to submit, or has submitted, to the City of Roswell, Georgia, a proposal for furnishing materials, labor and equipment for:

Project Title:

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the bid be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Bid and upon the terms, conditions, and prices set forth in the form and manner required by the City of Roswell, Georgia, and execute a sufficient and satisfactory

Performance Bond and Payment Bond payable to the City of Roswell, Georgia, each in an amount of 100% of the total Contract Price, in form and with security satisfactory to said the City of Roswell, Georgia, and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of Roswell, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant, to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. SS 13-10-1, et. seg. and SS 36-86-101, et. seg., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed, and dated this __________ day of ___________________A.D., 20____

ATTEST:

(SEAL)

BY:

(Witness to Principal)

(Address)

(Surety)

ATTEST By:

(Attorney-in-Fact) and Resident Agent

(Attorney-in-Fact)

(Seal)

(Address) (Witness as to Surety)

(Address)

(City/State)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.

IMPORTANT: Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

BID LETTER AND CERTIFICATION

(FAILURE TO INCLUDE THIS SIGNED BID LETTER AND BID CERTIFICATION MAY RESULT IN THE REJECTION OF YOUR BID.)

We propose to furnish and deliver any and all of the deliverables and services named in the attached ITB# 26-324-L 2026 City of Roswell Road Resurfacing for the City of Roswell for which prices have been set. The price or prices offered herein shall apply for the duration of the Project. This contract is a Unit Price (Construction) Construction contract.

It is understood and agreed that this proposal constitutes an offer, which when accepted in writing by the City of Roswell, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Roswell (“City”).

It is understood and agreed that we have read the City’s scope of work and specifications shown or referenced in the ITB and that this proposal is made in accordance with the provisions of such scope of work and specifications. By our written signature on this proposal, we guarantee and certify that all items included in this proposal meet or exceed any and all such City scope of work and specifications described in this ITB. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City.

It is understood and agreed that this proposal shall be valid and held open for a period of one hundred eighty (180) calendar days from proposal opening date.

PROPOSAL SIGNATURE AND CERTIFICATION

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal (“Offeror”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. have not been violated and will not be violated in any respect.

Authorized Signature for Offeror Date Print/Type Signatory Name Print/Type Offeror Name Here

STANDARD CONTRACT TERMS

(Do not submit with bid – this document contains the standard contract terms)

The Contract for the 2026 City of Roswell Road Resurfacing Project (the “Project”) is made by and between the awarded Offeror and the City of Roswell (“City”) as of the City of Roswell Acceptance Date provided on the Price Bid Form. The awarded Offeror as indicated on the Price Bid Form will henceforth be called (“CONTRACTOR”). Contractor and City may be referred to individually as a “Party” or collectively as the “Parties”.

CONTRACT:

NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. The CONTRACTOR shall furnish all material, labor, equipment, and tools necessary for the Project located in Roswell, GA, as well as all work incidental and pertinent thereto all in accordance with the Contract (hereinafter designated the “CONTRACT”); ITB# 26-324-L 2026 City of Roswell Road Resurfacing (hereinafter designated the “Proposal”), a copy of which is attached hereto as Exhibit A and incorporated herein; and the CONTRACTOR’S Response to ITB# 26-324-L 2026 City of Roswell Road Resurfacing (Exhibit C) (hereinafter designated the “Response”). In the event of any conflict, ambiguity, or inconsistency between the terms contained in this CONTRACT and the Exhibits, the terms set forth in this CONTRACT shall govern and control.

2. The term of the CONTRACT shall begin on the City of Roswell Acceptance Date provided on the Price Bid Form, and shall be for the duration of the project, unless sooner terminated as permitted herein, or unless extended by agreement of the parties set forth in writing. The CONTRACTOR is required to submit to the City a Certificate of Insurance and additional insured endorsement prior to commencing work. In addition, the work shall be scheduled as agreed upon by the parties.

3. Pricing The City shall pay the CONTRACTOR for the CONTRACTOR’S performance in accordance with the amounts established in CONTRACTOR’S Completed Price Bid Form or the amount finally awarded by City ($ ______ ). The City shall pay the Contractor in accordance with the prices stipulated in the Bid Schedule based upon verified quantities. No price adjustments shall be made during the term or any extension of this Contract except upon mutual consent of the parties. The contractor shall invoice the City on a monthly basis for actual quantities completed.

4. Termination

(a) Termination by City: City may at its sole option terminate this CONTRACT by giving the CONTRACTOR thirty (30) days written notice. Should the CONTRACTOR fail to fulfill in a timely and proper manner its obligations under this CONTRACT or if it should violate any of the terms of this CONTRACT, the City shall have the right to immediately terminate the CONTRACT. Such termination shall not relieve CONTRACTOR of any liability to the City for damages sustained by virtue of any breach by CONTRACTOR. A reasonable period of time to cure a CONTRACTOR breach of CONTRACT can be negotiated with the CONTRACTOR selected.

(b) Termination by CONTRACTOR. If at any time or from time to time during the Term, any of the following events shall occur and not be remedied within the applicable period of time herein specified, namely:

(i) City shall materially fail to keep, observe or perform any covenant, agreement, term or provision of this CONTRACT to be kept, observed or performed by City, and such default shall continue for a period of sixty (60) days after written notice thereof by CONTRACTOR to City, which shall specify such failure with particularity.

(c) Continuing Obligations. If this CONTRACT is terminated pursuant to this Section 4, the Parties shall account for and pay to the other all sums due and owing pursuant to the terms of this CONTRACT within thirty (30) days after the effective date of termination.

(d) Force Majeure. Neither Party shall be liable for any loss, damage, delay or nonperformance of any Services as a result of causes not reasonably within the control of such Party including, but not limited to, acts of God, terrorism, war, riot, insurrection, civil violence or disobedience, blockages, embargoes, sabotage, epidemics, fire, strikes, lock-outs or other industrial or labor disturbances, lighting, hurricanes, cyclonic storms, and explosions; provided, however, that the affected Party notifies the other Party promptly of the occurrence of the cause and thereafter exerts commercially reasonable efforts to overcome the cause of the prevention or hindrance if such cause is within the Party’s reasonable control, and to resume performance.

5. Representations and Warranties

(a) Representations by CONTRACTOR. CONTRACTOR hereby represents and warrants to City that:

(i) CONTRACTOR is a for profit company duly organized, validly existing and in good standing under the laws of the State of Georgia, is duly qualified to conduct business in the State of Georgia and has the requisite power and authority to enter into this CONTRACT and perform its obligations hereunder.

(ii) CONTRACTOR has all requisite power and authority to enter into and perform this CONTRACT and to perform each of its obligations under this CONTRACT. This CONTRACT and the transactions contemplated by this CONTRACT have been duly and validly authorized by all necessary action on the part of CONTRACTOR.

(iii) This CONTRACT has been duly executed and delivered by CONTRACTOR and constitutes the legal, valid and binding obligation of CONTRACTOR, enforceable against CONTRACTOR in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency and other applicable laws affecting creditors’ rights generally.

(iv) The execution and delivery of this CONTRACT by CONTRACTOR does not, and the consummation of the transactions contemplated herein will not (i) result in the breach of any of the terms and conditions of, or constitute a default with respect to or result in the acceleration of any indebtedness or create liability under any material contract, agreement, commitment, indenture, mortgage, note, bond, lease, license or other instrument or obligation to which CONTRACTOR is now a party or by which CONTRACTOR may be bound or affected; or (ii) violate any law or any rule or regulation of any administrative agency or governmental body, or any order, writ, injunction or decree of any court, administrative agency or governmental body. The execution and delivery of this CONTRACT, do not, and will not constitute a material default under any organization or governing agreement relating to CONTRACTOR.

(b) Representations by City. City hereby represents and warrants to CONTRACTOR as follows:

(i) City is duly organized, validly existing and in good standing under the laws of the State of Georgia, is duly qualified to conduct business in the State of Georgia and has the requisite power and authority to enter into this CONTRACT and perform its obligations hereunder.

(ii) City has all requisite power and authority to enter into and perform this CONTRACT and to perform each of its obligations under this CONTRACT. This CONTRACT and the transactions contemplated by this CONTRACT have been duly and validly authorized by all necessary action on the part of City.

(iii) This CONTRACT has been duly executed and delivered by City and constitutes the legal, valid and binding obligation of City, enforceable against City in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency and other applicable laws affecting creditors’ rights generally.

(iv) The execution and delivery of this CONTRACT by City does not, and the consummation of the transactions contemplated herein will not (i) result in the breach of any of the terms and conditions of, or constitute a default with respect to or result in the acceleration of any indebtedness or create liability under any material contract, agreement, commitment, indenture, mortgage, note, bond, lease, license or other instrument or obligation to which City is now a party or by which City may be bound or affected; or (ii) violate any law or any rule or regulation of any administrative agency or governmental body, or any order, writ, injunction or decree of any court, administrative agency or governmental body. The execution and delivery of this CONTRACT do not, and will not constitute a material default under any organization or governing agreement relating to City

(c) Disclaimer of Warranties. Other than as specifically set forth herein, neither of the Parties makes any representations, warranties or guarantees, express or implied, directly or indirectly, including, but not limited to, any warrant of merchantability or fitness for a particularly purpose.

6. Indemnification CONTRACTOR hereby agrees to hold harmless and indemnify City, and its employees, agents, representatives, successors and assigns from and against any and all losses, liabilities, damages, demands, claims, suits, actions, causes of action, judgments, assessments, costs and expenses, including, without limitation, interest, penalties, reasonable attorneys’ fees, any and all expenses incurred in investigating, preparing or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation (collectively, “Damages”), asserted against, resulting to, imposed upon, or incurred or suffered by of them, directly or indirectly, as a result of, arising from, or relating directly or indirectly to: (i) any inaccuracy in or any breach or nonfulfillment of any of the representations or warranties made by CONTRACTOR in this Agreement; (ii) any breach or nonfulfillment of any of the covenants or agreements made by CONTRACTOR in this CONTRACT; or (iii) any violations of law by CONTRACTOR in performing its obligations under this CONTRACT.

7. Insurance The CONTRACTOR, at all times that this CONTRACT is in force, agrees to provide, as a minimum, worker’s compensation, commercial general liability, and automobile liability insurance coverage in accordance with the Insurance Requirements provided in the document “MAJOR_$2-5M_CONSTRUCTION_INSURANCE_GUIDELINES_FINAL_03222021-2.pdf” as posted with this Solicitation.

8. Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this CONTRACT.

9. Assignment The Contractor shall not assign or subcontract the whole or any part of this CONTRACT without the City of Roswell’s prior written consent.

10. Amendments in Writing No amendments to this CONTRACT shall be effective unless it is in writing and signed by duly authorized representatives of the parties.

11. Policy on Hiring of Non-Resident Aliens The final award of a contract is contingent upon compliance with O.C.G.A. 13-10-91 and Chapter 300-10-1 of the Rules of the Georgia Department of Labor, and the Contractor certifying to the City that it, and all its subcontractors, has registered and currently participates in the federal work authorization program to verify information of all new employees with respect to all public employers, contractors, or subcontractors. Contractor may be suspended, terminated, or debarred if it is determined that the Contractor has made false certification or that the Contractor has violated such certification by failure to carry out this requirement.

12. Inclusion of Documents, Exhibits ITB# 26-301-L and the Contractor’s proposal submitted in response thereto, including any best and final offer, are incorporated in this CONTRACT; form an integral part of this CONTRACT.

In the event of a conflict in language between this Agreement and the foregoing documents incorporated herein, the provisions and requirements set forth in this Agreement shall govern. In the event of a conflict between the language of the ITB, as amended, and the Contractor’s bid, the language in the former shall govern.

13. Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Either party has relied on any representation, promise, or inducement not contained herein.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement, by Offer made by CONTRACTOR and by Acceptance by CITY to be duly executed by their duly authorized officers as of the day and year set forth as of the Acceptance Date.

2026 City of Roswell Road Resurfacing CONTRACT

EXHIBIT A

ITB 26-301-L

EXHIBIT B

SCOPE OF WORK

EXHIBIT C

BIDDER RESPONSE TO ITB 26-301-L

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