LMIG 2025 RFP 011426.pdf

For

2025 City of Decatur Resurfacing Project

BIDS DUE: No later than Thurs, Mar 12, 2026, 3:00 PM EST in hardcopy.

Questions should be directed in writing to

Julie Harlan, Active Transportation Director, via email to:

Julie.harlan@decaturga.com

Submit Proposals to:

Assistant City Manager – Public Works

Public Works

2635 Talley St.

1st Floor

Decatur, Georgia 30031

Contents

SECTION 1: NOTICE TO BIDDERS

SECTION 2: INSTRUCTION TO BIDDERS

SECTION 3: COST SUBMISSION

SECTION 4: SCOPE OF PROJECT/SPECIFICATIONS

SECTION 5: TERMS AND CONDITIONS

APPENDIX A: STANDARD FORMS

APPENDIX B: STANDARD DETAILS

APPENDIX C: LOCATION MAP

APPENDIX D: CONTRACT DOCUMENT

SECTION 1: NOTICE TO BIDDERS

The City of Decatur will receive sealed bids for the 2025 City of Decatur Resurfacing Project until Thurs, Mar 12, 2026, 3:00 PM at Decatur City Hall, 509 North McDonough Street, Decatur, Georgia.

Prior to beginning construction, the successful bidder will file with the City the required Bid Security, Certificate of Insurance and other applicable documents as outlined in Section 6: Terms and Conditions with the terms and surety to be approved by the City.

The City reserves the right to reject any and all bids and to waive formalities in bidding.

Bids are to be submitted on a proper form furnished by the City and shall be addressed to the Assistant

City Manager - Public Works, Decatur Public Works, 2635 Talley St., 1st Floor, Decatur, Georgia, 30031, sealed, dated and enclosed in an envelope appropriately marked on the outside "Proposal for 202 City of Decatur Resurfacing Project”, marked with the name of the bidder and date and hour of opening.

The proposal shall be mailed or delivered to reach the designated office on or before Thurs, Mar 12, 2026, 3:00 PM at which time they will be publicly opened and read aloud. A bid security in the form of a bond or certified check in an amount equal to or greater than five percent (5%) of the amount of proposed bid must accompany the proposal.

The following documents, at a minimum, are required to be submitted as part of the Bidder’s bid package:

• Instructions to Bidders, completed with data required,

• Five (5) percent Bid Security,

• Bid Proposal form completed and executed,

• References,

• List of Proposed SubBidders,

• Non-Collusion Affidavit of Prime Bidder,

• Federal Work Authorization Program forms for Prime Bidder and all listed SubBidders.

• Terms and Condition requirements.

Bids may be held by the City of Decatur for a period not-to-exceed thirty (30) days from the date of the opening of bids for the purpose of reviewing the bid and investigating the qualifications of bidder, prior to awarding of the contract.

SCHEDULE OF EVENTS for 2025 City of Decatur Resurfacing Project

RFP Issue Date Deadline for Receipt of Written Questions Deadline for Posting of Written Answers RFP Submittal/Opening Anticipated Award Date

Tues, Feb 10, 2026 Tues, Feb 24, 2026, 3:00 PM Fri, Feb 27, 2026, 3:00 PM Thurs, Mar 12, 2026, 3:00 PM Thurs, Mar 26, 2026

Work will be completed within 120 days of Notice to Proceed. Questions should be directed to Julie

Harlan, Active Transportation Director, julie.harlan@decaturga.com.

SECTION 2: INSTRUCTION TO BIDDERS

2. INSTRUCTION TO BIDDERS

2.1. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

2.1.1. Bidders shall inform themselves of all conditions under which the work is performed concerning the site of the work, the structure of the ground, existing utilities, the obstacles which may be encountered, whether shown in the Scope of Project/Specification or not, and all other relevant matters concerning the work to be performed.

2.1.2. A Bidder to whom a contract is awarded will not be allowed any extra compensation by reason of any such matters or things concerning which the Bidder was not informed of prior to bidding. The successful Bidder must employ, as far as possible, such methods and means in the carrying out of this work as will not cause any interruption or interference with any other Bidders.

2.1.3. Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the proposal, and shall not, after submission of their proposal, dispute or complaint of such estimate nor assert that there was any misunderstanding in regard to the nature or amount of work to be done.

2.1.4. Before submitting a proposal, each Bidder shall carefully examine Sections 1 through 5 and

Appendix A through D of this document and all Exhibits and Addenda thereto, all of which contain provisions applicable to the successful bidder and the bidding team.

2.1.5. Each bidder is expected to base the proposal bid on materials and equipment complying fully with the Scope of the Project and Specifications, and in the event materials or equipment which do not conform are proposed, the bidder will be responsible for furnishing materials and equipment which fully conform at no additional change to the proposal bid.

Bidder hereby certifies that , a

(Name)

Duly qualified representative of , (Firm Name)

Inspected all job locations on .

(Fill in Dates)

2.2. INTERPRETATION OF CONTRACT DOCUMENTS

2.2.1. Bidder Review Bidders should carefully review this RFP in its entirety including all instructions, requirements, specifications, and terms/conditions and promptly notify the

City, in writing or via e‐mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which may be discovered upon examination of this RFP.

2.2.2. Addenda The City of Decatur may revise this RFP by issuing an addendum prior to its opening. The addendum will be posted on the City’s website alongside the posting of the

RFP at https://www.decaturga.com/rfps. Addenda will become part of the bid documents and subsequent contract. Bidders must sign and return any addendum with their RFP response. Failure to propose in accordance with an addendum may be cause for rejection.

In unusual circumstances, the City of Decatur may postpone an opening in order to notify vendors and to give Bidders sufficient time to respond to the addendum.

2.2.3. Bidder Questions Bidders with questions or requiring clarification or interpretation of any section within this RFP must address these questions via e‐mail to julie.harlan@decaturga.com on or before Tues, Feb 24, 2026, 3:00 PM. Each question must provide clear reference to the section, page, and item in question with the subject

“2025 City of Decatur Resurfacing Project”. Questions received after the deadline may not be considered.

2.2.4. Response to Questions The City of Decatur will provide responses by Fri, Feb 27, 2026, 3:00 PM. The City of Decatur’s response will be by formal written addendum to the City’s website alongside the posting of the RFP at https://www.decaturga.com/rfps by the close of business on the date listed. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City of Decatur. Bidders must sign and return any addendum with their RFP response.

2.3. BID SUBMISSION

2.3.1. Authorized Signature If the bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if a bidder is a co-partnership, the true name of the firm shall be set forth together with the signatures of all the partners; and if bidder is an individual, their signature shall be inscribed. If signature is by agent, other than an officer of a corporation or a member of a partnership, a power of attorney must be on file with the Owner prior to opening bids or submitting bids; otherwise, the bid may be disregarded as irregular and unauthorized.

2.3.2. References Bidder shall provide a list of the last three (3) clients/projects of the same size and scoped proposed. The City reserves the right to use any information or additional references deemed necessary to establish the ability of the Bidder to perform the conditions of the contract. Note that the reputation of the Bidder regarding adequacy of their past skillful performance of work of this type and magnitude required herein, shall be considered when making the award of contract and lack thereof is grounds for bid rejection. (See Appendix A for Reference Form)

2.3.3. Qualification of Bidders It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence of requisite experience and ability along with sufficient capital, facilities and plant access to work successfully and promptly, and to complete the work within the required time stated in the contract documents.

2.3.4. Disqualification of Bidder More than one proposal for the work described in this document, to be included under a Contract, from an individual, firm or partnership, a corporation or an association under the same or different names, will not be considered.

Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there are reasonable grounds for believing that collusion exists among the bidders, the proposals of the bidders in such collusion will not be considered.

2.3.5. Agreement, Bond, Insurance The attention of bidders is specifically directed to the forms of agreement, bonds to be executed, and types of insurance to be taken out in the event a contract award is made.

2.3.6. Failure to execute agreement and file required bonds and insurance Failure of the successful bidder to execute the agreement and file required bonds and insurance within the required time shall be just cause for the annulment of the award. On failure of the successful bidder to execute the agreement and file the required bonds and insurance within the required time, the contract award is forfeited and the bid security as agreed will be assessed as liquidated damages. The bidder, by filing a proposal agrees to this proviso.

Upon annulment of an award as aforesaid, the City may then award a contract to the next lowest qualified bidder.

2.3.7. Interpretation Whenever the context may require, any noun or pronoun used herein shall include the corresponding masculine, feminine or neuter forms. The singular form of nouns, pronouns and verbs shall include the plural and vice versa.

2.3.8. Contact Information A project designated superintendent shall be assigned to the project, be present on a daily basis during the prosecution of the work and be accountable to the

City Staff for coordination, scheduling and completion of the work and for the resolution of conflicts, problems and complaints arising from the work. Provide the name of the superintendent and contact information and an organizational chart that documents the strength of work force assigned to the project to ensure all work can be completed within the contract limits established herein with the bid package materials.

SECTION 3: COST SUBMISSION

3. COST SUBMISSION

STATE OF GEORGIA

COUNTY OF DEKALB

PROPOSAL OF:

TO THE CITY MANAGER OF THE CITY OF DECATUR, GEORGIA:

The undersigned, as bidder, hereby submits this bid for:

2025 City of Decatur Resurfacing Project

The Bidder 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, is satisfied as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if the bid is accepted, the bidder will contract with the City of Decatur in full conformance with the

Contract Documents.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of

Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from

Georgia Department of Transportation certified suppliers only.

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 attached Bid schedule for the unit prices stated.

The Bidder agrees that payment shall be made upon actual quantities used and at the unit price set forth herein. The Bidder 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.

No Bidder may withdraw a Bid within thirty (30) days after the actual date of the opening of thereof.

Bids may be held by the City for a period not to exceed (30) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of the Bidders prior to awarding the contract.

The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all

Work within 120 calendar days thereafter.

If awarded a Contract under the Proposal, the undersigned proposes to complete work within 120 days of the notice to proceed.

Attached hereto is a bid bond made by

, a surety company qualified to do business in Georgia, payable to the City of Decatur, Georgia (or certified check) in the amount of five percent (5%) of the above bid;

If this bid shall be accepted by the City of Decatur 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 Decatur 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 Decatur as liquidated damages.

Bidder further declares that the full name and residence address of all persons and parties interested in the foregoing bid as principals are as follows:

Bidder has carefully examined the Bidding Documents entitled:

2025 City of Decatur Resurfacing Project

Bid Due Date:

Thurs, Mar 12, 2026, 3:00 PM

Acknowledges receipt of the following addenda numbers and dates, if any:

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 Base Bid Work in accordance with said documents, for the sum of:

Dollars (Words)

$ (Numbers)

Signed, sealed and dated this day of , 20

By

Signature Title

PRICE BID FORM

SCHEDULE OF ITEMS for 2025 City of Decatur Resurfacing Project

Item No Description Unit Quantity Unit Price Cost

151-1000 MOBILIZATION EA 3

XXX-XXXX TRAFFIC CONTROL EA 3

431-1000 GRIND CONC PVMT, 6 IN SY 400

432-0206 MILL ASPH CONC PVMT, 1.5 IN SY 8841

402-1802

RECYCLED ASPH CONC 19 MM

PATCHING INCL BITUM MATL & H

LIME, 4 IN

TN

402-3103

RECYCLED ASPH CONC 9.5 MM

SUPERPAVE, TYPE II, GP 2 ONLY, INCL

BITUM MATL & H LIME, 1.5 IN

TN

413-0750 TACK COAT GL 619

441-0016 DRIVEWAY CONC, 6 IN SY 1042

441-0104 CONC SIDEWALK, 4 IN SY 2919

441-7013 CURB CUT RAMP TP C EA 15

XXX-XXXX SIGNS EA 38

636-2070 GALV STEEL POST, TP 7 LF 489

647-0200 LOOP DETECTION SYSTEM EA 4

653-0105

THERMOPLASTIC TRAF MARK,

BICYCLE T-16A (SHARROW) WHITE

EA

653-0120 THERMOPLASTIC TRAF MARK,

ARROW WHITE

653-0210 THERMOPLASTIC PVMT MARKING

WORD, TP 1 (ONLY) WHITE

653-1501

THERMOPLASTIC SOLID TRAF STRIPE,

5IN WHITE

LF

653-1502

5IN YELLOW

653-1704

THERMOSPLASTIC SOLID TRAF

STRIPE, 24IN WHITE

653-1804

8IN WHITE

XXX-XXXX RAISED CROSSWALK EA 3

XXX-XXXX SPEED TABLE EA 6

NOTE: Unit Abbreviations in each proposal section stand for the following:

LF – Linear Feet CY – Cubic Yards SF – Square Feet

GL – Gallons TN – Tons SY - Square Yards

On all items on which bids are to be received on a unit price basis the quantities stated in the Proposal will NOT be used in establishing final payment due the Bidder. The quantities stated on which unit prices are so invited, are approximate only, and each bidder shall make his own estimate from the

Contract Specifications of the quantities required on each item and calculate the unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the Bidding Schedule set forth in the Proposal. Payment on the contract on unit price items will be based on the actual number of units installed upon completion of the project.

SECTION 4: SCOPE OF PROJECT/SPECIFICATIONS

4. SCOPE OF PROJECT/SPECIFICATIONS

4.1. SPECIFICATIONS

4.1.1. Standard and Project Specifications All work shall be done in accordance with the Project

Construction Specification, these contract documents and the Georgia Department of

Transportation Standard Specifications for Construction of Transportation Systems, latest edition, that shall govern this project, as they may be applicable, except as stipulated otherwise in these contract documents, or as amended herein and which are part of this contract and shall have the same force and effect as if fully recited herein. The following sections of the Georgia Department of Transportation Standard Specifications for

Construction of Transportation Systems are hereby amended.

4.1.2. Section 101 – Definitions and Terms

4.1.2.1. Section 101.14 Commissioner. Commissioner shall mean the City Manager, City of

Decatur, Georgia, acting directly or through a duly authorized representative of the

City Manager.

4.1.2.2. Section 101.22 Department. Department shall mean the City of Decatur, Georgia.

4.1.2.3. Section 101.24 Engineer. Engineer shall mean the Senior Engineer of the City of

Decatur, Georgia, acting directly or through a duly authorized representative of the

Senior Engineer.

4.1.2.4. Section 101.31 Holidays. Holidays shall mean those holidays designated by the City of Decatur, Georgia.

4.1.2.5. Section 101.62 State Highway Engineer. State Highway Engineer shall mean the

Senior Engineer of the City of Decatur, acting directly or through a duly authorized representative of the Senior Engineer.

4.1.2.6. "Owner" shall mean the City of Decatur, Georgia.

4.1.3. Section 150 – Traffic Control ADD to GDOT SSCTS section 150: "The Contractor to conform to MUTCD and the State of Georgia Department of Transportation for traffic control. The contractor shall submit a proposed Traffic Control Plan, for approval, to the City Engineer, before starting any work. Full permanent advanced warning signs (with lights as needed or as ordered by the Engineer) are required per Georgia Standard 9106 and 9107. All construction signs and devices will be in like new condition and meet the latest GDOT requirements. Warning lights and flags will be used if required by the Engineer. All Flaggers must be GDOT Certified. Traffic control will include flagging and covering areas along the site area that may present safety issues with pedestrians. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation (including any temporary striping needed). Any use of commercial parking areas must be coordinated between the Contractor and the property owner, prior to construction. Access to existing streets and drives must be maintained at all times, and is the responsibility of the

Contractor. The Contractor shall submit a Plan for Closure of said roadway to the City

Engineer for approval before starting work. Closure plans to include all detour routes and signage."

4.1.4. Silence of Specifications The apparent silence of these specifications and any supplemental specifications as to any detail or omission from these specifications of a detailed description concerning any point shall be regarded as meaning only that the best commercial practices are to prevail and that only materials of first quality and correct size, type and design are to be used. All interpretations of the specifications shall be made upon the basis of this statement with the owner's interpretation to prevail.

4.2. PROJECT DESCRIPTION

4.2.1. The City of Decatur is accepting bids for the furnishing of all materials, labor, and equipment for the completion of road resurfacing projects within the City of Decatur. This project shall include paving, patching, sidewalks, curb cuts, traffic control, signing, striping and other items that may be related to the project work.

4.3. PROJECT GENERAL NOTES

4.3.1. Utility Notifications It shall be the contractor’s responsibility to notify any and all utility companies for marking and location of any facilities which may be in conflict.

4.3.2. Utility Delays City of Decatur will not be responsible for any delay caused by the failure of any utility companies to respond in a timely manner. No claims will be considered for extra compensation.

4.3.3. Disposal of Materials Any items, which must be removed and disposed of during construction and are not specially called for on the plans, shall be removed and disposed of properly and in a timely manner. The cost shall be included in other unit prices bid. No claims will be considered for extra compensation.

4.3.4. Quantity Measurements and Payments The quantities provided are approximate quantities and are subject to be used as directed by the engineer. Actual quantities used in the field are dictated by the field conditions. The final quantities used will be measured and paid for based on the actual quantities in place and the unit prices bid. No claims will be considered for extra compensation. It is the bidder’s responsibility to include all necessary expenses for the complete construction of this project. The unit price bid schedule will also apply to a change order if necessary.

4.3.5. Rejection of Bids City of Decatur reserves the right to reject any unreasonable unit prices bid which are considered out of the norm.

4.3.6. Annual Contract This is an annual contract for road resurfacing work within City of

Decatur. Revisions, additions, and deletions of the street locations will be made as necessary by the City of Decatur as it sees fit at the cost of unit rates established in this contract.

4.3.7. Submittals Required The contractor is required to provide submittals in accordance with

Section 4.8 below prior to commencing the work. In addition, the contractor is also required to provide sampling and testing of the materials on a daily basis to ensure the consistent quality of the mix. The cost of sampling and testing is included in other unit prices bid. No claims will be considered for extra compensation.

4.3.8. Asphalt Application Rates The rate of application for Recycled Asphalt Concrete 9.5 mm, Superpave (Item # 402-3103) shall be 165#/SY.

4.3.9. Miscellaneous Construction Allowance is intended for unforeseen or additional construction items that may be required to be added to the construction project. The

Allowance shall be directed by the City Engineer. The Contractor shall not be reimbursed for miscellaneous items, unless the contractor has written specific authorization to proceed with the work from the City Engineer.

4.3.10. Standards and Details Standards and Details contained in Appendix B shall be utilized in the construction of the specified components for work associated with this Project.

4.4. PROJECT LOCATION

4.4.1. The Project consists of work in two (2) Project Areas throughout the City of Decatur, see

Appendix C for a Location Map. The general location of these Project Areas is identified as follows:

4.4.1.1. East Lake Dr. Park Pl. to 2nd Ave. – Resurface & Sidewalks

4.4.1.2. Clarion Avenue Nelson Ferry Road to Scott Boulevard - Resurface & Sidewalks

4.5. NOTIFICATIONS

4.5.1. The Bidder shall provide 3-day advanced notification prior to the start of milling, patching and deep patching operations and asphalt surface friction course installation to property owners within the limits of the work by the placement of signage along each street and flyers disbursed to each property owner notifying the property owners of the date(s) of the work and the requirement to remove all parked vehicles from the street during the time the work is being performed, and a contact information for questions or issues.

4.6. WORK HOURS

4.6.1. Construction work is only permitted during the following hours:

Monday-Friday 7 am to 6 pm

Saturday 9 am to 5 pm

Sunday No Work Permitted

4.6.2. Deviation from the standard working hours may be requested in writing with specific alternate work hours, the reason those hours are needed, and is subject to approval by the

City Manager.

4.7. SITE PROTECTION

4.7.1. It shall be the Bidder’s responsibility to protect driveways, driveway aprons, sidewalks, curbs, catch basins, utilities, mailboxes, street signage and other such infrastructure inside and outside of the project limits during construction. Damage to any infrastructure inside and outside the project limits of construction caused by the Bidder shall be replaced or repaired at the Bidder’s expense. The Bidder shall use considerable care in protecting the riding surface of all roadways. Gouges, edge failures and curb damage shall be corrected to the satisfaction of the Engineer at the Bidder’s expense. The Bidder shall arrange for the location of underground utilities that might impact the project construction prior to commencement of work in each Project Area by contacting the Georgia One-Call Center at

811 or 1 (800) 282-7411 before deep patching operations commence.

4.8. SUBMITTALS

4.8.1. The Bidder shall make the following submittals to City Staff for approval prior to, concurrent with, or after (as applicable) proceeding, with incorporating any of the required items into the work:

4.8.1.1. Equipment List Prior to starting work, submit a list of all the proper equipment that the Bidder will have available to perform all work.

4.8.1.2. Pavement Markings Prior to starting work, submit an inventory to document the location of all pavement markings and markers that will be removed by the work so that new markings and markers can be installed to exactly match the ones removed.

4.8.1.3. Asphalt Supplier and Mix Design Prior to placement of asphalt pavement, submit the

GDOT certified supplier’s company information and mix designs for 9.5mm and

25mm SuperPave hot-mix asphaltic, verifying compliance with GDOT SSCTS 828.

4.8.1.4. Concrete Supplier and Mix Design Prior to placement of concrete, submit the GDOT certified supplier’s company information and mix design for 3000 and 5000 psi concrete, Class A.

4.8.1.5. Tactile Surfaces Supplier Prior to placement of tactile warning surfaces, submit the supplier’s information, product information and installation instruction for tactile warning surfaces for all curb cut ramp installations.

4.8.1.6. Concrete Testing Concrete cylinder compressive strength test reports and concrete slump test reports must be submitted in accordance with GDOT Specifications, with particular attention to the standard testing schedule of one (1) test per week or one

(1) test per 100 CY of concrete.

4.8.1.7. Asphalt Tickets Weight tickets in accordance with GDOT SSCTS Section 109 shall be submitted to the Engineer to support tonnage supplied for 4 Inch Asphalt Patching, 8

Inch Asphalt Deep Patching, Asphalt Surface Friction Course.

4.8.1.8. Tack Oil Tickets Meter tickets in accordance with GDOT SSCTS Section 109 shall be submitted to the Engineer to support gallons supplied for Tack Oil.

SECTION 5: TERMS AND CONDITIONS

5. TERMS AND CONDITIONS

5.1. LIQUIDATED DAMAGES

5.1.1. The Contractor agrees to indemnify and save harmless the Owner, the Architect, the

Engineer, and all of their officers, partners, agents and employees from and against all loss or expense (including court costs and attorney's fees) by reason of liability imposed by law upon Owner, Architect or Engineer for damages because of bodily injury, including death at any time, resulting therefrom sustained by any person or persons or on account of damage to or destruction of property, real or personal, including loss of use thereof, arising out of or in consequence of performance of this work, whether such injuries to property are due or claimed to be due to the negligence of the Contractor, his Sub-

Contractors, the Owner, Architect or Engineer, their officers, Partners, agents and employees except only such injury, death or damage as shall have been occasioned by the sole negligence of the Owner, Architect or Engineer.

5.2. BID BOND

5.2.1. Bid Security No proposal will be considered unless accompanied by a Bid Security as defined in the Notice to Bidders, as a guarantee that if the bid is accepted the bidder will execute an Agreement and file bonds and insurance as required by the Contract

Documents within ten (10) days from the date of the award of the contract. All bid securities will be held until the agreement has been executed by the successful bidder and the required bonds and insurance has been filed with the Owner, after which bid securities will be returned to the respective bidders. The bid security will be in the form of a bond or certified check in the amount equal to or greater than 5% of the proposed total bid amount.

5.2.2. Faithful Performance Bond As a part of the execution of this Contract, the Contractor shall furnish to the Owner a bond payable to the Owner in the form of Faithful Performance

Bond, secured by a surety company acceptable to the Owner, conditioned upon the faithful performance of all covenants and stipulations under this contract, specifically including, but not limited to, the performance of the warranty set forth in Section 3 below.

The amount of the bond shall be not less than one hundred percent (100%) of the total contract amount, as this sum is set forth in the Agreement.

5.2.3. Labor and Material Bond As a part of the execution of this Contract, the Contractor shall furnish to the Owner a bond of a surety company acceptable to the Owner in a sum of one hundred percent (100%) of the total contract amount, as this sum is set forth in the

Agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish material to be used in the work under this Contract.

5.2.4. Date of Substantial Completion When the work authorized by the contract Agreement has been completed, the Owner will make all final inspections it deems appropriate for the purpose of ascertaining that the work has been completed in accordance with the requirements of the Contract Documents. The Contractor shall correct all deficiencies that are found. When the Owner has determined that all deficiencies have been corrected and that the work has been completed in all respects in accordance with the Contract

Documents, the Owner will take possession of the work and issue a written Substantial

Completion statement with a date mutually agreed to between the Owner and Contractor.

5.2.5. Notice of Completion A Notice of Completion shall be issued by the Owner not earlier than one (1) year from the date of substantial completion. In the event the Faithful

Performance Bond provided to the Owner contains a limitation on the time within which suit may be initiated on the Faithful Performance Bond, such limitation shall commence no earlier than the date of Notice of Completion.

5.2.6. Contract Terms Contractor warrants to the Owner that, for a period of one (1) year from the date of substantial completion, the work performed under this Contract will conform to the requirements of the Contract Drawings and Specifications and will be free from defective materials and/or workmanship. If at any time prior to substantial completion or within one (1) year after substantial completion, Owner discovers that the work does not conform to the requirements of the Contract Drawings and Specifications or is not free from defects, Contractor shall promptly correct such work within a reasonable time of receiving written notice from the Owner. If the work is not corrected by Contractor within a reasonable time of receiving written notice from the Owner, Owner may undertake to correct the work. Owner’s undertaking of such corrective work shall not limit in any way

Owner’s rights of recourse against Contractor or Owner’s rights of recourse against

Contractor’s surety under the Faithful Performance Bond.

5.2.7. Notification of Surety Companies The Contractor shall advise the surety companies and other signers of any of the bonds listed above to familiarize themselves with all of the conditions and provisions of this contract, and they shall waive the right of special notification or any change or modification of this contract or of extension of time, or of decreased or increased work, or of the cancellation of the contract or any other act or acts by the Owner or its authorized employees and agents, under the terms of this contract and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under their contract.

5.3. CONTRACTOR'S INSURANCE

5.3.1. Insurance Required The Contractor shall, at the time of execution of this Contract, file with the Owner the certificate of insurance as contained in the Agreement, which shall cover all of the Contractor’s insurance as required herein including evidence of payment of premiums thereon, and the policy or policies of insurance covering said Owner, the

Engineer and their officers, agents and employees. Each such policy and certificate shall be satisfactory to the Owner and shall bear an endorsement precluding the cancellation or reduction in coverage without giving the Owner at least fifteen (15) days prior notice thereof in writing. All policies shall be written by insurers licensed to do business in the

State of Georgia and acceptable to the Owner, with a current A.M. Best rating of no less than A-:VII. All coverages indicated on the certificate of insurance shall be included in the

Comprehensive General Liability and Automobile Liability insurance policies unless they are not applicable due to the nature of the work under this Contract Document. Nothing contained in these insurance requirements is to be construed as limiting the extent of the

Contractor’s responsibilities for payment of damages resulting from its operations under this Contract. On all required coverages, the Contractor shall secure from all subcontractors certificates of insurance as evidence that each subcontractor carries insurance to provide coverage under this Contract up to the same minimum limits required of the Contractor in this Agreement. The Contractor shall submit copies of its subcontractors’ insurance certificates to the Owner and Engineer as evidence of such insurance coverage. The Contractor acknowledges and agrees that each subcontractor performing work for this Contract will meet these minimum insurance requirements and that any costs or uninsured events arising from or involving a subcontractor working on behalf of the Contractor for this Contract is the sole responsibility of the Contractor. The

Contractor agrees to indemnify said Owner for any costs, expenses or damages that may arise from any subcontractor having insufficient insurance coverage.

5.3.2. Public Liability and Property Damage Insurance The Contractor shall take out, pay for, and maintain until completion and acceptance of the work required by this Contract, public liability and property damage insurance as shall protect the Contractor and the said Owner from all claims for bodily injury and property damage which may arise because of the nature of the work or from operations under this Contract. The Contractor is not required to have its subcontractors named as co-insureds in the Contractor’s policy of public liability and property damage; but the policy shall protect the Contractor and the Owner from contingent liability which may arise from operations of subcontractors. Each of said policies of insurance shall provide coverage in the following minimum amounts:

5.3.2.1. Commercial General Liability insurance with a minimum combined bodily injury and property damage limit of One Million Dollars ($1,000,000) per occurrence, a personal and advertising injury limit of One Million Dollars ($1,000,000), a products-completed operations aggregate limit of Two Million Dollars (2,000,000) and a general aggregate limit of Two Million Dollars ($2,000,000) per location.

• $1,000,000 Each Occurrence Limit

• $1,000,000 Personal and Advertising Injury Limit

• $2,000,000 Products/Completed Operations Aggregate

• $2,000,000 General Aggregate

5.3.2.2. Comprehensive Automobile Liability The Contractor shall also take out, pay for, and maintain until completion and acceptance of the work required by this Contract, automobile public liability and property damage insurance as shall protect the

Contractor and said Owner from claims for bodily injury or property damage which may arise from the use of motor vehicles engaged in various operations under this

Contract. The policy or policies of automobile insurance shall provide coverage in the following minimum amounts: Automobile liability insurance covering owned, hired and non-owned vehicles, with separate coverage in an amount not less than

One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage.

• $1,000,000 Bodily Injury or death to any one person

• $1,000,000 Bodily Injury, each occurrence

• $1,000,000 Property Damage, each occurrence

5.3.2.3. Umbrella Policy The Contractor shall have an umbrella policy over General Liability, Automobile Liability, Workers’ Compensation/Employers’ Liability and any such policies that the umbrella can be placed over that involves insurance that is applicable to the work under this contract or at least applicable to the minimum required insurance under this contract. The policy shall be placed in the amount of

One Million Dollars ($1,000,000) or an amount equal to that to be paid for the work being performed under this agreement, whichever is greater.

5.3.3. Workers’ Compensation Insurance Before beginning the work, the Contractor shall furnish to the Owner satisfactory proof that it has taken out, for the period covered by the work under this Contract, Statutory Workers’ Compensation, Employers’ Liability Insurance and/or United States Longshore and Harbor Workers’ Compensation Act and Liability under Admiralty or Federal Jurisdiction, whichever is necessary for appropriate Workers’

Compensation Coverage for applicable work being performed under said Contract. Such insurance shall be maintained in full force and effect during the period covered by this

Contract.

5.3.4. Notification of Insurance Companies The Contractor shall advise all insurance companies to familiarize themselves with all of the conditions and provisions of this Contract, and insurance companies shall waive the right of special notification or any change or of decreased or increased work, or of cancellation of the Contract or of any other act or acts by the Owner or its authorized employees and agents, under the terms of this Contract and failure to so notify the aforesaid insurance companies of changes shall in no way relieve the insurance companies of their obligation under this Contract.

5.3.5. Additional Insured The Contractor shall name the Owner as an additional insured and shall provide Owner with proof thereof with the certificate of insurance and copy of endorsement that meets the additional insured requirement or specifically lists owner as additional insured for said contract in the policy for said work by Contractor on behalf of this Contract.

5.3.6. Subrogation Waiver The Contractor waives all rights of subrogation against the Owner.

Written evidence that each respective insurer acknowledges and agrees to such waivers of subrogation rights shall be submitted to Owner prior to commencement of the project (at minimum, a certificate of insurance, followed by a copy of an endorsement or policy language evidencing the insurer’s acknowledgement of an agreement to such waiver). In the event such requirement is not met and/or any subrogation proceeding is commenced by or on behalf of the Contractor or its insurers, the Contractor shall fully indemnify and save harmless the Owner for all costs, expenses and damages resulting therefrom, and shall take action necessary to stop any subrogation proceedings by the Contractor’s insurers.

5.4. NONDISCRIMINATION IN EMPLOYMENT

5.4.1. During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of actual of perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their actual of perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and, participation in recreational and educational activities. The Contractor confirms that it has a non-discrimination policy in place that prohibits discrimination based on actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status or veteran/military status.

5.5. SAFETY

5.5.1. In accordance with generally accepted construction practice, the Contractor will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours.

5.5.2. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's safety measures, in, on, or near the construction site.

5.6. LAWS TO BE OBSERVED

5.6.1. The Contractor shall be fully informed of all existing and future Federal, State, County, and municipal laws, ordinances and regulations which in any manner affect those engaged or employed in the work or the materials used in the work or the conduct of the work or the rights, duties, powers or obligations of the Owner or of the Contractor or which otherwise affect the Contract, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with, and shall cause all his agents, sub-contractors and employees to observe and comply with, all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the Owner, the Engineer and all of their officers, agents and employees, against any claim, loss or liability arising or resulting from or based upon the violation of any such laws, ordinance, regulation, order or decree, whether by himself or by his agents, sub-contractors or employees. If any discrepancy or inconsistency is discovered in the plans, Contract Drawings, Contract Specifications or other Contract Documents for the work in relation to such laws, ordinance, regulation, orders or decree, the Contractor shall forthwith report the same to the Engineer.

5.7. PROVISIONS OF LAW

5.7.1. It is specifically provided that this Contract is subject to all applicable laws and that the rules of law shall prevail over any provision contained in any of the Contract Documents which may be in conflict thereto or inconsistent therewith.

5.8. SUBCONTRACTORS

5.8.1. The Contractor shall notify the Owner in writing of the names of all Subcontractors proposed to employ on the Contract and shall not employ any Subcontractors until the

Owner's approval in writing covering such Subcontractors has been obtained. See

Appendix A.

5.8.2. The Contractor agrees to be fully and directly responsible to the Owner for all acts and omissions of the Subcontractors and of any other person employed directly or indirectly by the Contractor or Subcontractors, and this contract obligation shall be in addition to the liability imposed by law upon the Contractor.

5.8.3. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner. It shall be further understood that the Owner will have no direct relations with any Subcontractor. Any such necessary relations between Owner and Subcontractor shall be handled by the Contractor.

5.8.4. The Contractor agrees to bind every Subcontractor (and every Subcontractor of a

Subcontractor, etc.) by all terms of the Contract Documents as far as applicable to the

Subcontractors work unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner.

5.8.5. Should any Subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Owner.

5.9. LICENSES, PERMITS, AND REGULATIONS

5.9.1. The Contractor shall secure all Federal, State and Local licenses required by law and pay for all necessary permits. The Contractor shall give all notices and comply with all laws, ordinances and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings or Contract Specifications are at variance therewith, the Engineer shall be promptly notified in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work.

5.10. TAXES

5.10.1. Contractor shall, without additional expense to the Owner, pay all applicable Federal, State and local sales and other taxes, except taxes and assessments on the real property comprising the site of the project.

5.11. PROGRESS ESTIMATES AND PAYMENTS

5.11.1. Indemnification - The Contractor shall indemnify and save harmless the Owner, the

Engineer and all of their officers, agents, and employees from all suits, actions or claims of any character brought for or on account of any injuries to or death of or damages received by any person, persons or property resulting from the operations of the Contractor or any of its subcontractors, in prosecuting the work under this Contract

5.11.2. No payments under this Contract will be made except upon the presentation of Periodical

Estimate for Partial Payment prepared by the Contractor on forms approved, by Owner, and approved in writing by the Engineer which shall show that the work covered by the payments has been completed and the payments therefore are due in accordance with this Contract. Such Payment Forms shall be submitted to the Engineer on the 25th day of a calendar month to permit checking before the end of the calendar month.

5.11.3. Upon presentation of certified copies of purchase bills and freight bills the Owner will, unless specifically stated, include in such monthly estimates payments for materials that will eventually be incorporated in the project, providing that such material is suitably stored on the site of the project, at the time of submission of the estimate for payment. At the time the next following monthly estimate is submitted, certified copies of receipted purchase and freight bills for the stored materials included in the previous monthly payment estimate shall be submitted. If the Contractor fails to submit proof of payment with the next monthly payment estimate, those items of stored materials for which no proof of payment has been submitted will be deleted from the current payment estimate.

Such materials when so paid for by the Owner will become the property of the Owner and in case of default on the part of the Contractor the Owner may use or cause to be used by others these materials in construction of the project. However, the Contractor shall be responsible for safeguarding such materials against loss or damage of any nature whatsoever, and in case of any loss or damage the Contractor shall replace such lost or damaged materials at no cost to the Owner.

5.11.4. Except as otherwise provided in the immediately preceding paragraph, the first estimate shall be of the value of the work done and of materials proposed and suitable for permanent incorporation in the work, delivered and suitably and safely stored at the site of the work since the Contractor shall have begun the performance of this contract, and every subsequent estimate, except the final estimate, shall be of the value of the work done and materials delivered and suitably stored at the site of the work since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this Contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages (if any) to the date of said estimate, until such time as the compliance with the program has been restored; and provided, also that materials delivered to the site for which payment is included in the estimate shall not be removed from the site of the work prior to its completion without the written consent of the Engineer.

5.11.5. The estimates shall be signed by the Engineer and approved by the Owner, and after such approval the Owner, subject to the foregoing provisions, will pay or cause to be paid to the

Contractor, in the manner provided by law, an…