STOCKBRIDGE OFFICE: 235 Corporate Center Dr., Suite 200, Stockbridge, GA 30281 / Phone: 770.389.8666 CUMMING OFFICE: 500 Pirkle Ferry Road, Suite C, Cumming, GA 30040 / Phone: 678.807.7100

NEWNAN OFFICE: 40 Greenway Court, Suite A, Newnan, GA 30265 / Phone: 770.755.7978

CITY OF MCDONOUGH, GA

CONTRACT DOCUMENTS AND SPECIFICATIONS

ROADWAY RESURFACING PROJECT

LMIG-2024-26558-SUP

OCTOBER 2026

City of McDonough, Georgia

I

TABLE OF CONTENTS

SPECIFICATIONS AND CONTRACT DOCUMENTS

PART 1 – BIDDING / AGREEMENTS / BONDS / CONDITIONS

I. INSTRUCTION TO BIDDERS

II. INVITATION TO BID

III. BID FORM

IV. BID BOND

V. CONTRACTOR FURNISHED DOCUMENTS

VI. CONTRACTOR AFFIDAVIT AND AGREEMENT

VII. SUBCONTRACTOR AFFIDAVIT

VIII. FORM OF AGREEMENT

IX. NOTICE TO PROCEED

X. PERFORMANCE BOND

II

XI. PAYMENT BOND

XII. CERTIFICATE OF CONTRACTOR’S ATTORNEY

XIII. CERTIFICATE OF OWNER’S ATTORNEY

XIV. GENERAL CONDITIONS

XV. SUPPLEMENTARY CONDITIONS

XVI. PROJECT MAPS

XVII. REFERENCE VERIFICATION AND RELEASE FORM

PART II – SPECIFICATIONS

SECTION 01025 MEASUREMENT AND PAYMENT

SECTION 01100 SUMMARY

SECTION 01200 PRICE AND PAYMENT PROCEDURES

SECTION 01300 ADMINISTRATIVE REQUIREMENTS

SECTION 01323 CONSTRUCTION PROGRESS SCHEDULES

SECTION 01330 SUBMITTAL PROCEDURES

SECTION 01400 QUALITY REQUIREMENTS

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

SECTION 01600 PRODUCT REQUIREMENTS

SECTION 01630 PRODUCT SUBSTITUTION PROCEDURES

SECTION 01700 EXECUTION REQUIREMENTS

SECTION 01720 RECORD DOCUMENTS

END

SECTION I

Instruction to Bidders - Page i

INSTRUCTIONS TO BIDDERS

Page

Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders and project requirements

Article 4 – Examination of Bidding Documents, Other Related Data, and Site

Article 5 – non-Mandatory Pre-Bid Conference

Article 6 – Site and Other Areas

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – Substitute and “Or-Equal” Items

Article 12 – Subcontractors, Suppliers and Others (continued on the next page)

Article 13 – PREPARATION OF BID

Article 14 – Basis of Bid; Comparison of Bids

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Contract Security and Insurance

Article 21 – Signing of Agreement

Instruction to Bidders - 1

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office (City of McDonough, GA) – All potential Bidders can obtain a copy of the Bid

Documents and Specifications on the City’s website at https://mcdonoughga.org/Bids.aspx and the Georgia Procurement Registry website. Bid is administered by Falcon Design

Consultants, LLC on behalf of the City of McDonough. Falcon Design Consultants, LLC will oversee all bidding for this project.

B. Owner’s Representative – Falcon Design Consultants, LLC, an independent consulting engineering firm, is the City of McDonough’s appointed Owner’s Representative for this project.

C. Engineer – Falcon Design Consultants, LLC, an independent consulting engineering firm for this project.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

A. All potential Bidders can obtain a copy of the Bid and Specifications located on the City’s website at https://mcdonoughga.org/Bids.aspx and the Georgia Procurement Registry website.

This Bid is administered by Falcon Design Consultants, LLC on behalf of the City of

McDonough. Falcon Design Consultants, LLC will oversee all bidding for this project.

B. All potential Bidders are solely responsible for assuring they have all required bid documents including any Addendums that are issued prior to bidding.

C. All bid documents will be posted online at the sites shown in Article 2 – A.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS AND PROJECT REQUIREMENTS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence with bid such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Required Bidder Qualification Statement with Supporting Data (Business License, Corporate

Resolution to Bid, Financial Statement, Current Workload)

B. Required Bidder current Georgia Department of Transportation Prequalification Certificate for roadway construction.

https://mcdonoughga.org/Bids.aspx https://mcdonoughga.org/Bids.aspx

Instruction to Bidders - 2

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings, if any, referenced in Paragraph 4.01.A will be made available by Owner to any Bidder upon written request. Those reports and drawings are not part of the

Contract Documents, but the “technical data” contained therein as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing

Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a

Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein as provided in Paragraph 4.06 of the General

Conditions has been identified and established in Paragraph 4.06 of the Supplementary

Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any

“technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the

Instruction to Bidders - 3

Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General

Conditions. On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.05 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the

Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;

the Bidding Documents; and the Site-related reports and drawings identified in the Bidding

Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

F. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

G. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by

Engineer is acceptable to Bidder; and

H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

Instruction to Bidders - 4

4.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – NON-MANDATORY PRE-BID CONFERENCE

5.01 A Non-Mandatory Prebid Conference will be held in the second-floor chambers at the City of

McDonough City Hall located at 136 Keys Ferry Street McDonough GA 30253; on Friday, October 16th, 2026, at 10:00 AM EST. Representatives of Owner and Engineer will be present to discuss the Project. Attendance of this meeting is “Strongly Encouraged”. Engineer will transmit to all prospective Bidders the Meeting Minutes and Sign in Sheet for this conference. Bidders must transmit written questions to the Engineer regarding any response to questions arising at the conference. Oral statements made during this conference may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions pertaining to the requirements of the Contract Documents and Technical

Specifications, either procedural or technical, shall be in writing and are to be submitted to Falcon

Design Consultants via email to Glenn Athearn at gathearn@fdc-llc.com . All responses to written questions will be issued by addenda after the deadline for written questions. Questions received after 12:00 PM Noon EST on Friday, October 23rd, 2026, may not be answered. Only questions answered by addenda will be binding. Oral and other interpretations or clarifications shall be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer and all Addenda will be posted online at the locations provided in Article 1

Section 1.01 of the Instructions to Bidders.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of

Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond mailto:gathearn@fdc-llc.com

Instruction to Bidders - 5

(on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the

Contract Documents, furnished the required contract security and met the other conditions of the

Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of

Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of even days after the Effective Date of Section VIII – Form of Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Section III - Bid Form and Section VIII – Form of

Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in Section VIII – Form of Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitutes or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding

Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 10 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS (CONTINUED ON THE

NEXT PAGE)

Instruction to Bidders - 6

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective

Date of Section VIII – Form of Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such

Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful

Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the

Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of Section VIII – Form of Agreement as provided in Paragraph

6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from

Engineer.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section listed therein.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

Instruction to Bidders - 7

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the

Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be legibly provided below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The value of items required by the Contract Documents but not show in the line items on the Bid

Form shall be included in the unit price of the line item that relates to this work.

C. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

D. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.02 Allowances

A. In the amount bid on the Bid Form submitted, the Bidder shall include a $175,000.00

Contingency Allowance. This allowance is for additional work as directed by the Owner.

Monies not utilized by the Owner for this project will be removed from the final contract price at the completion of the project by use of a Change Order.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished a copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following documents:

A. Required Bid security;

B. List of Proposed Subcontractors (if known);

Instruction to Bidders - 8

C. List of Proposed Suppliers (if known);

D. List of 5 Project References (Reference forms included – SECTION XVII. – REFERENCE

VERIFICATION AND RELEASE FORM);

E. Required Bidder Qualification Statement with Supporting Data (Business License, Corporate

Resolution to Bid, Financial Statement, Current Workload);

F. Georgia GDOT Prequalification Certificate for roadway construction;

G. Certificate of Insurance (City of McDonough listed as Certificate Holder);

H. Contractor Affidavit and Agreement;

I. Subcontractor Affidavit and Agreement (if known);

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the

Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation of the Georgia Department of Transportation Prequalification Number as well as

“BID ENCLOSED – ROADWAY RESURFACING PROJECT”. A mailed Bid shall be addressed to the City of McDonough; Attention: Tiffany George; McDonough City Hall 136

Keys Ferry Street, McDonough, GA 30253.

15.03 Bid packages submitted shall include ONE (1) complete set of bid documents, as required by this section, with original signatures and seals as required and this document set shall be labeled

“ORIGINAL”. Additionally, ONE (1) complete copy set of the bid documents, as required by this section, labeled “COPY” shall be included in the bid package.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

Instruction to Bidders - 9

ARTICLE 17 – OPENING OF BIDS

17.01 This Public Bid Opening meeting will be held on Friday, November 6th, 2026 at 2:00 PM EST in the second-floor chambers located at the City of McDonough City Hall located at 136 Keys

Ferry Street, McDonough GA, 30253 at 2:00 PM EST.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Owner.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

Instruction to Bidders - 10

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice to Proceed to the Successful Bidder, it shall be accompanied by the required five (5) complete legal sets of the Contract Documents and Technical Specifications with unsigned counterparts of Section VIII – Form of Agreement along with the other Contract

Documents which are identified in Section VIII – Form of Agreement as attached thereto. Within fifteen (15) calendar days thereafter, Successful Bidder shall sign and deliver all five (5) complete legal sets of the Contract Documents and Technical Specifications with signed and sealed counterparts of Section VIII – Form of Agreement along with the other Contract Documents which are identified in Section VIII – Form of Agreement to Owner. Within thirty (30) calendar days thereafter, a project Preconstruction Conference will be scheduled and at that meeting the Owner shall deliver two fully signed counterparts to Successful Bidder with a complete set of the

Drawings with appropriate identification if required.

SECTION II

Invitation to Bid - 1 of 2

INVITATION TO BID

CITY OF MCDONOUGH, GEORGIA

DATE: OCTOBER 2026

The City of McDonough will accept sealed bids from qualified contractors for furnishing all labor, equipment, and materials necessary to complete the “ROADWAY RESURFACING”

PROJECT. The work consists of furnishing and installing all materials, labor, tools, equipment, and related services required for a complete project in accordance with the

Contract Documents. This project includes but is not limited to traffic control, asphalt milling, paving, striping, and signage within the City limits. This work is per the Contract

Documents for the City of McDonough’s “ROADWAY RESURFACING” PROJECT.

A Non-Mandatory Prebid Conference for this project will be held on Friday, October

16th, 2026, at 10:00 AM in the second-floor chambers at the City of McDonough City

Hall located at 136 Keys Ferry Street McDonough GA 30253. Any questions pertaining to the Contract Documents shall be in writing and are to be submitted to Falcon Design

Consultants; Attention: Glenn Athearn via email at gathearn@fdc-llc.com by 12:00 PM

Noon on Friday, October 23rd, 2026.

Sealed bids will be received by the City of McDonough at the City Hall located at 136 Keys

Ferry Street McDonough GA 30253; attention Tiffany George; until 2:00 PM on Friday, November 6th, 2026, and then publicly opened and read aloud in the second-floor chamber.

No bid may be modified, withdrawn, or canceled for a period of sixty (60) days after the time designated for the receipt of Bids or until the Bidder is notified by the City whichever is mailto:gathearn@fdc-llc.com

SECTION II

Invitation to Bid - 2 of 2 sooner. The City reserves the right to reject any and all bids and to waive irregularities, technicalities, and formalities. Award of the contract, if accepted, will be by Council action following review of the bid documents within 60 days of receipt of the bids.

Each bid shall be accompanied by a Bid security in an amount of not less than 5% of the total bid amount. The Bid Bond may be in the form of a bond issued by a surety acceptable to the

City or a cashier’s check made payable to the City of McDonough, Georgia.

The successful bidder will be required to furnish a Performance Bond and a Payment Bond, each in the sum of 100% of the total amount bid and provide insurance coverage as required in the Contract Documents.

Note: For more information, please refer to the Instruction to Bidders and the Contract

Documents, which govern and supersede this Invitation to Bid.

SECTION III

Page i

BID FORM

SEPTEMBER, 2026

Page ii

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Defined Terms

Article 8 – Bid Submittal

City of McDonough, Georgia

LMIG-2024-26558-SUP

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

City of McDonough, Georgia

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all

Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the

Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the

Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific

City of McDonough, Georgia

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means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

E. Based on the information and observations referred to in Paragraph 3.01.D above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding;

and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

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3. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following unit price(s) :

LINE-ITEM BID FORM

ITEM

NO.:

ESTIMATED

QUANTITY

UNITS DESCRIPTION

UNIT

PRICE

TOTAL

PRICE

1. 1

. 1 LS BONDS AND INSURANCE $________ $____________

2. 2

. 1 LS MOBILIZATION $________ $____________

3. 3

. 1 LS TRAFFIC CONTROL $________ $____________

4. 1 LS

DEMOLITION; COMPLETE

INCLUDING, BUT NOT LIMITED TO

ASPHALT CUTTING, REMOVAL OF

EXISTING BASE MATERIAL, HAUL

OFF OF ALL MATERIAL AND

SCARIFICATION AND COMPACTION

OF EXISTING SUBGRADE

MATERIAL, 98% MAX DRY

DENSITY STANDARD PROCTOR AT

ALL FULL DEPTH PATCH

LOCATIONS

5. 86 TN

GRADED AGGREGATE BASE; 6”

THICK; INSTALLED COMPLETE

INCLUDING, BUT NOT LIMITED TO

PLACEMENT AND COMPACTION;

98% MAX DRY DENSITY

STANDARD PROCTOR AT ALL FULL

DEPTH PATCH LOCATIONS

6. 4

. 50,577 SY MILL ASPHALTIC CONCRETE

PAVEMENT; 65 MM (2”) DEPTH

2" DEPTH

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7. 5

. 5,564 TN

RECYCLED ASPHALTIC CONC. 9.5

MM SUPERPAVE, TP I, TRAFFIC

LEVEL B AND C, INCL.

BITUMINOUS TACK COAT AND

LEVELING COURSE AS REQUIRED

8. 6

. 75 TN

RECYCLED ASPHALTIC CONCRETE

PATCHING, INCLUDING TACK

COAT, BITUMINOUS MATERIAL & H

LIME (PERMAFLEX) RECYCLED

ASPHALTIC CONC. OR

EQUIVALENT

9. 228 LF GDOT THERMOPLASTIC STRIPE; 24”

WIDE; WHITE; STOP BAR

10. 120 LF GDOT THERMOPLASTIC STRIPE; 5”

DOUBLE; YELLOW

11. 7

. 76 EA

ADJUST MANHOLE FRAME AND

COVER TO FINISHED GRADE W/

APPROVED ADJUSTABLE STEEL

EXTENSION RING

12. 7 EA

SPEED LIMITING DEVICES;

REMOVE EXISTING AND REPLACE

IN-KIND WITH NEW

13. 8

. 1 LS

PROJECT CONTINGENCY

ALLOWANCE (FOR USE BY CITY

ONLY)

$175,000.00 $175,000.00

Total Base Bid in Words:

______________________________________________________________________Dollars

In Numbers: $__________________________________________

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General

Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

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Unit Prices have been computed in accordance with Paragraph 11.03.B of the General

Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within 75 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the

General Conditions, and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 90 calendar days after the date when the Contract Times commence to run.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – DEFINED TERMS

7.01 The terms used in this Bid with initial capital letters have the meanings stated in the

Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 8 – BID SUBMITTAL

8.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

(Signature of general partner -- attach evidence of authority to sign)

A Corporation

Corporation Name:

(SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

(Signature -- attach evidence of authority to sign)

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in ______________ is

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name:

(Signature of first joint venture partner -- attach evidence of authority to sign)

Second Joint Venturer Name:

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(Signature of second joint venture partner -- attach evidence of authority to sign)

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail _____________________________________

SUBMITTED on , 20____.

GDOT Prequalification Certificate No. .

SECTION IV

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BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date: November 6th, 2026

Description (Project Name and Include Location):

CITY OF MCDONOUGH – ROADWAY RESURFACING PROJECT

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this

Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

SECTION IV

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1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the

Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of

Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States

Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such

Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

SECTION V

CONTRACTOR FURNISHED DOCUMENTS

SECTION VI

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-

91, stating affirmatively that the individual, firm or corporation that is contracting with the City of

McDonough, Georgia, has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United

States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-

603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-

91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with City of

McDonough, Georgia, contractor will secure from each subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each verification to City of McDonough, Georgia at the time the subcontractor(s) is retained to perform such service.

EEV/Basic Pilot Program* User Identification Number

BY: Authorized Officer or Agent Date

(Contractor Name)

Title of Authorized Officer of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON

THIS THE ________DAY OF ___________, 20_______

Notary Public I

My Commission Expires:________________________

*As of the effective date of O.C.G.A. 13-1 0-91, the applicable federal work authorization program is the “EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services

Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security

Administration (SSA).

RETURN THIS FORM WITH PROPOSAL DOCUMENTS

SECTION VII

SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. $1

3-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________________(name of contractor) on behalf of City of McDonough, Georgia, has registered with and is participating in a federal work authorization program*[or any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

EEV/Basic Pilot Program* User Identification Number

BY: Authorized Officer or Agent Date

(Subcontractor Name)

Title of Authorized Officer or Agent of Subcontractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS

THE _______DAY OF___________ ,20________

Notary Public

My Commission Expires:___________________

*As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services

Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security

Administration (SSA).

RETURN THIS FORM WITH PROPOSAL DOCUMENTS

SECTION VIII

FORM OF AGREEMENT

THIS AGREEMENT is by and between City of McDonough, Georgia (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract

Documents. The Work is generally described as follows: All material, labor, tools, equipment, and any other miscellaneous items necessary to complete the work as described in the Construction Drawings & Specifications.

ARTICLE 2 – THE PROJECT

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of McDonough, Georgia’s

“Roadway Resurfacing” project. The work consists of furnishing and installing all materials, labor, tools, equipment, and related services required for a complete project.

This project includes but is not limited to traffic control, asphalt milling, paving, and striping within the City limits in accordance with the Contract Documents for the City of McDonough’s “Roadway Resurfacing” project. The ITB, including the General

Conditions, Supplementary Conditions, and Contractor’s proposal in response to the

ITB, are incorporated into this contract.

ARTICLE 3 – ENGINEER (OWNER’S REPRESENTATIVE)

3.01 The Project has been coordinated by Falcon Design Consultants, LLC (Engineer), which is to act as Owner’s representative, assume all…