CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

CITY OF DALLAS

PUBLIC SERVICES

OLD ACWORTH ROAD & VETERANS DRIVE

CULVERT REPLACEMENT PROJECT

MAYOR

James Kelly

CITY COUNCIL

Nancy Arnold Chris Carter Cooper Cochran Jim Henson

Candace Callaway Leah Alls

JUNE 2026

Prepared By:

City of Dallas | Public Works | Department | 129 E. Memorial Drive | Dallas, Georgia 30132

Table of Contents

Title Section

CONTRACTING DOCUMENTS

Appendices Summary of Bid Package Contents Invitation for Bids – Legal Advertisement Instructions and Information to Bidders General Conditions Special Conditions Bid Evaluation Sheet Bidder’s Certification of Bid Bidder’s Affidavit of Noncollusion Georgia Security & Immigration Act of 2006 Georgia Security & Immigration Compliance Act Affidavit Contract Form Notice of Award Notice to Proceed Performance Bond Payment Bond

GENERAL REQUIREMENTS AND TECHNICAL SPECIFICATIONS

Price and Payment Procedures 01 20 00 Administrative Requirements 01 30 00 Submittal Procedures 01 33 00 Quality Requirements 01 40 00 Temporary Facilities and Controls 01 50 00 Execution and Closeout Requirements 01 70 00 Concrete Forming and Accessories 03 10 00 Concrete Reinforcing 03 20 00 Cast in Place Concrete 03 30 00 Soils for Earthwork 31 05 13

Aggregates for Earthwork 31 05 16 Site Clearing 31 10 00 Trenching 31 23 17 Rock Removal 31 23 18 Dewatering 31 23 19 Fill 31 23 23 Erosion Controls 31 25 13 Rip Rap 31 37 00

Aggregate Base Courses 32 11 23 Asphalt Paving 32 12 16 Soil Preparation 32 91 13 Seeding 32 92 19 Sodding 32 92 23 Public Manholes and Structures 33 05 14 Public Water Utility Distribution Piping 33 11 13 Public Pipe Culverts 33 42 14

Vehicle Barriers 34 71 13

Old Acworth Road & Veterans Drive Culvert Replacement Project Table of Contents Page 1 of 2

APPENDICES

A. Contractor’s Application for Payment B. Change Order Form C. Lien Waiver

Table of Contents Page 2 of 2

APPENDIX A-1

APPLICATION FOR PAYMENT

Old Acworth Road & Veterans Drive

Culvert Replacement Project

PROJECT NO. 2026-05

PARTIAL PAYMENT ESTIMATE NO.

OWNER:

City of Dallas

CONTRACTOR:

PERIOD OF ESTIMATE

FROM:

TO:

CONTRACT CHANGE ORDER SUMMARY

NO. APPROVAL DATE ADDITIONS DEDUCTIONS

Total:

Net Change:

1. Original Contract ......................................................................................................................... $ _______________________________

2. Change Orders ............................................................................................................................. $ _______________________________

3. Revised Contract (1+ 2) ............................................................................................................... $ _______________________________

4. Work Completed* ........................................................................................................................ $ _______________________________

5. Stored Materials* ......................................................................................................................... $ _______________________________

6. Subtotal (4+5) .............................................................................................................................. $ _______________________________

7. Retainage* ................................................................................................................................... $ _______________________________

8. Previous Payments ....................................................................................................................... $ _______________________________

9. Amount Due (6 - 7) ...................................................................................................................... $ _______________________________

*Detailed Breakdown Attached

CONTRACT TIME

CONTRACTOR'S CERTIFICATION:

The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates were issued and payments received from the owner, and that current payment shown herein is now due.

Date: ___________________________,2026 CONTRACTOR: _______________________________________________________

BY: ________________________________________________________

CITY ENGINEER'S CERTIFICATION:

The undersigned certifies that the work has been carefully inspected and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents.

Date: __________________________ ,2026 CITY ENGINEER: _____________________________________________________

BY: ______________________________________________________

Date: __________________________ , 2026 OWNER: ______________________________________________________

BY: _______________________________________________________

Original (days) _________________________________________

Revised _________________________________________________

Remaining ____________________________________________

Starting Date ___________________________________________

Project Completion Date _________________________________

APPENDIX A-2

CHANGE ORDER NO. 1 Consisting of One (1) Pages

PROJECT: Old Acworth Road & Veterans Drive Culvert Replacement Project DATE OF ISSUANCE:_____________

OWNER: City of Dallas

OWNER’S PROJECT NO.: 2026-05

CONTRACTOR:

You are directed to make the following changes in the Contract Documents.

Purpose of Change Order:

Attachments:

CHANGE IN CONTRACT PRICE:

Original Contract Price: $

CHANGE IN CONTRACT TIME:

Original Contract Time:

consecutive calendar days from effective date of NTP.

PREVIOUS CHANGE ORDERS:

NET CHANGES FROM PREVIOUS CHANGE ORDERS:

CONTRACT PRICE PRIOR TO

CHANGE ORDER NO. 1: $

CONTRACT TIME PRIOR TO CHANGE ORDER NO. 1:

consecutive calendar days from effective date of NTP.

NET INCREASE OF C.O. NO. 1: $ NET INCREASE/DECREASE:

REVISED CONTRACT PRICE

WITH CHANGE ORDER NO. 1: $

REVISED CONTRACT TIME WITH ALL APPROVED

CHANGE ORDERS:

consecutive calendar days from effective date of NTP.

APPROVED BY CONTRACTOR: APPROVED BY OWNER:

Contractor Date City of Dallas Date

APPENDIX A-3

Lien Waiver

STATE OF GEORGIA

COUNTY OF PAULDING

TO WHOM IT MAY CONCERN:

WHEREAS, the undersigned has been employed by City of Dallas for the construction of the Old Acworth Road & Veterans Drive Culvert Replacement Project of which City of Dallas is the owner.

The undersigned hereby certifies that all work required under the above contract has been performed in accordance with the terms thereof, that all material men, subcontractors, mechanics and laborers have been paid and satisfied in full, and that there are no outstanding claims of any character arising out of the performance of the contract which have not been paid in full and satisfied in full. The undersigned further certifies to the best of his knowledge and belief there are no unsatisfied claims for damages resulting from injury or death to any employees, subcontractors or the public arising out of the performance of the contract, or any suits or claims for damages of any kind, nature or description which might constitute a lien upon the property of the Owner.

Company

Signature Title

PERSONALLY appeared before me this ________ day of ______ , _________ .

_______________________ , who under oath deposes that they have read the above statement and that to the best of their knowledge and belief same is an exact true statement.

(Notary Public)

My Commission Expires: ______________

Invitation For Bids for

Old Acworth Road & Veterans Drive Culvert Replacement Project fo r

City of Dallas 129 East Memorial Drive

Dallas, Georgia 30132

June 25, 2026

The City of Dallas (hereafter referred to as the “City”) is soliciting competitive sealed bids from qualified contractors for the performance of the Old Acworth Road & Veterans Drive Culvert Replacement Project (the “Project”), as more fully described in the Invitation for Bids. The scope of work includes the provision by the Contractor of all labor, materials, equipment, tools, transportation, and supplies necessary to complete the work. The Project will be “turn key” and require minimal involvement of City personnel.

The Old Acworth portion of the Project shall include the removal of approximately 30 linear feet (LF) of 36” corrugated metal pipe (CMP) and 721 square feet (SF) of roadway pavement. The Project will also include the installation of approximately 33 LF of double barrel 48” reinforced concrete pipe (RCP), two straight headwalls/retaining walls, approximately 35 LF of 6” ductile iron pipe (DIP) water main replacement, installation of 721 square feet (SF) of roadway pavement, and grading and erosion control associated with the installation of these items. The work will be installed in The City of Dallas and the neighboring residential areas adjacent to Old Acworth Road by open cut methods as required and shown on the plans and specifications for the Old Acworth Road & Veterans Drive Culvert Replacement Project, prepared by RINDT, Inc., Meg Mbugua, P.E. dated 4/08/2024.

The Veterans Drive Portion of the project shall include the removal of approximately 90 linear feet (LF) of 24” CMP and 2635 square feet (SF) of roadway pavement. This project will also include the installation of approximately 43 linear feet (LF) of double barrel 60” reinforced concrete pipe (RCP), two concrete headwalls with wingwalls, installation of approximately 33 LF of 8” ductile iron sanitary sewer, raising approximately 180 LF of roadway, 3,504 SF of roadway pavement, and grading and erosion control associated with the installation of these items. The work will be installed in The City of Dallas and the neighboring residential area adjacent to Veterans Drive by open cut methods as required and shown on the plans and specifications for the Veterans Drive Culvert Replacement Project, prepared by RINDT Inc., Meg Mbugua, P.E. dated 4/08/2024.

All work will be performed within City easements and/or inside public right of way. All anticipated federal, state, and local permits required for the Project have been obtained.

All anticipated rights of way and easements required for the Project have been obtained.

Bids will be received by the city at its Administrative Offices located at 129 East Memorial Drive, Dallas, Georgia 30132 until the date and time listed below. Bids shall be sealed and mailed or delivered to the city so that they are received no later than the date and time listed below. Bids received after this time will not be accepted.

Bids shall be received by 10:00 a.m., local time, on Thursday, July 30, 2026.

All prospective bidders must hold a current Georgia Utility Contractors License.

All bids must be accompanied by adequate bid security (certified check, bid bond, or irrevocable letter of credit) drawn in favor of the City and in the amount of five percent (5%) of the total bid price, which shall be subject to forfeiture as liquidated damages in the event that the bid be accepted and the bidder fail to promptly enter into the proposed contract for performance of the Project with the City.

Award may be made to the lowest responsible and responsive bidder; however, the City reserves the right to reject all bids or any bid that is nonresponsive or submitted by a non-responsible bidder. The City reserves the right to waive technicalities and informalities in the Invitation for Bids and bids submitted.

Instructions and Information to Bidders for

Invitation For Bids

1. General. The following sections contain information and instructions pertaining to the proper form and method for submission of bids, the procurement and return of Contract Documents, requirements or conditions which are unusual or of special importance, requirements as to surety and insurance, and provisions relating to the award of the Old Acworth Road & Veterans Drive Culvert Replacement Project (the “Project”). Technical specifications and drawings, herein after referred to as “Construction Documents”, have been prepared by RINDT, Inc., herein after referred to as the “City Engineer”.

2. Scope of Work. The Invitation for Bids seeks competitive sealed bids from qualified contractors for performance of the Project. The scope of work includes the provision by the Contractor of all labor, materials, equipment, tools, transportation, and supplies necessary to provide a complete and functioning product as described by the Contract Documents including Construction Documents for the Project. All services will be "turn key" and require minimal involvement of City personnel. The Contractor is responsible for verifying the dimensions of the existing conditions.

The Old Acworth portion of the Project shall include the removal of approximately 30 linear feet (LF) of 36” corrugated metal pipe (CMP) and 721 square feet (SF) of roadway pavement. The Project will also include the installation of approximately 33 LF of double barrel 48” reinforced concrete pipe (RCP), two straight headwalls/retaining walls, approximately 35 LF of 6” ductile iron pipe (DIP) water main replacement, installation of 721 square feet (SF) of roadway pavement, and grading and erosion control associated with the installation of these items. The work will be installed in The City of Dallas and the neighboring residential areas adjacent to Old Acworth Road by open cut methods as required and shown on the plans and specifications for the Old Acworth Road & Veterans Drive Culvert Replacement Project, prepared by RINDT, Inc., Meg Mbugua, P.E. dated 4/08/2024.

The Veterans Drive Portion of the project shall include the removal of approximately 90 linear feet (LF) of 24” CMP and 2635 square feet (SF) of roadway pavement. This project will also include the installation of approximately 43 linear feet (LF) of double barrel 60” reinforced concrete pipe (RCP), two concrete headwalls with wingwalls, installation of approximately 33 LF of 8” ductile iron sanitary sewer, raising approximately 180 LF of roadway, 3,504 SF of roadway pavement, and grading and erosion control associated with the installation of these items. The work will be installed in The City of Dallas and the neighboring residential area adjacent to Veterans Drive by open cut methods as required and shown on the plans and specifications for the Veterans Drive Culvert Replacement Project, prepared by RINDT Inc., Meg Mbugua, P.E. dated 4/08/2024.

Instructions to Bidders Page 1 of 7

3. Procurement and Return of Contract Documents. Copies of a complete bid package, including the contractual requirements, required bid forms, and a full set of Construction Documents, may be obtained on the City of Dallas website, please visit Bids and RFP's | Dallas, GA (dallasga.gov)

4. Preparation and Submittal of Bids. Separate, sealed bids will be received by the city in response to the Invitation for Bids for the Old Acworth Road & Veterans Drive Culvert Replacement Project. Bids shall be addressed to the City of Dallas, 129 East Memorial Drive, Dallas, Georgia 30132, as outlined in the Invitation for Bids, and submitted on the bid forms furnished to the bidder as part of these documents and in the manner designated.

The bidder shall place his name, address, and Georgia Utility Contractor’s License number in the upper left-hand corner of his bid envelope. The bidder shall identify this Invitation for Bids by placing the following information on the front center of each bid envelope:

City of Dallas:

Old Acworth Road & Veterans Drive Culvert Replacement Project

The Bid Evaluation Sheet, Bidder’s Certification, and Bidder’s Affidavit of Noncollusion must be completely filled in and executed by the bidder. On the Bid Evaluation Sheet, the bidder shall state a LUMP SUM PRICE for completion of the Project and the scope of work in its entirety, showing the total bid amount in both numbers and words.

Each bid submittal shall contain the following:

_____ a. Bid Evaluation Sheet

_____ b. Bidder’s Certification of Bid

_____ c. Bidder’s Affidavit of Noncollusion

_____ d. Copy of Bidder’s Georgia Utility Contractor’s License

_____ e. Bid bond, certified check, or letter of credit in the amount of five percent (5%) of the total bid amount. Bids received without the appropriate bid security will not be considered.

_____ f. E-Verify Contractor Affidavit and Agreement

The TOTAL LUMP SUM BID AMOUNT must be included on both the Bid Evaluation Sheet and the Bidder’s Certification of Bid.

5. Questions Regarding Contract Documents. In general, no answer will be given to an oral question if the answer involves an interpretation of the intent or meaning of

Old Acworth Road & Veterans Drive Culvert Replacement Project Instructions to Bidders Page 2 of 7 http://dallasga.gov/ any part of this Invitation for Bids. Any information given to bidders other than by means of the bid package or by addenda as described below is given informally and shall not be used as the basis of a claim against the City.

To receive consideration, questions shall be submitted by e-mail to Brandon Rakestraw, Public Works Director, at brakestraw@dallas-ga.gov , no later than July 24th, 2026. The City will then issue written responses to bidders at the addresses given by them (including by e-mail, if deemed most expedient by the City) on or about four (4) days before the date set for the opening of bids, addressing all questions so raised which in its opinion require interpretation. There shall be no verbal communication regarding this Invitation for Bids between any bidder and the City or any of its employees or agents until the City has opened and verbally read all bids.

6. Bid Security. Each bid shall be accompanied by a bid bond, certified check, letter of credit, or other acceptable collateral in the amount of five percent (5%) of the TOTAL LUMP SUM BID AMOUNT, payable to the City of Dallas.

Bid bonds must be issued by a surety licensed and authorized to do business in the State of Georgia. Surety companies executing bid bonds must appear on the U.S. Treasury Department’s most current Circular 570 list.

7. Utility Contractor’s License. The Contractor shall provide the Owner with a copy of his Georgia Utility Contractor’s License as required by the State Construction Industry Licensing Board in O.C.G.A. 43-14-8.2. A true and correct copy of said license shall be included with the bid and enclosed within the sealed bid envelope.

The Utility Contractor’s (UC) License must be issued in the name of the company submitting the bid. An individual’s Utility Manager’s License will not satisfy this requirement.

8. Approved Contractor List. <Not Applicable>

9. Withdrawal of Bids. Bids may be withdrawn at any time prior to the designated time for the opening of bids. No bid may be withdrawn within sixty (60) days after the date of the opening thereof, unless otherwise allowed by state law.

10. Receiving and Opening Bids. Separate, sealed bids, together with appropriate bid security as required by Section 6 above, addressed to the City of Dallas, and endorsed to:

City of Dallas Old Acworth Road & Veterans Drive Culvert Replacement Project

Bids will be received at the City’s Administrative Offices until the time and date as set forth in this Invitation for Bids and the legal notice for the contract being bid, at which time all properly received bids shall be publicly opened and read.

Instructions to Bidders Page 3 of 7 mailto:brakestraw@dallas-ga.gov

Each bidder is solely responsible for making sure his bid is received by the city prior to the designated deadline for submission of bids. Any bid received after the designated deadline for submission of bids shall be returned to the bidder unopened.

11. Comparison of Bids. Bids will be compared on the basis of the total lump sum bid amount set forth on each properly received bid evaluation sheet and bidder’s certification of bid, which shall be the same total amount. In the event that there is a discrepancy between the total lump sum bid amount written in numbers and words, the total lump sum bid amount written in words shall govern. In the event that there is a discrepancy between the total lump sum bid amount set forth on the bid evaluation sheet and the bidder’s certification of bid, the total lump sum bid amount shown on the bid evaluation sheet shall govern.

12. Awarding and Execution of Contract. If the City determines that a satisfactory responsive bid has been received from a responsible bidder and it is in the best interest of the City to proceed with an award of the Project made the subject of this Invitation for Bids, then the City, by proper resolution of its City Council, may award a contract for the Project to the lowest responsible bidder within sixty (60) days of the date of opening of the bids.

The bidder to whom the award is made shall execute the contract and deliver or mail it, together with the required performance and payment bonds and properly executed insurance certificates, to the office of the City within ten (10) days of the mailing thereof to him at the address given in his bid submittal.

13. Contractor to Be Satisfactory to City. The contract for the Project solicited under this Invitation for Bids will not be awarded to any bidder who has failed in any contractual obligations to the City or to any of the subdivisions or municipalities of the State of Georgia, or who has on any previous contract performed in a manner unsatisfactory to the City, either as to the character of the work, the fulfillment of guarantees or the time consumed in its completion.

The three (3) low bidders shall, upon written request and prior to the letting of a contract, furnish the Owner with the following information:

A statement of his experience, including a list of projects for which he or his firm was a responsible contractor or subcontractor. Such lists shall indicate the name or identification and location of each project, the year it was completed, a brief description and the approximate dollar value of the work for which he was responsible.

In order to be awarded the contract for performance of the Project, the Contractor must be satisfactory to the City in terms of the responsiveness of the bid and responsibility of the bidder.

Instructions to Bidder Page 4 of 7

In determining the responsiveness of a bid, the city may consider:

(a) The completeness and regularity of the Bid Evaluation Sheet and required submittals; and

(b) Whether the Bid Evaluation Sheet and required submittals are without exclusions, excisions, or special conditions.

In determining whether a bidder is responsible, the city may consider:

(a) Whether the bidder maintains a permanent place of business;

(b) Whether the bidder has adequate plant and equipment to do the work properly and in a timely fashion;

(c) Whether the bidder has prior experience with projects of similar size and scope;

(d) The bidder’s quality of work, including but not limited to character of work, fulfillment of guarantees, and timeliness of performance;

(e) The bidder’s general reputation in the community;

(f) The bidder’s previous employment on public works projects, including but not limited to:

i. Any evidence of prior failure in any contractual obligations to the Owner or any other governmental entity;

ii. Any evidence of non-compliance with property limits or conditions, including but not limited to trespass or property damage; and

iii. Any evidence of poor or improper compliance with soil erosion and sedimentation control regulations

(g) The bidder’s financial responsibility, including but not limited to whether the bidder has adequate financial status to meet his obligations contingent to the work;

(h) Whether the bidder has a Georgia Utility Contractor’s License in its company name; and

(i) Whether the bidder is able to satisfy the bonding and insurance requirements set forth in this Invitation for Bids.

14. Information Not Guaranteed. It is understood and agreed that the Owner does not warrant or guarantee the materials and conditions encountered during performance of the Project. The Contractor shall be responsible for investigating the Project site and satisfying himself regarding the character, quantities, and conditions of the various materials and work to be done. The Contractor assumes the risk of all discrepancies between the information given and the actual conditions encountered.

Instructions to Bidders Page 5 of 7

It is further understood and agreed that the bidder or the Contractor will not use any of the information made available to him, or obtained in any examination made by him, in any manner as a basis or ground of claim or demand of any nature against the City, arising from or by reason of any variance which may exist between the information offered and the actual materials or structures encountered during the work.

15. Change Orders. The City reserves the right to negotiate and issue change orders to provide for additional work that is not contemplated by this Invitation for Bids and the Construction Documents for the Project but is required for the satisfactory completion of the general scope of work set forth in this Invitation for Bids and the contract to be awarded pursuant hereto. Change orders may be negotiated and issued to the Contractor when appropriate and necessary in the performance of the scope of work provided by this Invitation for Bids and required by the contract for performance of the Project.

16. Rock. If the Contractor encounters “rock”, he shall immediately notify the City or its Representative (Construction Observer for observation). However, rock will not be paid for as an extra and shall be included in the Contractor’s Lump Sum Bid proposal.

17. Rejection of Bids. The City reserves the right to reject all bids or any bid that is nonresponsive or submitted by a non-responsible bidder. The City reserves the right to waive technicalities and informalities in the Invitation for Bids and bids submitted.

18. Jurisdiction and Venue Provision. The parties hereto consent that venue and jurisdiction for any controversy or litigation concerning this agreement, bid or dispute and all documents or contract(s) concerning this matter must be asserted in and determined by the Superior Court of Paulding County, Georgia. (The parties hereto also waive any right to object to venue and jurisdiction for any litigation concerning this Agreement which must be asserted in and determined by the Superior Court of Paulding County, Georgia.) The parties also agree and consent that this Agreement and any controversy or litigation concerning this Agreement must be construed and determined pursuant to the Laws of the State of Georgia.

19. Attorney’s Fees. For any matter subject to final resolution under the article, the prevailing party shall be entitled to an award of its reasonable attorney’s’ fees uncured in the final resolution proceedings, in a reasonable amount to be determined in the discretion of the court of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result.

Instructions to Bidders Page 6 of 7

20. Immigration Compliance. Each bidder shall certify its compliance with the Georgia Security and Immigration Compliance Act of 2006 and the Employment Eligibility Verification (EEV)/Basic Pilot Program operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security as the electronic federal work authorization program (E-Verify) to be utilized for these purposes. Such certification shall be included with the bid submittal. Any subcontractor engaged by the successful contractor shall also provide such certification as required by law and in a form satisfactory to the City prior to performing any work on the Project.

END OF SECTION – REMAINDER OF PAGE BLANK

Acworth Road & Veterans Drive Culvert Replacement Project Instructions to Bidders Page 7 of 7

General Conditions

Section 1 – Purpose.

The City of Dallas (the “City”) is soliciting competitive sealed bids from qualified contractors for performance of the “Project”, defined in the Instructions and Information to Bidders.

Section 2 – Scope of Work.

The scope of work includes the provision by the Contractor of all labor, materials, equipment, tools, transportation, and supplies necessary to provide a complete and functioning product as described by the Instructions and Information to Bidders and Contract Documents including Construction Documents for the Project. All services will be "turnkey" and require minimal involvement of City personnel. The Contractor is responsible for verifying the dimensions of the existing conditions.

Section 3 – Definitions and Terms.

A. Parts of Contract Documents. The following documents and drawings, collectively referred to as the Contract Documents, are all made parts of this Contract and supplement each other for all purposes related to the Project:

1. Invitation for Bids for the Project, including all addenda issued prior to the time of the opening of the bids;

2. Construction Documents;

3. All documents submitted by the Contractor in response to the Invitation for Bids;

4. Instructions and Information to Bidders;

5. General Conditions;

6. Special Conditions;

7. Contract between the City and the Contractor;

8. All approved change orders;

9. Performance Bond;

10. Payment Bond; and

11. Certificates of Insurance Coverage.

General Conditions Page 1 of 18

B. Titles Not to Limit Text. The titles of headings of the various sections, divisions, paragraphs, subparagraphs, drawings, table of contents, and/or indexes used in any part of the Contract Documents hereinbefore listed as a part of this Contract are for convenience of reference only and are not intended to limit, and shall not be construed as in any way limiting, the application or meaning of the text.

Section 4 – Contract Price.

A. Lump Sum Contract Amount. The Contractor agrees to fully and faithfully perform all work required or necessary to complete performance of the Project as set forth in the Contract Documents for the lump sum price set forth in the Contract between the City and the Contractor.

B. Change Orders. The City reserves the right to negotiate and issue change orders to the Contractor, without the necessity of obtaining any additional bids, when appropriate or necessary in the performance of the Contract and completion of the Project. The final Contract price may be increased or decreased based on approved change orders negotiated between the parties and executed in writing by both parties hereto.

Section 5 – Contract Term.

A. Notice to Proceed. The Contractor shall commence performance of work under the Contract within ten (10) days of receipt of the written Notice to Proceed from the City.

B. Time for Performance. The Contractor shall have the number of consecutive calendar days from the date specified in the Notice to Proceed and defined in Special Conditions to complete the Project.

C. Time is of the Essence. Time is of the essence of the Contract. The Contractor shall faithfully, continuously, and expeditiously undertake all work required under the Contract until completion and acceptance of the Project by the City and in such a manner as to complete the Project within the specified time for Performance period given in Special Conditions.

D. Extension of Time. Extension of time may be granted in the sole discretion of the City for ordinary delays, inclement weather, and accidents; however, the Contractor expressly acknowledges that the occurrence of such will generally not relieve the Contractor from the necessity of maintaining the required rate of progress to timely complete the Project.

If delays are caused by acts of God, acts of government, strikes, extra work, floods, war, terrorism, or other contingencies clearly beyond the control or responsibility

General Conditions Page 2 of 18 of the Contractor, the Contractor shall be entitled to a reasonable time extension to perform and complete this Contract.

E. Liquidated Damages. If the Contractor fails to satisfactorily complete the entire work contemplated and provided for under the Contract on or before the date of completion determined as described above, the Owner shall be entitled to deduct from the payment due the Contractor the amount per day specified in Special Conditions for each calendar day (Sundays and legal holidays excluded) of delay, which sum is agreed upon not as a penalty, but as fixed and liquidated damages for each day of such delay. If the payments due to the Contractor are less than the amount of such liquidated damages, said damages shall be deducted from any other moneys due or to become due the Contractor and the balance, if any, paid to the Contractor. If the liquidated damages exceed the amount of all moneys due or to become due to the Contractor, then the Contractor or his surety shall pay the excess balance to the Owner.

Section 6 – Performance and Payment Bonds.

A. Bonding Requirements Generally. The Contractor shall be required to provide the City with performance and payment bonds in an amount equal to 100 percent of the Contract Price, based on the lump sum bid submitted by the Contractor. The performance and payment bonds shall comply in all respects with the requirements of the Georgia Local Government Public Works Construction Law, as set forth in O.C.G.A.§ 36-91-1, et seq. The performance and payment bonds shall be issued by a surety approved by the City and in a form acceptable to the City, naming the City as obligee.

Sample performance and payment bonds are included in the bid package.

B. Performance Bond. The performance bond shall secure the faithful performance of the Contract and indemnify the City for any damages occasioned by a failure to perform the Contract within the prescribed time. The performance bond shall be payable to, in favor of, and for the protection of the City.

C. Payment Bond. The payment bond shall be payable to the City and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract.

D. Duration of Bonds. The performance and payment bonds shall be kept effective and in full force throughout the entire Contract and for one (1) year after completion and final acceptance of the Project. The bonds shall serve as a guarantee of the function and workmanship of the work performed by the Contractor. The bonds shall make the Contractor’s surety responsible for underwriting the work against faulty workmanship or defective materials. Final acceptance of the work shall not

General Conditions Page 3 of 18 relieve the surety of responsibility for a period of one (1) year after final acceptance of the Project by the City.

E. Changes Not to Affect Bonds. It is specifically agreed and understood that any changes made in the Contract Documents for the Project (whether such changes increase or decrease the amount thereof) or any change in the manner or the time of payments to be made by the Owner to the Contractor shall in nowise annul, release, or affect the liability of the surety on the performance and payment bonds given by the Contractor.

F. Default. If, after written notice of default, the Contractor fails to cure any default within ten (10) days of written notice thereof, the City shall be entitled to demand payment in the form of a draw against the bond or letter of credit, by submitting a signed statement to the surety or the bank certifying any of the following conditions of default:

1. The Contractor has failed, in any regard, to comply with the Contract Documents;

2. The Contractor has failed, in any regard, to comply with the City’s Design and Performance Standards and/or Rules and Regulations; or

3. The Contractor has failed to complete the Contract in a timely fashion.

Section 7 – Insurance Requirements.

The Contractor shall be required to maintain and provide proof of insurance throughout the term of the Contract. Without restricting the obligations or liability of the Contractor under the Contract, the Contractor shall, at his own cost and expense, carry and maintain insurance of the types and amounts listed below:

A. Worker’s Compensation Insurance, as required by the laws of the State of Georgia;

B. Contractor’s Direct Bodily Injury Liability Insurance;

C. Contractor’s Direct Property Damage Liability Insurance, including collapse, blasting, explosion, and underground damages;

D. Contractor’s Protective Bodily Injury Liability Insurance;

E. Contractual Bodily Injury Liability Insurance, covering the liability assumed by the Contractor;

F. Contractual Property Damage Liability Insurance, covering the liability assumed by the Contractor;

General Conditions Page 4 of 18

G. Bodily Injury Liability Insurance, covering all motor vehicles owned by the Contractor and all motor vehicles not owned by the Contractor while such vehicles are being operated in connection with the prosecution of the work under the contract with the City; and

H. Property Damage Liability Insurance, covering all motor vehicles owned by the Contractor and all motor vehicles not owned by the Contractor while such vehicles are being operated in connection with the prosecution of the work under the contract with the City.

All Bodily Injury Liability Insurance shall be provided with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000.00) per person and One Million Dollars ($1,000,000.00) per accident.

All Property Damage Liability Insurance, except that covering motor vehicles, shall be provided with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000.00) per accident, and, subject to such limit per accident, One Million Dollars ($1,000,000.00) on account of all accidents. Property Damage Liability Insurance covering the operation of motor vehicles shall be provided with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000.00) per accident.

All policies shall be so written that the Owner will be notified of cancellation or restrictive amendment at least ninety (90) days prior to the effective date of such cancellation or amendment. Certificates in triplicate from the insurance carrier, stating the limits of liability and expiration date, shall be filed with the Owner at the time of execution of the Contract.

Such certificates shall not merely name the type of policy provided, but shall specifically refer to the Contract and this requirement, and state that such insurance is as required hereby.

All policies shall specifically name the Owner and City Engineer as an additional Insured, which shall also be indicated on the certificates of insurance coverage.

Section 8 – Contractor Information.

A. Legal Address of Contractor. Both the address given in the bid submitted by the Contractor and the Contractor’s office at or near the site of the work are hereby designated as places to either of which notices, letters, and other communications to the Contractor shall be certified, mailed, or delivered. The delivering or depositing in a postpaid wrapper, in any post office box regularly maintained by the United States Post Office, or any notice, letter, or other communication directed to the Contractor at either such address shall be deemed sufficient service thereof upon the Contractor, and the date of said service shall be the date of such delivery or mailing. The first named address may be changed at any time by an instrument in writing, executed and acknowledged by the Contractor and delivered to the City.

Nothing herein contained shall be deemed to preclude or render inoperative the service of any notice, letter, or communication upon the Contractor personally.

General Conditions Page 5 of 18

B. Twenty-Four Hour Contact. The Contractor shall at all times during the term of the Contract provide the City with the name and current phone numbers for a twenty-four (24) hour a day contact. Said contact shall be an authorized agent of the Contractor with authority to initiate, direct, and control the work of the Contractor, including the Contractor’s own crews and any approved subcontractors.

The inability of the City to reach the Contractor’s required 24-hour contact may be deemed a default or breach of Contract by the Contractor.

Section 9 - Prosecution and Progress of Work.

A. Duty to Employ Sufficient Labor and Equipment. The Contractor shall have a continuing duty to employ sufficient labor and equipment to insure the proper and timely completion of the Project. If the Contractor is not, in the opinion of the Owner, employing sufficient labor or equipment to complete the Project within the time specified, the Contractor shall, upon request by the Owner, employ such additional labor and equipment as may be necessary to enable the work to progress properly.

B. Character of Workmen and Equipment. The Contractor shall employ such workmen as are careful and competent. No minors shall be employed by the Contractor.

The Owner may, in writing, demand the dismissal of any person or persons employed by the Contractor in, about, or upon the work who shall misconduct himself or be incompetent or negligent in the performance of his or her duties or neglect or refuse to comply with directions given. Any such person or persons shall not be employed again thereon without the written consent of the Owner. Should the Contractor continue to employ, or again employ, such person or persons, the Owner may withhold all payments which are or may become due to the Contractor.

C. Night Work. No night work shall be permitted on the Project, except in case of emergency and then only to such an extent as is absolutely necessary.

D. Work on Sunday and Holidays. No Sunday work will be permitted, except in case of great emergency and then only upon written notification of the Owner.

The Contractor shall not allow any work to be done under this Contract on legal holidays, except upon written notification to the Owner. Any request by the Contractor to work on a legal holiday shall be submitted in writing to the Owner at least 48 hours in advance.

General Conditions Page 6 of 18

Section 10 – Control of Work.

A. Subcontractors to Be Approved by the Owner.

The Contractor shall submit in writing to the Owner immediately after the signing of the Contract full information as to what portions of the work he proposes to subcontract, if any, and to whom he proposes to subcontract them.

It is hereby mutually agreed that the Owner shall have the right to disapprove of any subcontractor, in which event the Contractor shall employ an approved subcontractor or do the work himself; or to disapprove of the performance of any portion of the work under subcontract, in which event the Contractor shall do the work himself. The Contractor agrees that the approval of such subcontracting of work or of subcontractors shall in nowise lessen the Contractor’s responsibility for strict compliance with all provisions of the Contract.

The Owner will not deal with any subcontractor.

B. No Subletting or Assignment. The Contractor shall give his personal attention constantly to the faithful prosecution of the work, shall keep the same under his personal control, and shall not assign by power of attorney or otherwise, nor subcontract the work or any part thereof without the previous written consent of the Owner, and shall not either legally or equitably assign any of the moneys payable under the Contract, or his claim thereto, unless by and with the like consent of the Owner and the surety on the performance and payment bonds.

C. Absence of Contractor. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, order may be given by the Owner and shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which orders are given.

D. Interference with and Protection of Streets and Waterways. The Contractor shall not close or obstruct any portion of a street, road, private way, waterway, or river, without obtaining permits to do so from the proper authorities. The Contractor shall place, and at all times keep, proper guards and, at night, suitable and sufficient warning lamps for the prevention of accidents; shall furnish watchmen to direct traffic where required to protect life or property; and shall observe police regulations and local ordinances. If any such way shall be rendered unsafe by the Contractor’s operations, he shall make such repairs or provide such temporary ways or guards as necessary.

E. Sanitary Regulations. The Contractor shall provide adequate sanitary conveniences for the use of those employed on the work, and their use shall be strictly enforced. Such conveniences shall be made available when the first employees arrive on the work, shall be constructed and maintained at such points

General Conditions Page 7 of 18 and in such manner as may be approved and shall be removed after departure of the last employees from the job.

During performance of the work, the Contractor shall keep the property and the surrounding areas free from the accumulation of waste materials or rubbish caused by the Contractor's operations. If the Contractor fails to keep the site clean, the Owner may do so at the expense of the Contractor.

The Contractor shall rigorously prohibit the committing of nuisances upon the lands of the Owner or others, about the works, or upon adjacent property.

F. Protection of Materials and Equipment. Materials and/or equipment to be incorporated in the work shall be properly housed or otherwise protected from corrosion and damage so as to ensure the preservation of their finish, quality, and fitness for the work. Where considered necessary to secure proper protection, the materials shall be placed on racks, platforms, or hard clean surfaces not subject to surface drainage. Factory finished items shall be stored above ground, covered, individually sealed, or housed indoors as required. Materials not properly stored, housed and maintained in condition for service as intended will neither be paid for as stored materials nor as materials incorporated in the work

G. Access to Work. The Owner and its representatives, agents, and employees may, for any purpose, enter upon the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities for said entry.

Representatives of the appropriate State and federal regulatory agencies and the local governing body shall be provided access to the work during normal working hours.

H. Inspection. All materials and workmanship shall be subject to inspection. The Contractor shall afford every reasonable facility for inspecting the material and work at all times, on the site of performance, even to the extent of uncovering or taking down portions of finished work upon order.

I. Mistakes of Contractor. The Contractor shall pay to the Owner all expenses, losses, and damages incurred in consequence of any defect, omission, or mistake of the Contractor or his employees for the making good thereof.

J. Precautions During Adverse Weather. During adverse weather, the Contractor shall take all necessary precautions so that the work may be properly done and satisfactory in all respects. The Owner may suspend operations of the Contractor at any time when, in the Owner’s judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather may be in any season.

K. Obligation to Pay for Labor and Materials. The Contractor shall pay for all materials furnished and services rendered for the performance of the Contract, and any

General Conditions Page 8 of 18 person, firm, or corporation furnishing such materials or rendering such services may maintain an action to recover for the same against the Contractor and his surety, or either of them. If so, requested by the Owner, the Contractor and his subcontractors shall furnish lien waivers or certified statements from any party furnishing materials or rendering services in connection with the Project, verifying that said party has been paid in full.

L. Stoppage of Work. If the work to be done under the Contract shall be abandoned, or if the Contract or any part thereof shall be subcontracted without the previous written consent of the Owner, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the Owner’s representative shall be of the opinion and shall so certify in writing that the conditions herein specified as to the rate of progress are not fulfilled, or that the work or any part thereof is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of the Contract, the Owner may notify the Contractor by a written order with a copy mailed to the home office of the surety to discontinue all work, or any part thereof; and thereupon the Contractor shall discontinue such work or such part thereof as the Owner designates, and the Owner may thereupon, by contract or otherwise, as it may in its best interest determine, complete the work or such part thereof and charge the entire expense of so completing the work or any part thereof to the Contractor or his surety.

M. Oral Modification. No oral statement of any person whomsoever in any manner or degree shall modify or otherwise affect the terms of the Contract.

Section 11 – Electrical and Water Supply Needs.

A. Electrical Energy. If available, the Contractor shall have access to 120-V power from outlets on site at no charge. If other types of power are needed the Contractor shall make all necessary applications and arrangements and pay all fees and charges for electrical energy for power and light required for the proper completion of the Contract during its entire progress. The Contractor shall provide and pay for all temporary wiring, switches, connections, and meters.

Section 12 – Inspection and Correction of Work.

A. Right of Inspection.