Pavement Repairs and Site Improvements at the City of Duluth Public Safety Building

Instructions to Bidders

April 20, 2026

City of Duluth

3167 Main Street

Duluth, Georgia 30096

Advertisement for Bids Pavement Repairs and Site Improvements at the City of Duluth Public Safety Building

The City of Duluth is accepting sealed bids from qualified contractors to provide all necessary labor, material and equipment necessary to perform pavement repairs (including full depth reclamation), sidewalk and concrete stair removal and replacement, striping, drainage improvements, and other similar work at the City of Duluth’s Public Safety Building located at 3276 Buford Highway, Duluth, GA 30096. All work shall be in accordance with the specifications, the applicable drawings and subject to the terms and conditions of this contract.

All sealed bids will be received by the City of Duluth City Clerk, 3167 Main Street, Duluth, Georgia 30096, until 1:45 P.M. local time on Tuesday, May 26, 2026. Bids received after the stated time will not be accepted. Bids will be opened publicly and read aloud on Tuesday, May 26, 2026 at 2:00 P.M. on the second floor of Duluth City Hall, 3167 Main Street, Duluth GA 30096, in the Executive Conference Room. The bid envelope must be marked on the outside with the following information:

City of Duluth Pavement Repairs and Site Improvements at Public Safety Building Date and Hour of Bid Opening Company Name

Winning contractor will be required to provide an Eighteen-month (18) warranty on all work completed.

Pre-Bid Conference will be held at City of Duluth Public Safety Building – 3276 Buford Hwy, Duluth, GA 30096, on Thursday, May 7, 2026 at 10:00 A.M.

Full Invitation to Bid is available on the City of Duluth website, www.duluthga.net under the heading “Notices and RFP’s”

Full Invitation to Bid is also available for viewing at the Duluth Public Works Department, 2450 Main Street, Duluth, Georgia 30097.

Contract will be awarded, if at all, within sixty (60) calendar days after opening of the proposal.

Deadline for questions is Thursday, May 14, 2026 at 5 P.M. Submit all questions to Kevin Hendrix, PE, of Pond & Company at HendrixK@Pondco.com. No phone calls will be accepted.

The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is ninety (90) calendar days from the date of the “Notice to Proceed”.

All bids shall be accompanied by a bid bond in favor of the City, in the amount of five percent (5%) of the total bid, (but not less than $5,000); such bid bond representing that the bidder, if awarded a http://www.duluthga.net/ mailto:HendrixK@Pondco.com.

contract, will promptly enter into a contract and furnish performance bond and payment bond as provided by law and approved by the attorney for the City. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive.

Successful bidder will be required to meet insurance requirements. Performance and Payment bonds will be required upon acceptance of the proposal and contract submittal.

The Performance Bond shall be equal to one hundred percent (100%) of the contract amount. The Payment Bond shall be equal to one hundred ten percent (110%) of the contract amount.

Insurance and Bonding Company must be licensed to do business by the Georgia Secretary of State, authorized to business in Georgia by the Georgia Insurance Department, listed in the Department of Treasury’s Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond and performance bond must have an A.M. Best rating of A-5 or higher.

Award will be made to the lowest responsible and responsive bidder. The City of Duluth reserves the right to reject any and all bids, to waive technicalities and to make an award as deemed in its best interest.

Any change to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the City will issue a written addendum to document each approved change.

General Information and Invitation to Bid Pavement Repairs and Site Improvements at the Public Safety Building

City of Duluth, Georgia

This is an invitation to submit a bid or proposal to supply the City of Duluth (hereinafter referred to as the “OWNER”) with equipment, supplies and or/services as indicated herein. Sealed Bids will be received no later than 1:45 P.M. local time at the Office of the City Clerk in the Duluth City Hall, 3167 Main Street, Duluth, Georgia 30096 on Tuesday, May 26, 2026. Bids received after the stated time will not be accepted. Proposals will be opened publicly and read aloud on Tuesday, May 26, 2026 at 2:00 P.M. local time on the second floor of Duluth City Hall, 3167 Main Street, Duluth, GA 30096, in the Executive Conference Room. All proposals become the property of the City of Duluth.

The work shall consist of furnishing all materials, labor and equipment for:

Pavement Repairs and Site Improvements at the Public Safety Building

Instructions for preparation and submission of a bid or proposal are contained in this Invitation to Bid/Proposal package. Please note that specific forms for submission of a bid/proposal are required.

Bids must be printed in ink.

All work performed under this contract shall be done in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems 2021 Edition (hereinafter sometimes referred to as GDOT Specifications) and subsequent Supplemental Specifications modifying them, special provisions included in and made a part of this proposal and apply to this contract.

All proposals shall be accompanied by a Bid Bond in favor of the City, in the amount of five percent (5%) of the bid for the complete work, but not less than five thousand dollars ($5,000); such Bid Bond representing that the Bidder, if awarded a contract, shall promptly enter into a contract and furnish Performance Bond and Payment Bond as provided by law and approved by the attorney for the City. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive.

Successful bidder will be required to meet insurance requirements. Performance and Payment bonds will be required upon acceptance of the proposal and contract submittal. The Performance Bond shall be equal to one hundred percent (100%) of the contract amount. The Payment Bond shall be equal to one hundred ten percent (110%) of the contract amount.

Insurance and Bonding Company must be licensed to do business by the Georgia Secretary of State, authorized to business in Georgia by the Georgia Insurance Department, listed in the Department of Treasury’s Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond and performance bond must have an A.M. Best rating of A-5 or higher.

Winning contractor will be required to provide an 18 (eighteen) month warranty on all work performed.

Any change to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the City will issue a written addendum to document each approved change.

Award will be made to the lowest responsible and responsive bidder.

The City of Duluth reserves the right to reject any and all bids, to waive technicalities and to make an award as deemed in its best interest.

The work shall be completed within 90 (ninety) Calendar Days.

Total Bid Price (Unit Price): This work shall consist of furnishing all materials, labor, tools, equipment and all other miscellaneous and/or necessary items for pavement repairs (including full depth reclamation), sidewalk and concrete stair removal and replacement, striping, drainage improvements, and other similar work at the City of Duluth’s Public Safety Building located at 3276 Buford Highway, Duluth, GA 30096.

All work shall be in accordance with the specifications, the applicable drawings and subject to the terms and conditions of this contract.

Where the City provides forms for bid schedule or pricing, these forms must be used without exception. No conditional proposals will be acceptable.

No Bidder may withdraw his Bid within sixty (60) days after the actual date of the opening thereof.

Questions regarding Bidding Documents, Drawings and Specifications should be directed to Kevin Hendrix, PE at HendrixK@pondco.com no later than 5:00 P.M. on Thursday, May 14, 2026. No phone calls will be accepted.

A Contract in substantially the form as attached at Exhibit A will be required from the winning bidder.

The City of Duluth does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of the City should be directed to Teresa Lynn, City Clerk, City of Duluth 770-476-3434.

mailto:HendrixK@pondco.com

Bid (page 1 of 2)

In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Duluth to provide the necessary machinery, tools, apparatus and other means of construction and all materials and labor specified in the Contract, or called for by the drawings, or necessary to complete the work in the manner therein specified within the time specified, as therein set forth, for:

Pavement Repairs and Site Improvements at Public Safety Building

The Bidder has carefully examined and fully understands the Contract, Plans and Specifications, Instructions to Bidders and other documents hereto attached and has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work and hereby proposes and agrees that if his proposal is accepted, he will contract with the City in full conformance with the Contract Documents.

All work under this contract shall be done in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems 2021 Edition (hereinafter sometimes referred to as GDOT Specifications) and subsequent Supplemental Specifications modifying them, special provisions included in and made a part of this proposal and apply to this contract.

The quantities are approximate and may be increased or decreased as to any and all units as necessary to complete the construction of said Project without entitling the Contractor to any claim for extra compensation because of any injury, damage or delay he may sustain on account of such increase or decrease. The Contractor shall be entitled to compensation on the foregoing unit prices only on the quantities of materials actually furnished and work actually done as determined and approved in writing by the City Engineer through an inspection of the work completed.

It is the intent of this proposal to include all items of construction and all work indicated on the drawings and called for in the specifications.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached schedule of items for the unit prices stated.

The Bidder agrees that the cost of any work performed, materials, services provided or expenses incurred, which are not specifically delineated in the Contract Document but which are incidental to the scope and intent of the Contract, shall be deemed to have been included in the prices quoted.

The Bidder further proposes and agrees hereby to promptly commence the work with adequate force and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete the work within ninety (90) calendar days. The bidder also agrees that liquidated damages may be assessed in accordance with the Contract.

Attached hereto is an executed Bid Bond or Certified/Cashier’s Check drawn on the bank of City___________________________________________ State________________________________ In the amount of five percent (5%) of the total amount of bid, but not less than $5,000, according to the conditions in the Instructions to Bidders.

If this bid shall be accepted by the City of Duluth and the undersigned shall fail to executed a satisfactory Contract in the form of said proposed contract and give satisfactory Performance and Payment Bonds or furnish satisfactory carriage of insurance required, as stated in the Instructions to Bidders, attached hereto, within ten (10) days from the date of Notice of Award of the contract, then the City , may, at its option determine that the undersigned abandoned the contract and thereupon this bid shall be null and void and the sum stated in the attached Bid Bond or Certified/Cashier’s Check shall be forfeited to the City of Duluth, not as a penalty, but as liquidated damages.

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

Company Name___________________________________________________________

Authorized Representative’s Signature________________________________________________________

CORPORATE CERTIFICATE

I, ______________________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that ___________________ ________________________________, who signed said bid in behalf of the Contractor, was then (Title) _________________________________________ of said Corporation;

that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _______________________________________.

This_________________________day of _________________________, 20___________.

__________________________________________(seal) Signature

OCCUPATIONAL TAX CERTIFICATE

OCCUPATIONAL TAX CERTIFICATE

Vendors/Contractors are required to submit a copy of the appropriate Occupational Tax Certification/Business License.

If Vendor/Contractor business is located within the incorporated boundary of the City of Duluth, please state “yes” here ___________________________.

ACKNOWLEDGEMENT OF ADDENDUM

RECEIPT IS HEREBY ACKNOWLEDGED OF ADDENDUM NUMBERS:

The undersigned bidder certifies that he/she has received the above listed and marked documents and that failure to acknowledge receipt of any or all addendum, may be cause for rejection of bid.

By:_____________________________________________Date:__________________

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 which is contracting with the City of Duluth is 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, contractor will secure from such 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 such verification to the City of Duluth at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number

Company Name

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

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 “E-Verify” 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).

DRUG-FREE WORKPLACE CERTIFICATION

THE UNDERSIGNED CERTIFIES THAT THE PROVISIONS OF CODE SECTIONS 50-24-1

THROUGH 50-24-6 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, RELATED TO THE

“DRUG-FREE WORKPLACE”, HAVE BEEN COMPLIED WITH IN FULL. THE UNDERSIGNED

FURTHER CERTIFIES THAT:

1. A DRUG-FREE WORKPLACE will be provided for the employees during the performance of the contract; and

2. Each sub-contractor under the direction of the Contractor shall secure the following written certification:

________________________________________________(Contractor) certifies to the City of Duluth that a DRUG-FREE WORKPLACE will be provided for the employees during the performance of this contract known as_________________________________________________________(Project) pursuant to paragraph seven (7) of subsection B of Code Section 50-24-3. Also the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

CONTRACTOR DATE

NOTARY DATE

CHECKLIST FOR BIDDERS

The following documents are required to be included with your bid.

1. Two copies of the entire Invitation to Bid/Instructions to Bidders Package, including all Addendum(s) issued.

2. Bid Bond/Certified/Cashiers Check in the amount of five percent (5%) of the entire bid, but not less than $5,000.

3. All bid schedules/pricing sheets completed and signed.

4. Project listing with minimum of 5 years verifiable experience.

5. Signed Corporate Certificate.

6. Copy of Occupational Tax Certificate

7. Signature page acknowledging receipt of any and all addendum.

8. Signed and notarized Contractor Affidavit and Agreement.

9. Signed Drug Free Workplace form

10. Completed and signed W-9 form.

Base Project List & General Notes

EVERY EFFORT HAS BEEN MADE TO PROVIDE ALL INFORMATION RELATED TO THE WORK

REQUIRED, HOWEVER, NO BID CAN COVER EVERY DETAIL. SOME ADJUSTMENTS SHOULD BE

EXPECTED.

The project consists of pavement repairs (including full depth reclamation), sidewalk and concrete stair removal and replacement, striping, drainage improvements, and other similar work at the City of Duluth’s Public Safety Building located at 3276 Buford Highway, Duluth, GA 30096. All work shall be in accordance with the specifications, the applicable drawings and subject to the terms and conditions of this contract.

Phasing and Scheduling:

A possible phasing plan is shown in the construction documents. The phasing shown is preliminary and for reference only. The contractor is responsible for preparing a detailed phasing plan for review by the engineer and approval by the City of Duluth prior to starting work.

Items of note:

1. The building must always remain open and fully functional. This building is in use 24 hours a day, 365 days per year.

2. Portions of both public parking and secured parking must always remain available for use.

a. The city will always need both public parking and secured parking available.

b. Temporary striping may be required if recently paved areas are to be open for the public’s use.

c. The contractor is responsible for providing any traffic control or temporary measures needed to ensure access is maintained.

3. Pedestrian access to the front entrance (including ADA compliant access) must always remain available.

4. Coordinate all onsite activities with the city of Duluth Police Department and the City’s court schedule.

5. Work on weekends is allowed. Court is typically not in session on Tuesdays, Fridays, and on weekends, reducing the number of public parking spaces needed. No court is anticipated the week of June 29th.

BID SCHEDULE

(page 1 of 3) Cost Bid Form for

Pavement Repairs and Site Improvements Please provide total cost for each item listed, including all costs, direct and indirect, administrative costs, phasing, and all things necessary for complete Construction Services, per construction documents.

Item Number Description Unit Approx.

Quantity Unit Cost Total Cost

General

1 Mobilization LS 1

2 Traffic Control LS 1

Demolition (complete)

3 Demolition of existing concrete sidewalks/ramps LS 1

4 Demolition of existing concrete curbing LS 1

5 Demolition of existing concrete stairs LS 1

Grading/Drainage (Installed, including all applicable related items like bedding, trenching, compaction, etc.)

6 Grading, complete as shown on plans LS 1

7 Storm drainage, including inlets, piping, fittings, etc. LS 1

Site Layout (Installed complete)

Concrete Sidewalk (4" thick standard grey concrete with 4" GAB over compacted subgrade)

SF 2,423

Medium Duty Concrete (6" thick grey concrete with WWF and 4" GAB over compacted subgrade)

SF 2,459

Medium Duty Concrete (6" thick red dyed concrete with WWF and 4" GAB over compacted subgrade)

SF 1,589

Heavy Duty Concrete (8" thick grey concrete with rebar and 8" GAB over geotextile and compacted subgrade)

SF 2,964

12 Full Depth Reclamation (FDR)- Medium Duty SF 34,882

13 Full Depth Reclamation (FDR)- Heavy Duty SF 19,405

CITY OF DULUTH BID SCHEDULE

(page 2 of 3)

14 Asphalt Paving (Medium duty, with 6" GAB over compacted subgrade) SF 4,163

15 Asphalt Paving (Heavy duty, with 8" GAB over compacted subgrade) SF 2,911

16 Pavement Markings LS 1

17 ADA Ramp (Type D) EA 5

18 ADA Ramp (Type B) EA 6

19 Wheel stops EA 6

20 Bollards EA 7

21 Concrete Stairs LS 1

22 Removal and replacement of existing artificial Turf LS 1

23 Threshold Repair and metal entry mat replacement LS 1

24 Detector Loops at Gates, Installed complete EA 8

25 Sealing (of existing joints) LF 640

Erosion Control (Installed complete, including maintenance as needed for life of item)

26 Inlet Protection EA 8

27 Construction Exit EA 1

28 Temporary Mulching/Dust Control LS 1

Landscaping/Stabilization (Installed complete, including subgrade preparation, fertilizer, lime, seed, and mulch per details on plans and specifications)

29 Permanent Grass Seeding SF 3,460

Closeout

30 Site Cleanup and Demobilization LS 1

Total Cost: $

CITY OF DULUTH BID SCHEDULE

(page 3 of 3)

TOTAL COST: (in words)___________________________________________________

Bidder:________________________________________________________________

By:__________________________________________________________________ (Printed Name and Title)

Signature:____________________________________________Date:______________

GENERAL CONDITIONS

Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems, 2021 Edition, and any Supplemental Specifications modifying them, except as noted below and in the Special Provisions.

Modification of Standard Specifications:

SECTION 101-DEFINITIONS AND TERMS

Section 101.14 Commissioner Delete as written and substitute the following:

“The City of Duluth”

Section 101.22 Department Delete as written and substitute the following:

“The City of Duluth”

Section 101.24 Engineer Delete as written and substitute the following:

“The City of Duluth City Engineer and/or Public Works Director, acting directly or through a duly authorized representative”

SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS

Section 102.01 Prequalification of Bidders Delete in its entirety and substitute the following:

“Bids will be considered only from experience and well equipped Contractors engaged in work of this type and magnitude. The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

Bidder should provide a minimum of 5 years of verifiable years of experience (project listing) in road patching/resurfacing and site improvements sustainably similar to the scope of this project. Project listing shall include project name, location, dates and owner’s representative with current contact information, including phone number and address.”

Section 102.05 Examinations of Plans, Specifications, Special Provisions and Site of the Work Add the following:

“The City will not be responsible for Bidder’s errors or misjudgment, nor for any information on local conditions or general laws or regulations.

At the time of the opening of the bids, each Bidder will be presumed to have inspected the site(s) and to have read and be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any Bidder to examine any forms, instruments or documents shall in no way relieve any Bidder from any obligation in respect to his Bid.”

Section 102.07 Rejection of Proposals Add the following subparagraphs:

“K. The City reserves the right of reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest responsive and responsible bidder, and in arriving at this decision, full consideration will be given to the reputation of the bidder, his financial responsibility, and work of this type successfully completed.

L. The City also reserves the right of reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to the City of Duluth, Georgia.

Section 102.08 Proposal Guaranty Substitute the following for the first sentence:

“No bid will be considered unless it is accompanied by a certified check or acceptable bid bond in the amount of five percent (5%) of the total amount of bid, but not less than $5,000 (five thousand dollars), and made payable to the City of Duluth, Georgia.

Section 102.09 Delivery of Proposals Delete in its entirety and substitute the following:

Two complete copies of the entire Instructions to Bidders/Invitation to Bid package must be submitted with the bid, including all Addendum(s). Plans, typical sections or assessments are not required to be included. A checklist of required documents is included in this package. Bidder should ensure he/she returns all items listed. Failure to provide full documentation could result in the omission of pertinent documents and the rejection of the apparent low bid.”

Bids should be submitted in a sealed envelope of sufficient size with the following clearly typed or printed on the outside:

City of Duluth

Date and Hour of Bid Opening Company Name

Section 102.11 Public Bid Delete in its entirety and substitute the following:

Bid results are posted on the City of Duluth website at www.duluthga.net and the State Procurement Registry website after contract award is complete.

Add Section 102.19 Addenda and Interpretation

“No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for any such interpretation should be in writing addressed to Kevin Hendrix of Pond & Company at HendrixK@pondco.com. And to be given consideration, such requests must be received by Thursday, May 14, 2026 at 5:00 P.M. local time. No phone calls.

Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, which if issued, will be posted on the City’s website, www.duluthga.net, and the Georgia State Procurement Registry website. All addenda so issued shall become part of the contract documents”

SECTION 103 AWARD AND EXECUTION OF CONTRACT

Section 103.05 Requirements of Performance and Payment Bonds Delete in its entirety and substitute the following:

Simultaneously with his delivery of the executed contract, the Contractor shall furnish the following bonds:

Performance Bond – amount of Bond shall be equal to one hundred percent (100%) of the contract amount.

Payment Labor & Materials Bonds – amount of Bond shall be equal to one hundred ten percent (110%) of the contract amount.

Insurance and Bonding Companies must meet the following requirements:

Licensed to do business in the State of Georgia;

Licensed to do business by the Georgia Secretary of State;

Authorized to do business in Georgia by the Office of the Georgia Insurance Commissioner;

Insurance and Bonding Company must have an A.M Best rating of A-5 or higher.

http://www.duluthga.net/ mailto:HendrixK@pondco.com http://www.duluthga.net/

Section 103.06 Execution and Approval of Contract

The Contract shall be signed by the successful bidder and returned within 10 calendar days after the Notice of Award of the Contract. If the Contract is not executed within 45 days following receipt from the Bidder of the signed Contract, unless a longer period is specified in the Proposal or the successful Bidder agrees in writing to a longer period, the Bidder shall have the right to withdraw his Bid without penalty. No contract shall be considered as effective until it has been fully executed by all of the parties.

Prior to the execution of the Contract and at all times that the Contract is in force, the contractor must obtain, maintain and furnish the City of Duluth, Certificates of Insurance from licensed companies doing business in the State of Georgia and acceptable to the City. Such insurance must cover the following:

A. Statutory Workers Compensation:

Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

B. Comprehensive General Liability Insurance:

$1,000,000 limit of liability per occurrence for bodily injury and property damage Owner’s and Contractor’s protective Blanket contractual liability Blanket “X”, “C” and “U” Products/Completed Operations Insurance Broad form property damage Personal Injury Coverage Fire Legal Liability

Property Damage Liability Insurance will provide explosion, collapse and underground coverage where applicable.

C. Automobile Liability:

$500,000 limit of liability per occurrence for bodily injury and property damage

Comprehensive form covering all owned, non-owned, leased, hired and borrowed vehicles Additional Insured Endorsement Contractual Liability

D. Umbrella Liability Insurance Minimum $1,000,000 limit of liability Coverage at least as broad a primary coverage as outlined under items A, B, & C above.

E. The City of Duluth should be shown as an additional insured on General Liability, Automobile

Liability and Umbrella Liability policies.

F. The Contractors and Subcontractors Public Liability and Property Damage insurance shall provide adequate protection against the following Special Hazards: excavation, shoring, underpinning, blasting and explosion to the extent to which such risks are present.

G. All of the above policies shall be endorsed to provide for ten days notice for nonpayment and

30 days notice of cancellation, non-renewal or material changes in coverages.

H. Certificate Holder should read: City of Duluth, 3167 Main Street, Duluth, Georgia 30096.

I. Insurance Company must have an A.M. Best rating of A-5 or higher.

J. Insurance company must be licensed to do business by the Georgia Secretary of State.

K. Insurance company must be licensed to do business by the Office of the Georgia Insurance Commissioner.

L. Certificates of Insurance and any subsequent renewals, must reference specific bid/contract by name.

M. The Contractor shall agree to provide complete certified copies of insurance policy(ies) if requested by the City to verify the compliance with these insurance requirements.

N. All insurance coverage’s required to be provided by the Contractor will be primary over any insurance program carried by the City.

O. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such insurance shall be procured and maintained by Contractor at Contractor’s expense.

P. No Contractor or Subcontractor shall commence work of any kind under this contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to the City as to form and content has been filed with the City.

The Acord Certificate of Insurance or a pre-approved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

Q. The Contractor shall agree to waive all rights of subrogation against the City, the City Council, it’s officers, officials, employees and volunteers from losses arising from work performed by the Contractor for the City.

Section 103.07 Failure to Execute Contract

“Failure or refusal to execute the Contract, Contract Performance Bond, Payment Bonds or furnish satisfactory proof of insurance coverage required within ten (10) days after the date of Notice of Award of the contract may be just cause for the annulment of the award and for the forfeiture of the guaranty to the City of Duluth, not as a penalty, but a liquidation of damages sustained for such failure or refusal. Failure to progress in a timely manner after beginning may also be just cause for such annulment.

Upon annulment, at the discretion of the City, the award may then be made to the next lowest responsible bidder, re-advertised, re-bid or constructed by City forces. If the City re-advertises the project, the City may, at its discretion, not allow the Bidder who failed or refused to execute a contract, or who requested to withdraw any bid, to perform work on that contract or project as a contractor, subcontractor, or in any other capacity for any function of construction. The Contract and Contract bonds shall be executed in multiple originals.”

SECTION 105 CONTROL OF WORK

Section 105.02 Plans and Working Drawings Delete paragraph one in its entirety and substitute the following:

While every effort will be made to provide correct information, the City does not commit to providing plans and/or specifications with exact details of every line, grade, structure or typical cross sections.

Contractor must fully familiarize himself with the location of the work and request information prior to beginning work.

Add the following after Paragraph two:

If in the process of the Contract, discrepancies arise, the Contractor will be furnished additional instructions as necessary to carry out the work included in the Contract. The additional instructions (if any) thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof.

Section 105.06 Cooperation with Utilities Delete paragraph one in its entirety and substitute the following:

Contractor will be responsible for requesting all utility locates as required by Georgia law prior to beginning any work. The GUFPA (Georgia Utility Facility Protection Act) mandates that before starting any mechanized digging or excavation work Georgia 811 (Utilities Protection Center) must be contacted, at least 48 hours, but no more than 10 working days in advance to have the utility lines marked. Any milling, pulverizing or excavation work on the roadways requires that UPC be notified prior to work being performed. Additionally, the contractor is responsible for providing a private utility locate for areas not covered by the UPC. If emergencies occur, it is the responsibility of the Contractor to notify the respective utility company immediately and then the City of Duluth.

The City will not notify any utilities or be responsible for locating any utilities.

Section 105.14 Maintenance during Construction Retain in its entirety, but insert the following after the first paragraph:

“At all times, the Contractor shall perform work as may be required to protect the entire site, including both existing conditions and performed work from damage. Furthermore, the Contractor shall be responsible for all damages to all persons and property due to the non-maintenance of the project site.”

SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC

Section 107.07 Public Convenience and Safety Retain as written and add the following:

“Access to the public safety building, including pedestrian access to the front doors and to a portion of both public and secure parking must be maintained at all times.”

Section 107.13 Protection and Restoration of Property and Landscape Retain subparagraph C and add the following paragraphs:

“All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions”

“Any use of commercial or city parking areas must be coordinated between the Contractor and property owner prior to construction”

Section 107.15 Responsibility for Damage Claims Add the following paragraph:

“Contractor shall indemnify and hold harmless the City and its agents, employees, successors and assigns from and against all lost, cost, damage, claim suit, and judgment, including attorney’s fees, arising out of or resulting from the performance or non-performance of the work. Contractor’s duty to indemnity applies in connection with, but is not limited to, injury or death of any person or persons, loss of or damage to property caused by or in any way connected with Contractor’s performance or non-performance of the work, whether such injury, death, loss, or damage results from any cause whatsoever.

The Contractor’s duty to indemnify shall extend to all claims, damage, loss or expense caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The duty of the Contractor to indemnify, contained herein, shall not extend to any claim, damage, loss, or expense which results solely from the negligence of a party indemnified hereunder.”

Section 107.17 Contractors Responsibility for the Work Retain as written and add the following paragraph:

“In case of an emergency which threatens loss or injury of property and/or safety of life, the Contractor will be allowed to act, without previous instruction from the City of Duluth Public Works Director, in a diligent manner. He shall notify the Public Works Director immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Public Works Director for approval.

Where the Contractor has not taken action but has notified the Public Works Director of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Public Works Director.”

Section 107.20 No Waiver of Legal Rights Retain in its entirety and add the following:

“The Contractor shall guarantee all work accomplished under this contract for a period of eighteen

(18) months from the date of final acceptance. This includes work completed under change orders and work completed by sub-contractors. The Contractor shall remedy, at his own expense, and without additional cost to the City, all defects arising from either workmanship or materials as determined by the Engineer. These defects include (but are not limited to) slippage, raveling, potholes or other pavement failures due to poor quality, poor workmanship or poor materials, concrete failure and crack seal failure due to poor quality, poor workmanship or poor materials. The guarantee shall not cover any accidental or deliberate damage to the work, or any defects occurring due to normal wear and tear during the eighteen (18) months.

All equipment of whatever nature incorporated into the work covered by this contract shall carry the same guarantee as outlined above for construction. Failure of any equipment or part thereof within the specified time shall be corrected to the satisfaction of the City at the Contractor’s expense. This guarantee does not apply to manufacturing defects of equipment furnished by the City.

The Performance Bond shall remain in full force and effect through the guarantee period.”

SECTION 108 PROSECUTION AND PROGRESS

Section 108.11 Scheduling

The City requires five (5) working days to process requests to trim trees, shrubs or bushes to accommodate trucks or equipment.

See the applicable notes elsewhere in this document regarding phasing and scheduling of the work.

SECTION 109 MEASUREMENT AND PAYMENT

Add Subsection 109.07.I to read as follows:

A. Retainage For contracts of $50,000 and above, retainage on work completed will be withheld by the City as follows:

a. Retainage will be held at the rate of ten percent (10%) of the value of work completed, invoiced and approved by the Public Works Director. Final payment of the retainage withheld will not be made until the project has been satisfactorily completed and granted final acceptance by the Public Works Director or their designee, but not sooner than 90 (ninety) days after project completion.

Section 109.08 Final Payment

“Upon completion by the Contractor of the Work, including the receipt of any final written submission of the Contractor and the approval thereof by the City Public Works Director, the City will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. Final payment of retainage withheld will not be made sooner than ninety (90) days after project completion, see Section 107.09.I.A.

The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the City for work done, materials furnished, costs incurred or otherwise arising out of this Contract Agreement and shall release the City from any and all further claims of whatever nature, whether known or unknown for and on account of said Contract Agreement, and for any and all work done, and labor and materials furnished, in connection with same.

No final payment shall be made until the Contractor furnishes to the City a sworn affidavit to the effect that all bills are paid and no suits and/or liens are pending in connection with the work done or labor and materials furnished under this Contract. This final payment does not in any way affect the eighteen (18) month warranty or relieve the Contractor’s obligation under that warranty.

SECTION 150 TRAFFIC CONTROL

Add the following:

150.01 General

Traffic control including, but not limited to: Warning and detour signage, lighted barricades, flaggers and the like, may be required in order to conduct the construction operations in a safe manner. The Contractor shall conform to MUTCD for traffic control. Temporary signs meeting MUTCD standards for Temporary Traffic Control Warning signs may be used. Adequate signage shall be provided to advise motorists and pedestrians that the street is under construction ahead and direct them safely through or around the work zone. All construction signs and devices shall be new or like new condition and meet the latest GDOT requirements.

All flaggers must be GDOT certified. Traffic control will include flagging and covering areas along the site area that may present safety issues with pedestrians. The Contractor must maintain a safe work zone for their employees, pedestrians, vehicular transportation and emergency vehicles. Access to existing streets and driveways must be maintained at all times and is the responsibility of the Contractor. All costs associated with the work shall be included in the Lump Sum Bid Proposal.

The needs and control of all road users (motorists, bicyclists and pedestrians within the highway right-of-way and easements, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA) through a Temporary Traffic Control (TTC) zone shall be an essential part of highway construction, utility work, maintenance operations and management of traffic incidents.

150.09 Measurement

A. Traffic Control

When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the requirements of Section 150 and the Traffic Control Plan shall be in full force and effect.

The cost of complying with these requirements will not be paid for separately, but shall be included in the overall bid submittal.

Proposed Contract

Exhibit A

STATE OF GEORGIA

CITY OF DULUTH

CONSTRUCTION CONTRACT

Pavement Repairs & Site Improvements at the Public Safety Building

THIS AGREEMENT is made this_______________day of__________________,2026 between ___________________(hereinafter called the “Contractor”) and the City of Duluth; 3167 Main Street, Duluth, Georgia 30096 (hereinafter called the “City”). Both parties do mutually agree as follows:

1. Scope and Cost: The Contractor agrees to furnish Contract Documents, labor, supervision, materials, equipment, tools, supplies, disposal and services necessary to timely and fully perform and complete in a neat, first-class and workmanlike manner and in strict compliance with the Contract Documents, drawings, specifications provided as applicable to the contractor. Costs to provide the above scope of work shall be inclusive of taxes, labor, supervision, disposal, materials, equipment, tools, transportation, and any associated written reports.

The Contractor shall commence the work with adequate force and equipment within ten (10) days from receipt of the Notice to Proceed. The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractors agents, servants, and employees, and in addition thereto, for any and all damages to property caused by or resulting from or arising out of any act or omission in connection with this Contract or the prosecution of work hereunder, whether caused by the Contractor or the Contractor’s agents, servants, or employees, or by any of the Contractor’s subcontractors or suppliers. This Contract executed in duplicated, constitutes the full agreement between the parties, and the Contractor shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm or corporation without the previous consent of the City in writing.

2. Contract Documents:

2.1 The term “Contract Documents” above includes all portions of the specifications published and/or advertised by the City for purposes of soliciting bids for this project. Including:

Instructions to Bidders, Bid Documents, Addenda, Plans, Drawings, Specifications, General and Special Conditions, Guarantees, Contracts, Unit Pricing, Schedules and all documents sent in by Contractor in response thereof such bids including but not limited to, the Contractor’s Bid and the Invitation to Bid and Instruction to Bidders. The scope of work therefore, may not extend beyond these descriptions as set forth without proper adjustments and/or opportunity made available so as to properly compensate the Contractor for any such scope of work.

2.2 Contractor agrees to perform the contract work to the satisfaction of the City. Contractor agrees to provide and pay for all labor, regardless of craft or jurisdiction, materials, tools, supplies and equipment, except as otherwise provided herein, to perform the work in strict conformity with the contract documents.

3. Project Duration: The duration of the project shall be for a period of not more than Ninety

(90) days from the Contractor’s receipt of the written notice to proceed and a properly executed agreement by both parties. Both documents of which are part of the official documentation of the said project. Any extension of this time period for rain delays must be agreed upon by both parties and executed by a written change order.

4. Contract Sum and Payments:

4.1 The total contracted amount is ____________________________________.

4.2 Payments shall be made for work satisfactorily completed after contractor has submitted a pay request to the City unless the Contractor is in default. Upon the City’s satisfaction that the work is being completed in accordance with the Contract Documents, payment for the amount requested less ten percent (10%) retainage as set forth in Section 109 Measurement and Payment, Section 109.07.I of the bid documents attached hereto, will be made promptly.

4.3 Prior to the final payment, Contractor will provide an affidavit showing that its labor, materials and other bills have been paid, along with a full release and/or unconditional lien waivers, in a form satisfactory to Contractor and City.

4.4 Final payment, not including retainage shall be made to Contractor not later than fifteen (15) days after receipt of the Contractor’s final written requisition for payment and acceptance of the final completed project.