RFP 240029 _ 18605 Hurricane Shoals Park Pede.pdf

BID DOCUMENTS FOR

Bid No. 240029

18605

HURRICANE SHOALS PARK

PEDESTRIAN BRIDGE

JACKSON COUNTY

PARKS AND RECREATION

Project No.: 18605

SECTION I

BID

TABLE OF CONTENTS

Special Notices 1

Notice to Contractors

Bid Form

Bid Bond

Corporate Certificate

Contractor Affidavit and Agreement

References

List of Subcontractors

Schedule of Items

SPECIAL NOTICE 1

A COMPLETION DATE OF MARCH 31, 2026, HAS BEEN SET FOR CONSTRUCTION ON

PROJECT NO. 18605 HURRICANE SHOALS PARK PEDESTRIAN BRIDGE.

CONTRACTOR WILL BE ASSESSED LIQUIDATED DAMAGES IN THE

AMOUNT OF $750 PER CALENDAR DAY FOR FAILURE TO COMPLETE

THE PROJECT ON SCHEDULE.

THE CONTRACTOR IS ADVISED THE AMOUNT OF SUCH CHARGES IS

HEREBY AGREED UPON AS FIXED LIQUIDATED DAMAGES DUE THE COUNTY

AFTER THE EXPIRATION OF THE TIME FOR COMPLETION SPECIFIED IN THE

CONTRACT. THE CONTRACTOR AND HIS SURETY SHALL BE LIABLE

FOR LIQUIDATED DAMAGES IN EXCESS OF THE AMOUNT DUE THE

CONTRACTOR ON THE FINAL PAYMENT.

THESE FIXED LIQUIDATED DAMAGES ARE NOT ESTABLISHED AS A PENALTY BUT

ARE CALCULATED AND AGREED UPON IN ADVANCE BY THE COUNTY AND THE

CONTRACTOR DUE THE UNCERTAINTY AND IMPOSSIBILITY OF

MAKING A DETERMINATION AS TO THE ACTUAL AND CONSEQUENTIAL

DAMAGES WHICH ARE INCURRED BY THE COUNTY, THE STATE, AND

THE GENERAL PUBLIC AS A RESULT OF THE FAILURE ON THE PART OF

THE CONTRACTOR TO COMPLETE THE WORK ON TIME.

• BRIDGE MANUFACTURERS MUST PRESENT A FULLY SIGNED AND SEALED

DESIGN BY A PROFESSIONAL ENGINEER FIRM REGISTERED IN THE STATE OF

GEORGIA, APPROVED FOR FABRICATION BY THE EOR 10 DAYS BEFORE BID

• ALL BIDDERS MUST IDENTIFY THE MANUFACTURER / SUPPLIER OF THE

PEDESTRIAN BRIDGE AS PART OF THEIR BID.

SECTION I

NOTICE TO CONTRACTORS

Sealed Bids will be received until 2:00 p.m. local time on Wednesday, September 17, 2025 by the Jackson County Board of Commissioners, Attention: Kenneth Morris, Purchasing Manager, 4965 Jackson Parkway, Jefferson, Georgia 30549

HURRICANE SHOALS PARK

PEDESTRIAN BRIDGE

This project/contract consists of the removal of the existing pedestrian bridge and boardwalk and the construction of a new Pedestrian Overpass Bridge and Timber Boardwalk.

Bids received after the stated time will not be accepted. At 2:00 p.m. local time on the above date, the bids will be publicly opened and read aloud.

Pre-bid conference: A pre-bid conference will be held on August 26 2025 at 2:00 PM at Hurricane Shoals Park located at 416 Hurricane Shoals Road, Maysville, GA 30558. The meeting will be held inside the park near the bridge. Bidders who wish to visit the job site may contact Kevin Poe, County Manager at (706) 367-6312 or kpoe@jacksoncountygov.com but bidders who do not attend the pre-bid conference may have their bid rejected by Jackson County. Questions concerning this bid package or the bid process should be directed in writing to Kenneth Morris at kmorris@jacksoncountygov.com and Barry Vickery at bvickery@jacksoncountygov.com.

One (1) original and two (2) copies of the Request for Bid must be submitted. Bids must be sealed, marked with the bidder’s name and address and labeled ITB 240029, “Hurricane Shoals Park Pedestrian Bridge” and delivered to:

Jackson County Board of Commissioners Attention: Kenneth Morris, Purchasing Manager

4965 Jackson Parkway Jefferson, Georgia 30549

Include in package:

1. Completed Bid Form

2. Bid Bond, Certified Check or Cashier's Check

3. Corporate Certificate

4. References

5. List of Subcontractors

6. Schedule of Items

7. Contractor Affidavit and Agreement (E-verify)

Bidding Documents and Plans are available for viewing at the Jackson County, Office of Purchasing Manager, 4965 Jackson Parkway, Jefferson, Georgia 30549 (706) 367-6309.

A complete set of plans and bidding documents may be purchased from Atlas Technical Consultants LLC for $ 40.00 per set (non-refundable):

mailto:kpoe@jacksoncountygov.com mailto:kmorris@jacksoncountygov.com mailto:bvickery@jacksoncountygov.com

• Atlas Technical Consultants, LLC., 2450 Commerce Avenue, Suite 100, Duluth, Georgia 30096-8910, Phone 770/728-9100, Attn: John Solomon

Jackson County 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 Jackson County Government should is available upon request at least 10 (ten) days in advance of the bid opening date. Please call (706)367-6312 for more information. This service is in compliance with the Americans with Disabilities Act (ADA).

All bidders must submit with bid, a bid bond, certified check or cashier’s check in the amount of five percent (5%) of the total bid. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive. A successful bidder will be required to meet insurance requirements, submit a one hundred percent (100%) performance bond and a one hundred percent (100%) payment bond. Insurance and Bonding Company must be licensed to do business by the Georgia Secretary of State, authorized to do 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-10 or higher.

Individuals, firms and businesses seeking an award of a Jackson County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Manager named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Manager, if determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.

If any prospective bidder has questions regarding Bidding Documents, Drawings and Specifications, the prospective bidder should contact Kenneth Morris, Purchasing Manager,

(706) 367-6309 no later than seven days before the opening date. Any revisions to the invitation will only be made by addendum issued by the Purchasing Manager.

The written bid documents supersede any verbal or written prior communications between the parties.

Award will be made to the lowest responsible and responsive bidder. Jackson County reserves the right to reject any or all bids, to waive technicalities, or irregularities and to make an award as deemed in its best interest. Where Jackson County provides forms for bid schedule and bond submissions, these forms must be used without exception. Any deducts to the bid must be itemized by the line-item number in the bid schedule or Jackson County will apply the deduct as it deems appropriate.

Award notification will be posted after award on the County website, www.Jacksoncounty.com.

The Bidding Documents consist of the following, including all addenda issued therewith and forms referenced therein:

Section I - Bid

Section II - Contract Documents http://www.gwinnettcounty.com/

BID FORM

To: THE BOARD OF COMMISSIONERS

JACKSON COUNTY, GEORGIA

JEFFERSON, GEORGIA 30549

To Whom It May Concern:

In compliance with your Notice to Contractors, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with Jackson County, 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:

The Bidder has carefully examined and fully understands the Contract, Plans, Specifications, 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 bid is accepted, he will contract with the Jackson County in full conformance with the Contract Documents.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications Construction of Transportation Systems, 2021 Edition, the 2024 Supplemental Specifications modifying the 2021 Standard Specifications, General Conditions, Supplements thereto (Published and Not Published) and Special Provisions modifying them. All materials used in the process of completion of the work included in the contract will be furnished from Georgia Department of Transportation certified suppliers only.

This project will be under the supervision of the County Manager’s Office. A third-party contractor will be inspecting all work under this contract.

It is the responsibility of the contractor to coordinate all work schedules and inspections with the independent inspector the County contracts with for these services. Failure to do so may result in the delay of processing invoices for payment.

Jackson County will only pay invoices that have been reviewed and approved by the director for the quantities submitted for payment.

It is the intent of this Bid 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 furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed, and to complete the work on project 18605 Hurricane Shoals Park Pedestrian Bridge by a Completion Date of March 31, 2026. If said work is not completed within the time stated, the Contractor shall be liable and hereby agrees to pay the County as liquidated damages and not as a penalty, (1) $750 per calendar day for failure to complete the work by a Completion Date of March 31, 2026, on project 18605 Hurricane Shoals Park Pedestrian Bridge, all as liquidation of the extra expense incurred by the county and liquidated damages to the county. Liquidated damages will continue until the contract is complete.

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

Bidder acknowledges receipt of the following addenda:

Addendum No. Date Received bidder further declares that the full name and resident address of all persons and parties interested in the foregoing bid as principals, are as follows:

Signed, sealed, and dated this Day of , Bidder: (Seal) Company Name

Bidder Mailing Address:

By:

Title:

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

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

Jackson County Board of Commissioners

(Name of Obligee)

4965 Jackson Parkway, Jefferson, Georgia 30549 (Address of Obligee)

Thereinafter referred to as Obligee: in the penal sum of

Dollars

($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

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

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

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Jackson County, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Jackson County, Georgia, each in an amount of 100% of the total Contract Price, in form and with security satisfactory to said Jackson County, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Jackson County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed, and dated this day of A.D., 20 .

ATTEST:

(Principal)

(Principal Secretary)

BY:

(SEAL)

(Address)

(Witness as to Principal)

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Resident or Nonresident Agent

(Witness as to Surety)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

Principal Secretary, Principal and Witness as to Principal signature lines must be signed by three different individuals. Additionally, Resident or Nonresident Agent, Witness as to Surety, and Attorney-in-fact must be signed by three different individuals.

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

Illegal Immigration Reform and Enforcement Act of 2011

CONTRACTOR AFFIDAVIT UNDER O.C.G.A. §13-10-91(b)(1)

The Jackson County Board of Commissioners and Contractor agree that compliance with the Illegal Immigration Reform and Enforcement Act of 2011 are conditions of this Agreement for the physical performance of services.

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 engaged in the physical performance of services on behalf of the Jackson County Board of Commissioners has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present and affidavit to the contractor with the information required by O.C.G.A. §13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

E-Verify Employment Eligibility Verification User Identification Number

Date of Authorization to Use Federal Work Authorization Program

NAME OF CONTRACTOR

Name of Project

Jackson County Board of Commissioners Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ____________________, _______, 20___ in ____________________ (City), _______ (State).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF______________, 20____

Notary Public

My Commission Expires: __________________________________________________

This form must be returned with the bid package submitted.

REFERENCES

Jackson County request a minimum of three (3) references where work of a similar size and scope has been completed in the last (5) five years. DO NOT submit a project list in lieu of this form. Attaching a list may deem the contractor’s bid non-responsive.

1. Company Name

Brief Description of Project

Completion Date

Start Date Contract Amount $

Contact Person Telephone

E-Mail Address

2. Company Name

Start Date Contract Amount $

3. Company Name

Start Date Contract Amount $

Company Name

Note: References should be customized for each project vs. submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project bidding for. Failure to return this page may result in rejection of bid.

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. Jackson County expects bidders to have a proposed plan to perform all significant items of work prior to bidding. This plan for major items of work must be indicated below. I propose to Subcontract work to the following subcontractors.

NAME AND ADDRESS

TYPE OF WORK

Subcontractors (If self-performed please indicate as such)

Company Name:

Failure to return this page may result in rejection of bid.

SECTION II

CONTRACT DOCUMENTS

TABLE OF CONTENTS

Contract

Performance Bond

Payment Bond

Insurance Requirements

General Terms and Conditions

Special Terms and Conditions

Method of Payment

Special Provisions

*** Jackson County requires that all Contracts between parties be entered into via the following documents. If any exceptions are taken to any part of this document, each must be stated in detail and submitted as part of your proposal/bid document. If no exceptions are noted, it is assumed that the party fully agrees to the contract in its entirety. Exceptions to the sample contract provided in this request for proposal will be considered in terms of responsiveness when making award. ***

CONTRACT

This CONTRACT made and entered into this _____ Day of ________________, 2025, by and between the Jackson County Board of Commissioners (Party of the First Part, hereinafter called the County), and __________________________ (Party of the Second Part, hereinafter called the Contractor).

WITNESSETH: That the said Contractor has agreed, and by these presents does agree with the said County, for the consideration herein mentioned and under the provision of the Performance Bond and Payment Bond required by the Specifications to furnish all equipment, tools, materials, skill and labor of every description necessary to carry out and complete in a good, firm and substantial and workmanlike manner, the work specified, in strict conformity with the drawings and specifications, together with the foregoing bid made by the Contractor, the Advertisement, the Instructions to Bidders, General Conditions, and this Contract, shall all form essential parts to this Contract. The work covered by this Contract includes all work shown on plans and specifications and listed in the conditions and specifications to wit:

This Contract shall consist of the Service Provider's bid/proposal and all Invitations to Bid/Proposals including all drawings, specifications, price lists, Instructions to Bidders, General Conditions, Special Provisions, Detailed Specifications, addenda, and change orders issued after execution of the Contract (hereinafter collectively referred to as the "Bid"), which are specifically incorporated herein by reference (Exhibit A). In the event of a conflict between the County's contract documents and the Service Provider’s bid/proposal, the County's contract documents shall control.

The Contractor awarded work under this contract shall commence work within ten (10) days after the issuance of the Notice to Proceed and shall fully complete all work hereunder within the Completion Date of March 31, 2026, on project 18605 Hurricane Shoals Park Pedestrian Bridge.

If said work is not completed within the time stated, the Contractor shall be liable and hereby agrees to pay the County as liquidated damages and not as a penalty, (1) $750 per calendar day for failure to complete the work by the Completion Date of March 31, 2026, on project 18605 Hurricane Shoals Park Pedestrian Bridge, all as liquidation of the extra expense incurred by the County and liquidated damages to the County. Liquidated damages will continue until the contract is complete.

The County shall pay and the Contractor shall receive the prices stipulated in the bid hereto attached as full compensation for everything furnished and done by the Contractor under this contract, which shall in no event exceed ($ ) based on the bid which sum shall be paid in the manner and terms specified in the Contract Documents, but before issuance of certificate of payment, if the Contractor shall not have submitted evidence satisfactory to the County that all payrolls, materials bills, and other indebtedness connected with the work have been paid, the County may withhold, such amount or amounts as may be necessary to pay just claims for labor and services rendered and materials in and about the work, and such amount or amounts withheld may be applied by the County to the payment of such just claims.

When the Contractor has performed in accordance with the provisions of this Contract, Jackson

County shall pay to the Contractor, within thirty (30) days of receipt of any payment request based upon work completed or service provided pursuant to the Contract, the sum so requested.

The Contractor's acceptance of progress payments or final payment shall release all claims for interest on said payments.

It is further mutually agreed between the Parties hereto that if, at any time after the execution of the Contract and the Performance Bond for its faithful performance and the Payment Bond, the first party shall deem the surety or sureties upon such bond to be inadequate to cover the performance of the work, the second party shall, at its expense, within five (5) days after the receipt of notice from the first party to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the first party. In such event, no further payment to the second party shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the work shall be furnished in a manner and form satisfactory to the first party.

The parties agree that each of the provisions included in this Contract is separate, distinct and severable from the other and remaining provisions of this Contract, and that the invalidity of any Contract provision shall not affect the validity of any other provision or provisions of this Contract.

(Signatures Next Page)

IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized agents, have caused this CONTRACT to be signed, sealed and delivered.

Jackson County Board of Commissioners

Marty Clark, Chairman

APPROVED AS TO FORM:

CONTRACTOR:

BY:

Print Name

Title

Print Name Corporate Secretary

(Seal)

BOND #

PERFORMANCE BOND

a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Jackson County Board of Commissioners (Name of Obligee)

4965 Jackson Parkway, Jefferson, Georgia 30549 (Address of Obligee) hereinafter referred to as Obligee, are held and firmly bound unto said Obligee and all persons doing work or furnishing skill, tools, machinery, supplies, or material under or for the purpose of the Contract hereinafter referred to, in the penal sum of

($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee.

NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well, truly, fully and faithfully perform said contract according to its terms, covenants, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be construed as a bond in compliance with the requirements thereof.

(Signatures Next Page)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

Principal Secretary, Principal and Witness as to Principal signature lines must be signed by three different individuals. Additionally, Resident or Nonresident Agent, Witness as to Surety, and Attorney-in-fact must be signed by three different individuals.

BONDING AGENT CONTACT INFO

Print Name

Company Name

E-Mail

Phone

BOND #

PAYMENT BOND

a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Jackson County Board of Commissioners (Name of Obligee)

4965 Jackson Parkway, Jefferson, Georgia 30549 (Address of Obligee) hereinafter called Obligee;

for the use and protection of all subcontractors and all persons supplying labor, services, skill, tools, machinery, materials and/or equipment in the prosecution of the work provided for in the contract hereinafter referred to in the full and just sum of

($ ) in lawful money of the United States, for the payment of which sum, will and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee.

NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well, truly, and faithfully perform said Contract according to its terms, covenants, and conditions, and shall promptly pay all persons furnishing labor, materials services, skill, tools, machinery and/or equipment for use in the performance of said Contract, then this obligation shall be void; otherwise it shall remain in full force and effect.

ALL persons who have furnished labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract shall have a direct right of action on this Bond, provided payment has not been made in full within ninety (90) days after the last day on which labor was performed, materials, services, skill, tools, machinery, and equipment furnished or the subcontract completed.

PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder.

PROVIDED, HOWEVER, that no suit or action shall be commenced hereunder by any person furnishing labor, materials, services, skill, tools, machinery, and/or equipment having a direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the Principal:

Unless such person shall have given notice to the Principal within ninety (90) days after such person did, or performed the last of the work or labor, or furnished the last of the materials, services, skill, tools, machinery and/or equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, services, skill, tools, machinery and/or equipment were furnished, or for whom the work or labor was done or performed. Such a notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer, and a copy of such notice shall be delivered to the Obligee, to the person and at the address provided for in the Contract, within five (5) days of the mailing of the notice to the Principal.

PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year after the acceptance of the public works covered by the Contract by the proper authorities.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be construed as a bond in compliance with the requirements thereof.

[Signatures Next Page]

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

Principal Secretary, Principal and Witness as to Principal signature lines must be signed by three different individuals. Additionally, Resident or Nonresident Agent, Witness as to Surety, and Attorney-in-fact must be signed by three different individuals.

Rev. 8/2021

BONDING AGENT CONTACT INFO

Print Name

Company Name

E-Mail

Phone

INSURANCE REQUIREMENTS

1. The contractor shall provide Jackson County with a Certificate of Insurance prior to the start of any work and agrees to maintain such insurance until the completion of the contract. The minimum limits of liability shall be:

A. Workers' Compensation - In compliance with Georgia State Law

B. Broad Form Comprehensive General Liability, $1,000,000.00, to include:

1. Premises – Operations

2. Products / Completed Operations

3. Contractual

4. Personal Injury

5. Owners and Contractors Protective

2. Jackson County reserves the right to require higher limits on any contract provided notice of such requirements is stated in the proposal for such contract. Included in the certificate of insurance shall be a hold harmless agreement saving Jackson County harmless from any liability from the contractor or from any subcontractors or by anyone directly or indirectly employed by either. Jackson County is to be named as additional insured.

A 30-day notice of cancellation or non-renewal in writing shall be furnished by certified mail to the certificate holder at the address indicated on the face of this form. Also, when deemed necessary, the contractor will provide explosion, collapse and underground coverage (X, C and U coverage).

The contractor agrees to be responsible for, indemnify and save harmless Jackson

County and their representatives from the payment of all sums of money by reason of any claim against Jackson County or their representatives under the Workmen's Compensation Act, and by reason of all or any other occurrences resulting in bodily injury or property damage that may happen to occur upon or about said work. The contractor agrees that it will, at all times, and at least for one year after the completion of the work, indemnify and save harmless Jackson County against liabilities resulting from bodily injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

3. ALL BIDDERS PROVIDE THE FOLLOWING INFORMATION:

NAME OF INSURANCE CARRIER:

NAME OF INSURANCE AGENT:

TELEPHONE NUMBER:

BROAD FORM COMPREHENSIVE

GENERAL LIABILITY LIMIT: $

AUTOMOBILE LIABILITY LIMIT: $

POLICY EXPIRATION DATE:

If a bidder fails to provide all the above information or does not indicate an amount of coverage, the bidder's signature on this invitation constitutes certification that, if the bidder is awarded the contract, the bidder shall obtain the necessary coverage as specified within ten days of notification of award of the contract.

If at any time or times any claim or claims shall be made to Jackson County by a subcontractor or other persons for any money due for any work, labor or material done upon or supplied upon the work herein contracted for, done for, furnished, or supplied, to the party of the first part, Jackson County may retain such amount as may be due, or may thereafter become due under this contract, or may pay the same when said claim shall thereafter be finally established in court, and such amount is hereby assigned to Jackson County to pay such claim or claims, such payment to be done when so established, but the contractor shall not be entitled to demand or receive payment of this agreement until all disputes, disagreements, and questions between the parties herein affecting the right to any portion of the amount claimed, shall have been settled as above provided for, and Jackson County is hereby authorized to deduct from the said amount any money due it upon any account or claim.

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, the 2024 Supplemental Specifications modifying the 2021 Standard Specifications, General Conditions, Supplemental thereto (Published and Not Published) and Special Provisions modifying them, except as noted below.

Modification of Standard Specifications

SECTION 101 DEFINITION AND TERMS

Section 101.14 COMMISSIONER Delete as written and substitute the following:

THE JACKSON COUNTY BOARD OF

COMMISSIONERS

Section 101.22 DEPARTMENT Delete as written and substitute the following:

THE JACKSON COUNTY BOARD OF

Section 101.24 ENGINEER Delete as written and substitute the following:

THE JACKSON COUNTY, DIRECTOR OF

TRANSPORTATION, ACTING DIRECTLY OR

THROUGH HIS DULY AUTHORIZED

REPRESENTATIVE.

ADD Section 101.83 COUNTY THE JACKSON COUNTY BOARD OF

ADD Section 101.84 ATLAS ATLAS TECHNICAL CONSULTANTS, LLC.

SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS

Section 102.01 PREQUALIFICATION OF BIDDERS Add in its entirety and substitute the following:

Bidders may be required to submit additional evidence setting forth qualifications which entitle him to considerations as a responsible Contractor. This may include:

- A complete listing of all work currently under contract and its current status

- A full listing of all work to be self-performed and to be completed by subcontractors on this project

- A listing of available equipment for use on this work, including the type, size and location of equipment

- A listing of available personnel, both supervisors and operators, for use on this project including the current projects that these personnel are assigned.

Section 102.05 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK

Add the following paragraph:

"The County will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations."

Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs:

"I. The County reserves the right to 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 County 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.

J. The County also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to the Jackson County, 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 an amount not less than five percent (5%) of the amount bid and made payable to the Board of Commissioners of Jackson County. Such Bid Bond shall be on the forms provided by the County."

Section 102.09 DELIVERY OF PROPOSALS Delete in its entirety and substitute the following:

"One (1) original and two (2) copies of the Request for Bid must be submitted. Bids must be in a sealed envelope of sufficient size with the following clearly typed or printed on the outside -the bidder’s name and address and labeled ITB 240029, “Hurricane Shoals Park Pedestrian Bridge” and delivered to:

Jackson County Board of Commissioners Attention: Kenneth Morris, Purchasing Manager 4965 Jackson Parkway Jefferson, Georgia 30549

Bid shall be submitted on the Bid Form provided by the County.

The bid package as described in Notice to Contractors, should be submitted with the bid. Failure to do so may result in the rejection of the bid."

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 such interpretation should be addressed to the Kenneth Morris, Purchasing Manager, (706)367-6309. Any request not received in time to accomplish such interpretation, and distribution may not be accepted."

SECTION 103 AWARD AND EXECUTION OF CONTRACT

Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute the following:

"The contract, if awarded, shall be awarded to the lowest responsive and responsible bidder.

Jackson County reserves the right to exercise exclusive discretion as to the responsibility of any bidder.

The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties.

The Contract will be awarded by the County, if at all, within 50 calendar days after the opening of the Bids, unless the successful Bidder agrees in writing to a longer period for the Award.

The Award of Contracts involving work financed entirely or in part by Federal funds is conditioned upon the concurrence of the Federal agency involved. No bid will be negotiated or adjusted.

Single as well as multiple bids for the Project will be opened and read. If only one bid is received on the Project and the amount of that bid is equal to or less than the County's cost estimate for the Project, that bid may be used.

Award notification will be posted after award by the County.

If only one bid is received and the amount of that bid exceeds the County's cost estimate for the Project, the County may, at its option, award the contract, or reject the bid and readvertise, perform the work itself, or abandon the Project.

The successful bidder will be notified by letter to the address shown on his Bid that his Bid has been accepted, and they have been awarded the Contract.

103.04 RETURN OF PROPOSAL GUARANTY:

Delete in its entirety and substitute the following:

“All Bid Guaranties may be retained until the Contract and Contract Bond have been signed and approved. Early release of Bid Guaranties, only from unsuccessful bidders, will be considered if a request is made in writing.”

SECTION 103.06 EXECUTION AND APPROVAL OF CONTRACT:

Delete in its entirety and substitute the following:

“The Contract shall be signed by the successful Bidder and returned within 15 calendar days after the date of the letter transmitting the Contract to the Bidder. No Contract shall be considered as effective until it has been fully executed by all of the parties.”

Section 103.07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following:

"Failure to execute the Contract, Contract Performance and Payment Bond, or furnish satisfactory proof of carriage of the insurance required within 15 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 bid guaranty to Jackson County, not as a penalty, but as liquidation of damages sustained.

At the discretion of the County, the award may then be made to the next lowest responsible Bidder, or the Work may be re-advertised or constructed by County forces. The Contract and Contract bonds shall be executed in duplicate."

SECTION 104 - SCOPE OF WORK

SECTION 104.03.A - AUTHORITY TO MAKE CHANGES:

Delete the second paragraph and substitute the following:

“Whenever an alteration in character of work involves a substantial change in the nature of the design or in the type of construction or materially increases or decreases the cost of performance, a Supplemental Agreement acceptable to both parties shall be executed before work is started on such alternation, except that in the absence of a Supplemental Agreement acceptable to both parties, the Engineer may direct that the work be done either by Force Account or at existing Contract prices subject to the provisions of Sub-Section 105.13. Any Force Account Agreement must be in writing, specifying the terms of payment, signed by the County and agreed to in writing by the Contractor.

All work shall be performed as directed and in accordance with the Specifications.”

SECTION 105 - CONTROL OF WORK

105.13 CLAIMS FOR ADJUSTMENTS AND DISPUTES:

Retain as written and add the following to Sub-Section 105.13.B.7:

“Stand-By Rate will be 50 percent of the operating rate.”

SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE

PUBLIC

Section 107.15 RESPONSIBILITY FOR DAMAGE CLAIMS Delete the paragraph and substitute the following:

“The Contractor shall indemnify and save harmless the County, the engineer, and their agents and employees, from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in safe-guarding The Work; or through use of unacceptable materials in constructing The Work; or because of any act of omission, neglect or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the Workmen’s Compensation Act, or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of his Contract as may be considered necessary by the County for such purpose may be withheld for the use of the County; or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the County; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance.”

Section 107.18 ACQUISITION OF RIGHT OF WAY Add the following paragraph:

"The Contractor shall inspect all easements and rights-of-way to ensure that the County has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department."

Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND

SERVICE

Add the following sentence to Paragraph A:

"The Contractor is responsible for the location of above and below ground utilities and structures which may be affected by the Work."

SECTION 108 - PROSECUTION AND PROGRESS

108.01 SUBLETTING OF CONTRACT

Retain this Section as written and add the following:

“In accordance with the provisions stated above, the following items are designated Specialty Items whenever they appear in the Contract:

All Grassing Items All Fencing Items All Highway Lighting Items All Highway Sign Items All Guardrail Items (Except Bridge Handrail) All Utility Items All Comfort and Convenience Facilities in Rest Areas All Landscaping Items All Pressure Grouting, Slab Removal and Replacement All Permanent Traffic Markings All Signal Systems All Railroad Trackwork above Sub-ballast Construction Layout

The cost of the above items will be subtracted from the original Contract Amount and the subsequent balance used to determine the percent limitation mentioned above.

If the Contractor elects to sublet a Specialty Item, no work on any such Specialty Items shall be begun without prior approval of the necessary Subcontract.

The Contractor's cost for Construction Layout shall be fully documented prior to deduction from the original Contract amount.

Contractor providing utility work must have a current valid Utility Contractors License.”

108.02 NOTICE TO PROCEED:

Retain as written except as follows:

Delete the second paragraph which begins "Within 10 calendar days .... " and substitute the following:

“Within 10 calendar days after the Notice to Proceed has been issued, the Contractor shall begin the work. Contract Time charges for Available Day and Calendar Day projects will begin on the date the Contractor starts to work, or 10 days after the Notice to Proceed, whichever comes first.

For Completion Date Projects Contract Time charges shall begin on the day after the Notice to Proceed.

The Engineer has the authority to suspend the Work wholly or in part, for as long as he may deem necessary, because of unsuitable weather, or other conditions considered unfavorable for continuing the Work, or for as long as he may deem necessary by reason of failure of the Contractor to carry out orders given, or to comply with any provision of the Contract. If the performance of all or any portion of the Work is suspended or delayed by the Engineer, in writing, for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer, in writing, a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of, and not the fault of, the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Engineer will notify the Contractor of his/her determination whether or not an adjustment of the Contract is warranted.

No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this Contract.”

SECTION 109 MEASUREMENT AND PAYMENT

Section 109.08 FINAL PAYMENT Delete in its entirety and…