Morgan County Board of Commissioners

Request for Proposals

Construction Specifications and

Contract Documents

RFQ MORGAN COUNTY

PUBLIC SAFETY COMPLEX

ROOF REPLACEMENT

March 2nd, 2026

Prepared By:

Terra Via Engineering Madison, GA

Contact: Aaron Wadley, PE aaron@tv-eng.com

RFQ - MORGAN COUNTY PSC ROOF REPLACMENT

Morgan County Board of Commissioners

REQUEST FOR PROPOSAL

Morgan County will accept sealed proposals in response to this Request for Proposals. This RFQ is subject to the instructions, conditions, specifications, addenda, and other elements, included herein and those incorporated by reference.

ISSUE DATE: March 2nd, 2026

BID TITLE: RFQ MORGAN COUNTY PSC ROOF REPLACMENT

CONTACT: Aaron Wadley, Engineer

TELEPHONE: 404-326-4522

E-MAIL ADDRESS: aaron@tv-eng.com

REQUIRED PREBID MEETING AND SITE VISIT, MUST ATTEND 1:

• THURSDAY MARCH 12TH 10 AM

• MONDAY MARCH 16TH 2 PM

LOCATION: Morgan County Public Safety Complex – SHERIFF’S OFFICE LOBBY 1380 Monticello Road

Madison, GA 30650

BID OPENING: Wednesday APRIL 1ST 11:00 AM

LOCATION: Morgan County Board of Commissioners Upstairs Commission Meeting Hall 150 E. Washington St

Madison, GA. 30650

QUESTIONS DUE: WEDNESDAY March 18th, 1:00 PM All questions to be sent to the engineer, Aaron Wadley aaron@tv-eng.com. Questions must be in writing to be considered. Any perceived response not in writing is not official.

Copies of this solicitation may be obtained from the Morgan County website:

https://www.morganga.org/Bids.aspx

Proposals must be received by Morgan County on or before the bid opening (those received after that time will not be considered), at which time the proposals and bids will be publicly opened and read aloud.

Submit 2 copies of proposal and one electronic copy on a flash drive in sealed envelope.

Proposals may be accepted via mail or parcel but will not be considered if not received by bid opening.

*ALL REFERENCES TO BIDS, BIDDERS, OR INVITATION TO BID REFER TO A PROPOSAL PROCESS.

mailto:aaron@tv-eng.com

INSTRUCTIONS TO PROPOSERS

This project is a replacement of a previous solicitation of a similar title. Morgan County cancelled the previous solicitation, described as Invitation to Bid, due to potential for budget overrun if contract quantities were more than anticipated. Testing was performed to more accurately reflect potential repairs. All quantities shown are budgetary only, for the County’s use in bidding.

No guarantee is made of the complete accuracy of the quantities described herein.

Morgan County will accept qualified bids for this project, with a weighted adjustment for the purposes of selection. Bids will be received in sealed envelope by Morgan County on or before start of bid opening, at which time the bids will be publicly opened and read aloud. Bids received after that time will not be considered.

All sealed envelopes must contain 2 copies of the proposal and an electronic copy, on a USB device, in a single PDF file. No other material is permitted on the USB device.

All bids must be made on the forms included in this solicitation OR reproduction with no changes to verbiage or structure. All bids must be signed. Unsigned bid forms or bid proposals will not be considered. The County will not accept faxed or emailed forms.

All bidders must satisfy themselves by personal examination of the locations of the proposed work, by examination of the Specifications and requirements of the work and the accuracy of the estimate of the quantities of the work to be done, and shall not at any time after the submission of a bid dispute or complain of such estimate nor assert that there was any misunderstanding in regard to the nature or amount of work to be done. The County will not be responsible for bidders’ errors and misjudgments, nor any information on local conditions or general laws and regulations.

The Documents and Specifications contain the provisions required for the construction of the project. No other information obtained from any officer, agent, or employee of the County on any such matters shall in any way affect the risk or obligation assumed by the Contractor or relieve Contractor from fulfilling any of the conditions of the contract, unless issued as a formal addenda.

A Bid Bond in a commercially standard form from a Surety Company acceptable to the County, payable to Morgan County with power of attorney must accompany each bid equal to five (5) percent of the total amount of the Base Bid. As soon as the bid prices have been compared, the County will return the Bid Bond of all except the two lowest responsible bidders. When the contract is awarded, the bonds of the unsuccessful bidder(s) will be returned. Bidders not present at time of opening may pick up the bid bond from Morgan County.

Proposals which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations or irregularities of any kind or which do not comply with the

Morgan County Board of Commissioners

INFORMATION FOR BIDDERS may be rejected at the option of the County. The County reserves the right to reject any and all bids or to accept any bid. Morgan County reserves the right to cancel and rebid.

A bidder may withdraw any proposal he has submitted at any time prior to the hour set for the closing of the bids provided the request for withdrawal is signed in a manner identical to the proposal being withdrawn. No withdrawal or modification will be permitted for 30 days after the hour and date designated for opening the bids.

The included PROPOSAL BID TABULATION FORM lists the various divisions of construction contemplated in the Specifications, together with an estimate of the units of each. With these units as the basis, the bidder will extend each item, using the cost he inserts in the unit column.

Any total cost found inconsistent with the unit cost when the bids are examined will be deemed in error and corrected to agree with the unit cost that shall be considered correct.

The Bidder agrees to maintain a cumulative total of quantities of work installed and work remaining to be performed and shall take all precautions as necessary to prevent installation of quantities with total values exceeding the contract price. The Bidder also agrees that under no circumstances will he be paid a sum above the contract price without a contract change order.

Project is a Unit Price Contract based on prices stated on PROPOSAL BID TABULATION FORM.

Contractor will be paid based on quantities installed and measured based on these unit prices.

Questions and Explanations All questions or explanations requested by Bidders shall be submitted in writing as shown.

Necessary replies will be recorded as Addenda and provided to all Bidders, and receipt thereof shall be acknowledged on the proposal. Bidders shall check with the County prior to bid opening to secure any Addenda that may affect bidding. Oral instructions are unofficial by nature and do not form a part of the Bidding Documents.

All bid proposals must include the following (complete and signed):

1. Proposal Signature Page w/ Addendum Acknowledgement

2. Bidder Qualifications and References

3. Copy of the contractor's certified installer credentials

4. Copy of manufacturer warranty

5. Bid Bond

6. Proposal Bid Tabulation Form

7. List of all Sub-contractors and work to be performed

8. Proof of insurance meeting the following requirements:

9. Federal E-Verify

10. W-9

Morgan County Board of Commissioners

The successful bidder must provide the following, in accordance with the contract documents:

1. Certificate of Insurance naming Morgan County as additionally insured with any exclusions listed, including $1 million per incident in each of the following:

• General Liability

• Worker’s Comp

• Auto Insurance

2. Performance-Payment Bond for 100% of the total Base Bid amount with Power of Attorney.

3. W-9 Form, if a new vendor

4. Federal E-Verify

Morgan County Board of Commissioners

PROPOSAL SELECTION CRITERIA

Morgan County intends to award this contract to the lowest responsive and responsible bidder, with a price adjustment of up to ten percent (10%) applied to the Base Bid for purposes of evaluation only.

The Base Bid may be reduced by the percentages listed below solely for evaluation and ranking.

The actual contract amount shall be the bidder’s submitted Base Bid.

Bid adjustment credits will be applied only if the required documentation is included with the sealed proposal at the time of bid submission. Failure to provide documentation will result in forfeiture of the associated credit.

Maximum Total Adjustment: 10%

1. Qualified TPO Removal and Replacement Experience – 2% Bidder shall have successfully completed a minimum of three (3) TPO roof removal and replacement projects within the past five (5) years meeting all of the following:

• Minimum 20,000 square feet each

• 60 mil TPO membrane or greater

• Mechanically attached or adhered system

• Manufacturer-issued warranty

Documentation Required:

• Project list including size, membrane type, and completion date

• Owner contact information for verification

2. Detention / Limited Access Facility Experience – 3% Bidder shall demonstrate successful completion of at least one (1) roofing project within the past five (5) years at an occupied jail, prison, courthouse, or active law enforcement or secure government facility. Project must have required security coordination and continued occupancy during construction.

Documentation Required:

• Project description including security constraints

• Owner contact information

3. Roofing System Integration and Warranty Continuity – 2% Given that a portion of the existing roof system was replaced within the past 12 months and remains under manufacturer warranty, the County considers long-term system continuity and warranty integrity to be material to project performance.

Bidder shall demonstrate the ability to integrate new work with the adjacent existing TPO roof system while preserving manufacturer warranty eligibility.

Documentation Required:

Morgan County Board of Commissioners

• Manufacturer certification letter confirming installer eligibility for a 20-year No Dollar Limit (NDL) warranty

• Written confirmation from manufacturer that tie-in will not void or impair existing warranty coverage

• Narrative describing tie-in approach and coordination with manufacturer inspection

This credit is awarded based on demonstrated ability to preserve system continuity and warranty protection, not on prior work history at this facility.

4. Prior Morgan County Public Works Experience – 1% Bidder shall have successfully completed at least one (1) Morgan County public works construction contract exceeding $100,000 within the past five (5) years.

Documentation Required:

• Project description

• County department reference

5. Local Contractor – Morgan County – 1% Bidder maintains a principal place of business physically located within Morgan County, Georgia.

• Business license or documentation verifying physical location

6. Proximity to Project Site – 1% Bidder maintains a principal place of business within forty (40) miles of 1380 Monticello Road, Madison, GA.

• Business address verification

Additional Clarification

• All evaluation adjustments are applied strictly for comparison purposes only.

• The County reserves the right to verify all submitted documentation.

• The County reserves the right to determine bidder responsibility in accordance with Georgia procurement law.

• Failure to meet minimum solicitation requirements, including manufacturer certification and bonding requirements, will render a proposal non-responsive.

• Existing warranty is attached for reference.

Morgan County Board of Commissioners

MINIMUM GENERAL BID CONDITIONS

The following Minimum General Bid conditions have been developed and pertain to any and all purchases that may be made as a result of this bid request.

1. The County has the right to accept the lowest responsive and responsible bid.

2. ACCEPTANCE AND REJECTION. Each bid submitted by a contractor shall be considered an offer to perform the specified services. The County reserves the right to reject any and all bids, to waive any informality in bids, and unless otherwise specified by the bidder, to accept any item in the bid.

3. TIME OF ACCEPTANCE. It is understood and agreed that the County shall have forty-five days to accept bid.

4. ERROR IN BID. In cases of errors in the extension of prices in the bid, the unit price will govern. No bid shall be altered or amended after the specified time for opening bids.

After bid opening, a vendor will be permitted to withdraw a bid only when there is obvious clerical error in the bid as determined by the County.

5. DEFAULT OF CONTRACTOR. In case of default of the Contractor, the County may procure the articles of services from other entities and hold the Contractor responsible for any excess cost occasioned thereby.

6. SAMPLE OF MATERIALS. Samples of items, when required, must be furnished free of expense, and if not destroyed, will upon request, be returned at the bidder’s expense.

7. SIGNATURE ON BIDS. Each bid should give the full name and business address of the bidder. Unsigned bids will be rejected. The person signing the bid must show his or her title, and if requested by the County, must furnish satisfactory proof of his or her authority to bind his or her company in contract. Bids must be type written or in ink, otherwise they may not be considered. Purchase order will be issued to the firm name appearing on the bid.

8. ALTERNATE BIDS. Alternate bids will not be considered unless specifically called for in the bid.

9. BOND REQUIREMENTS. All bond requirements shall be identified in the invitation to bid. The right is reserved to require the successful bidder to furnish security, free of any expense to the County, to guarantee faithful performance of the contract.

10. SPECIFICATIONS. It is understood that reference to available specifications shall be sufficient to make items of such specifications binding on the Contractor.

Morgan County Board of Commissioners

11. INSPECTION. Whether or not an inspection point is specified herein, all material and workmanship shall be subject to inspection and test at all times and places (including inspection and test after arrival at destination) and, when practicable during manufacture. In case any articles are found to be defective in material or workmanship, or otherwise not in conformity with the specification requirements, the County shall have the right to reject such articles or require their correction. Final inspection shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud.

12. WARRANTY. Workmanship will be guaranteed for the greater of five years or stated warrantee of the product or application in question.

13. RETAINAGE. Retainage will be held on this contract. Substantial completion, reduced to 5% through closeout.

14. Faxed or electronically submitted bids will not be accepted.

NO BIDS/PROPOSALS WILL BE ACCEPTED AFTER THE ADVERTISED BID OPENING TIME.

PROPOSAL SELECTION CRITERIA

The proposal will use the base bid and reduce the base bid up to 10% for the purpose of selection.

-2% qualified TPO removal and replacement work -2% qualified work on detention facilities or other limited access facilities -2% qualified work on this facility -2% qualified work with Morgan County.

-1% local contractor (Morgan County) -1% within 40 miles of the site

PROPOSAL SIGNATURE PAGE

I, the undersigned, do hereby agree to the terms and conditions provided in this solicitation.

Name of Company:

Georgia Contractors License Number (if applicable):___________________________

Address: ____________________________________________________

Telephone Number: ___________________ Fax Number: _____________________

E-mail Address: _________________________________________________________

ADDENDUM ACKNOWLEDGEMENT. Acknowledgment is hereby made for receipt of all addenda issued for this solicitation, the provisions of which are incorporated herein.

Addendum No. ______ Date Issued: _________________

Addendum No. ______ Date Issued: _________________

Addendum No. ______ Date Issued: _________________

Addendum No. ______ Date Issued: _________________

Authorized Signature: _______________________________________________

Printed Name: _______________________________________________

Title: _______________________________________________

Signed, this _________ day of _________________, 2021.

Morgan County Board of Commissioners

BIDDER QUALIFICATIONS & REFERENCES

(Bidder may use their own form)

All Bidders for these services must have adequate industry experience and professional qualifications for capital maintenance of historic and institutional building projects in the County according to these Specifications. The County will confirm the below qualifications and references prior to awarding the Contract.

References for three similar-sized projects, performed in the last 5 years, preferably located in this geographical region

1. Reference Name: __________________________________________________________

Date of Project: Location: ____________________________________

Description: ____________________________________________________________

Contact Name: ____________________________________________________________

Address: __________________________________________________________________

Telephone: ___________________ Email: _____________________________________

2. Reference Name: __________________________________________________________

3. Reference Name: __________________________________________________________

SCOPE & DESCRIPTION OF WORK

This project includes replacement of the roof at Morgan County’s Public Safety Complex at 1380 Monticello Road, Madison, GA 30650 *All personnel that enter a secured area of the lawn or buildings are subject to background check at the discretion of the Sheriffs Department.

Base scope of work:

• Remove and replace existing TPO roof over Public Safety Office (Sheriff, Fire Headquarters, Emergency management and Maintenance) o ½” High density recovery board to be mechanically fastened over existing or replaced ISO.

o 60 mil TPO membrane to be used o Manufacturer 20 year warrantee o Installer 5 year leak free warranty o Establish walkways / around mechanical units and regular service areas

• Remove, preserve, and reinstall lightning protection o 3rd party UL “letter of findings”

• Replace all impacted sheet metal trim, gutter, flashing, with color matched factory finish.

• Enhance roof drainage o Establish sump at all drains o Enhance crickets to minimum slope, if applicable

• Inspect insulation board and replace damaged boards, to be paid per board foot.

• Add walkpad on the service side(s) of all mechanical units and two rows at the access door. Existing walk pad does not need to be replaced in the current location.

• Contract to obtain all required permits

• Incidental: All other work required to achieve this scope of work is included

• Maintain access to the PSC at all times.

General conditions:

• Coordinate with engineer, as required, including, but not limited to:

o Semi-weekly inspections o Schedule – Weekly updates o Shop drawings o Key deliveries o Any work impacting tenant or County use o Any damages, injuries, accidents, or complaints are to be reported immediately o All specialized work and installation o All contact: Aaron Wadley – Terra Via Engineering

404-326-4522 aaron@tv-eng.com

• All environmental and safety regulations are to be strictly followed.

• Authorized work areas and staging areas are to be agreed ahead of time and will be fully restored upon completion

• All equipment and materials necessary to do the full scope of work are to be included

• Contractor may be given access to certain areas in the building interior. This access must be controlled by a responsible party. Building interior is not to be used for storage

Morgan County Board of Commissioners of materials, general roof access, restrooms, etc. Interior access may require sign-in/sign-out controls. Certain individuals or all personnel may be barred from accessing the interior of the building for a period of time or throughout the project.

• Certain areas over inmate or other occupied space require scheduling in advance to relocate inmates and/or operations activities. Unscheduled work will be subject to LDs at the discretion of the engineer.

• Protect the grounds and surrounding areas from damage during work. Restore any damaged areas to their original condition.

• Portable toilet to be kept on-site. 1 per 10 people, cleaned weekly at a minimum.

• Contractor is not to bill more than the purchase order amount without written authorization.

• All work described below is included in the lump sum bid unless specifically mentioned otherwise.

• Any work required to complete this scope but not specifically called out is considered incidental and is to be completed in the overall scope under the lump sum bid.

• Remove and dispose of all debris associated with this work.

• A minimum of 10% will be withheld until Final inspection and all warranties are received.

• Includes bid bond issued by a surety licensed to do business in Georgia and acceptable to the owner. No cashier's checks or similar. Bid bond amount to not be less that 5% of the bid amount.

• 5% Bid Bond will be required to be submitted with the bid.

• 100% Payment and Performance Bond Will be required upon award.

Lightning Protection:

• Remove and store the existing lightning protection items in this area, as required. At the completion of roof work reinstall the lightning protection in this area. Add any missing components, replace any broken components to make this roof area complete. Upon completion have a third-party Underwriter's Laboratory inspection and obtain a "Letter of Findings" for this rooftop portion of the system addressed to the owner. (See Special Provisions)

TPO Roofing System:

• Remove the existing roof membrane from the roof and walls.

o Underlying insulations to remain.

o Any deteriorated/ wet insulations to be removed/ replaced with the same materials (per board foot installed) An IR scan and a roof walk has identified 8,458 board feet of potential replacement. This is considered a worst case scenario and identified some areas that TPO may have separated and that may not need to be replaced. The actual replacement amount is expected to be lower.

• Enhance the existing tapered insulation crickets (between the drains and between the thru-wall scuppers) as required to achieve 1/2 in 12 minimum slope.

o Drains to be sumped as part of this tapered work.

o Repair roof drains and roof drain connections o Non-metal, exposed drainage components shall be replaced.

• Mechanically attach new 60mil white TPO membrane to roof.

• Adhere new 60mil white TPO membrane at interior of parapet walls wrapped under the existing metal coping and terminate with mechanical fasteners as per manufacturer's details.

Morgan County Board of Commissioners o Fabricate and install 24ga skirt flashing that extends up under the existing coping cap and down over the top of the new wall flashing membrane.

o Existing coping may be reused if in good shape, finish to be restored.

o Preserve the expansion joint at the west wall. Replace or repair in kind. If TPO laps this joint, provide a loose pleat at joint for expansion.

• All flashing and details to be completed in accordance with manufacturer's 20-year warrantable details.

• Flash existing roof drains

• Flash thru-wall scuppers with new TPO clad scupper liners. Heat weld strip-in with TPO membrane

• Flash all roof penetrations as required (plumbing pipe vents, curbs, conduits, pourable sealant pockets, etc.) in accordance with manufacturer's 20-year details.

• Any required sheet metal flashing / counter flashing to be fabricated with 24ga Kynar finished steel unless noted otherwise.

• Parapet coping to use two part cleated installation. See adjacent roof.

• Custom fabricate and install leader heads with downspouts to grade using .040 Kynar finished aluminum, if damaged.

• Replace all walkpad with contrasting color walkpad in kind, with the addition of walkpad around all sides on HVAC units and connecting to wall with expansion joint.

• Contractor's five-year workmanship warranty against roof leaks, and roofing manufacturer's 20 year No Dollar Limit (NDL) warranty included.

o This warranty includes a technical inspection of the roof by the manufacturer when complete and before issuing the warranty.

o Annual inspection required for 5 years.

SUBJECT ROOF

AaronWadley Polygon

Morgan County Board of Commissioners

Contractor, employees, subcontractors are not permitted to utilize the adjacent tenant roof for any reason, unless required by the work. No materials may be stored on the adjacent new roof for any period of time.

Skylight Replacement

Scope: Replace 38 skylights (nominal 4x4, approx. 51”x51”) in kind, at a minimum:

• Double Domed curb-mounted

• Warranty to be included with roof

• Clear over white coloring

• To include all hardware, flashing and trim.

• Meet manufacturer requirements sufficient to obtain a joint warranty.

• Work in the areas with skylights are partially over inmate recreation areas.

A strict schedule must be adhered to in this area so inmates can be moved to open areas prior to work that can impact inmate areas, including any openings or penetrations that could cause ceiling material or fire proofing to fall

Maintenance Agreement

Contractor to provide 5 year maintenance agreement to repair roof damage not associated with warrantee work, to include:

• Annual inspection of all TPO, including the adjacent roof, recently completed.

• Repair of minor damage, including up to 5 patches less than or equal to 5 sf of material.

• Emergency repair response within 24 hours in the event of a leak or damage.

BID TABULATION FORM

MORGAN COUNTY

PSC ROOF REPLACMENT

In compliance with your legal Notice to Bidders for the above referenced project, in Morgan County, the undersigned bidder, a corporation organized and existing under the laws of the State of _________________, or a partnership of ____________________ or an individual doing business as __________________________ of the County of____________________, State of __________________, having examined the specifications and contract forms thereto attached, and being fully advised as to the extent and character of the work to be performed, and the equipment to be furnished, hereby proposes to furnish all labor, tools, material, plant and equipment necessary for the Project.

The quantities presented in the following Proposal Bid Tabulation Form are for bidding purposes and comparison only.

Morgan County does not guarantee that the County will issue any work orders for any project under this contract.

The bidder shall complete all tables below to establish bid.

TOTAL BASE BID ___________________________________________________________

NUMERIC

WRITTEN

Contractor Initial & Date

ITEM UNIT QTY UNIT PRICE TOTAL

MORGAN COUNTY PUBLIC SAFETY

CENTER ROOF REPLACEMENT

LS 1

INSULATION BOARD REPLACEMENT BF 8500

TOTAL

Morgan County Board of Commissioners

The undersigned further proposes to perform all work and furnish all equipment in accordance with the specifications and contract stipulations thereof, within the time limit specified, for the price so stated above.

Bidder understands that the County reserves the right to reject any or all bids, or portions thereof, and to waive any informality in bidding.

The bidder agrees that his bid shall be good and may not be withdrawn for a period of thirty (30) days after the scheduled closing time for receiving bids.

Upon receipt of written notice of acceptance of this bid, Bidder will execute the enclosed formal contract and deliver insurance coverage as required by the INFORMATION FOR BIDDERS within ten (10) business days of notice.

BIDDER/CONTRACTOR

Name of Company: __________________________________________________________

Contractors License Number: _____________________________________

Address: _____________________________________________________

Telephone Number: _____________________

Fax Number: _____________________

E-mail Address: _________________________________________________________

Authorized Signature: _______________________________________________

Printed Name: _______________________________________________

Title: _______________________________________________

Signed, the _______ day of ______________________, 2024.

Morgan County Board of Commissioners

SUBCONTRACTOR TABULATION FORM

(Bidder may use their own form)

List all subcontractors, excluding trucking and hauling.

1. Company: ______________________________________________________________

Description of work:________________________________________________________

2. Company: ______________________________________________________________

3. Company: ______________________________________________________________

Note: This form must be returned with the bid. Use additional sheets as necessary.

CONTRACT WITH MORGAN COUNTY

This Contract for the above referenced project (the “Agreement”) is made and entered on

_________________, 2025 (the “Effective Date”) by and between the Morgan County Board of

Commissioners (the “County”) and ______________________________ (the “Contractor”).

This Agreement is made with reference to the following facts:

A. The intent of this Agreement is to provide for construction and completion of the referenced project as assigned by Morgan County, in accordance with the specifications herein and using a standard of care consistent with general roadway construction and maintenance and the terms and conditions herein.

B. Assigned work may or may not include project plans. If project plans are provided, all work will be completed according to those drawings and specifications in addition to the terms and conditions of this Agreement.

C. Unless otherwise specified, the Contractor will furnish all materials, incidentals, equipment and perform all labor necessary to perform the work authorized by the County and detailed in project plans and specifications.

D. All work will be assigned by the County Manager as needed. Payment for goods and services shall be as measured and be complete and in-place, including all mobilization, labor, materials and incidentals.

NOW THEREFORE, the County and Contractor, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows:

1 Definitions. The following terms have the meanings given in this section:

1.1 “County Manager” means the County Manager of the County, or his/her designee.

1.2 “Contract Documents” means this Agreement, those certain Contract Specifications and Contract Documents referenced in the Invitation to Bid and addenda, and the PROPOSAL BID TABULATION FORM included therein.

1.3 “Services” means the furnishing of labor, materials, equipment and services necessary to perform Road Maintenance Projects or Drainage Maintenance Projects, or both, as the case may be.

Morgan County Board of Commissioners

1.4 LEFT INTENTIONALLY BLANK

1.5 LEFT INTENTIONALLY BLANK

2 Quantities.

2.1 The County reserves the right to alter the quantities of work to be performed or to extend or to shorten the work at any time, when and as found necessary. The Contractor shall perform the work as altered, increased, or decreased at the unit price provided in enclosed PROPOSAL BID TABULATION FORM. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of this Agreement.

3 Time for Performance.

3.1 Term. The term of this Agreement shall commence on the Effective Date (Notice to Proceed) and continue for 120 calendar days (the “Term”).

3.2 Mobilization. Unless otherwise specified in the Final Work Order, within ten (60) calendar days of the issuance of a Notice to Proceed, the Contractor shall mobilize his forces and commence performance of the Services.

3.3 Time. Contractor shall not commence performance of Services prior to 7:00 AM, nor extend past sundown, except as directed by the engineer. All work shall be completed in a timely manner within the specified time frame given by the engineer for each work order. Delays deemed unacceptable by the County shall be grounds for termination of this Agreement.

4 Consideration.

4.1 The County shall pay to the Contractor for the diligent, faithful performance of this Agreement the actual cost of the Services performed and accepted by the County based on the unit prices attached hereto and incorporated herein as

“PROPOSAL BID TABULATION FORM.”

4.2 The County shall make payments on a monthly basis to the Contractor on the basis of a duly certified and approved invoice of the Services performed during the preceding calendar month.

4.3 The County may pay stored materials at the actual cost of the material, not to exceed 40% of the contract value. Manufacturer Invoices must be provided with contractor invoice to seek stored material.

Morgan County Board of Commissioners

5 Insurance. The Contractor shall purchase and maintain insurance for the protection of claims under worker’s compensation acts, for bodily injury and for property damage arising out of Contractor’s obligations and duties under this Agreement as follows:

5.1 Comprehensive General Liability with policy limits of not less than One Million Dollars ($1,000,000.00) for each occurrence and in the aggregate for bodily injury and property damage;

5.2 Automobile Liability covering owned and rented vehicles operated by the Contractor with policy limits of not less than One Million Dollars ($1,000,000.00) combined single limit and aggregate for bodily injury and property damage;

5.3 Worker’s Compensation at statutory limits and Employers Liability with a policy limit of not less than Five Hundred Thousand Dollars ($500,000.00) per claim and in the aggregate;

The Contractor may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies.

The Contractor shall provide to the County certificates of insurance evidencing compliance with the requirements of this section. The certificates will show the County as an additional insured on the Comprehensive General Liability, Automobile Liability, and umbrella or excess insurance policies and contain a waiver of subrogation clause in favor of the County.

All insurance policies shall include a clause which states, in effect, that the policy shall not be canceled, modified, nor allowed to expire until ten (10) days written notice has been received by the County prior to such cancellation, modification, or expiration.

6 Indemnity. Contractor agrees to pay, defend, indemnify, and hold the County harmless from and against any and all liabilities, losses, damages, costs, expenses (including all reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from: (i) any use, trespass or damage to private property occasioned by Contractor’s performance of the Services, (ii) the conduct of the Contractor or any of its employees, servants, agents or subcontractors in the performance of this Agreement, or (iii) any injury to or death of any person, or any damage to property caused by Contractor, its employees, servants, agents, or subcontractors. In case any action, suit, or proceeding is brought against the County by reason of any occurrence herein described, Contractor shall, at its own expense, defend such action, suit, or proceeding with counsel acceptable to the County in the County’s sole discretion. The indemnity agreement provided herein shall survive the expiration or earlier termination of this Agreement.

Morgan County Board of Commissioners

7 Performance of Services; Duties of Contractor.

7.1 License. Contractor shall maintain all required licenses and certifications for this work. Each of Contractor’s drivers shall, at all times, carry a valid driver’s license for the type of vehicle he is driving.

7.2 Duty of Care. Contractor shall perform the Services in a good and workmanlike fashion and using the Contractor’s best skill and attention, consistent with the terms and conditions herein, and consistent with any plans and specifications developed by the County.

The Contractor shall provide operating and safety training for all personnel.

Contractor shall be responsible for ensuring all employees wear adequate safety equipment at all times.

7.3 Equipment. The Contractor shall maintain its equipment in operable condition and suitable for the scope of work.

7.4 Permits, Fees and Specifications. The Contractor shall obtain and pay for any permits or governmental fees, licenses, or inspections required for proper execution and completion of the Services.

7.4.1 Unless otherwise noted, all Services shall be performed in accordance with the current edition of the Georgia Department of Transportation Construction Specifications, including all revisions and special provisions.

7.4.2 The Contractor shall interfere as little as possible with the public use of roads, walks, and entrances to buildings, and shall, at its own expense, make such approved temporary provisions as are required to maintain at least one lane of traffic.

7.4.3 All work to be performed within the roadway right-of-way shall be completed with the appropriate traffic control. Traffic shall be directed with such signs, barricades, devices, flaggers, and pilot vehicles that shall conform to the Manual of Uniform Traffic Control Devices.

7.4.4 Left Intentionally Blank

7.4.5 All Work containing erosion/sediment control components, water quality components, ditch linings, etc., shall be constructed in accordance with Georgia Soil and Water Conservation Commission and a GSWCC level I card holder must be present during any and all land disturbing activities.

7.5 Taxes. The Contractor will be responsible for all taxes levied against the Contractor under the laws of the State of Georgia

Morgan County Board of Commissioners

7.6 Warranty. The Contractor warrants to the County that: (i) materials furnished under this Agreement will be new and of good quality, unless otherwise required or permitted by the County, (ii) the Services will be free from defects not inherent in the quality required or permitted; and (iii) the Services will conform to the requirements of any plans and specifications for a particular project and the terms and conditions of this Agreement.

7.7 Cleaning Up. Accumulations of mud or debris that are tracked on to streets or areas adjacent to work sites by construction equipment of the Contractor must be removed promptly and not allowed to create a hazard or an unsightly condition.

After completion of all work contemplated under a Work Order and before final payment thereon has been made, the Contractor shall make a final cleanup of the site of each separate part of the work; shall restore all surfaces to a neat and orderly condition; and shall remove all construction equipment, tools, and supplies therefrom.

Where the Contractor has performed work on, or has made use of, private property for storage of materials or for other purposes, he shall obtain a satisfactory release from the owner of said property after completion of the work and the removal of all materials and equipment therefrom.

8 Independent Contractor. The Contractor is an independent contractor with respect to the County. Nothing contained herein shall create any association, partnership, joint venture, employment, or agency relationship between the parties.

9 Conflicts. In the event of a conflict between the terms of this Agreement and the remainder of the Contract Documents, the terms of this Agreement shall control.

10 Miscellaneous.

10.1 Performance Bond. Contractor shall provide to the County a performance bond in a form reasonably acceptable to the County’s attorney, and in an amount not less than 100% of the Base Bid amount to secure the faithful performance of this Agreement. If the Contractor refuses or fails to provide the Services with such diligence as will ensure its completion within the time specified, in the manner specified, the County may terminate this Agreement and Contractor’s right to proceed. In such event, the County may require the surety under the performance bond to fully perform and complete the work in the manner required by the performance bond. In the alternative, the County may take over the work, by contract or otherwise, and the Contractor and its surety shall be liable to the County for any excess cost.

10.2 Delay Damages. If Contractor fails to commence a Work Order when scheduled or if work ceases for more than five (5) business days and such failure continues for three (3) business days following notice from the County to commence or

Morgan County Board of Commissioners resume the Work Order, then the County shall be entitled to: (i) charge the contractor a $200.00 per day liquidated damage; (ii) terminate the specific Work Order and assign same to another contractor; or (iii) terminate this Contract. The Contractor and County acknowledge and agree that: ascertaining precisely the damages that would be suffered by the County in the event of Contractor’s performance default at any given time during the term of this Contract would be costly, time-consuming and difficult, if not impossible; the amount of the liquidated damages constitutes good faith estimate by the Contractor and County of the damages to the County that would arise from such default by Contractor;

and this agreed and stated amount is intended not as a penalty but as fully liquidated damages to the County for such a default by Contractor. If liquidated damages are incurred, the County shall be entitled to deduct and withhold said amount from payments then or thereafter to become due to the Contractor. If payments then or thereafter due to the Contractor are not sufficient to cover such amount, the Contractor shall promptly pay the difference to the County.

10.3 Equal Opportunity. It is the policy of the County to ensure compliance with Title VI of the Civil Rights Act of 1964, 49 CFR §21, and related statutes and regulations to the end that no person shall be excluded from participation in or be denied the benefits of, or be subject to discrimination under, any program or activity receiving federal financial assistance from the U.S. Department of Transportation on the grounds of race, color, sex, age, disability or national origin. No person shall be denied employment by the Company for reasons of race, color, sex, age, disability or national origin. Affirmative action compliance is required.

10.4 Left Intentionally Blank

10.5 Resident Status. Contractor required to provide E-Verify Affidavit.

10.6 Certified Public Weigher Law. The Contractor or materials supplier shall use certified scales. All applicable materials shall be measured on scales approved by the County Engineer. The Contractor shall provide weigh (haul) tickets for each load delivered to any job site.

10.7 Compliance with Laws. Contractor agrees that the Services provided pursuant to this Agreement shall be provided in compliance with all laws, ordinances and regulations of the United States, State of Georgia, and the County, now or hereafter in effect during the term of this Agreement.

10.8 Assignment. The Contractor shall not assign this Agreement, except upon the express prior written consent of the County.

10.9 Cancellation. The County has a right to cancel this Agreement for convenience on thirty (30) days written notice to the Contractor. The County has a right to cancel this Agreement for failure of Contractor to properly perform the duties herein

Morgan County Board of Commissioners within ten (10) business days written notice to the Contractor. Also, it is agreed that if Contractor is adjudged bankrupt, either voluntarily or involuntarily, or files a bankruptcy petition, then the County may terminate this Agreement at any time.

10.10 Notice. All notices, demands and requests required under this Agreement shall be in writing. All such notices, demands and requests shall be deemed to have been properly given if delivered personally or sent by United States Registered or Certified Mail or by nationally recognized guaranteed overnight courier delivery service, postage prepaid, addressed to the County at:

Morgan County Board of Commissioners Attn: Adam Mestres 150 East Washington Street Madison GA, 30650 and to the Contractor at:

Name of Company: ________________________________________

Address: ________________________________________

10.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflict of law principles.

In case of a dispute as to this form or any document required hereunder, this form shall be conclusively deemed reasonable and shall not be presumptively interpreted against either Party.

10.12 Entire Agreement. This Agreement represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations, or agreements, written or oral. This Agreement may be modified only by written amendment executed by all parties hereto.

IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date first above written.

CONTRACTOR

By: _____________________________

Name: _____________________________

Its: _____________________________

COUNTY

The Morgan County

By: _____________________________

Morgan County Board of Commissioners

SPECIAL PROVISION

LIGHTNING PROTECTION

To be included in the Lump Sum bid price for reroof, including, but not limited to the following:

• System removal prior to roof replacement

• Mark all thru-roof penetrations that must be maintained during reroof

• Provide temporary pathways from adjacent roof areas, if needed, for other roofs to maintain their two-way paths to ground

• Materials will be cleaned, catalogued, and stored on-site or off-site for re-use

• Re-install after reroofing to current UL96A standards

• Repair or replace items to meet UL96A

• Provide new adhesive bases, adhesive clips, and mechanical clips

• New materials used will generally match the existing material

• Mark reroof with location requirements per NFPA 780 and UL96A standards

• Provide a one-year warranty on Lightning protection system work

• Third party (to be provided by the contractor) inspection of reroof area only and letter of findings

SPECIAL PROVISION

TIME AND EXECUTION

Failure to comply with contract time line will result in liquidated damages of $150/calendar day.

Failure to maintain a clean and tidy site or disposing of refuse inappropriately will result liquidated damages.

SPECIAL PROVISION

ACCESS

No access behind fences, other than the laydown area, without approval of MCSO. Schedule roof penetrations with engineer and MCSO. No openings can be made to the interior of the building without approval. Areas with skylights are open to indoor recreation areas. These areas have exposed fireproofing. Schedule any work that may result in material or debris falling into the finished spaces below.

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MULE-HIDE PRODUCTS CO., INC.

SINGLE-PLY NDL SYSTEM WARRANTY FOR COMMERCIAL BUILDINGS Ver. 3.0

WARRANTY NUMBER: 0398903

BUILDING OWNER: Morgan County Board of Commissioners PROJECT NAME: Morgan County PSC

BUILDING ADDRESS: 1380 Monticello Rd.

Madison, GA 30650

EFFECTIVE DATE: June 2, 2025 EXPIRATION DATE: June 2, 2045

In consideration of the warranty fee paid by or on behalf of the above-named Building Owner ('Owner") and the representation to Mule-Hide Products Co., Inc. ('Mule-Hide") by the independent contractor hired by the Owner and registered with Mule-Hide as eligible to apply for warranties ('Eligible Contractor") that the Mule-Hide Roof Coatings System ('System") has been constructed in accordance with Mule-Hide specifications, Mule-Hide warrants to Owner, subject to the following Terms, Conditions and Limitations, that Mule-Hide will be responsible for the repair of leaks in the System installed on the Building for the warranty period indicated above, however, that the System must have been installed by Eligible Contractor using Mule-Hide products and/or other materials supplied or approved in writing by Mule-Hide. 'System" for purposes of this Warranty is defined as Mule-Hide labeled coatings, base coats, primers, flashing grade products and sealants, insulation, accessories and any other products supplied or approved in writing by Mule-Hide utilized in this installation and excludes the roof deck, pre-existing roof system to which the new system is applied, support system, metal flashings and any components of the roofing assembly not supplied or approved in writing by Mule-Hide. The watertight integrity of walls, parapet walls and other adjacent structures is not covered. This warranty does not cover the appearance, cleanliness, discoloration or staining of the System for any reason. There is no dollar limitation ('NDL") on covered repairs. Any dispute, controversy or claim between Owner and Mule-Hide arising out of or related to this Warranty or the Building shall be settled by final and binding arbitration in accordance with the rules of the American Arbitration Association for the Construction Industry. By accepting this Warranty, Owner represents that the Building is a commercial structure and is not used for owner's personal or household purposes. In consideration of the protection afforded by this Warranty, Owner accepts the following Terms, Conditions and Limitations:

Within ten (10) days after Owner or any of its agents discovers (or a reasonable person in Owner's or agent's position would have discovered) any leak, Owner must give written notice (the 'Notice") to Mule-Hide (notice to the contractor is not notice to Mule-Hide) of the existence of each leak in the System or Mule-Hide will have no responsibility for the repairs.

Mule-Hide will…