2026 Electric Distribution Reliablity Improve.pdf

PROPOSAL

CONTRACT AND SPECIFICATIONS

FOR

DALTON UTILITIES - 2026 ELECTRIC DISTRIBUTION RELIABILITY

IMPROVEMENTS

THE WATER, LIGHT AND SINKING FUND COMMISSIONERS

OF

THE CITY OF DALTON, GEORGIA

COMMISSIONERS

ED ANTHONY-CHAIRMAN

TOMMY THOMPSON-VICE CHAIRMAN

KEVIN BRUNSON-SECRETARY

JOE YARBROUGH

MICHAEL DOUGLAS

John Thomas

CHIEF EXECUTIVE OFFICER

DALTON UTILITIES – 2026 ELECTRIC DISTRIBUTION RELIABILITY

IMPROVEMENTS

TABLE OF CONTENTS

Advertisement for Bids

Instruction to Bidders

Contractor’s Bid

Non-Collusion Affidavit

Corporate Certificate

Construction Contract

General Requirements and Conditions

Statement of License Certificate

E-Verify Affidavits

Attachment 1

I

II

III

IV

V

VI

VII

VIII

IX

X

ADVERTISEMENT FOR BIDS

FOR

DALTON UTILITIES – 2026 ELECTRIC DISTRIBUTION RELIABILITY

IMPROVEMENTS

FOR

THE BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS

OF THE

THE CITY OF DALTON, GEORGIA

D/B/A DALTON UTILITIES

Sealed Proposals for DALTON UTILITIES – 2026 ELECTRIC DISTRIBUTION

RELIABILITY IMPROVEMENTS project for the BOARD OF WATER, LIGHT AND

SINKING FUND COMMISSIONERS OF THE CITY OF DALTON, GEORGIA D/B/A

DALTON UTILITIES (“Owner”) will be received in the Auditorium of the Dalton

Utilities’ Administration Building at 1200 V.D. Parrott Jr. Parkway, Dalton, GA until

10:00 A.M. local time Wednesday, March 11, 2026 at which time they will be publicly opened and read. If submitting by mail, send sealed bids to PO Box 869 Dalton, GA 30722;

Attention: David Keaton

Work to be Done: The work to be done (hereinafter referred to as “Work”) consists of furnishing labor and equipment for the following project (Hereinafter referred to as

“Project”):

The work consists of, but is not limited to, a contract that will be signed on or about, Monday, March 23, 2026, after the bids have been reviewed and evaluated. Official contract start date will be Monday, March 30, 2026 and will continue through December

31, 2026. Work will include forty (40) hours a week labor, excluding holidays and inclement weather. Contractor will be responsible to have equipment and tools required for the construction of 7,200/12,470 and 14,400/24,940 VAC 3-phase overhead and underground distribution lines for Dalton Utilities. The contractor will be required to install and remove poles, related capacitor banks, transformers, switches and underground risers and to pull underground wire, re-conductor lines, build new lines and perform other distribution line work related to the improvement of Dalton Utilities’ electrical distribution system. Dalton Utilities will provide all material.

The contractor must be able to supply needed crews to meet the work requirements of

Dalton Utilities.

Dalton Utilities reserves the right to adjust the scope and quantities of the work during the contract period as necessary. The bidder must declare that he understands that the scope of work shown in this proposal is subject to adjustment by either increase or decrease by

Dalton Utilities. Should the quantities of any of the items of the work be increased, the bidder agrees to do the additional work at the unit prices stated herein. Should the quantities be decreased, he also understands that payment will be made on actual quantities at the unit price bid.

Additional Work: Additional work may be awarded in whole or in part in any combination so deemed by Dalton Utilities at the unit prices specified.

Pre-Bid Meeting: A mandatory Pre-Bid Meeting will be held at the Auditorium of the

Dalton Utilities’ Administration Building at 1200 V.D. Parrott Jr. Parkway, Dalton, GA on

Wednesday, February 18, 2026 at 10:00 A.M.

Bidder Pre-qualification: Pre-qualification of bidders for this project is required. Bidders must submit a pre-qualification package containing requested information to the office of

Dalton Utilities by 5:00 P.M., local time, Monday, February 9, 2026. All applicants submitting pre-qualification documentation will be notified of their status via phone call to the contact person listed on the package by 5:00 P.M. on Wednesday, February 11, 2026.

Only bids submitted by properly pre-qualified bidders will be opened.

Time Allotted: This project is to be completed on or before December 31, 2026.

Bids: Bids shall contain complete and detailed prices for labor and equipment.

Contractor’s License: All bidders must possess any and all licenses and permits as may be required by applicable federal, state and/or local law/ordinances.

Withdrawal of Bids: Except as provided in O.C.G.A. Section 36-91-43, no submitted bid may be withdrawn for a period of sixty (60) days after the scheduled closing time for the receipt of bids.

Additional Instructions to Bidders, Specifications and Contract Documents: Additional instructions to bidders, Specifications, and other contract documents may be examined at

Dalton Utilities, Energy Engineering Services, 1200 V. D. Parrott Jr. Parkway, Dalton, GA.

Specifications and Contract Documents may be obtained at Dalton Utilities’ website www.dutil.com/eng or in person at Dalton Utilities, 1200 V.D. Parrott Jr Parkway, Dalton, GA. A nonrefundable charge of $100.00 will be charged for all copies of bid documents obtained from Dalton Utilities.

Acceptance or Rejection of Bids: The right is reserved to accept or reject any and all bids and to waive technicalities and informalities.

Statutory Requirements: Notwithstanding any provision of this advertisement, all proposals must also comply with the minimum applicable requirements of Chapter 91 of

Title 36 of the Official Code of Georgia Annotated.

E-Verify Requirements: All contractors and subcontractors performing work for Dalton

Utilities must participate in the E-Verify Program pursuant to the Georgia Security and

Immigration Compliance Act (SB 529).

http://www.dutil.com/

THE BOARD OF WATER, LIGHT AND SINKING FUND

COMMISSIONERS OF THE CITY OF DALTON, GEORGIA

By: John Thomas, Chief Executive Officer

INSTRUCTIONS TO BIDDERS FOR

DALTON UTILITIES – 2026 ELECTRIC DISTRIBUTION RELIABILITY

FOR THE BOARD OF WATER, LIGHT AND SINKING FUND

COMMISSIONERS OF THE CITY OF DALTON, GEORGIA

D/B/A DALTON UTILITIES

Bids received until 10:00 A.M., Local Time Wednesday, March 11, 2026

Instructions to Bidders

I. Definitions:

Unless otherwise defined in this document, capitalized terms have the meaning defined in the Contract.

II. Complete Work Required:

The Specifications and all Contract Documents are essential parts of the Contract.

Application requirements occurring in one are as binding as though occurring in all. All requirements are intended to be complementary, and to describe and provide for the complete Work.

III. Evaluation of Bidders:

The Contract will be awarded pursuant to O.C.G.A. Section 36-91-21 to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. A responsible bidder is a person or entity that has the capability in all respects to perform fully and reliably the Contract requirements as determined by

Dalton Utilities (“Owner”). A responsive bidder is a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in the invitation for bids as determined by Owner. Factors to be considered may include, but are not necessarily limited to the following:

IV. Determination of Contract Awardee:

The Owner reserves the right to award the project to the Contractor who presents a bid that is determined to be the best overall value to the Owner. This does not guarantee award of the project to the lowest bidder. Award of this contract will be based on a combination of price, schedule, previous experience on similar projects, references from other sources having employed the contractor and all other requirements detailed in this document and all contract documents. The owner will determine which is the lowest responsible and responsive bidder based on:

a) Completeness: The completeness and regularity of the bid form.

b) Exclusions: Bid form without exclusions, alternatives or special conditions.

c) Contract Time: The Contractor has until December 31, 2026 to complete the project.

V. Qualifications of Bidders:

Each bidder must submit as part of its bid proposal a completed Statement of Bidder’s

Qualifications.

The bidder must maintain a permanent place of business.

The bidder must have adequate technical experience on similar projects of comparable size.

The bidder must have sufficient resources (including but not limited to labor, equipment, and financial resources) to complete the Project by the Completion Date and maintain timely progress as determined by the Owner. The bidder should consider existing commitments in determining adequate personnel and equipment availability throughout the

Project so as to stay on schedule and finish all Work by the Completion Date.

The bidder shall possess all necessary certifications for the bidder as an entity, for individuals in its employ, and for all associated equipment to complete the Project by the

Completion Date. Any reference made to necessary certifications includes but is not limited to conforming to the standards of all applicable technical society, organization, body, code and standards including Georgia ITS certification. In a case where the Owner establishes a more stringent qualification, the more stringent qualification shall prevail. In addition, necessary certifications shall include all applicable requirements of local codes, utilities, and any other authorities having jurisdiction regarding the Projects. The bidder must have a damage prevention program in place providing for coordination of excavating with the Utilities Protection Center of Georgia and have the provisions for a readily available location for the excavation permit on site for the particular excavation. This information shall be delivered in writing prior to commencement of Work on the Project.

The bidder shall have all necessary licenses and permits to complete the Projects by the

Completion Date. All licenses and permits must give the bidder authority to perform the

Work including similar licensing for reference in the bidder’s State of origin.

The bidder must have at least one Georgia ITS access only certified employee on the project.

If the Contract is awarded to the bidder, the bidder must obtain and maintain insurance coverage of the types and amounts set forth in the Construction Contract.

VI. Format for Bid Pricing:

Show all construction labor and equipment necessary to complete the project as shown in the Scope of Work as hourly pricing.

VII. Interpretation of Specifications:

If any Bidder has any question as to the true meaning of the scope of any part of the Work, it shall submit to the Owner a written request for an interpretation thereof. The entity submitting the request will be responsible for its prompt delivery in ample time for an interpretation to be issued before the bid opening date. Questions must be received by 5:00

P.M. on Monday, February 23, 2026. Interpretations of the documents and a copy of the addendum will be made available to each entity receiving a set of the documents. The

Owner will not be responsible for other interpretations of the documents. The bids shall be opened publicly and evaluated by the Owner without discussion with the bidders.

VIII. Pre-qualification to include:

Corporate Information

1. How many years has the applicant operated under the current corporate name?

2. Name, address, and telephone number of the corporate office?

3. Provide the name, title, and a brief biographical summary of all corporate officers.

Insurance & Equipment

4. Who is the insurance agent contact person, and what is their telephone number?

5. List all adequate equipment to complete the project that the bidder has access to.

Project Performance & History

6. Has the bidder ever failed to complete a project?

If yes, explain:

7. Has the bidder been involved in liquidated damages in the past 5 years, or served the Owner with a claim for additional compensation prepared by an attorney or claims consultant (excluding routine change orders)?

If yes, explain:

8. Has the bidder been involved in litigation as a plaintiff against the Owner?

If yes, explain:

9. List three previous contracts completed, including the contract value and the completion date.

Personnel & Management

10. Does the bidder have project management personnel with a minimum of two

(2) years of experience on projects with technical requirements, including arborist certification?

11. Who is the proposed on-site field superintendent, and what is their relevant experience (including prior employment if applicable)?

12. If awarded the project, will key personnel be actively involved in day-to-day operations of construction?

BID

Project Description: Dalton Utilities - 2026 ELECTRIC Distribution Reliability

Improvements

Proposal of ________________________________________________________

(hereinafter called “Bidder”), To: The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, Georgia.

Gentlemen:

The Bidder, in compliance with your Advertisement for Bids for the construction of this project, having examined the Specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of labor and equipment, hereby proposes to furnish all labor, equipment and supplies to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the price(s) stated below. This price(s) is to cover all expenses including overhead and profit incurred in performing the work required under the Contract Documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in written Notice to Proceed of the Owner and to fully complete the project by

December 31, 2026 thereafter as stipulated in the Specifications.

Bidder acknowledges receipt of the following addenda:

Bidder agrees to perform all necessary work as described in the Specifications to complete the Project as specified, including all appurtenant and accessory work for the price(s) stated below.

The price(s) stated below shall include all labor, equipment, supplies, overhead, profit, insurance, etc., to cover the finished work of the several kinds for which are called.

Bidder agrees that, should the scope of work to be performed change during the project and those changes are accepted by both parties as outlined in the construction contract, additional work will be completed at or below mentioned unit rates.

The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving Bids.

Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the formal contract attached within twenty (20) calendar days and deliver certificate(s) of insurance as required by the Contract Documents.

Respectfully submitted:

By_________________________________

Signature

Title________________________________

Business Address

ATTEST:

Name_____________________________

(Please Type)

Title______________________________ (SEAL)

Note: Attest for corporation secretary; for a partnership by another partner; for an individual by a Notary.

DISCRIPTION UNIT PRICE PER HOUR QUANTITY

FOREMAN $ 1

A-LINEMAN $ 2

APPRENTICE $ 1

OPERATOR $ 1

DISCRIPTION UNIT PRICE PER HOUR QUANTITY

4X2 55' BUCKET $ 1

4X4 55' BUCKET $ 1

4X4 LINE TRUCK $ 1

4X4 PICKUP $ 1

POLE TRAILER $ 1

LINE TENSIONER $ 1

LINE PULLER $ 1

LINE RIG $ 1

UG WIRE TRAILER $ 1

UG WIRE PULLER $ 1

HYDRO VAC $ 1

BACKYARD MACH. $ 1

EQUIPMENT TOTAL $

CREW TOTAL $

EQUIPMENT

TOTAL PRICE

Dalton Utilities Bid Detail Sheet

TOTAL PRICE

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF GEORGIA COUNTY OF WHITFIELD

__________________________________, being first duly sworn, deposes and says that:

He is of ________________________, the bidder that has submitted the attached bid;

He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

Such Bid is genuine and is not a collusive or sham Bid;

Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached

Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, of to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Board of Water, Light and

Sinking Funding Fund Commissioners of the City of Dalton or any person interested in the proposed Contract; and

The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this

Affiant.

(Signed) ___________________________

(Signature on File)

(Title)

Subscribed and Sworn to before me this ____ day of _________________, 20__.

_________________________ My Commission Expires:______________

(Signature on File) (Notary Public) (SEAL)

CORPRATE CERTIFICATE

I, _____________________________________ certify that I am the Secretary of the corporation named as Contractor in the foregoing proposal; that ____________________

__________________________, who signed said proposal in behalf of the Contractor was then ____________________________ of said corporation; that said proposal 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 _______________________ and its registered and in good standing with the ___________________________ Secretary of State.

This _______ day of __________________________, 20__.

(SEAL)

CONSTRUCTION CONTRACT

FOR

DALTON UTILITIES - 2026 ELECTRIC DISTRIBUTION RELIABILITY

This construction contract (“Contract”) is made and entered into on the day of

________________, 2026, by and between THE BOARD OF WATER, LIGHT AND

SINKING FUND COMMISSIONERS OF THE CITY OF DALTON, GEORGIA, D/B/A

DALTON UTILITIES, hereinafter called the “Owner” and ____________________, hereinafter called the “Contractor”.

WITNESSETH:

That for in consideration of the mutual covenants and agreements herein contained and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do agree as follows:

1. Definitions. As used in this Contract, the following terms are defined as follows:

A. “Contract Documents” mean and include the following (and all exhibits and amendments thereto):

(i) Advertisement for Bids;

(ii) Instructions to Bidders;

(iii) Contractor’s Bid

(iv) Non-Collusion Affidavit;

(v) Corporate Certificate;

(vi) Construction Contract;

(vii) General Requirements & Conditions;

(viii) E-Verify Affidavits

B. “Completion Date” means the date that the Contractor has completed all of its Work regarding the Project and all of the certifications and affidavits have been executed in compliance with the Contract Documents.

C. “Project” means Dalton Utilities – 2026 Distribution Reliability Improvements project as previously described in the Contract Documents.

D. “Work” means all tools, equipment, labor, installation, testing and all other services necessary for the completion of the Project.

2. Performance of Work by Contractor. The Contractor shall perform all of the Work described in the Contract Documents and comply with the terms therein for the price set forth in the Notice of Award. All Work performed by the Contractor shall be subject to the inspection and approval of the Owner.

3. Changes from Plans and Specifications. Any and all changes from the Contract Plans and Specifications shall be approved by the Owner prior to any changes in the Work being performed. For the purpose of this section, a change in the scope of the Work to be performed occurs whenever there is a change in the total price of the Contract or the scheduled Completion Date.

4. Time Period for Performance of Work. The Contractor will be required to complete all work for the project by December 31, 2026 calendar year. In addition, the

Contractor shall achieve completion dates, if any, as specified in the Contract

Documents for specific tasks to the accomplished as part of the overall Project. Work shall begin on the date specified in the Notice to Proceed. The Contractor shall deploy labor and equipment such that Work is prosecuted regularly, diligently and uninterrupted, at a rate of progress that will ensure meeting all final or task specific completion dates.

5. Compliance with Laws, Regulations, and Contractor Requirements. The Contractor will comply with all applicable laws and with all the requirements of any and all federal, state, and local authorities having jurisdiction over said Work or any matters connected therewith. Contractor will also comply with all requirements contained in

General Requirements and Conditions of the Plans and Specifications.

6. Payment for Work Performed. The owner shall pay only for Work completed in accordance with the prices detailed in the bid and as otherwise herein stated. The

Contractor shall submit invoices not later than the tenth day of each month to the Owner for the Work completed during the preceding month. The Contractor will attach to such invoices a detailed summary of the Work completed during the preceding month and the Contract period to date in a format prescribed by the Owner. Should the Owner not prescribe a format, the Contractor shall present the Owner with a format for review and approval prior to the first invoice being submitted.

All Work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection Work upon which payments have been made, or the restoration of any damaged work or as a waiver of the right of the

Owner to require the fulfillment of all of the terms of the Contract.

Within 30 days after the receipt and approval of the invoices, the Owner will pay the

Contractor for the Work covered by said invoices and completed in accordance with this Contract, less any applicable retainage as discussed below in Section 8.

Contractor agrees to and hereby does waive all rights to interest on retainage.

7. Retainage. The Owner shall retain a maximum of ten percent (10%) of each progress payment described in Section VII of this Agreement. However, the Owner shall not, except as set forth hereinafter, withhold any additional retainage when fifty percent

(50%) of the total Contract price, including Change Orders and other additions to the

Contract, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the Owner. If after discontinuing the retention, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, the Owner may resume retention at the previous retention percentage level.

8. Non-Exclusivity. It is understood and agreed that this Agreement is not exclusive and that the Owner shall have the right to employ other persons or entities to perform work for it similar to that herein provided for and shall also have the right to perform such work for itself.

9. Warranty. The Contractor warrants and guarantees for a period of one (1) year from the Completion Date that the Contractor’s Work is free from any and all defects. The

Contractor shall promptly make all repairs or other corrections necessary as a result of said defects, including repairs to any other portion of the Project that are necessitated by said defects. If the Contractor fails to promptly make such repairs or corrections, the Owner may make, or contract with a third party to make, said repairs or corrections, and charge the Contractor the cost incurred by the Owner. This Section shall survive the termination of this Agreement.

10. Insurance: The Contractor shall provide to the Owner proof and scope of insurance coverage in the form of a certificate of insurance currently in force. The Contractor shall maintain said insurance coverage during the entire time period of the

Contractor’s performance of this Contract and warranty period. The certificate of insurance must list The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, Georgia d/b/a Dalton Utilities as an additional named insured.

The insurance shall not be cancelled or materially altered unless at least 30 days prior written notice has been given to the Owner. This coverage must include but is not limited to:

A. Worker’s Compensation Insurance: Worker’s Compensation for every person engaged in any work on the Project.

B. General Liability: Comprehensive General Liability for products and completed operations shall be XC, U, and the ISO Broadform General Liability endorsement or its equivalent. This coverage shall include:

1. Bodily Injury Insurance in an amount not less than $1,000,000 for bodily injury, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $2,000,000 on account of one accident.

2. Property Damage Insurance in an amount not less than $1,000,000 for any one damage claim, and in an aggregate amount up to $2,000,000 during a period of 12 months.

3. Automobile Liability including bodily injury and property damage of aforesaid amount.

4. Owner’s Protective Liability Insurance to be issued in the name of the Owner for liability and property damage in an amount to be determined by the owner.

5. Umbrella Policy to provide for increase in coverage of basic policies to an amount not less than $5,000,000.

6. Builder’s Risk or Installation Floater Insurance for fire and increase of coverage in the amount at all times at least equal to the amount paid on account of work to be set up in the names of Owner and Contractor as their interest may appear.

11. Indemnification: The Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses including claims for consultants’ and attorneys’ fees, arising out of or resulting from the failure to perform the Work in a good and workmanlike manner by the

Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable.

In any and all claims against the Owner, or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the

Contractor or any subcontractor under worker’s compensation acts, disability benefit acts or other employee benefits acts.

12. Termination of Contract. In the event the Contractor shall violate any provisions of this Contract or any other Contract Documents, or if the quality or quantity of the

Work performed is, in the sole judgment of the Owner, substandard or unsatisfactory, the Owner shall have the right to terminate this Contract upon 10 days written notice to the Contractor. If this Contract is terminated by the Owner pursuant to the provisions of this Section, Contractor shall be responsible for payment of all damages incurred by the Owner as a result of said termination, including but not limited to the cost of completing the Work on the Project.

13. Other Remedies. If the Contractor defaults under any of the provisions of the

Contract Documents, the Owner shall be entitled to pursue all remedies permitted by law, including but not limited to those remedies set forth elsewhere in the Contract

Documents. All remedies of the Owner are cumulative and non-exclusive.

14. Delay in Completion of Project. The Contractor shall proceed with the Work at a rate of progress that will ensure completion of the Project by the Completion Date. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for Project completion described is a reasonable time, taking into consideration the average climatic and economic conditions, and other factors prevailing in the locality of the Project. It is further agreed that time is of the essence of each and every portion of this Project.

15. Approval of Subcontractors. The Contractor acknowledges and agrees that any person, firm or other party to whom it is proposed to award a subcontract under this

Contract must be approved in writing by the Owner prior to the subcontractor performing any work on the Project.

16. Entire Agreement. This Contract and the Contract Documents constitute the entire agreement between the parties hereto with respect to its subject matter and there are no representations, warranties, agreements, undertakings or conditions, express or implied, except as set forth herein. In the event of any conflict between the provisions of the Contract and the other Contract Documents, the provisions of the

Contract control.

17. Modification to Agreement. This Contract may not be amended, supplemented or otherwise modified except by written instrument signed by each of the parties hereto.

18. Notices. Any notices or other communications required or permitted to be given and instruments referred to herein must be given in writing and personally delivered or mailed by prepaid certified mail to the following addresses:

If to Owner: Dalton Utilities

Attn: CEO

PO Box 869

1200 V.D. Parrott, Jr. Parkway

Dalton, GA 30722

If to Contractor: Contractor Name

Attn: Contractor Contact

Contractor Address

Contractor City, State, Zip

Any such notice or other communication shall be deemed to have been given (whether actually received or not) on the day it is mailed (postmarked) or personally delivered as aforesaid. Any party may change its address for purposes of this Contract by giving notice of said change to the other parties pursuant to this Section.

19. Non-Waiver. No delay or failure by either party to exercise any right under this

Contract, and no partial or single exercise of that right shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.

20. Severability. Every provision of this Contract is intended to be severable, and, if any term or provision is determined to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Contract.

21. Governing Law. This Contract shall be deemed to have entered into in and shall be construed in accordance with and governed by the laws of the State of Georgia.

22. Binding Effect. The provisions of this Contract shall be binding upon and shall insure to the benefit of each of the parties hereto and their respective and permitted successors and assigns.

23. Time is of the Essence. Time is of the essence of each and every provision of this

Contract.

24. No Third-Party Beneficiaries. Except as may be otherwise expressly provided in this Contract, nothing contained herein, express or implied, is intended to, nor shall it (1) confer on any entity other than the parties hereto and their respective and permitted, successors and assigns, any rights, remedies, obligations under or by reason of this Contract.

25. Captions. The sections and captions contained herein are for convenience and reference only, and are not intended to define, extend, extend, or limit any provision of this Contract.

26. Confidentiality. To the extent not prohibited by law, the Contractor shall keep confidential the terms of the Contract Documents.

27. Assignment. This Contract may not be assigned by the Contractor without the prior written consent of the Owner.

28. No partnership. This Contract shall not be interpreted or construed to create an association, joint venture, partnership, or employer-employee relationship between the Parties, nor to impose any such obligations or liability on either party.

Furthermore, neither party shall have the right, power, or authority to enter into any agreement or undertaking for or on behalf of, to act as, or be an agent or representative of, or to otherwise bind the other party.

29. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Contract under their respective seals on the day and date first above written in two (2) counterparts, each of which shall without proof or accounting for the other counterparts be deemed an original

Agreement.

ATTEST: (As to Contractor) CONTRACTOR

(Insert Name of Contractor)

By: L.S.

Title:

ATTEST: WATER, LIGHT AND SINKING FUND

_________________________ COMMISSION CITY OF DALTON,

Chief Energy Services Officer GEORGIA

By:____________________________L.S.

Date:___________________________

John Thomas

CEO

GENERAL REQUIREMENTS AND CONDITIONS

Contract Scope of Work:

The work consists of, but is not limited to, a contract that will be signed on or about, Monday, March 23, 2026, after the bids have been reviewed and evaluated. Official contract start date will be Monday, March 30, 2026 and will continue through December

31, 2026. Work will include forty (40) hours a week labor for a 5 man crew, excluding holidays and inclement weather, any 3 man crews will require prior approval. Contractor will be responsible to have equipment and tools required for the construction of

7,200/12,470 and 14,400/24,940 VAC 3-phase overhead and underground distribution lines for Dalton Utilities. The contractor will be required to install and remove poles, related capacitor banks, transformers, switches and underground risers and to pull underground wire, re-conductor lines, build new lines and perform other distribution line work related to the improvement of Dalton Utilities’ electrical distribution system. Dalton

Utilities will provide all material.

The contractor must be able to supply needed crews to meet the work requirements of

Dalton Utilities.

Dalton Utilities reserves the right to adjust the scope and quantities of the work during the contract period as necessary. The bidder must declare that he understands that the scope of work shown in this proposal is subject to adjustment by either increase or decrease by

Dalton Utilities. Should the quantities of any of the items of the work be increased, the bidder agrees to do the additional work at the unit prices stated herein. Should the quantities be decreased, he also understands that payment will be made on actual quantities at the unit price bid.

Additional work may be awarded in whole or in part in any combination so deemed by

Dalton Utilities at the unit prices specified.

Specific Requirements:

All work must be performed in accordance with Dalton Utilities’ Standard

Specifications.

Contractor will provide Dalton Utilities with a copy of their Anti-Drug Plan along with access to any documentation necessary for compliance with applicable federal or state regulatory requirements.

Contractor’s bid shall be valid for sixty (60) days.

Contractor will have until December 31, 2026 to complete the project from notice to proceed.

1 year warranty period.

For projects requiring more than 30 days of work, monthly progress payments may be required until the project is complete and accepted by Dalton Utilities.

All jobsites will be returned to equal or better condition than when work began.

Excess dirt from the installation of poles set within 50 feet of any public road, or other specific location identified by Dalton Utilities, shall be removed from the site.

Contractors Obligations:

The Contractor shall, in good workmanlike manner, perform all work, equipment, facilities and means except as herein otherwise expressly specified, necessary and proper to complete all work required by the Construction Documents and in accordance with the directions of Dalton Utilities as given from time to time during the progress of the work.

The Contractor alone shall be responsible for the safety, efficiency, and adequacy of it methods, workmanship, and for any damage which may result from it failure or its improper construction, maintenance, or operation. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract

Document Specifications, and shall do, carry on, and complete the entire work to the satisfaction of Dalton Utilities.

Note: The Contractor shall immediately notify Dalton Utilities upon becoming aware of any circumstances/factors that may negatively impact the Project Completion Date or bid amount so that the circumstances/factors can be review/evaluated and a joint corrective action plan be developed.

Owners Authority:

Dalton Utilities shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials. Dalton Utilities shall decide the meaning and intent of any portion of the Contract Documents where the same may be in dispute. The Owner’s decisions shall be final and conclusive, except as herein otherwise expressly provided.

Any difference or conflicts in regard to the work, which may arise between the Contractor under this Construction Contract and other contractors performing work for the Owner, shall be determined by Dalton Utilities.

Dalton Utilities is not, in any way, responsible for the construction means, controls, techniques, sequences, procedures, or construction safety.

Project Schedule:

The Contractor, in conjunction with Dalton Utilities, shall develop a Proposed Project

Schedule outlining the order of Work and associated timeframes such that the required scope of Work can be successfully completed by the completion date. The Proposed

Project Schedule shall incorporate any intermediary deadlines for completion of particular items of Work as outlined herein. This Project Schedule shall show the proposed dates of commencement and completion of each of the various subdivisions of Work required under the Contract Documents. This Project Schedule is subject to continuous review and approval by Dalton Utilities. The Contractor shall submit an updated progress schedule as requested by Dalton Utilities such that progress can be routinely monitored and tracked.

The contractor shall provide the owner with their scheduled work hours for the project.

Any deviations from these standard hours will require a minimum of 48 hour notice and approval by the owner.

Environmental, Health and Safety:

The Contractor shall perform all necessary action at all times during the construction period to ensure the protection of all persons performing Work on the Project, the general public and the environment. In emergencies affecting the safety of persons, the work or property at the Project site or adjacent thereto, the Contractor, without special instruction or authorization from the Owner, shall act to prevent threatened damage, injury or loss. The

Contractor shall make prompt written notice to the Owner of any changes in the work or deviations from the Contract Documents caused thereby.

Safety and health facilities and procedures shall be in accordance with the requirements of the National Occupational Safety and Health Act of 1970, as amended. The Contractor shall comply with the Department of Labor's Safety and Health Regulations for construction promulgated under the National Occupational Safety and Health Act of 1970, as amended (P. L. 9l-596), and under Section l07 of the Contract Work Hours and Safety

Standard Act (P. L. 9l-54).

All construction debris and construction waste shall be properly stored and disposed in accordance with applicable Federal, State and Local regulations/ordinances. All chemicals used during Project construction or furnished for Project operation, whether herbicide, pesticide, disinfectant or of other classification, must show approval of either EPA or

USDA. Use of all such chemicals and disposal of residue shall be in strict conformance with manufacturer’s instructions and applicable Federal, State and Local regulations/ordinances.

The Contractor shall utilize best management practices for erosion, sedimentation and pollution control during all phases of construction.

The Contractor shall provide Dalton Utilities with a copy of the Company’s Environmental, Health and Safety Program and a Project specific plan as to how the Contractor is to complete the Project in a safe and environmentally protective manner.

Laws of the Place:

The Contractor shall complete the Project in accordance with the applicable national, state, county, and municipal laws, ordinances, and regulations. The Contractor shall keep itself fully informed of those laws, ordinances, and regulations which would, in every way, affect those engaged and employed in the Project, the materials used in the Project, and the conduct of the Project; and the Contractor shall keep itself fully informed of all orders and decrees of bodies and tribunals having jurisdiction and authority over the project. If discrepancies or inconsistencies, or both, should be discovered in the Construction

Documents, in relation to laws, ordinances, regulations, orders, and decrees, the Contractor shall forthwith report the fact, in writing, to the Owner. The Contractor shall protect and indemnify the Owner, its officers, agents, and employees, against claims and liabilities arising from, or based on, the violation of those laws, ordinances, regulations, orders, and decrees, whether by the Contractor or by its employees, agents or subcontractors.

Licensing/Permits:

The Contractor shall have all necessary licenses and permits to complete the Project by the

Completion Date. All licenses and permits must provide the Contractor authority to perform the Work including similar licensing for reference in the Contractor's state of origin. This includes any permits required by local government authorities.

Certifications:

The Contractor shall possess all necessary certifications for the Contractor as an entity, for individuals in its employ, and for all associated equipment to complete the Project by the

Completion Date. Necessary certifications include but are not limited to conforming to the standards of all applicable technical societies, organizations, bodies, codes and standards. In a case where the Owner establishes a more stringent qualification, the more stringent qualification shall prevail. In addition, necessary qualifications shall include all applicable requirements of local codes, utilities, and any other authority having jurisdiction.

Competent Labor:

The Contractor shall only employ competent and skilled personnel to perform the Work.

The Contractor shall at all times have a superintendent who is satisfactory to the Owner and who is capable of acting as the Contractor's agent on this work. This superintendent shall receive instructions from the Owner or its authorized representative. The superintendent shall have full authority to execute the orders and directions of the Owner without delay, and to promptly supply, tools, plant equipment, and labor as may be required. The Contractor shall upon demand by Owner, immediately remove that superintendent, foreman, and/or workman whom the Owner may consider to be incompetent or undesirable, or both.

Subcontracting:

The Contractor may utilize the services of specialty subcontractors on those parts of the

Work which, under normal contracting practices, are performed by specialty subcontractors.

The Contractor shall not subcontract the complete Work, or more than 50% of any portion of the Work unless the Work in question is to be performed by a specialty subcontractor, or any major portion thereof, and shall not award any Work to any subcontractor without prior written approval by the Owner, which approval will not be given until the Contractor submits to the Owner, a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require.

The Contractor shall be as fully responsible to the Owner for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as the

Contractor is for the acts and omissions of persons directly employed by it.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind subcontractors to the Contractor by the terms of the Contract

Documents insofar as applicable to the Work of subcontractors and to give the Contractor the same power in regard to terminating any subcontract that the Owner may exercise over the Contractor under any provisions of the Contract Documents.

The Contractor will indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the Work.

Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner.

Materials, Services and Facilities:

The Contractor acknowledges that except as otherwise specifically stated in the Contract

Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to, complete, deliver the Work within the specified time.

Materials and equipment shall be stored in a manner to ensure the preservation of their quality and fitness for the work. Contractor shall provide the Owner’s inspector with confirmation that authorization was granted from any property owner prior to storing any

Project materials on private property. Owner’s inspector may verify such authorization with the property owners.

Quantities of Estimate:

The estimated quantities of Work to be done under these Contract Documents, including the Proposal, are given for use in comparing bids, and to indicate approximately the total amount of the Construction Contract; and the right is especially reserved, except as herein otherwise specifically limited, to increase or decrease them as may be deemed reasonably necessary or desirable by the Owner to complete the Work contemplated by the

Construction Contract.

Extras:

Without invalidating the Construction Contract, the Owner may order extra work or make changes by altering, adding to or deducting from the Work, and the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All Work of the kind bid upon shall be paid for at the price stipulated in the

Proposal, and no claims for any extra Work or materials shall be allowed unless the Work is ordered in writing by the Owner and the price is stated in such order.

Owner's Right to Withhold Certain Amounts and Make Application Thereof:

The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics and furnishers of machinery and parts thereof, equipment, power tools, and all supplies including commissary, incurred in the furtherance of the performance of the Construction

Contract. The Contractor shall furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner, may after having served written notice on the said

Contractor, either directly pay said unpaid bills, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Construction Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or its Surety. The Owner shall not be liable to the Contractor for any such payments made in good faith.

Payments by Contractor:

Payments by the Contractor to vendors for all tools and other expendable equipment in an amount not less than ninety percent of the cost thereof, shall be made not later than the 20th day of the calendar month following that in which such tools and equipment are delivered at the site of the Project.

Payments by the Contractor to Subcontractors shall be made not later than the 5th day following each payment to the Contractor, for the respective amounts allowed the

Contractor on account of the Work performed by its subcontractors.

Changes/Deviations from Plans and Specifications:

Should the Contractor encounter, or the Owner discover, during the progress of the Work, subsurface or latent conditions at the site materially differing from those shown on the

Drawings or indicated in the Specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Drawings and Specifications, the attention of the Owner shall be called immediately to such conditions before they are disturbed. The

Owner…