3-Bid Docs Bonfire.pdf

Washington Road Signal Upgrade Bid # 2025027-BID2710

COLUMBIA COUNTY, GEORGIA

Bids will be received electronically via https://columbiacountyga.bonfirehub.com until August 7, 2025 no later than 12:00 pm EST.

The bids will be publicly opened and read VIRTUALLY via WebEx at 2:00 pm EST.

CONTACT INFORMATION:

Columbia County Procurement cgoff@columbiacountyga.gov https://columbiacountyga.bonfirehub.com/

Bids are to be submitted electronically at https://columbiacountyga.bonfirehub.com

INVITATION TO BID

Bid # 2025027-BID2710 BID ITEM: Washington Road Signal Upgrade

Bids will be received electronically via https://columbiacountyga.bonfirehub.com until 12:00 PM, E.T, Thursday, August 7, 2025. The bids will be publicly opened and read VIRTUALLY via WebEx @ https://ccgagov.webex.com/meet/gosteen, on the same day at 2:00 PM E.T. No submitted bid may be withdrawn after the scheduled closing time for receipt of bids for a period of Sixty (60) days. There will be a MANDATORY PRE-BID MEETING held at 10:00 AM ET on Wednesday, July 16, 2025. Interested parties must either join the meeting virtually via WebEx at https://ccgagov.webex.com/meet/gosteen or in person at the Columbia County Procurement Office, 500 Faircloth Drive, Building E, Evans, GA 30809.

Bid Description: The work to be done consists of furnishing all materials, equipment, and labor for the construction of: Washington Road Signal Upgrade, BID #2025027-BID2710, as specified.

Proposals for the complete work in one or more general contracts shall be made on the proposal form provided and shall contain prices in words and figures and shall be accompanied by a Bid Bond drawn in favor of the COLUMBIA COUNTY, GEORGIA, in the amount of at least ten percent (10%) of the total bid amount for the complete work; such Bid Bond representing that the Bidder, if awarded the contract, will promptly enter into a contract and furnish Performance Bond and Payment Bond as provided by law and approved by the Attorney for the COLUMBIA COUNTY, GEORGIA. Each bond shall be equal to one hundred percent (100%) of the contract amount. The Bid Bond shall be forfeited to the COLUMBIA COUNTY, GEORGIA as liquidated damages if the Bidder fails to execute the contract and provide Performance and Payment Bonds within ten (10) days after being notified that he has been awarded the contract.

Bid bonds must be submitted electronically via https://columbiacountyga.bonfirehub.com. Letters of credit will not be accepted in lieu of bid bonds.

Plans and documents are available to be viewed/downloaded at no charge via https://columbiacountyga.bonfirehub.com. Questions should be submitted in writing via Bonfire at https://columbiacountyga.bonfirehub.com or by email to cgoff@columbiacountyga.gov until 5 PM E.T. on July 30, 2025.

The Owner reserves the right to reject any or all bids and to waive informalities. Any objections to the specifications/contract documents as set forth should be filed in writing not less than five days prior to bid openings. Questions/objections shall be submitted via https://columbiacountyga.bonfirehub.com.

COLUMBIA COUNTY BOARD OF COMMISSIONERS

PURCHASING AGENT GLENN O’STEEN, MBA, CPPO, NIGP-CPP

FAXED OR E-MAILED BIDS WILL NOT BE ACCEPTED

Advertising in the Augusta Chronicle: 07/09, 07/16, 07/23, 07/30/25 https://columbiacountyga.bonfirehub.com/ https://ccgagov.webex.com/meet/gosteen https://ccgagov.webex.com/meet/gosteen https://columbiacountyga.bonfirehub.com/ https://columbiacountyga.bonfirehub.com/ https://columbiacountyga.bonfirehub.com/ mailto:cgoff@columbiacountyga.gov

INDEX

INSTRUCTIONS TO BIDDERS

1. DEFINITIONS

2. INTENT & CONTRACT DOCUMENTS

3. INTERPRETATION OF CONTRACT

DOCUMENTS

4. WORK TO BE DONE

5. EXAMINATION OF LOCATION,

CONDITIONS, AND REQUIREMENTS

6. LOCATION OF WORK

7. TIME LIMIT

8. BIDS

9. SALES TAX

10. LIQUID ASPHALT PRICE ADJUSTMENT

11. BID OPENINGS

12. INTERPRETATION OF PROPOSAL AND

DETERMINATION OF LOW BID

13. RIGHT TO REJECT BIDS

14. BID BOND

15. PERFORMANCE & PAYMENT BONDS

16. RETURN OF CHECKS & BID BONDS

17. INSURANCE REQUIREMENTS

18. DUTY TO DEFEND / ATTORNEYS / OTHER

FEES & EXPENSES

19. INDEMNIFICATION FOR ACTIONS OF

CONTRACTOR AND EMPLOYEES, THEIR

AGENTS AND SUBCONTRACTORS

20. MUTUAL RESPONSIBILITY OF

CONTRACTORS

21. ASSIGNMENTS

22. SUBCONTRACTING

23. PATENTS

24. RIGHT OF THE COUNTY TO TERMINATE

CONTRACT

25. GOVERNING LAW/VENUE

Page IB 1 of 8

1. DEFINITIONS - Where the following words, or pronouns in their stead, occur herein and throughout the Contract Documents, they shall have the following meanings:

a) “Contractor" shall mean the party of the second part of the Articles of Agreement.

b) “County” shall mean the Board of Commissioners of Columbia County, Georgia and the party of the first part of the Articles of Agreement.

c) “County Engineer" shall mean the County Engineer of Columbia County, Georgia or their authorized representative. See also “County Engineer” in the General Provisions section.

2. INTENT & CONTRACT DOCUMENTS - It is intended that the documents listed below shall provide for the complete work to which they relate. These documents collectively shall hereinafter be referenced as the “Contract Documents" which comprise the entire agreement between the County and Contractor concerning the Work. The Contractor shall perform all Work in strict accordance and conformance with these documents. Should any discrepancy arise, the documents are listed here in order of precedence with the first listed being more relevant than the next, and so on:

a) Articles of Agreement

b) Instructions to Bidders

c) Proposal

d) Special Provisions

e) Special Details

f) Project Plans

g) General Provisions

h) Supplemental Specifications

i) Standard Details (latest edition at the time of Bid, including any supplementals)

i. Georgia Department of Transportation

ii. Columbia County Engineering Division

iii. Columbia County Water Utility

j) Standard Specifications (latest edition at the time of Bid, including any supplementals)

i. Georgia Department of Transportation

ii. Columbia County Engineering Division

iii. Columbia County Water Utility

3. INTERPRETATION OF CONTRACT DOCUMENTS - Should any party wishing to submit a Bid for the

Work as described in the Contract Documents be in doubt as to the true meaning of any part of the Contract Documents, they may submit to the Columbia County Procurement Department a written request for interpretation and/or clarification not less than five (5) calendar days prior to the Bid opening date. Any interpretations and/or clarifications will be made through issuance of an

Page IB 2 of 8

Addendum, a copy of which will be mailed or delivered to each person receiving a set of Contract Documents. No other interpretations or clarifications will be deemed valid or binding.

4. WORK TO BE DONE - The work to be done under this Contract by the awarded Contractor consists of furnishing any and all materials, equipment, and labor necessary for the successful construction of all work shown to be completed in the Contract Documents, hereinafter referred to as "the Work." This includes, unless specifically addressed otherwise in the Contract Documents or directed by the County Engineer, the Contractor providing and paying for all material, labor, tools, equipment, water, lights, power, transportation, and any other incidental expenses required to perform the Work; performing any work necessary to complete the Work before, during, or after regular working hours, weekends, or legal holidays without additional expense to the County; and providing for any and all other services, facilities, permanent or temporary, whatsoever necessary to execute, deliver, and complete the Work within the specified time.

5. EXAMINATION OF LOCATION, CONDITIONS, AND REQUIREMENTS - All parties wishing to submit a

Bid for the Work are required to inform themselves completely as to the requirements of the Contract Documents and to perform any and all due diligence needed to satisfy themselves fully to the scope of work required by the same. This includes, but is not limited to, review of existing conditions in the project area(s) to include, if applicable, subsurface conditions, neighboring properties and traffic conditions, examination of the character of the materials and utilities expected to be encountered, review of the size and type of equipment and facilities that will be needed, and due diligence of all other matters which in any way may affect the successful completion of the Work required under this Contract. This examination shall be made prior to submitting a Bid, and by submitting a Bid, each bidder represents that they have complied with the provisions of this paragraph.

6. LOCATION OF WORK - The location of the Work is in Columbia County, Georgia, as further depicted and described in the Contract Documents.

7. TIME LIMIT - The time allowed for completion of the Work as described in the Contract Documents is listed in the Special Provisions under “Total Contract Schedule.”

8. BIDS - All Bids must be made upon the Forms provided and shall include all materials, equipment, and labor to perform the Work as required by the Contract Documents. Bids are to be submitted electronically via https://columbiacountyga.bonfirehub.com.

9. SALES TAX - Bidders shall include all State and Local Sales Tax in their Unit Price Bid amount. There will be no separate item for payment for any sales tax on any taxable materials.

10. LIQUID ASPHALT PRICE ADJUSTMENT - The County will follow the Georgia Department of Transportation’s provisions for Asphalt Cement Price Index adjustments that is current at the time of the official scheduled closing time for receipt of Bids.

Page IB 3 of 8

11. BID OPENINGS - Bid Openings will be held virtually via WebEx at https://ccgagov.webex.com/meet/gosteen. All bidders submitting a Bid are requested to be present at the Bid Opening.

12. INTERPRETATION OF PROPOSAL AND DETERMINATION OF LOW BID - The County has established in the Proposal a Bid Form of the estimated quantities for each item scheduled to be completed under the Contract per the Contract Documents. The bidder is to insert a Unit Price, as a numerical dollar and cents amount, to be reimbursed to the bidder for the complete installation and acceptance of each unit should the bidder be awarded the Contract. The Unit Price shall then be multiplied by the estimated quantity resulting in the amount that is entered in the Estimated Cost column. The sum of the Estimated Costs is then inserted into the Estimated Total Price box. The Estimated Total Price will be used to compare Bids. If there is a mathematical error in the computation of the Estimated Cost for any item, the Unit Price will govern, and the error will be corrected by the County with the Estimated Total Price being adjusted accordingly. Upon opening of the Bids, Proposal Bid Form Unit Prices cannot be changed. Bidders should understand that the amount in the Estimated Total Price box is not likely the amount that the successful bidder will be paid. Payment will be made by the County at the contracted Unit Prices only on the basis of actual quantities installed and accepted by the County, and the actual quantities installed are likely to fluctuate over the course of the Contract.

If a Contract is awarded, it will be awarded by the County to the lowest responsible bidder. The County, in its sole discretion, will decide which bidder is the lowest responsible bidder.

13. RIGHT TO REJECT BIDS - The County reserves the right to reject any and/or all Bids and to waive any informalities. No Bids will be received after the scheduled closing time for receipt of Bids. Incomplete Bids will be subject to rejection. Any unauthorized conditions, limitations, or provisions attached to a Bid may, at the County's discretion, render it informal and be cause for its rejection. Any Bidder may withdraw their Bid, either personally or by written request, at any time prior to the scheduled closing time for receipt of Bids.

14. BID BOND - Each Bid must be accompanied by a Bid Bond or a Certified Check in an amount equal to ten percent (10%) of the amount Bid to guarantee that the successful bidder will, within ten (10) calendar days following the date of notification of Contract award, enter into Contract with the County for the performance of the Work as described in the Contract Documents and execute a satisfactory bond. If for any reason whatsoever a bidder withdraws their Bid after the opening of Bids, or refuses to execute the required Contract, the Bid Bond or Certified Check accompanying their Bid, and the monies payable thereon, shall be paid to the County as liquidated damages.

15. PERFORMANCE & PAYMENT BONDS - The successful bidder will be required to execute a

Performance Bond and a Payment Bond, each in favor of the County, each in an amount equal to one hundred percent (100%) of the Contract amount, and each to be in the form hereinafter set forth, as security for the faithful performance of this Contract, and for the payment of all persons performing labor and furnishing materials in connection with this Contract. The Surety on the Performance and https://ccgagov.webex.com/meet/gosteen

Page IB 4 of 8

Payment Bonds shall be a Surety Company authorized to do business in Georgia and shall be subject to approval by the County.

16. RETURN OF CHECKS & BID BONDS - Certified Checks posted by the three (3) lowest bidders will be held until the final award and execution of the Contract, and then returned by the County within ten

(10) calendar days. All other Certified Checks which may have been posted by the remaining bidders will be returned by the County within ten (10) calendar days of the opening of Bids. Bid Bonds posted by bidders will be returned within ten (10) calendar days following the written request of the bidder.

17. INSURANCE REQUIREMENTS – Neither the Contractor or any subcontractor shall commence Work under this Contract until all the insurance requirements specified under this paragraph have been obtained and approved by the County. The insurance requirements, referred to as “Article 9 – Columbia County Insurance Requirements”, are as follows:

ARTICLE 9

COLUMBIA COUNTY INSURANCE REQUIREMENTS

9.1 The Vendor agrees at all times during the Term of this Agreement to maintain in full force and effect the following insurance coverages in at least the limits set forth in Section 9.2: Worker's Compensation (including occupational disease in accordance with applicable statutory and regulatory requirements); Employer's liability insurance (including coverage on all of Vendor's employees engaged in the performance of the Work); and Comprehensive General Liability insurance (including protective liability covering death or bodily injury and contractual liability). Before commencement of any of the Work hereunder, the Vendor agrees to furnish to the County, on an annual renewal basis, certificates of insurance or other evidence satisfactory to the County to the effect that such insurance has been procured and is in force. The certificates shall accurately reflect the required insurance coverages, including any and all limitations, exclusions and restrictions, and provide that in the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to the County.

9.2 For the purpose of this Agreement, Vendor shall not commence Work under this Agreement until they have obtained all the insurance required under this paragraph and such insurance has been approved by the County, nor shall Vendor allow anyone acting on their behalf to commence work pursuant to this Agreement until all similar insurance has been so obtained and approved from said person/entity.

a. Worker's Compensation Insurance: Vendor shall procure and shall maintain during the life of this Agreement Workers Compensation Insurance as required by law for all of their employees to be engaged in work on this Agreement.

b. Public Liability and Property Damage Insurance: Vendor shall take out and maintain during the life of this Agreement such Public Liability and Property Damage Insurance and Automobile Liability Insurance as shall protect them and anyone working on their behalf from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Agreement, whether such operations are by Vendor or by any

Page IB 5 of 8 subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows:

i. Public Liability and Property Damage Liability Insurance: Vendor shall carry, with respect to the operations they perform, regular Contractor’s Public Liability Insurance providing for a limit of not less than one million dollars ($1,000,000) for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person a total of two million dollars ($2,000,000) for all damage arising out of bodily injuries to or death of two or more persons in any one accident and regular Contractor’s Property Damage Liability Insurance providing for a limit of not less than one million dollars ($1,000,000) for all damages arising out of injury to or destruction of property in any one accident and subject to that limit per accident, a total (or aggregate) limit of two million dollars ($2,000,000) for all damages arising out of injury to or destruction of property during the Policy period.

If any part of the work is sublet, similar insurance, in the same amounts as required of the Vendor shall be provided by or in behalf of the subcontractor to cover their operation.

ii. Automobile Liability Insurance (owned, non-owned, hired): (a) Bodily injury in an amount not less than one million dollars ($1,000,000) including accidental death to any one person and subject to the same limit for each person, in an amount not less than two million dollars ($2,000,000) on account of one accident. (b) Property damage in an aggregate amount up to two million dollars ($2,000,000) per accident during the Policy Period.

If applicable to contracted services:

iii. Professional Liability Insurance: Errors and Omissions Insurance in the amount of not less than one million dollars ($1,000,000) per claim during the Agreement term and for a period of at least five years after the Agreement is closed. Such policy shall cover all of the Vendor’s professional liabilities, whether occasioned by the Vendor, his employees, subcontractors, or other agents, arising out of services performed under or in accordance with this Agreement.

iv. Cyber Liability Insurance: Insurance with limits of not less than one million dollars ($1,000,000) covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security.

c. Proof of Carriage of Insurance: Vendor shall furnish the County with a certificate showing satisfactory proof of carriage of the insurance required. Vendor shall likewise furnish County with a certified endorsement(s) indicating that the County is an additional insured under all relevant policies and showing that said policies may not be modified or cancelled without thirty (30) days written notice to County. All of the insurance hereinbefore specified by Article 2 shall be carried until all work required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal acceptance by County. Should such insurance be canceled before such completion of the Agreement, Vendor shall suspend all work or operations until such time as Vendor shall provide another policy or policies of insurance of equivalent coverage or effect. The certificate holder should read: Columbia County, GA, Attn: Procurement Department, P O Box 498, Evans, GA 30809.

Page IB 6 of 8

SUMMARY

• Worker's Compensation……………………………………………… Statutory

• Public Liability, Bodily Injury and Property Damage Injury or death to one person………………………………………… $1,000,000 .

Injury or death to more than one person……………………………. $2,000,000/occurrence

Property Damage…………………………….….……… $1,000,000/occurrence ………………………………………………….………… $2,000,000 (aggregate)

• Automobile Liability, Bodily Injury and Property Damage

Injury or death to one person………………………………….….….. $1,000,000 Injury or death to more than one person……………………………. $2,000,000/accident

PropertyDamage………………………………………….… $2,000,000/accident (aggregate)

If applicable

• Professional Liability…………………………………………………… $1,000,000

• Cyber Liability……………………………………………………….….. $1,000,000

18. DUTY TO DEFEND / ATTORNEYS / OTHER FEES & EXPENSES - Upon written request by the County, Contractor agrees to defend and provide legal representation for any claims arising out of this agreement due to the actions or inactions of the Contractor or its employees or agents, by attorneys and other professionals approved by the County. Notwithstanding the foregoing, the County may, in its sole and absolute discretion, engage its own attorneys and other professionals to defend or assist with respect to such matters, and, at the option of the County, its attorneys shall control the resolution of such matters. Upon demand, Contractor shall pay or, in the sole and absolute discretion of the Board of Commissioners, reimburse the County for the payment of reasonable fees and disbursements of attorneys and other professionals in connection therewith.

19. INDEMNIFICATION FOR ACTIONS OF CONTRACTOR AND EMPLOYEES, THEIR AGENTS AND

SUBCONTRACTORS - The Contractor (Indemnifying Party) covenants and agrees to take and assume all responsibilities for the work outlined in this Agreement. The Contractor further agrees to defend, indemnify and hold harmless the County, its officers, boards, commissions, elected and appointed officials, employees, volunteers and agents (hereafter referred to as Indemnified Parties) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to reasonable fees and expenses of attorneys, paralegals, and other professionals incurred by the Indemnified Parties to the extent that such losses arise out of or in connection with the Indemnifying Party’s (i) breach of this Agreement,

(ii) negligence or gross or willful misconduct in performing its duties under this Agreement that causes injury or death or damage to property, and/or (iii) violation of any federal, state or local statute, ordinance or regulation in performing its duties under this Agreement, or which may be the result of willful, negligent or tortious conduct related to this event, performance of contracted services, or operations any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of

Page IB 7 of 8 whether the negligent act is caused in part by an Indemnified Party hereunder. This indemnity obligation does not include liabilities caused by or resulting from the sole negligence of the Indemnified Parties.

20. MUTUAL RESPONSIBILITY OF CONTRACTORS - If any other contractor or subcontractor shall suffer loss or damage on the Work through acts of negligence on the part of the Contractor, the Contractor agrees to settle with such other party if they will so settle. If such other contractor or subcontractor shall assert any claims against the County on account of any loss or damage alleged to have been so sustained, the County shall notify the Contractor, and the Contractor shall indemnify and save harmless the County against any such claim.

21. ASSIGNMENTS - The Contractor shall not assign the whole or any part of this Contract, or any monies due or to become due, hereunder without written consent of the County. If, with written consent of the County, the Contractor does assign all or any part of any monies due, or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies, due or to become due to the Contractor, shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the Work called for in this Contract.

22. SUBCONTRACTING - The Contractor shall ensure all subcontractors commissioned for the performance of any part of the Work shall be fully informed of all stipulations, obligations, and requirements of the Contract Documents and the Contractor shall be fully responsible to the County for any acts and/or omissions of their subcontractors, and of any persons either directly or indirectly employed by said subcontractors. 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 each subcontractor and to give the Contractor the same power in regards to terminating any subcontract that the County may exercise over the Contractor under any provision of this Contract. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the County.

23. PATENTS - The Contractor shall hold and save the County, its officers, boards, commissioners, elected and appointed officials, employees, volunteers and agents, harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Work, including its use by the Contractor or County, unless otherwise specifically stipulated in the Specifications.

24. RIGHT OF THE COUNTY TO TERMINATE CONTRACT - If the Contractor should be adjudged bankrupt, or make a general assignment for the benefit of creditors, or if a receiver should be appointed for the Contractor or any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen, or proper materials, or refuse or fail to make prompt payment to persons supplying labor or materials for the Work, or persistently disregard instructions of the County, or fail to observe or perform any provisions of the Specifications, or otherwise be guilty

Page IB 8 of 8 of a substantial violation of any provision of the Contract, then the County may, by at least five (5) calendar days prior written notice to the Contractor, without prejudice to any other rights or remedies of the County, terminate the Contractor's right to proceed with the Work. In such event, the County may take over the Work and prosecute the same to completion, by Contract or otherwise, and the Contractor and his Sureties shall be liable to the County for any excess cost incurred by the County;

and in any case the County may take possession of and utilize in completing the Work such materials, appliances, and equipment as may be on the site of the Work and necessary therefore. Other provisions herein the Contract Documents are in addition to, and not in limitation of, the rights of County under any other provisions of the Contract.

25. GOVERNING LAW/VENUE - All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement, and concerned with work performed under this Agreement, will be governed by and construed under Georgia law only without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Georgia. The federal and state law courts having jurisdiction over Columbia County, Georgia shall have the exclusive jurisdiction for all matters arising from this Agreement.

STATE OF GEORGIA )

COUNTY OF COLUMBIA )

ARTICLES OF AGREEMENT

This Agreement made and entered into on the __ day of_ __, 20__ by and between Columbia County, Georgia, party of the first part, (hereinafter known as the County) and ***CONTRACTOR*** party of the second part (hereinafter known as the Contractor).

WITNESSETH:

That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows:

1. The Contractor will furnish all equipment, tools, materials, skill and labor of every description (except that specified to be furnished by the County) necessary to carry out and to complete in good, firm, substantial and workmanlike manner, the Work specified, in strict conformity with the Contract Documents for the Washington Road Signal Upgrade, Bid # 2025027-BID2710 Project for Columbia County, Georgia and the Specifications therein. Together with the foregoing Proposal made by the Contractor, this Agreement, and Bonds and Addenda attached thereto shall form essential parts of this Agreement, as is fully contained herein. The Work covered by this Agreement includes all requirements shown in the Specifications and listed in the Proposal under the following items, to-wit:

xxx Items in bid schedule

2. That the Contractor shall commence the Work to be performed under this Agreement on a date to be specified in a written order of the County, or its agent, and shall fully complete the Work WITHIN THE TIME LIMIT PROVIDED IN THE CONTRACT, except as otherwise provided herein and in the Specifications for extension of the Time Limit.

3. Time is of the essence of this Contract, and the Contractor agrees to pay the County, not as a penalty, but as liquidated damages, the amount shown in the “Schedule of Deductions for Each Day of Overrun in Contract Time” table listed below, that corresponds with the Original Contract Amount for each calendar day/completion date, as listed in the Construction Schedule, that he shall be in default of completing the Work within the Time Limit. Because of the difficulty of fixing damages suffered by the County due to Contractor's default, these damages are herein agreed upon as stated as a reasonable estimate of the damages that will be suffered by County.

Schedule of Deductions for Each Day of Overrun in Contract Time

Original Contract Amount Amount of Daily Charges

From More Than

To and Including Per Calendar Day or Completion

Date $0 $2,000,000 $213

$2,000,000 $4,000,000 $638 $4,000,000 $7,000,000 $1,169 $7,000,000 $12,000,000 $2,019

$12,000,000 $20,000,000 $3,399 $20,000,000 $30,000,000 $5,311 $30,000,000 $40,000,000 $5,949 $40,000,000 $50,000,000 $7,648 $50,000,000 ------ $8,498

AG-1

DRAFT

4. The County hereby agrees to pay to the Contractor for the faithful performance of the Agreement, and as full compensation for everything furnished and done by the Contractor under this Contract (subject to additions and deductions as provided in the Specifications or Proposal) in lawful money of the United States, the sum of ***BID AMOUNT*** which sum shall also compensate for any and all loss or damages arising out of the nature of the Work, or from the action of nature or the elements, or from unforeseen obstructions or difficulties encountered in the prosecution of the Work, and for all expense incurred by, or in consequence of the Work, its suspension or discontinuance, and for well and faithfully completing the Work and the whole thereof, as herein provided, and for replacing defective work, material or equipment for a period of one year after completion.

5. Payments on Account: Not later than the 15th day after receipt of the Contractor's estimate, as the Work progresses, the County shall make partial payment to the Contractor, 90% of the value of labor and materials furnished by the Contractor and incorporated in the Work and of materials furnished by the Contractor on hand at the site of the Work for and including the last day of the preceding month, (however no such payment on account shall exceed 33% of the Bid Amount), less payments already made and less deductions for any unaccepted or defective work. The County may also withhold from time to time payment to the Contractor in such an amount or amounts as may be necessary to pay and fully satisfy all claims and demands for labor and services rendered and materials furnished in and about the Work as elsewhere provided for in this Agreement or the Specifications.

6. Retainage: Five percent (5%) retainage will be held for the duration of the project. Refer to O.C.G.A 13-10-80 regarding state and local government contracts.

7. Final Payment: Upon written notice given to the County Engineer by the Contractor of the final completion of the Work, the County Engineer will make an inspection of the Work, and if acceptable under the Contract, shall issue a final certificate that the balance is due the Contractor. The County shall then make final payment to the Contractor of the balance due under the Contract, less such amounts as may have been withheld and employed by the County from time to time, as provided in the preceding paragraph, to pay all claims and demands for labor, service, and material furnished; provided that before the Contractor shall be entitled to final payment, the Contractor shall submit satisfactory evidence under oath that all payrolls and all amounts due for labor and materials and other indebtedness connected with the Work have been fully paid and satisfied and that there are no outstanding claims or demands against the Contractor connected with the Work.

8. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the bonds hereto attached, the County shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at his expense, within five days after the receipt of notice from the County to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the County. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the County.

9. “In satisfaction of the requirements of O.C.G.A. 13-10-91, and the Rules of the Georgia Department Labor relating to the Georgia Security and Immigration Compliance Act of 2006, it is agreed that compliance with the requirements of O.C.G.A. 13-10-91 and Rule 300-10-1-.02 are conditions of this Agreement. Attached to this Agreement and made a part hereof by specific reference, is a form entitled “Contractor Affidavit and Agreement” which is to be completed by the Contractor and all subcontractors. The Contractor shall be responsible for securing from each of the subcontractors, such subcontractor’s completion of the Subcontractor Affidavit. The Contractor’s compliance with the requirements of O.C.G.A. 13-10-91 and Rule 300-10-1-.02, shall be attested by the execution by the Contractor of the Contractor Affidavit and Agreement, attached to and made a part this Agreement. In the event the Contractor employs or contracts with any subcontractor in connection with this Agreement, which is required to register to verify information on all new employees, the Contractor shall secure from such subcontractor, attestation of the subcontractor’s compliance with O.C.G.A. 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the Subcontractor Affidavit

AG-2

shown in rule 300-10-1-.08 or a substantially similar subcontractor affidavit and maintain records of such attestation for inspection by the County at any time. Such Subcontractor Affidavit shall become a part of the contractor/subcontractor agreement.”

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract.

Columbia County, Georgia

By:

Douglas R. Duncan, Jr., Chairman Chairman of the Board of Commissioners

Signature of Authorized Officer or Agent Printed Name:

As Its: ___________________________________

ATTEST

ATTEST

Patrice Crawley Clerk of its Board of Commissioners

(COUNTY SEAL)

Signature Attesting to Contractor Printed Name:

As Its:

(CORPORATE SEAL)

AG-3

DRPERFORMANCE BOND

) ss:

COUNTY OF COLUMBIA )

KNOW ALL MEN BY THESE PRESENTS, THAT: We ***Contractor*** (hereinafter known as the "Contractor") as principal, and we as Surety do hereby acknowledge ourselves indebted and firmly bound and held unto Columbia County, Georgia (herein called the "Owner"), in the sum of ***BID AMOUNT*** for the payment of which well and truly to be made, in lawful money of the United States, we do hereby bind ourselves, successors, assigns, heirs and personal representatives, jointly and severally, firmly by this bond.

BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS:

***BID AMOUNT***, to construct Washington Road Signal Upgrade, Bid #2025027-BID2710 as more fully appears in a written agreement or Contract bearing date of _ __, 20___, a copy of which said agreement or Contract is by reference hereby made a part hereof, and it is the desire of the said Owner that the said Contractor shall assure all undertakings under said agreement or Contract.

NOW THEREFORE, if the said Contractor shall fully and faithfully perform all the undertaking and obligations under the said agreement or contract referenced above and shall fully indemnify and save harmless the said Owner from all costs and damage whatsoever which Owner may suffer by reason of any failure on the part of the Contractor to perform said contract, and shall fully reimburse and repay the said Owner any and all outlay and expense which it may incur in making good any such default by Contractor, and shall guarantee all materials and workmanship against defects for a period of one year, then this obligation or bond shall be null and void, otherwise to remain in full force and effect. Should Contractor fail to fully and faithfully perform its obligations under the said agreement, Owner shall be entitled to call due to the above-referenced sum from Surety.

And, for value received, it is hereby stipulated and agreed that no change, extension of time, alteration or addition to the terms of the said agreement or Contract or in the Work to be performed there under or the specifications accompanying the same shall in any way affect the obligations under this bond, and notice is hereby waived of any such change, extension of time, alteration or addition to the terms of the agreement or Contract or to the specifications.

This bond is given pursuant to the terms of Section 13-10-1 et seq. of the Official Code of Georgia Annotated, as now or hereafter amended, and all the provisions of law with reference to this character of bond as set forth in said section or as may be hereinafter enacted are hereby made a part hereof to the same extent as is set out herein in full.

IN WITNESS WHEREOF the said Contractor and said Surety have hereunto caused to be affixed their respective corporate signatures and seals, by duly authorized officers, on this ____ day of _ ___, 20__.

(As to Contractor) _______________________________ ______ (Contractor) Attest: ____________________________________ By: __________________________________

As: ______________________________ Title: _________________________________

(SEAL)

(As to Surety) _______________________________________ (Surety) Attest: ____________________________________

As: ______________________________ By: ___________________________________

Title: __________________________________

PB-1

PAYMENT BOND

COUNTY OF COLUMBIA )

KNOW ALL MEN BY THESE PRESENTS, That we ***CONTRACTOR*** As Principals (hereinafter known as the "Contractor") and we , as Surety, are held and firmly bound unto Columbia County, Georgia (hereinafter called the "Owner") in the sum of ***BID AMOUNT*** in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, or heirs, personal representatives, successors and assigns, jointly and severally, firmly by this bond.

WHEREAS, the Owner has engaged the said Contractor for the sum of ***BID AMOUNT*** to construct Washington Road Signal Upgrade, Bid #2025027-BID2710 : as more fully appears in a written agreement or Contract bearing date of ___ ____, 20___, a copy of which said agreement or Contract is by reference hereby made a part hereof, and it is the desire of the said Owner that the said Contractor shall assure all undertakings under said agreement or Contract.

NOW, THEREFORE, if the said Contractor promptly makes payment to all persons having a direct relationship with the Contractor, or a subcontractor of the Contractor, for furnishing labor, material or both in the prosecution of the Work provided for in the Contract identified above, and any authorized modifications of the contract that subsequently are made, this obligation shall be void. Should Contractor, or a subcontractor of the Contractor, fail to promptly make such payments to any party, Owner shall be entitled to call due this bond from Surety. The Surety hereby waives notice of any modifications to the Contract.

PROVIDED, however, that this bond is subject to the following conditions and limitations:

A. Any person, firm or corporation that has furnished labor, materials or supplies for or in the prosecution of the work provided for in said contract shall have a direct right of action which shall be asserted in a proceeding, instituted in the County in which the Work provided for in said Contract is to be performed or in any County in which said Contractor or Surety does business. Such right of action shall be asserted in a proceeding instituted in the name of the Claimant or Claimants for his or their use, and benefit against such Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon.

B. The Principal and Surety hereby designate and appoint the Owner as the agent of each of them to receive and accept service of process of other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety.

C. In no event, shall the Surety be liable for a greater sum that the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after final settlement of said Contract.

D. This bond is given pursuant to the term of Section 13-10-1 et seq. of the Official Code of Georgia Annotated, as now or hereafter amended, and all the provisions of law with reference to this character of bond as set forth in said section or as may hereinafter be enacted are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF the said Contractor and said Surety have hereunto caused to be affixed their respective corporate signatures and seals, by duly authorized officers, on this _____ day of _ __, 20__.

(As to Contractor) _______________________________ ______ (Contractor) Attest: ____________________________________ By: __________________________________

As: ______________________________ Title: _________________________________

(As to Surety) _______________________________________ (Surety) Attest: ____________________________________

As: ______________________________ By: ___________________________________

Title: __________________________________

PMB – 2

INDEX OF GENERAL PROVISIONS

1. LAWS OR REGULATIONS

2. PERMIT TO WORK

3. COUNTY’S NPDES RESPONSIBILITIES

4. CONTRACTOR’S NPDES RESPONSIBILITIES

5. NPDES CERTIFICATION

6. EROSION CONTROL

7. NOTICE AND SERVICE THEREOF

8. COUNTY ENGINEER

9. CONTROL OF WORK

10. CORRECTIONS

11. BID ITEMS

12. MEASUREMENT AND PAYMENT

13. CHANGES IN WORK

14. CLAIMS FOR EXTRA COST

15. EXTRAS

16. FORCE ACCOUNT

17. PAY REQUESTS

18. PAYMENTS BY CONTRACTOR

19. CERTIFICATE OF PAYMENT

20. EVIDENCE OF PAYMENT BY THE

CONTRACTOR

21. INSPECTION AUTHORITY

22. INSPECTION OF WORK AND MATERIALS

23. MATERIAL REQUIREMENTS AND TESTING

24. GUARANTEE OF WORK AND MATERIAL

(WARRANTY)

25. COOPERATION BY CONTRACTOR

26. COMMENCING WORK

27. MAIL DELIVERY

28. LETTER OF PERMISSION

29. RIGHT-OF-WAY ACQUISITION

30. RIGHT-OF-WAY

31. PROPERTY PINS

32. CONSTRUCTION STAKES, LINES, AND

GRADES

33. GRADING COMPLETE

34. CLEARING AND GRUBBING

35. BORROW MATERIAL

36. EMBANKMENT CONSTRUCTION

37. UNDERCUT EXCAVATION

38. PROOF ROLLING

39. STORM DRAIN PIPE

40. STORM DRAIN VIDEO INSPECTION

41. PRIME COAT

42. ASPHALT

43. GRASSING AND MULCHING

44. TRAFFIC CONTROL, CLOSURES, AND

MAINTENANCE

45. CERTIFIED FLAGMEN

46. SIGNS

47. UTILITY COORDINATION

48. UTILITY PROTECTION

49. WATER MAINS/LINES

50. SPRINKLER SYSTEMS

51. ELECTRICITY SUPPLY

52. WATER SUPPLY

53. SANITARY FACILITIES

54. SHEDS/STRUCTURES

55. FINAL CLEAN-UP

56. ON-SITE CONTAMINATION

57. PROTECTION OF PERSONS AND PROPERTY

58. PROPERTY DAMAGE

59. WEATHER & PUBLIC SAFETY

60. WEATHER & WORK PROTECTION

61. RETAINAGE SCHEDULE, ACCEPTANCE OF

THE WORK, AND FINAL PAYMENT

62. DELAYS

63. DAMAGES

GENERAL PROVISIONS

Page GP 1 of 15

1. LAWS OR REGULATIONS – It is the Contractor’s responsibility to remain fully informed of all federal, state and local laws, ordinances, and regulations which in any manner may affect the County or those engaged or employed in the Work, the materials used in the Work, or affect the conduct of the Work.

If the Contractor identifies any concerns that may lead to violations of federal, state, or local statutes by performing the Work per the Contract Documents, the Contractor shall cease the work related to the potential violation immediately and notify the County Engineer. The Contractor shall at all times, observe and comply with all laws, ordinances, and/or regulations in effect at any time during the course of the Contract, and shall protect and indemnify the County and its agents against any claim or liability arising from or based on the violation, whether by Contractor, its employees or subcontractors.

2. PERMIT TO WORK - All work shall be done in strict conformance to the permits issued by the local, state, and/or federal agency having jurisdiction over the Work. Pre-acquired permits for the work, if any, can be found in the Special Provisions section. All other permits required to do the work shall be the responsibility of the Contractor.

3. COUNTY’S NPDES RESPONSIBILITIES - On Projects requiring a Notice of Intent (NOI), the County will execute the Notice of Intent (NOI) for the Work as the “Owner,” file the NOI with EPD, and provide a copy of the NOI to the Contractor for their records. Storm water sampling for quality assurance will also be provided by the County, using a 3rd party professional services firm, with copies of EPD reports provided to the Contractor for their records monthly.

4. CONTRACTOR’S NPDES RESPONSIBILITIES – On Projects requiring a Notice of Intent (NOI), the

Contractor is required to execute the NOI as the “Operator.” The Contractor is also required to collect and maintain records for daily rain gauge readings and perform daily, weekly, and monthly inspections as required by the NOI. This work will be paid for under the Water Quality Inspections Bid Item, if included as a Bid Item, or the Grading Complete Bid Item otherwise. The Contractor shall provide all inspection reports to the County for review monthly. During the final project close-out stage for the Work, the Contractor shall provide the County a copy of all records pertaining to the NPDES permit.

Delays in submitting complete records may delay the release of final retainage.

5. NPDES CERTIFICATION - Contractor must have proof of a Level IA or greater NPDES certification through the Georgia Soil and Water Conservation Commission (GSWCC) which must be furnished to the County prior to execution of the Contract. The Contractor shall retain at least one Level 1A GSWCC certified person on site at all times while work is in progress.

Page GP 2 of 15

6. EROSION CONTROL - All soil erosion control measures shall be in place prior to commencing the Work.

The Contractor shall designate a certified worksite erosion control person “On-Call” who is able to respond within one (1) hour of being requested by the County Engineer.

7. NOTICE AND SERVICE THEREOF - All formal notices, demands, requests, instructions, approvals, and claims, hereinafter referred to as Formal Correspondence, between the Contractor and the County shall be in writing.

a. Any Formal Correspondence sent to the Contractor will be sufficiently given if delivered to the office of the Contractor or deposited in the United States mail in a postage-prepaid sealed envelope addressed to the Contractor, in each case addressed to such office specified in the Bid (or at such other office as the Contractor may from time to time designate to the County in writing).

b. Any Formal Correspondence sent to the County will be sufficiently given if delivered to the office of the County or deposited in the United States mail in a postage-prepaid sealed envelope addressed to the County Engineer, in each case addressed to such office specified in the Contract Documents.

c. Any Formal Correspondence shall be deemed to have been given or made as of the time of actual delivery or, in the case of mailing, at the time designated on the delivery receipt by the postal service.

8. COUNTY ENGINEER - The term “County Engineer” as used in these specifications refers to the County

Engineer of Columbia County, Georgia. County Staff/Engineering Inspectors assigned to the work by the County Engineer are authorized to perform such duties as deemed necessary in representing the County Engineer.

9. CONTROL OF WORK - All work on the project shall be performed in an orderly and logical manner to produce the highest quality…