CONTRACT DOCUMENTS

FOR

DARBYSHIRE ROAD AND DOC DARBYSHIRE

ROAD TERAFFIC SIGNAL INSTALLATION

AUGUST 2026

Prepared for:

COLQUITT COUNTY BOARD OF COMMISSIONERS

Bid Date: September 24, 2026

Prepared by:

Innovate Engineering & Surveying, LLC 2214 N. Patterson Street

Valdosta, GA 31602 229-249-9113 Project # 1949

TABLE OF CONTENTS

SECTION PAGE

BIDDING REQUIREMENTS

Advertisement for Bids AB-1 Instructions to Bidders IB-1 thru IB-6 Bid Proposal BP-1 thru BP-10 Bid Bond BB-1

CONTRACT FORMS

Contract C-1 thru C-13 Performance Bond PFB-1 thru PFB-2 Payment Bond PB-1

GENERAL CONTRACT CONDITIONS

General Conditions GC-1 thru GC-17 Special Conditions SC-1 thru SC-4

TECHNICAL SPECIFICATIONS

Section Title Page

01150 Measurement and Payment 1 thru 8 01380 Visual Preconstruction Record 1 02001 General and Auxiliary Items for Roadway Projects 1 02401 Minor Drainage Structures 1 02511 Concrete Pavement and Miscellaneous Concrete 1 02901 Incidental Items for Roadway Projects 1

AB - 1

ADVERTISEMENT FOR BIDS

FOR

DARBYSHIRE ROAD AND DOC DARBYSHIRE ROAD

TRAFFIC SIGNAL INSTALLATION

Sealed Bids, for furnishing all materials, labor, tools, equipment and appurtenances necessary for the construction of the Darbyshire Road and Doc Darbyshire Road Traffic Signal Installation will be received by the Colquitt County Board of Commissioners at the Colquitt County Purchasing office, Colquitt County Courthouse Annex, 101 E. Central Ave., Room 206, Moultrie, GA 31768, until 2:00 p.m., local time, on September 24, 2026, and then at said office publicly opened and read aloud. Bids arriving after the designated time will be returned unopened.

The Project consists of the following major elements: steel strain poles, traffic signal equipment installation, storm piping (18” to 30”), thermoplastic traffic striping, concrete sidewalk, maintenance of traffic, erosion and sedimentation control, and all appurtenances necessary for a complete job.

The successful bidder, being responsible as well as responsive, shall commence work with an adequate force and equipment on a date specified in a written order of the Project Engineer. All work on the Project must be completed within 180 consecutive calendar days of the date of notice to proceed.

Bids shall be submitted on Bid Proposal forms furnished for that purpose, in accordance with the Contract Documents and the Plans and Specifications. Plans, Specifications and Contract Documents are open to the public and may be reviewed at the Colquitt County Public Works office, 209 Destiny Drive, Moultrie, GA 31788. Plans, Specifications and Contract Documents can also be viewed online at http://www.ccboc.com/departments/purchasing/index.php. Digital (pdf format) copies of Plans, Specifications and Contract Documents may be obtained from Innovate Engineering & Surveying, LLC, 2214 N. Patterson Street, Valdosta, GA 31602 at no cost.

Bids must be accompanied by a certified check or bid bond in an amount of not less than five (5) percent of the amount bid. A Contract Performance Bond and Payment Bond equal to one hundred

(100) percent of the contract price will be required.

A mandatory pre-bid conference will be held at the Colquitt County Public Works office, 209 Destiny Drive, Moultrie, GA 31788 at 2:00 p.m., September 8, 2026.

No bid may be withdrawn for a period of thirty (30) days after the scheduled time for receiving the bids. The Colquitt County Board of Commissioners reserves the right to reject any or all bids, to waive informalities and to readvertise. The Colquitt County Board of Commissioners is an equal opportunity employer.

COUNTY COURTHOUSE ANNEX

101 EAST CENTRAL AVENUE

ROOM 261

MOULTRIE, GEORGIA 31768

IB - 1

INSTRUCTIONS TO BIDDERS

1. GENERAL

Bidders are required to examine the Specifications carefully and to make such examinations of the site of the proposed work as are necessary to familiarize themselves with the nature and extent of the work to be done and with all local conditions which may affect the proposed construction. Bidders are also required to inform themselves fully in regard to construction and labor conditions under which the work will be performed. The Owner will not be responsible for Bidders errors or misjudgment, nor for any information on local conditions or general laws and regulations.

Insofar as practicable the contractor will be required to so schedule his operations and employ such methods of carrying out the work that he will not cause any interruptions of, or interfere with the use of any existing premises and shall bear the expense of repair or any other cost incurred.

Scheduling of construction shall be done with the approval of the Engineer.

2. SCOPE OF PROJECT

The Project consists of the following major elements: steel strain poles, traffic signal equipment installation, storm piping (18” to 30”), thermoplastic traffic striping, concrete sidewalk, maintenance of traffic, erosion and sedimentation control, and all appurtenances necessary for a complete job.

3. PROCUREMENT OF CONTRACT DOCUMENTS

Plans, Specifications and Contract Documents are open to the public and may be reviewed at the Colquitt County Public Works office, 209 Destiny Drive, Moultrie, GA 31788. Digital (pdf format) copies of Plans, Specifications and Contract Documents may be obtained from Innovate Engineering & Surveying, LLC, 2214 N. Patterson Street, Valdosta, GA 31602 at no cost.

4. PRE-BID CONFERENCE

A mandatory pre-bid conference will be held at the Colquitt County Public Works office, 209 Destiny Drive, Moultrie, GA 31788 at 2:00 p.m., July 29, 2025.

5. SUBMITTING BIDS

Each bid must be submitted in a sealed envelope, plainly marked "BID PROPOSAL", bearing on the outside the name of the Bidder, his or their address, and addressed to Colquitt County, Georgia, as outlined in the Advertisement for Bids. All bids must be submitted on Proposal forms attached hereto. No price changes on the envelope will be acknowledged.

IB - 2

All proposals must be signed in ink by the person, or persons authorized to sign same.

Bidders must bid on all items of the proposal.

6. BID MODIFICATIONS

Bid modifications are not allowed. Complete withdrawal or complete exchange of bid is acceptable, if done before scheduled bid opening.

7. AUTHORITY TO SIGN

If an individual makes a proposal, his name and post office address must be shown. If made by a firm, or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a Corporation, the person or persons signing the Proposal must show the name of the State under the laws of which the Corporation is chartered and his, or their authority for signing same; and the names, titles and addresses of the President, Secretary and Treasurer, and the Corporate authority for doing business in this State.

8. RIGHTS RESERVED

Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder.

Owner will consider factors other than price during the evaluation of Bids and reserves the right to award the Contract to the Bidder whose Bid is in the best interest of the Project.

9. PRICES BID

The price bid shall include furnishing all equipment, tools, materials, skill, and labor of every description necessary to carry out and complete in good, firm, substantial and workmanlike manner the work specified in strict conformity with the drawings or direction of the Engineer.

Supplementary unit prices, additive or deductive prices for materials or equipment not in complete conformance with the Contract Documents, or any other prices or amounts submitted in departure from the Bid Proposal, will not be considered in the comparison of bids. In the event that there is a discrepancy between the prices written in words and written in figures, the prices written in words shall govern.

10. CORRELATION AND INTENT OF DOCUMENTS

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

IB - 3

The intent of the documents is that the Contractor will furnish all labor and equipment, materials, accessories, fittings, transportation, tools and appurtenances, such as may be reasonably required under the terms of the Contract to make such items of work complete.

The drawings are intended to conform and agree with the specifications; if however, discrepancies occur, the Engineers will decide which shall govern. Special specifications stated on the drawing govern that particular piece of construction and have equal weight with the printed specifications.

11. INTERPRETATIONS

In general, no answer will be given to an oral question if the answer involves an interpretation of the intent or meaning of the Contract Documents or Plans, or the equality or use of products or methods other than those definitely designated or described on the Plans or in the Specifications. Any information given to bidders other than by means of the Plans and Contract Documents, or by Addenda described below, is given informally and shall not be used as the basis of a claim against the Owner or the Engineer.

Requests for interpretations of drawings and specifications must be made in writing to the

Project Engineer not later than five (5) days prior to receipt of Proposals. In general, the Engineer will neither approve nor disapprove particular products prior to opening of the bids;

such products will be considered when offered by the Contractor for incorporation into the work. Any interpretations made to bidders will be issued in the form of Addenda to the Contract Documents and sent to the bidders.

12. GUARANTEE TO ACCOMPANY PROPOSAL

No proposal will be considered unless accompanied by a certified check or acceptable Bid

Bond in an amount not less than five (5) percent of the bid and made payable to the Colquitt County Board of Commissioners.

13. RETURN OF THE PROPOSAL GUARANTEE

All proposal guarantees will be returned within ten (10) days following the opening of

Proposals if requested, except those of the three lowest bidders, which will not be returned until after a satisfactory bond has been furnished and the Contract has been executed.

14. WITHDRAWAL OF PROPOSAL

Bids may be withdrawn at any time prior to the designated time for the opening of the bids.

No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening thereof.

IB - 4

15. REJECTION OF IRREGULAR PROPOSALS

Proposals will be considered irregular and may be rejected, if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized alternate bids or irregularity of any kind.

16. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid.

17. CONTRACT PERFORMANCE BOND AND PAYMENT BOND

The Contractor will be required to furnish a Contract Performance Bond and a Payment Bond executed by a Surety Company duly authorized to do business in the State of Georgia, in an amount equal to one hundred percent (100%) of the contract price, as security for the payment of all persons performing labor and furnishing materials in connection with this contract.

The form of the bonds shall be as attached to these specifications and the Surety shall be acceptable to the Owner. In case of default on the part of the Contractor, all expenses incident to ascertaining and collecting losses under the bonds, including both engineering and legal services shall lie against the bonds.

The Contractor will be required to give a one-year guarantee covering workmanship and materials. The Contract Bond shall remain in force for one year from date of final acceptance of the equipment, materials and construction.

18. INSURANCE, PROOF OF CARRIAGE

The contractor will be required to furnish the Owner with satisfactory proof of the carriage of the insurance required.

19. AWARD

The award of the contract will be made as soon as practicable to the lowest responsible

Bidder meeting the requirements of the Owner; provided that in the selection of equipment or materials a contract may be awarded to a responsible bidder other than the lowest in the interest of standardization, Owner’s preferred method of construction or ultimate economy.

The successful Bidder will be notified of the intention to award as soon after bids are opened as possible.

IB - 5

20. CONTRACTOR TO BE SATISFACTORY TO OWNER

The Contract will not be awarded to any bidder or bidders who have failed in any contractual obligations to the Owner, or who has, on any previous contract, performed in a manner unsatisfactory to the Owner, either as to the character of the work, the fulfillment of guarantees or the time consumed in its completion.

The apparent lowest responsible Bidder shall, upon written request and prior to the letting of a contract, furnish the Owner with the following information relative to their business:

(a) A list including the name and address of each subcontractor who will perform work, representing a value which exceeds five (5) percent of the Total Base Bid, that the Bidder intends to use for successful completion of this Project. The listing shall also contain the category, portion or phase of the project the Bidder intends to use named subcontractor.

The Bidder represents that the listed subcontractors are financially responsible and are qualified to perform the work required.

(b) A statement of the Bidder’s experience, including a list of projects for which they were a responsible contractor or subcontractor. Such lists shall include the name or identification and location of each project, the year it was completed, a brief description of the project, the approximate dollar value of the work for which the Bidder was responsible, and the name and contact information for the Owner of the listed project.

(c) The amount of capital and equipment the Bidder and each of the named subcontractors have available for the work of the Project.

(d) A statement showing the financial assets and liabilities of the Bidder, certified to by a Certified Public Accountant.

21. BIDDERS NOTICE

Bidders are hereby notified and agree by submission of their Proposal that, after award of the Contract, should additional items not listed in the Proposal become necessary and require unit prices not established by the Proposal, that the unit prices of such items shall be negotiated and shall be directly proportional to the established unit prices of similar items in the Proposal. Any request for substitute or "or equal" shall include the Manufacturer's Certification of compliance with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. 177-58.

22. INFORMATION NOT GUARANTEED

It is understood and agreed that the Owner does not warrant or guarantee that the materials and conditions encountered during construction will be even approximately the same as those indicated on the drawings. The Bidder must satisfy himself regarding the character, quantities, and conditions of the various materials and work to be done, and assumes all risk of all discrepancies between the information given and the actual conditions encountered.

IB - 6

It is further understood and agreed that the Bidder or the Contractor will not use any of the information made available to him, or obtained in any examination made by him, in any manner as a basis or ground of claim or demand of any nature against the Owner or Engineer, arising from or by reason of, any variance which may exist between the information offered and the actual materials or structures encountered during the construction work.

END OF INSTRUCTIONS TO BIDDERS

BP - 1

BID PROPOSAL

FOR

DARBYSHIRE ROAD AND DOC DARBYSHIRE ROAD

TRAFFIC SIGNAL INSTLLATION

COUNTY COURTHOUSE ANNEX

101 EAST CENTRAL AVENUE

ROOM 261

MOULTRIE, GEORGIA 31768

ATTENTION: Mr. Chas H. Cannon County Administrator

The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Prices and within the time indicated in the Agreement and in accordance with the other terms and conditions of the Contract Documents.

In submitting this Bid, BIDDER represents that:

1. BIDDER has received, examined and carefully studied the Contract Documents, Plans and

Specifications, and has informed himself of all Addenda thereto, and of the form of the Contract and Bonds to be furnished in the event he is the successful bidder and is awarded the Contract;

2. BIDDER understands and agrees to the Instructions to Bidders;

3. BIDDER agrees to begin the work upon receipt of the executed Contract and Notice to

Proceed, to prosecute said work so as to complete work except as otherwise specified under this Contract within 180 days, and to pay the Owner liquidated damages for each consecutive calendar day (Sundays and legal holidays excluded) of delay in an amount not to exceed $500.00 per day.

4. BIDDER acknowledges and certifies that he has examined the site by personal investigation and has become familiar with the on-site conditions and requirements of the Work, including materials to be excavated; that he has made his own interpretations and satisfied himself by his own investigations and research regarding labor and materials needed; that this Bid Proposal is made in sole reliance thereon; and that any information and/or data obtained from the Owner or Engineer will not be used as a basis for any claim in regards to this project.

5. BIDDER agrees to guarantee performance of all work in accordance with the Plans and

Specifications and in a good and workmanlike manner, and to replace or repair any work which may be rejected due to defective materials or workmanship prior to final completion, and acceptance of the Project by the Owner or during the guarantee period as required by the Specifications.

6. BIDDER is familiar with and has satisfied itself as to all federal, state and local Laws and

Regulations that may affect cost, progress, performance and furnishing of the Work.

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7. BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

BIDDER will complete the Work in accordance with the Contract Documents for the following price(s):

(In case of discrepancies between figures in the unit prices and the totals, the unit prices shall apply.)

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BRANDI DRIVE IMPROVEMENTS

(0.31 MILES)

Item #

Description

Quantity

Unit

Unit Price

Total Price

Mobilization

LS

163-0232

Temporary Grassing

0.53

AC

163-0240

Mulching

0.53

AC

441-0106

Concrete Sidewalk, 6”

SY

550-1180

Storm Drain Pipe, 18”, H 1-10

LF

550-1240

Storm Drain Pipe, 24”, H 1-10

550-1300

Storm Drain Pipe, 30”, H 1-10

550-4218

FES, 18”, Slope Dr

EA

550-4224

FES, 24”, Slope Dr

550-4230

FES, 30”, Slope Dr

611-3100

Reconstruct JCT Box

615-1100

Directional Bore, 2”

Directional Bore, 5”

Directional Bore, 7”

639-4004

Steel Strain Pole, TP IV, w/40’ Mast Arm

Steel Strain Pole, TP IV, w/45’ Mast

Steel Strain Pole, TP IV, w/50’ Mast

647-1000

Traffic Signal Installation

653-1704

Thermoplastic Solid Traffic Stripe – (White) (24”)

652-1804

Thermoplastic Solid Traffic Stripe – (White) (8”)

668-4300

GDOT Standard 1011A Drainage Manhole

182 Traffic Control 1 LS

253 Visual Preconstruction Record 1 LS

Required DOT Testing

TOTAL BASE BID $

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It is understood and agreed that the quantities listed in this proposal are approximate only and are solely for the purpose of comparison of Bids and may be increased or decreased without invalidating the unit costs.

Bidder Acknowledges receipt of the following addendum:

Addendum No. 1 Date Acknowledged By:

Addendum No. 2 Date Acknowledged By:

Addendum No. 3 Date Acknowledged By:

Addendum No. 4 Date Acknowledged By:

The undersigned, as Bidder, hereby declares that the only person, company, or parties interested in this proposal or the contract to be entered into, as principles, are named herein; and this proposal is made without connections with any other person, company, or parties making a bid or proposal;

and that it is in all respects fair in good faith without collusion or fraud.

Bidder is familiar with all laws and regulations that may affect cost, progress, and performance of the work, including BABAA requirements.

The full names and addresses of persons or parties interested in the foregoing bids as principals are as follows:

Date:

Signature

Signature

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NON-COLLUSIVE AFFIDAVIT

STATE OF

COUNTY OF

, being first duly sworn, deposes and says that he or she is a (print name) of (Owner, Officer, Agent, etc.) (Name of Business) who is making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement, collusion, communication or conference with any person, to fix the bid price of affiliate or of any other bidder, or to secure any advantage against or any person interested in the proposed Contract; and that all statements in said proposal or bid are true.

Signature of Bidder

Title

Subscribed and sworn to before me this day of , 20

Signed by:

Notary Public (seal)

Print Name:

My Commission Expires:

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EQUAL EMPLOYMENT OPPORTUNITY (EEO) CLAUSE

During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers representative of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor.

5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his book, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulation and orders.

6. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by the rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

By: Official Address (Bidder)

(Name, Title)

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CERTIFICATION OF NONSEGREGATED FACILITIES

We, _________________________________________________________ (Company) Certify that we do not and will not maintain or provide for our employees any segregated facilities at any of our establishments, and that we do not and will not permit our employees to perform their services at any location, under our control, where segregated facilities are maintained. We understand and agree that breach of this certification is a violation of Equal Opportunity clause required by Executive Order 11246, amended.

As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom or otherwise.

We further agree that (except where we have obtained identical certifications from proposed Subcontractors for specific time periods) we will obtain identical certifications from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that we will retain such certification in our files;

and that we will forward the following notice to such proposed Subcontractors (except where the proposed Subcontractors have submitted identical certifications for specific time periods).

NOTICE TO PROSPECTIVE SUBBUILDERS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES. A certification of Non-segregated facilities is required by the 9 May 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, 19 May 1967), must be submitted from the provisions either for each subcontract or for all subcontracts during a period (i.e. quarterly, semi-annually, or annually).

NOTE: Whoever knowingly and willfully makes any false, fictitious or fraudulent representation may be liable to criminal prosecution under 18 U.S.C. 1001.

Date: , 20

By: Official Address (Bidder)

(Name, Title)

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CONTRACTOR CERTIFICATION REGARDING DEBARMENT, ETC.

Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions pursuant to 24 Code of Federal Regulations, Part 24.510(b) and HUD Handbook 1300.13, REV-1:

1. By signing and submitting this proposal, the prospective lower-tier participant certifies that neither it, its principals nor affiliates, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the Participant provides the certification set out below:

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that an erroneous certification was rendered, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies.

3. Further, the Participant shall provide immediate written notice to the person which this proposal is submitted if at any time the Participant learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. By submitting this proposal, it is agreed that should the proposed covered transaction be entered into, the Participant will not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the agency with which this transaction originated.

5. It is further agreed that by submitting this proposal, the Participant will include this Certification, without modification, in all lower-tier covered transactions and in all solicitation for lower-tier covered transactions.

Contractor Name By: Date:

Title: Address:

City: State: Zip:

NON-CERTIFICATION

As the prospective lower-tier participant, I am unable to certify to statements in this Certification as explained in the attachment to this proposal.

Contractor Name By: Date:

Title: Address:

City: State: Zip:

The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.C.

1001.

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BIDDING CONTRACTOR DRUG FREE WORKPLACE CERTIFICATION

The undersigned certifies that the provisions of Code Sections 550-24-1 through 50-24-6 of the Official Code of Georgia annotated, relating to the “Drug Free Workplace Act”, have been complied with in full. The undersigned further certifies that:

1. A drug-free workplace will be provided for the Contractor’s employees during the performance of the contract; and

2. Each Contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: “As part of the subcontracting agreement with (Contractor), (Subcontractor) certifies to the Contractor that a drug-free workplace will be provide for the subcontractor’s employees during the performance of this contract pursuant to paragraph (7) of subsection (B) of Code Section 50-24-3.”

3. The undersigned further certifies that he will not engage in the unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana during the performance of this contract.

BY: Authorized Officer or Agent of Contractor Date

Contractor’s Name

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent of Contractor

Contractor’s Address

Sworn to and subscribed before me This ____ day of ___________, 20__

Notary Public

My commission expires: ___________

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

The undersigned contractor (“Contractor”) executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13- 10-91(a), (b), and (c);

The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor Name of Project

Name of Public Employer

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

Executed on __________________, _____, 20____ in ________________ (city), _____________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _______________, 20_____.

NOTARY PUBLIC

My Commission Expires:

BB - 1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, (hereinafter called the Principal), and

(hereinafter called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the City of and authorized to do business in the State of , in the full and just sum of Dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Colquitt County, Georgia to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally and firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted to Colquitt County, Georgia, a proposal for furnishing materials and labor and constructing certain improvements on for the said County, and, WHEREAS, the Principal desires to file this bond in accordance with the law, in lieu of a certified bidder's check otherwise required to accompany this proposal.

NOW, THEREFORE: The conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten (10) days after receipt of notification of the acceptance thereof execute a contract in accordance with the Proposal and upon the terms, conditions and prices set forth therein, in the form and manner required by Colquitt County, Georgia, and execute a sufficient and satisfactory performance bond and payment bond payable to Colquitt County, Georgia, each in an amount of one hundred percent (100%) of the total contract price, in form and with security satisfaction to said County, then this obligation to be void; otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Colquitt County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of 20 .

Principal

By (Seal)

Surety

By (Seal)

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CONSTRUCTION CONTRACT

THIS AGREEMENT, entered into this day of , 20__ by and between the Board of Commissioners of Colquitt County, Georgia (hereinafter referred to as “Owner”) and

_________________ (hereinafter referred to as “Contractor”) under the seal for the construction of DARBYSHIRE ROAD AND DOC DARBYSHIRE ROAD TRAFFIC SIGNAL INSTALLATION (hereinafter referred to as “Project”):

WITNESSETH

THAT FOR THE MUTUAL COVENANTS AND PROMISES CONTAINED HEREIN,

THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:

1.

This contract between the Owner and Contractor, of which this agreement is a part, consists of the contract documents.

2.

The contract documents consist of this agreement, the specifications and drawings attached hereto as Exhibit “A”, the Department of Transportation Standard Specifications, 2001

Addition, as modified, all change orders issued hereafter, the Bid form attached as Exhibit “B”, the performance bond attached hereto as Exhibit “C-1”, the payment bond attached hereto as Exhibit “C-2” and any other amendments hereto executed by the parties hereafter.

3.

This contract together with the Contractor’s performance and payment bonds for the project, constitute the entire and exclusive agreement between the Owner and Contractor with reference to the project. Specifically, but without limitation, this contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor.

4.

Nothing contained in this contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the

Contractor.

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5.

The intent of this contract is to require complete, correct, and timely execution of the work.

Any work that may be required implied or inferred by the contract documents, or any one or more of them, as necessary to produce the intended result shall be provided by the contractor for the contract price.

6.

The Contractor shall have a continuing duty to read, carefully study and compare each of the contract documents and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected work. The Owner makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made.

7.

The Contractor shall perform all the work required, implied, or reasonably inferable from this contract. The term “work” shall mean whatever is done by or required of the Contractor to perform and complete its’ duties under this contract, including the following: construction of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision of furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work to be performed by the Contractor is generally described as follows:

DARBYSHIRE ROAD AND DOC DARBYSHIRE ROAD TRAFFIC SIGNAL

INSTALLATION as per the Work Plan as attached hereto as Exhibit “A” located in Colquitt

County, Georgia.

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8.

The Contractor shall commence the work immediately and shall complete the work no later than 180 days from the date of notice to proceed. The Contractor shall pay the Owner the sum of $500.00 per day for each and every calendar day of delay in achieving final completion of the work beyond said 180 days completion period. Any sums due and payable under the terms of this paragraph by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract.

9.

All limitations of time as set forth in the contract documents are of the essence of this contract.

10.

The Owner shall pay and the Contractor shall accept as full and complete payment for all the work required herein, the actual quantity utilized at the unit price specified in the bid.

This sum shall constitute the contract price which shall not be modified except by change order executed by both parties hereto in writing.

11.

The Owner shall make payment of the contract price and progress payments commenced with the amount of work done by the Contractor less 10% of each payment as retainage. The

Contractor shall submit to the Owner a progress payment bill on or before the 25th day of each month after commencement of the work, which shall be payable by the Owner within 30 days.

12.

The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of:

a) Defective work not remedied by the Contractor, nor in the opinion of the Owner, likely to be remedied by the Contractor;

b) Claims of third parties against the Owner or the Owner’s property;

c) Failure by the Contractor to pay subcontractors or others in a prompt and proper fashion;

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d) Evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price;

e) Evidence that the work will not be completed in the time required for final completion;

f) Persistent failure to carry out the work in accordance with the contract;

g) Damage to the owner or a third party to whom the Owner is, or may be, liable

13.

When all the work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner in writing. Thereafter, the Owner will make final inspection of the work, and, if the work is complete in full accordance with this contract and this contract has been fully performed, will promptly issue complete and final payment to Contractor for the remainder of the unpaid contract price, less any amount withheld pursuant to this contract.

14.

If the Contractor persistently fails or refuses to perform the work in accordance with this contract, the Owner may order the Contractor to stop the work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exist, or the Owner orders that work be resumed. In such event, the Contractor shall immediately obey such order.

15.

If the Contractor’s work is stopped by the Owner, and the Contractor fails within 7 days of such stoppage to provide adequate assurance to the Owner that the cause of such stoppage will be eliminated or corrected, then the Owner may, without prejudice do any other rights or remedies the Owner may have against the Contractor, proceed to carry out the subject work.

In such a situation, the Owner shall be entitled to deduct from the contract price the costs of correcting the subject deficiencies, plus compensation for any additional expenses necessitated thereby. If the unpaid portion of the contract price is insufficient to cover the amount due to the Owner, the Contractor shall pay the difference to the Owner.

16.

The Contractor shall perform the work strictly in accordance with this contract. The

Contractor shall supervise and direct the work using the Contractor’s best skill, effort, and attention. The Contractor shall be responsible to the Owner for any and all acts or omissions

C - 5 of the Contractor, its’ employees and others engaged in the work on behalf of the Contractor.

17.

The Contractor warrants to the Owner that all labor furnished to progress the work under this contract will be competent to perform the task undertaken, that the product of such labor will yield only first class results, that materials and equipment furnished will be of good quality and that the work will be of good quality, free from faults and defects and in strict conformance with the contract. All work not conforming to these requirements may be considered defective by the Owner.

18.

The Contractor shall keep the site reasonably clean during performance of the work. Upon final completion of the work, the Contractor shall clean the site of the project and remove all waste, together with all of the Contractor’s property there from.

19.

The Owner shall have access to the work at all times from commencement of the work through final completion. The Contractor shall take whatever steps necessary to provide access to the Owner when requested.

20.

20.1 Definitions. For purposes of this Section, the following terms shall have the following definitions:

a. “Claims” shall mean any and all claims, including those for bodily injury, death, damage to property, or destruction of property, or demands, lawsuits, actions, administrative proceedings, orders, damages, settlements, judgments, penalties, fines, costs, fees and expenses, of whatever kind (including, but not limited to attorneys’ fees, expert fees and expenses, costs of investigations, costs of defense, and court costs); and

b. “Persons Indemnified” shall mean the Owner and its officers, directors, employees, members, agents, managers, successors and assigns of each of them.

20.2 General Indemnification. To the fullest extent permitted by applicable laws, Contractor hereby agrees to indemnify, hold harmless, and, at Owner’s request, defend the Persons

Indemnified with counsel chosen by the Owner, as provided in Section 20.3, from and

C - 6 against any and all Claims brought against any person or entity of Persons Indemnified, in any manner, in whole or in part, arising out of or connected with this Agreement or the

Contract Documents, the Work performed under this Agreement or the Contract

Documents by Contractor, its Subcontractors, employees, agents, or suppliers, or any act or omission of Contractor, any of its Subcontractors, any of its suppliers, anyone directly or indirectly employed by Contractor, its Subcontractors, or its suppliers, or anyone for whose acts any one of them may be liable. But, if a Claim is determined to have been caused by the sole negligence of any person or entity of the Persons Indemnified, then

Contractor will not be liable for that Claim under this “General Indemnity” Section.

20.3 General Indemnification, Conditions. Owner shall promptly notify the Contractor of any

Claim caused by the Contractor’s obligations hereunder and may request Contractor to defend the Claim with counsel selected by the Owner. Contractor’s duty to defend is not dependent on the prior determination of liability but arises when a Claim involves an act or omission of Contractor, or Contractor’s affiliate, representative, subcontractor, supplier, officer, director, employee, or agent or any one of them, or any one for whose acts one of them is liable, caused the loss.

21.

Changes in the work within the general scope of this contract consisting of additions deletions, revisions, or any combination thereof, may be ordered without invalidating this contract by a change order executed by the Owner and the Contractor. The Contractor shall notify and obtain the consent and approval of the Contractor’s surety with reference to all change orders if such notice, consent, or approval is required by the Contractor’s surety or by law. The Contractor’s execution of the change order shall constitute the Contractor’s warranty to the Owner that the surety has been notified of and consents to such change order and the surety shall be conclusively deemed to have been notified of such change order and to have expressly consented thereto.

22.

The Contractor shall immediately proceed to correct work rejected by the Owner as defective or failing to conform to this contract. Contractor shall pay all costs and expenses associated with correcting such rejected work.

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23.

If within one year after final completion of the contract, any of the work is found to be defective or not in accordance with this contract, the Contractor shall correct it promptly upon receipt of written notice from the Owner. This obligation shall survive final payment by the Owner and termination of this contract.

24.

If the Contractor persistently, repeatedly, refuses, or fails to prosecute the work in a timely manner, or if it fails to make prompt payment for materials or labor or otherwise substantially violates a material a provision of this contract, then the Owner may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and all materials thereon. In such a case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the costs of finishing the work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the

Contractor shall pay the difference to the Owner. This obligation for payment shall survive the termination of the contract.

25.

The Contractor shall provide sufficient liability and worker’s compensation insurance and insure that no claims for same are made against the Owner.

26.

This contract shall be governed by the Laws of the State of Georgia.

27.

The Contractor shall furnish separate performance and payment bonds to the Owner, in a form acceptable to Owner and with Surety’s acceptable to Owner. Each bond shall set forth a penal sum in the amount not less than the estimated total contract price shown on

Exhibit “B”. Each bond furnished by the Contractor shall incorporate by reference the terms of this contract as…