00100 Instructions to Bidders.pdf

MADISON COUNTY BID #26-06

WATERLINE EXTENSION

MADISON COUNTY BOC INSTRUCTIONS TO BIDDERS

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SECTION 00100

INSTRUCTIONS TO BIDDERS

1. BIDDING PROCEDURE

1.1. Bidding for this project is being conducted as follows:

1.1.1. Separate sealed bids will be received from the construction contractors.

1.2. Time Schedule

1.2.1. Step 1: Advertisement for Request to Bid April 30, 2026.

1.2.2. Step 2: Pre-Bid Meeting (Mandatory) 11:00 AM to 12:00 P.M. Eastern Standard Time, Madison County Board of Chambers, 60 General Daniels Avenue, North, Danielsville, GA 30633 on May 13, 2026.

1.2.3. Step 3: Receipt of Bids, accepted and opened for the Work from qualified bidders 10:00 A.M. to 12:00 P.M. Eastern Standard Time, June 1, 2026 at the office of the Engineer, AMT 330 Research Drive, Suite A240, Athens, Georgia 30605.

2. CONTRACT DOCUMENTS

2.1. The Contract Documents include the Contract Agreement, Contractor's Bid (including all documentation accompanying the Bid and any post-Bid documentation required by the Owner prior to the Notice of Award), Bonds, Specifications, Drawings, and Addendums, together with written amendments, Change Orders, Field Orders the Notice to Proceed, and the Engineer's written interpretations and clarifications issued in accordance with the General Conditions on or after the date of the Contract Agreement.

2.2. Shop Drawing submittals reviewed in accordance with the General Conditions, geotechnical investigations and soils reports, and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site, are not Contract Documents.

2.3. The Contract Documents shall define and describe the complete work to which they relate.

2.4. All bids received will become a part of the official contract file and may be subject to disclosure under the Georgia Open Records Act.

2.5. Bidders are expected to examine the Specifications, price schedule, and all instructions.

Failure to do so will be at the Bidders’ risk. Each offeror shall furnish the information required by the solicitation.

INSTRUCTIONS TO BIDDERS MADISON COUNTY BOC

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3. DEFINITIONS

3.1. Where the following words or the pronouns used in their stead occur herein, they shall have the following meaning:

3.2. “Owner” shall mean the Madison County Board of Commissioners, party of the first part to the Contract Agreement, or its authorized and legal representatives.

3.2.1. “Engineer” shall mean Armentrout Matheny Thurmond, P.C. (AMT).

3.2.2. "Design Professional” shall mean Armentrout Matheny Thurmond, P.C. (AMT).

3.2.3. “Contractor” shall mean the party of the second part to the Contract Agreement, or the authorized and legal representative of such party.

3.2.4. “Work” and “Project” shall mean the entire completed construction required to be furnished under the Contract Documents.

3.2.5. “Contract Time” shall mean the number of consecutive calendar days as provided in the Contract Agreement for completion of the Project, beginning with and inclusive of the date of the Notice to Proceed.

3.2.6. “Liquidated Damages” shall be as stipulated in the Agreement.

3.2.7. “Products” shall mean materials or equipment permanently incorporated into the Project.

3.2.8. “Provide” shall mean to furnish and install.

3.2.9. “Balanced Bid” shall mean a Bid in which each of the unit prices and total amount bid for each of the listed items reasonably reflects the value of that item with regard to the entire job considering the prevailing cost of labor, material, and equipment in the relevant market.

3.2.10. “Unbalanced Bid” shall mean a Bid which, in the opinion of the Owner, is based on prices significantly less than cost for some work, or prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the Bid will result in the lowest overall cost to the Owner even though it may be the low evaluated Bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

3.2.11. “Substantial completion of the work”, solely for the purposes of Official Code of Georgia Annotated (O.C.G.A.) §13-10-80(b)(2)(c), shall be defined as occurring on the date of the written notification from the Engineer that the Project is ready for final inspection, as specified in the General Conditions.

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3.2.12. “Satisfactorily completed”, solely for the purposes of O.C.G.A. §13-10-81(b), shall mean the completion of all work, certifications, and affidavits as specified in the General Conditions.

4. PREPARATION AND EXECUTION OF BID

4.1. Each Bid must be prepared to represent that it is based solely upon the materials and equipment specified in the Contract Documents.

4.2. Each Bid must be submitted on the Bid Forms which are attached to the Contract Documents.

All blank spaces for Bid prices, both words and figures, must be filled in, in ink. In case of discrepancy, the amount shown in words will govern. All required enclosed certifications must be fully completed and executed when submitted.

4.3. Bid Timetable: The anticipated schedule of the bid process is as follows:

Pre-Bid Conference:

11:00 AM to 12:00 P.M.

May 13, 2026

Last Date for Written Questions to the Engineer

5:00 P.M. May 27, 2026

Bid Due Date and Opening:

10:00 A.M. to 12:00 P.M.

June 1, 2026

Proposed Construction Start Date:

July 15, 2026

Bids valid until: 90 Days after Bid Opening Date

(Note: Pre-bid Conference shall be held at the Madison County Board of Commissioners Office, Public Meeting Room, 91 Albany Avenue, Danielsville, Ga. The Pre-bid Conference shall be mandatory for all bidders).

4.4. All Bids from Pre-Qualified Bidder copies must be submitted in a sealed envelope or container. The Bidder shall provide on the outside of the outermost sealed envelope or container the following information; otherwise, the Bid will not be opened and will be returned to the Bidder:

4.4.1. Bidder's Name.

4.4.2. Georgia Utility Contractor License Number.

4.4.3. Bid number and project title “Installation of Domestic Water and Fire Suppression System Serving portions of Griffeth Road, Shady Lane, and Northwood Circle”.

One (1) marked Original of the complete signed bid One (2) marked Copy of the complete signed bid

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Madison County Board of Commissioners Office Public Meeting Room 91 Albany Avenue Danielsville, Ga

4.5. Bid Delivery:

4.5.1. Hand-delivered copies may be delivered to the above address only between the hours of 8:00 a.m. and 5:00 p.m. ET, Monday through Friday, excluding holidays observed by Madison County and except date of bid, deadline is 3:00 PM EST.

4.5.2. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the as stated above.

4.5.3. Bidders are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service. No responsibility shall attach to the Owner for premature opening of a bid not properly addressed and identified, and/ or delivered to the proper designation.

4.6. Any and all Bids not in compliance with the aforementioned criteria for Bid submittal may be declared non-responsive, and subsequently returned to the Bidder.

4.7. The Contractor, in signing a Bid on the whole or any portion of the Project, shall conform to the following requirements:

4.7.1. The Bid submittal must be signed by a company officer who is legally authorized to enter into a contractual relationship in the name of the Bidder.

4.7.2. Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed.

4.7.3. Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If a Bid is signed by an attorney-in-fact, there should be attached to the Bid a power of attorney executed by the partners evidencing authority to sign the Bid.

4.7.4. Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name following the wording “By.” The corporation seal shall also be affixed to the Bid and Bid Bond.

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4.7.5. The Bidder shall complete, execute, and include the following mandatory documents, which are attached to these Contract Documents. Bids received without all of the mandatory documents may be rejected:

4.7.5.1. Section 00300 Bid Form.

4.7.5.2. Section 00410 Bid Bond, in the amount of no less than 5 percent of the total bid.

4.7.5.3. Section 00417 Corporate Certificate, if the Bidder is a corporation, or Section 00418, Partnership Certificate, if the Bidder is a partnership.

4.7.5.4. Section 00427 Georgia Security and Immigration Compliance Act Affidavits for the Bidder.

4.7.5.5. Section 00480 Non-collusion Affidavit of Prime Bidder.

The following mandatory documents, which are attached to these Contract Documents, shall be submitted by the apparent low bidder in both hard and electronic copy within 3 days of bid opening, or Bid may be deemed non-responsive:

4.7.5.6. Section 00419, Subcontractor Listing Form.

4.7.5.7. Section 00481, Non-collusion Affidavit of Subcontractor, from all Subcontractors.

4.8. Any and all Bids not meeting the aforementioned criteria for Bid submittal may be declared non-responsive and subsequently returned.

4.9. Cost Incurred by Bidders: All expenses involved with the preparation and submission of the Bid to the Owner, or any work performed in connection therewith shall be borne by the Bidder. No payment will be made for any responses received or for any other effort required of or made by Bidder(s) prior to commencement of work as defined by a Contract approved by the Owners governing body .

5. METHOD OF BIDDING

5.1. The unit or lump sum price for each of the several items in the Bid of each Bidder shall include its pro rata share of overhead and profit so that the sum of the products, obtained by multiplying the quantity shown for each item by the unit price, represents the total Bid.

5.2. The Bidder must include a unit or lump sum price for all items shown on the Bid Forms; failure to comply may be cause for rejection. Additionally, Unbalanced Bids will be subject to rejection. Conditional Bids will not be accepted. The special attention of all Bidders is called to

00100 - 6 this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities or extra per unit compensation allowed.

5.3. Unbalanced Bids: The Owner may reject a Bid as non-responsive if the prices bid are materially unbalanced between the line items or sub-line items.

5.4. Discrepancy in Unit Price: In case of a discrepancy between a unit price and an extended price and total amount, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

6. ADDENDUMS AND INTERPRETATIONS

6.1. No interpretation of the meaning of the Drawings, Specifications, or other pre-bid documents will be made to any Bidder orally.

6.2. Explanation(s) desired by offeror(s) regarding the meaning or interpretation of this Bid must be requested in writing from the contact person via facsimile or email at the email address provided. Technical questions may be directed to the Engineer Project Manager Michael B.

Thurmond., P.E. Every request for such interpretation should be made in writing via email to bthurmond@amtathens.com all requests for interpretation or questions must be received by the time and dated stated in the above bid timetable.

6.3. Any and all such interpretations and any supplemental instructions will be in the form of written Addendums to the Contract Documents which, if issued, will be mailed, shipped, emailed or faxed to all prospective Bidders (at the respective addresses furnished) prior to the date fixed for the opening of Bids.

6.4. The Owner will issue responses to inquiries and any other corrections or amendments it deems necessary in written addendums issued prior to the Bid opening date. Bidders should not rely on any representations, statements, or explanations other than those made in this Invitation for Bid or in any addendum to this Invitation for Bid. Where there appears to be a conflict between the Invitation for Bid and any addendum issued, the latest addendum issued will prevail.

6.5. Failure of Bidders to receive or acknowledge any addendum shall not relieve the Bidder of any obligation under the Bid. All addendums shall become part of the Contract Documents.

6.6. Bidders are cautioned to re-visit the Georgia Procurement Registry site to obtain notification of any addendums, which may be issued. The Owner assumes no responsibility for Bidders’ failure to receive and acknowledge any addendums issued.

6.7. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to inspect the site shall in no way relieve any Bidder from any obligation with respect to his Bid.

http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp

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7. BID MODIFICATIONS

7.1. Bidders may modify their Bids by electronic communication at any time prior to the scheduled closing time for receipt of Bids, provided such telegraphic communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the Bidder was mailed prior to the closing time. The telegraphic communication should not reveal the Bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed Bid is opened. If written confirmation is not received within 2 business days from the closing time, no consideration will be given to the telegraphic modification.

7.2. Late Submittal, Late Modifications, and Late Withdrawals: Bid submittals received after the Bid opening date and time are late and will not be considered. Requests received after the Bid opening date for modifications to or to withdraw bids are also late and will not be considered.

No responsibility shall attach to the Owner for the premature opening of a Bid not properly addressed and identified, and/or delivered to the improper designation.

8. BID SECURITY

8.1. Each Bid must be accompanied by an Original Bid Bond with original signatures for both Bidder and Surety, and Power of Attorney (with Surety Seal), prepared on the form of Bid Bond included herein or a Surety Company's Standard Bid Bond, duly executed by the Bidder as principal and having as surety thereon a surety company authorized to do business in the State of Georgia. Bid Bonds must contain, at a minimum, the following:

8.1.1. Bidder named as Principal on Bid Bond.

8.1.2. The Madison County Board of Commissioners named as Obligee.

8.1.3. Specific Bid Project referenced on Bid Bond.

8.1.4. Bid Bond meets minimum dollar amount (5 percent of total of Bid sum).

8.1.5. Bid Bond signed by same representative signing Bid.

8.1.6. Attorney-in-fact representing Surety listed on Power of Attorney (exact name).

8.1.7. Bid Bond dated the same date as Power of Attorney and Bid Form.

8.2. The Surety must be on the Federal Treasury’s list of approved sureties (http://www.fms.treas.gov/c570/c570.html#Certified_Companies). The Bid Bond amount must be within the Surety’s underwriting limit, and the Surety must be authorized to do business in Georgia.

http://www.fms.treas.gov/c570/c570.html#Certified_Companies

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8.3. If for any reason whatsoever the successful Bidder withdraws from the competition after opening of the Bids, or if Bidder refuses to execute and deliver the Contract, Insurance, and Bonds required within 20 business days after presentation of the formal Contract Agreement, the Owner may proceed to enforce the provisions of the Bid Bond.

8.4. If awarded Bidder refuses to enter into a Contract, the Owner will retain bid security as liquidated damages, but not as a penalty.

9. RECEIPT AND OPENING OF BIDS

9.1. The Owner may consider a minor irregularity of any Bid not prepared and submitted in accordance with the provisions hereof and may waive any minor irregularities or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be opened.

9.2. If a Bidder, after the Bid opening determines that its Bid contained an appreciable error, the Bidder may withdraw its Bid, subject to the provisions of, and, if the mistake meets the criteria in, O.C.G.A. Section 36-91-52.

9.3. Withdrawal of Bid: A Bidder may withdraw its Bid before the expiration of the time during which Bids may be submitted without prejudice to the Bidder, by submitting a written request of withdrawal to the Purchasing Administrator.

9.4. Rejection of Bids: The Owner reserves the right to accept or reject any and all Bids and reserves the right to waive any irregularities or informalities or technical defects and to accept or reject any Bid, if in the judgment of the Owner its best interest will be served.

9.5. Award may be refused to any Bidder who, in the opinion of the Owner, is not a responsible Bidder, is in default of any Bid, proposal, purchase order, or contract with the Owner prior to the date of Bid under consideration, or whose performance under any prior proposal or contract was determined by the Owner to be unsatisfactory. The Bidder’s performance on behalf or other entities (public or private) may be considered.

9.6. Bid submittals received after said time or at any place other than the time and place as stated in the notice may not be considered.

10. SUBCONTRACTS

10.1. Names of principal subcontractors must be listed using the Subcontractor Listing Form and attached to the Bid. There shall be only one subcontractor named for each classification listed or specific trade.

10.2. The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this Contract must be acceptable to the Owner.

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10.3. The Contractor shall not subcontract more than 50 percent of the total cost of the Project.

11. CONDITIONS OF THE PROJECT

11.1. Each Bidder must be informed fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract. Insofar as possible, the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

11.2. The Bidder is advised to examine the location of the Project and to be informed fully as to its conditions; the conformation of the ground; the character, quality, and quantity of the products needed before and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work to be done under the Contract. Failure to examine the site will not relieve the successful Bidder of an obligation to furnish all products and labor necessary to carry out the provisions of the Contract.

11.3. The Bidder shall notify the Owner of the date and time Bidder proposes to examine the location of the Project. The Bidder shall confine examination to the specific areas designated for the proposed construction, including easements and public rights-of-way. If, due to some unforeseen reason, the Owner's proceedings for obtaining the proposed construction site (including easements) have not been completed, the Bidder may enter the site only with the express consent of the property owner. The Bidder is solely responsible for any damages caused by examination of the site.

11.4. The Contractor will not be given extra payments for conditions which can be determined by examining the site and documents.

12. NOTICE OF SPECIAL CONDITIONS

12.1. If any special federal, state, county, or city laws, and municipal ordinances, and the rules and regulations of any authorities having jurisdiction over construction of the Project, enclosed herein referred to, or applicable by law to the Project, conflict with requirements of the Contract Documents, then the most stringent requirement prevails.

13. OBLIGATION OF BIDDER

13.1. By submission of a Bid, the Bidder warrants that Bidder has inspected the site and has read and is thoroughly familiar with the Contract Documents (including all addendums). The failure or omission of any Bidder to examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to the Bid.

13.2. By submission of a Bid, the Bidder warrants that it has notified, prior to the opening of Bids, the Engineer and/or Owner, in writing, of any conflict, error, ambiguity, or discrepancy which

00100 - 10 the Bidder may discover prior to the opening of Bids, which would affect the cost of the Project on the performance of the constructed work.

14. METHOD OF AWARD

14.1. It is the intent of the Owner to award the Contract to the responsive, responsible Bidder submitting the lowest total of the Bid and complying with the conditions of the Contract Documents.

14.2. The Bidder to whom the award is made will be notified. The Owner reserves the right to reject any and all Bids and to waive any minor irregularities in Bids received whenever such rejection or waiver is in the Owner's best interest.

14.3. A responsive Bidder shall be one:

14.3.1. Who submits a Bid in the proper form without qualification or intent other than as called for in the Contract Documents;

14.3.2. Who binds himself or herself on behalf of the Bid to the Owner with the proper Bid Bond completed and attached;

14.3.3. Who properly completes all forms required to be completed and submitted at the time of the Bidding and, if the apparent low bidder, the documents required within 24 hours of bid opening;

14.3.4. Who shall furnish all data required by these Contract Documents

14.4. Acceptance of the Bidder's documentation and substantiation or Contract Award by the Owner does not relieve the Bidder of liability for non-performance as covered in the Contract Documents and the Bidder will not be exempted from any other legal recourse the Owner may elect to pursue.

14.5. Notwithstanding any delay in the preparation and execution of the formal Contract Agreement, each Bidder shall be prepared, upon written notice of Bid acceptance, to commence work within 10 days following receipt of official written order of the Owner to proceed, or on a date stipulated in such order.

14.6. The accepted Bidder shall assist and cooperate with the Owner in preparing the formal Contract Agreement, and within 10 business days following its presentation shall execute same and return it to the Owner.

15. EMPLOYMENT OF LOCAL LABOR

15.1. Preference in employment on the Project shall, insofar as practical, be given to qualified local labor.

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16. AMERICANS WITH DISABILITIES ACT (ADA)

16.1. A qualified interpreter for the hearing impaired is available upon request at least 10 days in advance of the Bid opening date. Please call the Owner for more information for the hearing impaired. This service is in compliance with the Americans with Disabilities Act (ADA).

17. MINORITY BUSINESS ENTERPRISE STATEMENT

17.1. It is the policy of the Owner that no person or business shall be excluded from participation, denied the benefits of, or otherwise be discriminated against in relation to the award and performance of any contract or subcontract on the grounds of race, color, creed, national origin, age, or sex.

18. HOLD HARMLESS AND INDEMNIFICATION

18.1. The Bidder agrees, insofar as it legally may, to indemnify and hold harmless the Owner, its officers, employees, and agents from and against all loss, costs, and expenses, including attorney’s fees, claims, suits, and judgments whatsoever in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Bidder, its officers, employees, and agents under any of the terms of this Contract.

19. INDEPENDENT CONTRACTOR

19.1. The Contractor shall not be an employee of the Owner but shall be an independent contractor.

Nothing in this Contract Agreement shall be construed as authority for the Contractor to make commitments which shall bind the Owner, or to otherwise act on behalf of Owner, except as the Owner may expressly authorize in writing.

20. PROJECT CONSTRUCTION TIME

20.1. Project construction time shall begin as soon as possible but no later than July 10, 2026 and all work shall be completed including testing by end of March 2027. The Owner reserves the right to modify the project time at any point. Liquidated damages shall be assessed at the Owners discretion, beginning March 20, 2027 for each calendar day work is not completed.

Liquidated damages shall be $250.00 per calendar day. No inclement weather or rain days shall be allowed to extend the date of completion of the work or paving as described below.

See Section 01010 Summary of Work for a more complete breakdown of Contractor Schedule.

20.2. Paving and pavement marking shall be accomplished in each work area before mobilizing to another work area. Temporary pavement markings shall then be painted on these streets prior to opening to facilitate traffic flow.

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END OF SECTION