2024_07_12_Project Manual Issue for Bid.pdf

PROJECT MANUAL

DOCUMENTS AND SPECIFICATIONS

ADVENTURE ACRES PARK IMPROVEMENTS

Walker County, Georgia

Walker County Board of Commissioners Chairman – Shannon Whitfield District 1 Commissioner - Robert Blakemore District 2 Commissioner - Mark Askew (Vice Chair) District 3 Commissioner - Brian Hart District 4 Commissioner - Robert Stultz

Barge NO.: 3774402 DATE: July 2024

1110 Market St, Suite 200 Chattanooga, Tennessee 37402 423-756-3025

Adventure Acres Park Walker County, Georgia

Section 00 01 10 Table of Contents

07/12/2024 37744-02

SPECIFICATIONS

Section Title

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 10 Table of Contents 00 01 12 Professional in Responsible Charge 00 11 16 Advertisement for Bids 00 21 13 Instructions to Bidders 00 41 00 Bid Form 00 45 19 Non-Collusion Affidavit of Prime Bidder 00 45 33 Georgia Immigration Law Certifications 00 45 77 Contractor’s License Certifications 00 52 00 Agreement 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 72 00 General Conditions 00 73 00 Supplementary Conditions

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 22 00 Measurement and Payment 01 25 00 Substitution Procedures 01 31 00 Project Management and Coordination 01 31 19 Project Meetings 01 32 16 Construction Schedules 01 32 33 Construction Videos and Photographs 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 42 00 Codes and Standards 01 45 29 Testing Laboratory Services 01 50 10 Temporary Facilities 01 56 00 Temporary Barriers and Enclosures 01 56 16 Dust Control 01 56 39 Temporary Tree and Plant Protection 01 64 00 Owner Furnished Materials 01 65 00 Transportation and Handling 01 66 00 Storage and Protection 01 71 23.13 Construction Layout 01 73 29 Cutting and Patching 01 74 00 Cleaning and Waste Management 01 78 36 Warranties 01 78 39 Record Documents

DIVISION 02 - EXISTING CONDITIONS

02 41 00 Demolition

DIVISION 03 - CONCRETE

03 30 00 Cast-In-Place Concrete

00 01 10 - 2

Table of Contents

07/12/2024 37744-02

DIVISION 31 - EARTHWORK

31 10 00 Site Clearing 31 20 00 Earth Moving

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 17 Pavement Repair 32 11 23 Aggregate Base Courses 32 12 16 Asphalt Paving 32 14 13 Concrete Unit Paving 32 16 00 Concrete Sidewalks and Curbs 32 31 13 PVC Coated Chain Link Fencing 32 90 00 Exterior Landscape

DIVISION 33 - UTILITIES

33 42 13 Storm Sewers 33 49 00 Catch Basins, Inlets, and Miscellaneous Drainage Structures

ATTACHMENTS

Attachment A - Park Amenity Package (Splash Pad, Playground, and Multi-Purpose Building)

END OF SECTION

Section 00 01 12 Professional In Responsible Charge

DIVISION 00: PROCURMENT AND CONTRACTING REQUIREMENTS

DIVISION 01: GENERAL REQUIREMENTS

DIVISION 32: EXTERIOR IMPROVEMENTS

32 14 13 Concrete Unit Paving

32 31 13 PVC Coated Chain Link Fences

32 92 00 Exterior Landscape

John Brown, PLA, ASLA

DIVISION 02: EXISTING CONDITIONS

DIVISION 31: EARTHWORK

DIVISION 32: EXTERIOR IMPROVEMENTS

32 01 17 Pavement Repair

32 11 23 Aggregate Base Courses

32 12 16 Asphalt Paving

32 16 00 Concrete Sidewalks and Curbs

DIVISION 33: UTILITIES

Ben Nemec, PE

Section 00 11 16 Advertisement for Bids

ADVENTURE ACRES PARK

Walker County Government

101 S Duke St.

Lafayette, GA 30728

Sealed Bids for furnishing all materials, labor, tools, equipment, and appurtenances necessary for the construction of Adventure Acres Park will be received at the office of Joe Legge, Walker County Government, 101 S Duke St., Lafayette, GA 30728 until 2:00 p.m., local time, on August 27, 2024, and then at said location publicly opened and read aloud.

A Pre-Bid Conference is scheduled for July 23, 2024, at 10:00 A.M. local time, at the project site located at 370 Salem Road, Rossville, GA 3074. Bidder attendance is encouraged but not mandatory.

The project site work improvements consist of but not limited to site demolition, clearing and grubbing, erosion and sediment control, earthwork, storm drainage, resurfacing existing asphalt parking lot, striping parking lot, concrete curbs, concrete sidewalks, asphalt walking path, concrete pavers, underground site electrical service to 5’ of the building, site lighting, and landscaping.

The site work will be awarded as one Contract. A separate contract will be awarded for the proposed park amenities to include a playground, splash pad, and multi-purpose building.

Coordination with the park amenities contractor is included in the scope of work for the site work contract as described in the Contract Documents.

The Instructions to Bidders, Bid, Contract Agreement, Drawings, Specifications and forms of Bid Bond, Performance Bond, Payment Bond and other Contract Documents may be examined at the following:

https://walkercountyga.gov/public-notices/ Walker County 101 S Duke St., Lafayette, GA 30728

Barge Design Solutions, Inc.

1110 Market Street, Suite 200 Chattanooga, TN 37402 423-756-3025

Electronic copies of bidding Documents may be obtained from https://bidding.bargedesign.com.

Printed copies are also available for purchase. For questions about ordering documents, call Memphis Reprographics at 901-381-9811. For questions regarding the project, contact John Brown by email at john.brown@bargedesign.com. Partial sets of Bidding Documents will not be available directly from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents including Addenda, if any, obtained from sources other than the Issuing Office. No part of the purchase will be refunded.

Each Bid must be accompanied by a Bid Bond, prepared on the form of Bid Bond attached to the Contract Documents or a Surety Company's Standard Bid Bond, duly executed by the Bidder as principal and having as surety thereon a surety company licensed to do business in the State of

00 11 16 - 2 Advertisement for Bids

07/12/2024 37744-02

Georgia and listed as a certified company in the latest issue of U.S. Treasury Circular 570, in the amount of five percent of the Bid.

The Owner will make payments, within 45 days, in response to the Contractor's monthly Applications for Payment, which are accompanied by the Engineer's Certificate for Payment, for work performed to date plus cost of stored materials, less retainage. Payments, Applications for Payment, Certificates for Payment, and retainage shall be in accordance with the provisions of the Contract Documents.

Funding: Any contract or contracts awarded under this Invitation to Bid are expected to be funded in part by a Federal ARPA SLFRF grant administered by the State of Georgia. Neither the United States, State of Georgia nor any of its departments, agencies or employees is or will be a party to this Invitation to Bid or any resulting contract. This procurement will be subject to regulations contained in 2 CFR 200.317 through 2 CFR 200.327.

No bid may be withdrawn within 60 calendar days after the scheduled time for receipt of bids.

All bidders must be licensed and shall comply with all requirements of the State of Georgia Contractor's Licensing Act.

The Owner will in no way be liable for any costs incurred by any bidder in the preparation of its Bid in response to this Invitation to Bid.

The successful Bidder for this Contract will be required to furnish a satisfactory Performance Bond and Payment Bond each in the amount of 100 percent of the Bid.

The Owner reserves the right to reject all Bids, to waive informalities and to readvertise.

Joe Legge Walker County

Public Relations Director

Section 00 21 13 Instructions to Bidders

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. The issuing office for this Project is Barge Design Solutions, Inc., 1110 Market St., Suite 200, Chattanooga, TN 37402

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained from the Issuing Office, or its designated printing facility, as indicated in the Advertisement for Bids. There will be no refund of the purchase price of Bidding Documents.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 The minimum qualifications of a responsible Bidder includes the following requirements:

A. The Bidder shall maintain a permanent place of business. This requirement applies to the Bidder where the Bidder is a division of a corporation, or where the Bidder is 50 percent or more owned by a person, corporation or firm.

B. The Bidder is licensed by the State of Georgia to perform the work under this contract.

C. The Bidder shall demonstrate adequate construction experience and sufficient equipment resources to properly perform the work under and in conformance with the Contract Documents. This evaluation will be based upon a list of completed or active projects and a list of construction equipment available to the Bidder to perform the work.

The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may reasonably request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Project contemplated therein.

D. The Bidder shall demonstrate financial resources of sufficient strength to meet the obligations incident to the performance of the work covered by these Contract

00 21 13 - 2

07/12/2024 377440-02

Documents. The ability to obtain the required Performance and Payment Bonds will not alone demonstrate adequate financial capability.

E. The Bidder shall demonstrate that he is familiar with the work covered by these Contract Documents.

3.02 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with the Bid written evidence such as previous experience, present commitments, and such other data as may be called for below.

A. Completion of Statement of Bidder’s Qualifications, as included elsewhere in this Project Manual.

B. Bidder’s Georgia contractor license number and classification.

3.03 To demonstrate Bidder’s qualifications to perform the Work, within three days of Owner’s request, Bidder shall submit written evidence such as financial data and such other data as may be requested by Owner.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

3.05 A Bidder may be deemed as not responsible if:

A. Bidder fails to furnish adequate information for the Owner to determine if the Bidder is deemed to possess adequate construction experience and sufficient equipment resources or fails to provide such information in a timely manner.

B. Bidder fails to furnish information, evidence, and statements of the principal owner when the Bidder is owned 50 percent or more by another firm, corporation, or person.

C. Bidder is in arrears on any existing contracts, interested in any litigation against the Owner or has defaulted on a previous contract.

D. Bidder fails to have access to adequate equipment.

E. Bidder has uncompleted work which in the judgment of the Owner will hinder or prevent prompt completion of additional work, if awarded.

3.06 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, nor will the Bidder be exempted from any other legal recourse the Owner may elect to pursue.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

00 21 13 - 3

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition

00 21 13 - 4 upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data";

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work;

(2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

00 21 13 - 5

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A Pre-Bid Conference will be held if so indicated in the Advertisement for Bids. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed, delivered or otherwise issued to all parties recorded by Engineer as having received the Bidding Documents.

Questions received less than ten days prior to the date for opening of Bids may not be answered. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

7.03 Questions and other inquiries shall be submitted to the Issuing office, Attention: John Brown, john.brown@bargedesign.com

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price and in the form of a Bid bond (on the form attached or on a surety company’s standard bid bond form) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

00 21 13 - 6

8.02 If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within ten days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 Attorneys-in-Fact of other officers who sign bid bonds for a surety company must file with such bonds a certified copy of his power of attorney authorizing him to sign said bonds.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, 00 21 13 - 7

Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item and alternate item listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

00 21 13 - 8

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a bid on a lump sum basis, as indicated on the Bid schedule, for each item of Work listed in the Bid schedule.

14.02 Allowances

A. For cash allowances the various other Bid prices shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions.

14.03 Alternates

A. The Bidder shall submit a bid for each item shown in the alternate(s).

B. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each set of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, Bid Bond Form and the required documents listed below. The unbound copy of the Bid Form is to be completed and submitted with the Bid security along with the documents listed below. The Bidder shall submit one original of all documents in the envelope.

A. Statement of Bidders Qualifications

B. Non-Collusion Affidavit of Prime Bidder

C. Corporate Certificate

D. Georgia Security and Immigration Compliance Act Affidavits

E. Contractor's License Certification

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in a sealed envelope which shall also contain the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the place indicated in the Advertisement for Bids.

15.03 The name, license number, expiration date thereof, and license classification of the contractor applying to the bid for the prime contract;

00 21 13 - 9

15.04 In addition to the requirements of Article 15.02 above, the Bidder shall provide on the outside of the envelope containing the bid the Bidder’s name and “Bid for Adventure Acres Park Improvements”.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

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

16.03 A bid may be withdrawn after the time period stated in the Advertisement for Bids after the date of the opening of the bids, provided that the Bidder has not been notified within said time period that his bid has been accepted.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Advertisement for Bids, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, 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 not be 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 also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

00 21 13 - 10

19.04 A bid may be declared by the Owner to be non-responsive for, but not limited to, any of the following reasons:

A. Bid contains blanks, Proposal is not complete or required accompanying documents, certifications, and statements are not included.

B. Bid contains modifications or alterations of the Bid Form or other Contract Documents.

C. Bid is a qualified or conditional bid.

D. Bid contains unrealistic data, erroneous data, inaccurate data, or data that cannot be documented or substantiated.

19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.07 The Contracts will be awarded to the responsive, responsible Bidders submitting the lowest Bid complying with the conditions of the Contract Documents. Award will be made on the basis of the prices given in the Bid, including, or not including alternates, at the discretion of the Owner.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance.

When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner or Engineer issues a Notice of Award to the Successful Bidder, the Notice of Award will be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents, which are identified in the Agreement as attached thereto. Within ten days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

21.02 Upon failure of the Bidder to execute the required bonds or to sign the required contract within ten days after the contract is awarded, he will be considered to have abandoned his proposal and the Owner may annul the award. By reason of the uncertainty of market prices of materials and labor, and it being impracticable and extremely difficult to fix the

00 21 13 - 11 amount of damages to which the Owner would be put by reason of said Bidder's failure to execute said bonds and contract within ten days, the bid security accompanying the proposal shall be the agreed amount of damages which the Owner will suffer by reason of such failure on the part of the Bidder and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision.

ARTICLE 22 – DELETED

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – DELETED

ARTICLE 25 – DELETED

ARTICLE 26 – PERMITS, EASEMENTS AND RIGHTS-OF-WAY

26.01 All anticipated federal, state, or local permits required for the Project, which are the responsibility of the Owner, have been obtained, except as follows:

A. Georgia State Environmental Review Process (SERP), expected to be obtained prior to bid due date.

B. Local Land Disturbance Permit: Application submitted, expected to be obtained when Contractor pays fees after Notice to Proceed.

26.02. All rights-of-way and easements required for the Project, which are the responsibility of the Owner, have been obtained.

This document was prepared in part from material (EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts) which is copyrighted as indicated below:

Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE http://www.asce.org/ http://www.agc.org/

Section 00 41 00 Bid Form

ADVENTURE ACRES PARK IMPROVEMENTS

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Joe Legge Walker County Government 101 S Duke St.

Lafayette, Ga 30728

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for period of time after the Bid opening as stated in the Advertisement for Bids, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

00 41 00 - 2

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

J. Where this Bid Form contains the provision for a bid based on a lump sum price, the Bidder shall be responsible for having prepared its own estimate of the quantities necessary for the satisfactory completion of the Work specified in these Contract Documents and for having based the lump sum price bid on its estimate of quantities.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

00 41 00 - 3

07/12/2024 37744-02

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

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

* * * BASE BID * * *

Item No.

Description Unit Total Price

1.

Furnishing all products, materials and equipment and performing all labor necessary to complete and put into operation the Adventure Acres Park Improvements Project, including all work shown on the Drawings and/or specified, the total amount of:

Lump Sum $

BASE BID TOTAL, ITEM 1, INCLUSIVE, THE AMOUNT OF

DOLLARS ($ ).

* * * ALTERNATE NO. 1 * * *

ADD FOR CHAIN LINK FENCE AS SPECIFIED IN SECTION 32 31 13 AND AS SHOWN ON DRAWING

SHEETS C1.01 AND L7.01, THE AMOUNT OF

00 41 00 - 4

* * * ALTERNATE NO. 2 * * *

ADD FOR ENTRY SIGNAGE AND ENTRY SIGN PLANTING AS SHOWN ON DRAWING SHEETS L1.01,

L2.01 AND L7.02, THE AMOUNT OF

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Bid Bond

B. Non-Collusion Affidavit of Prime Bidder

C. Corporate Certificate

D. Georgia Security and Immigration Compliance Act Affidavits

E. Contractor's License Certification

F. Drug-Free Workplace Affidavit

G. Attestation Regarding Personnel Used in Contract Performance

H. Certification Regarding Debarment, Suspension and Other Responsibility Matters

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

00 41 00 - 5

07/12/2024 37744-02

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid submitted by:

An Individual

Name (typed or printed):

By: (SEAL) (Individual’s signature)

Doing business as:

Attest:

(Notary) Name (typed or printed):

A Partnership

Partnership Name: (SEAL)

By:

(Signature of general partner – attach evidence of authority to sign)

Name (typed or printed):

Attest:

(Signature of another Partner)

00 41 00 - 6

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature)

Title:

(CORPORATE SEAL)

Attest:

(Signature of Corporate Secretary)

A Joint Venture

Name of Joint Venturer:

First Joint Venturer Name: (SEAL)

(Signature of first joint venture partner)

Second Joint Venturer Name: (SEAL)

By:

(Signature of second joint venture partner)

Name (typed or printed):

Title:

(Each joint venturer must sign. The manner of signing for each individual partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

00 41 00 - 7

All Bidders shall complete the following:

Bidder’s Business address:

Phone: Facsimile:

Primary Contact:

Primary Contact E-mail:

Submitted on: , 20_____.

This document was prepared in part from material (EJCDC C-410 Suggested Bid Form for Construction Contracts) which is copyrighted as indicated below:

Section 00 45 19 Non-Collusion Affidavit of Prime Bidder

STATE OF COUNTY OF

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

He or she is

(Owner, Partner, Officer, Representative or Agent) of , the Bidder that has submitted the attached Bid;

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

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

Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Walker County Government or any person interested in the proposed Contract; and

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

BIDDER:

(name signed)

(name printed or typed)

Date:

Subscribed and sworn to me this day of , 20

NOTARY PUBLIC:

Commission Expires:

(SEAL)

GEORGIA DEPARTMENT OF COMMUNITY HEALTH (DCH)

DCH Immigration Compliance Affidavit Page 1 of 3

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contractor’s Name:

Contract No.:

CONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-10-

91, stating affirmatively that the Contractor identified above has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in

O.C.G.A. § 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the performance of services pursuant to this contract with the Georgia Department of

Community Health (hereinafter “DCH”), Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the attached Subcontractor Affidavit. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to DCH at the time the subcontractor(s) is retained to perform such service.

EEV / E-Verify

TM

Company Identification Number

BY: Signature of Authorized Officer or Agent Date of Contractor

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20__

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires:

*any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603

DCH Immigration Compliance Affidavit Page 2 of 3

ADDITIONAL INSTRUCTIONS TO CONTRACTOR: Please list below all subcontractors used to perform services under the DCH contract referenced above. In addition, you must attach a signed and notarized affidavit (third page of this form) from each of the subcontractors listed below.