2026_03_11 _ NBC WM _ Combined Addendum 2_Ful.pdf

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DOCUMENT 00 21 00

ADVERTISEMENT FOR BIDS

LEGAL NOTICE

BRYAN COUNTY BOARD OF COMMISSIONERS

66 CAPTAIN MATTHEW FREEMAN DRIVE

SUITE 201

RICHMOND HILL, GA 31324

Request for Proposal

RFP #27691.0082

NORTH BRYAN COUNTY WATER MAIN EXTENSION

Issue Date: February 19, 2026

1. The Bryan County Board of Commissioners is seeking Sealed proposals for the construction of approximately 14,350 LF of a new 30-inch water main along I-16 in Bryan County, Georgia.

2. Sealed Proposals will be accepted at the Commission Meeting Room on the 2nd floor of the Bryan County Administration Building, located at 66 Captain Matthew Freeman Drive, Richmond Hill, GA 31324 until 2:30 PM, March 26th, 2026, at which time they will be opened publicly.

For the Bid Submittal Instructions see RFP documents and Contract Documents Section 00

21 13 “Instruction for Bidders”.

3. The scope of the project shall consist of the following generally described work:

NORTH BRYAN COUNTY WATER MAIN EXTENSION:

The scope of work includes installation of approximately 14,350 LF of 30-inch water main along I-16 in Bryan County, Georgia. The work shall include horizontal directional drills

(HDD), jack and bore, butterfly valves, air release valves, fire hydrants, and all other appurtenances necessary to complete the project.

4. Plans and Specifications are to be obtained from Thomas & Hutton Engineering Co., (Issuing Office) at 50 Park of Commerce Way, Savannah, Georgia 31405 upon payment of

$350.00 (plus shipping charges as applicable). The payment is nonrefundable. Contact

Karen Smulski via email, smulski.k@tandh.com, to request plans and specifications. Only

Bidders who obtain documents from Thomas & Hutton (the Issuing Office) shall be placed on the plan holder list and allowed to submit bids.

5. Bids shall be accompanied by a bid bond or certified cashier's check in an amount not less than 5% of the base bid. All bonds shall be by a surety company licensed in Georgia with an "A" minimum rating of performance and a financial strength of at least five (5) times the contract price as listed in the most current publication of "Best's Key Rating Guide

Property Liability.” Performance and Payment Bonds, each in an amount equal to 100% of the contract price, shall be required of the successful bidder if contract is awarded.

mailto:smulski.k@tandh.com

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Each Bond shall be accompanied by a "Power of Attorney" authorizing the attorney–in– fact to bind the surety and certified to include the date of the bond.

6. Evaluation of Bids:

The Bryan County Board of Commissioners reserves the right to cancel this solicitation and/or reject any and all proposals in whole or in part if Bryan County determines that cancellation and/or rejections are advantageous to the County. Proposals are legal and binding upon the Respondent when submitted. It will also be the responsibility of each

Bidder to obtain any addenda issued for the project. The written documents supersede any verbal or written prior communications between the parties.

The Contract Documents may be examined at the following locations:

Bryan County Board of Commissioners

66 Captain Matthew Freeman Drive

Richmond Hill, GA 31324

Dodge Plan Room / Clayton Digital Reprographics

1000 Eisenhower Drive, Suite 1

Savannah, GA 31406 www.construction.com/projectcenter

7. A Pre–Bid Meeting will be held on Tuesday, March 10th, 2026, at 11:00 AM in the 2nd floor

Commission Meeting Room at 66 Captain Matthew Freeman Drive, Richmond Hill, Georgia

31324. Following the Pre-Bid Conference will be a visit to the Project Site. The Pre–Bid

Conference is not mandatory for the potential Bidders. All prospective bidders are encouraged to attend. The last day to submit questions in writing shall be Tuesday, March

17th, 2026, at 5:00 P.M.

8. This project is federally, and state funded through the Water and Sewer Infrastructure, State

Fiscal Recovery Funds (SFRF) program under the American Rescue Plan Act of 2021 (ARPA).

The Project is eligible through the Drinking Water State Revolving Fund (DWSRF) and will be required to comply with the Clean Water Act and applicable state and local laws.

9. Procedures for the selection of the Bidder will be in accordance with the RFP package and local procurement requirements as well as the requirements of the Procurement

Standards in the Title 2 C.F.R 200.317 through 200.327, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and applicable subparts and within the grant managements system administered by the Governor’s Office of Planning and Budget (OPB), Georgia Grants.

10. Bidder must comply with the President’s Executive Order Nos. 11246 and 11375, which prohibits discrimination in employment regarding race, creed, color, sex, or national origin.

Bidder must also comply with Executive Order No. 13988 that states all person should receive equal treatment under the law regardless of their gender identity or sexual orientation.

11. Bidder must comply with Title VI of the Civil Rights Act of 1964, the Davis–Bacon Act, the

Anti–Kickback Act, and the Contract Work Hours Standard Act.

12. Bidder must comply with procurement of recovered materials pursuant to 2 C.F.R.

https://protect.checkpoint.com/v2/r01/___http:/www.construction.com/projectcenter___.YXAzOmJyeWFuY291bnR5MTpjOm86ZjkxZDZiNDdmMTcxNjcwMWM4NTIyMDAyMDNlZDNkYjY6Nzo3Nzk3OjYxNGE4MTk3NWQ3OWJhOWE3N2I0Y2RmMmQ5OTZmMzA3MDg4MDlhZWE1ZDJmZDBhY2Y0Njc1YWNhMDVkZGFlYzE6cDpUOkY

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§200.323, which requires contractors to comply with section 6002 of the Solid Waste

Disposal Act, as amended by the Resource Conservation and Recovery Act.

13. The successful low, responsive, responsible bidder must provide to the Owner written oath in accordance with O.C.G.A §36–91–21(e), certifying that the Contractor has not acted alone or otherwise to prevent or attempt to prevent competition in bidding or proposal for said project by any means whatsoever. Furthermore, the oath shall certify that the

Contractor during this process of procuring said work has not prevented or endeavored to prevent anyone from making a bid or proposal by any means whatsoever, nor caused or induced another to withdraw a bid or proposal for the work.

14. Build America, Buy America Act: Bidders are hereby notified that all iron and steel, manufactured products, and construction materials used in the project are required to be produced in the United States, including iron and steel, manufactured products, and construction materials provided by the Contractor pursuant to this Contract. All requirements of the “Build America, Buy America” (BABA) Act are applicable to all portions of this Project.

15. The American Iron and Steel (AIS) provision applies to the proposed Project. The successful

Bidder shall use iron and steel products that are produced in the United States.

16. U.S. Fish and Wildlife Considerations: Bidders are hereby notified that special provisions shall be necessary for Eastern Indigo Snake, Southern Hognose Snake, Monarch Butterfly, and

Tricolored Bat encounters. These provisions are outlined in Section 01 11 00 – Summary of

Work.

17. The Contractor, or any subcontractor, submitting a bid for utility contracting, as defined in

O.C.G.A. Section 43–14–2 to a utility system as defined in said section, shall conform to

O.C.G.A. Section 43–14–8.2 et seq. with reference to Utility Contractor’s Licenses and shall submit the bid with the license numbers, as issued by the Division of Utility Contractors, affixed on the outside of the bid envelope as provided by O.C.G.A. Section 43–14–8.2(h).

Utility contracting means a proposal to perform utility work, the depth which exceeds five

(5) feet, to a utility system as defined in O.C.G.A. Section 43–14– 2(17).

A Utility Contractor (UC) License will be required for this project.

BRYAN COUNTY BOARD OF COMMISSIONERS, GEORGIA

END OF INVITATION TO BID

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DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 DEFINED TERMS

A. Terms used in these Instructions to Bidders which are defined in the Standard

General Conditions (EJCDC C–700, 2018) of the Construction Contract have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1. Bidder: One who submits a Bid directly to Owner as distinct from a sub– bidder, who submits a bid to a Bidder.

2. Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

3. Successful Bidder: The responsive, responsible Bidder to whom the Owner

(based on Owner’s evaluation as herein provided) makes an award.

4. Bid: A complete and properly executed package as described herein, whereby Bidder offers to execute work for the prices stipulated in Bid Form and submitted in accordance with the Bidding Documents.

5. Addenda: Graphic or written documents issued by Engineer prior to the opening of Bids issued to clarify, revise, add to, or delete information in the original bidding documents or in previous addenda.

1.2 COPIES OF BIDDING DOCUMENTS

A. Complete sets of the Bidding Documents may be obtained from the Office of the

Engineer, Thomas & Hutton Engineering Co. (Issuing Office). Bidding Documents are open for inspection to prospective bidders at the locations listed in

Advertisement to Bid Specification Section 00 21 00 for the purpose of review in order to determine if the prospective bidders wish to obtain Bidding Documents.

B. Complete sets of Bidding Documents must be used in preparing Bids; neither

Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, whether obtained from the Owner, Engineer/ Issuing Office, or other sources.

C. 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 confer a license or grant for any other use.

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1.3 PROPOSAL/BID

A. The Bidder shall provide executed Section 00 45 13 – “Statement of Bidder’s

Qualifications” with bidding documents to verify the bidders background, references, financial stability, and prove qualifications to perform work and successfully complete the project.

B. Each bid must contain evidence of Contractor’s authority to conduct business in the State where the work is to be performed. State Contractor’s License Number, and Utility Contractor License is required for this project.

C. Bidders agree to provide pricing for all Bid Items listed in the “Bid Form” as part of the overall Contract.

1.4 EXAMINATION OF CONTRACT DOCUMENTS

A. It is the responsibility of each Bidder before submitting a Bid:

1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents including "technical data" referred to below;

2. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

3. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and

4. To promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract

Documents and such other related documents.

B. Reference is made to the Supplementary Conditions (EJCDC C–800) for identification of:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions, or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions, or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction.

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3. Copies of such reports and drawings will be made available for review 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 "Subsurface and

Physical Conditions" of the General Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information.

C. Information and data shown or indicated in the Contract 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 or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

D. 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 Contract

Documents due to differing or unanticipated conditions appear in Paragraphs

"Subsurface and Physical Conditions", "Differing Subsurface or Physical Conditions" and "Underground Facilities" of the General Conditions.

E. Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract

Documents.

F. On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies.

G. Reference is made to the Supplementary Conditions for the identification of the general nature of 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 for which a Bid is to be submitted. 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 work.

H. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Paragraph "EXAMINATION

OF CONTRACT DOCUMENTS", that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the

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Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract

Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

I. The provisions of Paragraph "EXAMINATION OF CONTRACT DOCUMENTS AND SITE"

Subparagraphs a through h, of these Instructions to Bidders, inclusive, do not apply to Hazardous Environmental Conditions covered by Paragraph "Hazardous

Environmental Condition at Site" of the General Conditions.

1.5. PRE–BID CONFERENCE:

A. A Pre–Bid Meeting will be held on Tuesday, March 10th, 2026, at 11:00 A.M. in the

2nd floor Commission Meeting Room at 66 Captain Matthew Freeman Drive, Richmond Hill, Georgia 31324. Following the Pre-Bid Conference will be a visit to the Project Site. The Pre–Bid Conference and Site Visit are not mandatory for the potential Proposers.

All prospective bidders are encouraged to attend.

B. Deadline for Questions: All questions and requests for clarification must be received in writing no later than Tuesday, March 17th, 2026, at 5:00 P.M. All questions about the meaning and intent of the bid documents must be submitted to the Engineer, Colleen Brophy with Thomas & Hutton, at 50 Park of Commerce

Way, Savannah, GA 31405 or brophy.c@tandh.com.

1.6 AVAILABILITY OF LANDS FOR WORK, ETC.

A. The lands upon which the Work is to be performed, rights–of–way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. The Contractor shall provide at his own expense and without liability to the Owner additional land and access thereto that may be required for temporary construction facilities or for the storage of materials. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents.

1.7 INTERPRETATIONS AND ADDENDA

A. All questions about the meaning or intent of the RFP and Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Issuing Officer as having received the Bidding

Documents. Questions received following the Deadline for Questions date, Tuesday, March 17th, 2026, at 5:00 P.M., may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

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C. Failure of any Bidder to receive any such addendum or interpretations shall not relieve such bidder from any obligations under his Bid as submitted.

D. Failure of any Bidder to acknowledge any such addendum or interpretations shall not relieve such Bidder from any obligation under his Bid as submitted, if Bidder has knowledge of any such addendum, or interpretations. If Bidder has knowledge of any such addendum or interpretation but fails to acknowledge, this will be considered a formality.

1.8 BID SECURITY

A. Each Bid must be accompanied by a Bid Bond on the form attached with good and sufficient surety or sureties approved by the Owner and meeting the requirements of Paragraph "Performance, Payment, and Other Bonds" of the

General Conditions, for faithful acceptance of the contract, payable to, in favor of, and for the protection of the OWNER in an amount equivalent to five percent

(5%) of the total amount payable by the terms of the contract, in lieu thereof, in the form of a certified check, cashier's check, or cash in equal amount with an “A” minimum rating of performance and a financial strength of a least five times the contract price as listed in the most current publication of “Best’s Key Rating Guide

Property Liability.” Bidders who submit Bid Security in the form of a certified check, cashier's check, or cash are bound by the "Terms of Bid Bond" as if submitted on the attached "Bid Bond" form.

B. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and Certifications of

Insurance as set in Contract Documents Section C–700 EJCDC Standard General

Condition Conditions of the Construction Contract, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the

Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within ten days after the Notice of Award, Owner may annul the Notice of Award and Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening whereupon Bid security furnished by such Bidders will be returned. Bid security with

Bids which are not competitive will be returned within seven days after the Bid opening, if requested by the Respective Bidder.

1.9 CONTRACT TIMES

A. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment are set forth in the Agreement and incorporated therein by reference in the attached Bid

Form.

1.10 LIQUIDATED DAMAGES

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

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1.11 SUBSTITUTE AND "OR–EQUAL" ITEMS

A. 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 ten (10) days prior to the date for receipt of Bids. Each such request shall conform to requirements of paragraphs 7.05 and 7.06 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.

1.12 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, 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 and other persons and organizations 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, person or organization if requested by Owner. An Owner or Engineer who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, that Bidder's price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the contract award.

B. 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, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make 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 "Concerning Subcontractors, Suppliers, and

Others" of the General Conditions.

C. For Federally Funded Projects, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs and the

Contract Compliance/ County Engineering Director, Mr. Kirk Croasmun, PE, within

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Revised Per Addendum #2 ten (10) working days of awards of any construction subcontract in excess of

$10,000 at any time for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract, and the geographical area in which the contract is to be performed.

1.13 BID FORM

A. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the issuing Office.

B. All blanks on the Bid Form must be completed by printing in ink or by typewriter.

C. Bids by corporations must be executed in the corporate name by the president or a vice–president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

D. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

E. All names must be typed or printed in ink below the signature.

F. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

G. The address and telephone number for communications regarding the Bid must be shown.

H. Evidence of authority to conduct business as an out–of–state corporation in the state where the Work is to be performed shall be provided in accordance with

Specification Section 00 45 13 “Statement of Bidder’s Qualifications”. State contractor license and utility license number must also be shown.

I. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Any bid which is not properly prepared and accompanied by required certifications and affidavits may be rejected by the Owner.

J. The Contractor acknowledges to and for the benefit of the Bryan County Board of

Commissioners (“Owner”) and the Georgia Environmental Finance Authority

(GEFA) (the “Funding Authority”) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America

Requirements”) including iron and steel, manufactured products, and construction

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Revised Per Addendum #2 materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding

Authority (a) the Contractor has reviewed and understands the Build America, Buy

America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America

Requirements, unless a waiver of the requirements is approved, and (c) the

Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the

Owner or the Funding Authority. Notwithstanding any other provision of this

Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the

Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure

(including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the Contractor has no direct contractual privity with the Funding

Authority, as a lender or awardee to the Owner for the funding of its project, the

Owner and the Contractor agree that the Funding Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.

1.14 SUBMISSION OF BID: Bids shall be submitted in two (2) sealed envelopes.

A. Bids shall be submitted at the time and place indicated in the Advertisement or

Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, state contractor license number (if applicable), state utility contractor license number (if applicable), and accompanied by the Bid security, entire bidding documents, except drawings, and other required documents.

One envelope shall contain the Georgia Environmental Finance Authority for

Federally Assisted Revolving Fund (SRF) Construction Contracts Provisions documentation and shall be clearly marked with the name and address of bidder, bidder’s phone number and email address, contractor license number(s), and

“Georgia Environmental Finance Authority for Federally Assisted Revolving Fund

Construction Contract Provisions.”

The second sealed envelope shall contain all other bid requirements, including the

Bid Form and Bid Security, and shall be clearly marked with the name and address of bidder, and contractor license number(s) and “BID PROPOSAL.”

Bids shall be submitted at the time and place indicated in the Advertisement for

Bids and shall be enclosed in a sealed opaque envelope. If the Bid is sent through the mail or other delivery system, the sealed envelopes shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Contractor license and Utility Contractor License number(s) shall be written on the face of the bid envelope.

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Each Bidder is responsible for seeing that his Bid is received by the Owner not later than the advertised time set for the opening of Bids.

1.15 MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn by an appropriate document duly executed

(in the manner that Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the receiving time.

B. If, within twenty–four hours after bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the responsible satisfaction of Owner there was a material and substantial mistake in the preparation of its bid, bidder may withdraw its bid and the bid security will be returned. Thereafter, Bidder will be disqualified from further bidding on the work to be provided.

1.16 OPENING OF BIDS

A. At the appointed time and date of the Bid Opening, the Owner will first open and examine the Georgia Environmental Finance Authority for Federally Assisted

Revolving Fund (SRF) Construction Contract Provisions documentation for each Bid submitted for general conformance to the contract conditions. SRF Construction

Contract Provisions documentation must include, at a minimum, the six (6) contract items as outlined in Section 00 90 00. Bid packages associated with those SRF

Construction Contract Documents found to be in general compliance to the contract conditions set forth will be opened and read aloud.

Following the bid opening, the SRF Construction Contract Provisions documentation will be further evaluated for conformance to the contract conditions. 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 waive all minor Bid informalities not involving price, time, or changes in Work. Bidders deemed to have not met the requirements of the

Georgia Environmental Finance Authority for Federally Assisted Revolving Fund

Construction Contracts Provisions shall be notified by email forty–eight hours prior to publishing the final Abstract of Bid, that their documentation failed to meet the

GEFA SRF Contract Provision and is therefore deemed non–responsive. Should the

Bidder believe that this determination is in error he shall appeal the ruling in writing to the County Manager’s office. The documentation shall then be reviewed by the

County Manager, or his designee and a final determination made. No appeals shall be considered after the date and time specified for the public release of the final Abstract of Bids.

1.17 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

A. All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but Owner may, in its sole discretion, release the Bid and return the Bid security prior to that date.

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1.18 AWARD OF CONTRACT

A. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to 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, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

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.

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

B. In evaluating Bids, Owner will consider the qualifications of Bidders, 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. Conditional Bids will not be accepted.

C. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the

Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions.

Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

D. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract

Documents to Owner's satisfaction within the prescribed time.

E. Bidders are required to furnish prices for Base Bid and Alternative Bid Items. The

Owner reserves the right to reduce the project scope and Work associated with any of the divisions and/ or alternatives of work by awarding any or a portion of

Divisions and /or alternatives of work in order to reduce the contract amount to the available budget.

F. If the contract is to be awarded, it will be awarded to a Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the

Project. No portion of the project will be awarded to separate bidders.

G. If the contract is to be awarded, Owner will give Successful Bidder a Notice of

Award within sixty (60) days after the day of the Bid opening.

The Owner will also consider whether the Bidder involved:

• Maintains a permanent place of business;

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• Has adequate plant and equipment to do the work properly and expeditiously;

• Has suitable financially status to meet obligations incidental to the work;

• Has appropriate technical experience.

1.19 MODIFICATIONS OF QUANTITIES

A. If the lowest bona fide bid exceeds the money available for the work, the Owner reserves the right to delete enough of the work to bring the cost within the available funds. The Owner also reserves the right to delete whichever items or portion of items considered to be in the best interest of the owner.

1.20 CONTRACT SECURITY

A. The General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds on the forms included in the Contract

Documents.

1.21 SIGNING OF AGREEMENT

A. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds and

Certification of Insurance. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings and applicable documents with appropriate identification.

1.22 LAWS AND REGULATIONS

A. All applicable federal and state laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

The Contractor shall comply with the Department of Labor Safety and Health

Regulations for construction promulgated under the Occupational Safety and

Health Act of 1970 as amended (PL91 – 96) and under Section 107 of the Contract

Work and Safety Standards Act (PL 91–54). The regulations are administered by the

Department of Labor and the Contractor shall allow access to the project to personnel form this Department.

B. A review performed by the U.S. Fish and Wildlife Service, Georgia Ecological

Services division determined that special considerations need be taken into account regarding the Eastern Indigo Snake, Southern Hognose Snake, the

Monarch Butterfly, and the Tricolored Bat. The Contractor shall be subject to following all guidelines regarding these species. Guidelines are identified in the

Summary of Work of these specifications.

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1.23 CONTRACTOR’S AND SUB–CONTRACTORS INSURANCE

A. Contractor shall not commence work under this contract until obtaining all the insurance required by Supplementary Conditions.

1.24 TERMINATION OF CONTRACT

A. If the Owner is made to stop construction of the work because of an order from a

Court or State Department, the contract shall be terminated. Payment will be made for the work completed and a proration of the work under way, materials stored, and for the overhead and profit of the completed work and work underway. Payment will not be made for anticipated profit and overhead on work not completed or underway.

PART 2 PRODUCTS

Not Applicable

PART 3 EXECUTION

Not Applicable

END OF SECTION