24765_0010 Addendum _1 with attachments.pdf

Z:\24765\24765.0010\Documents\Construction\Bid\Addenda\Addendum #1\24765.0010 Addendum #1 R1.doc

TRADEPORT WEST WAY– ROAD IMPROVEMENTS

PREPARED FOR:

LIBERTY COUNTY DEVELOPMENT AUTHORITY

T&H PROJECT NO.

J–24765.0010

ADDENDUM NO. 1 April 23, 2026

GENERAL

This Addendum has been issued on behalf of Liberty County Development Authority. The following information should be considered by prospective bidders in preparation of their proposals and is hereby incorporated into the Proposal Documents. Bidders shall be responsible for acknowledging receipt of this addendum in the Proposal Form, Document 00313. Failure to do so will result in the proposal being considered non–responsive.

Questions and requests for information must be submitted no later than 5:00 PM, Friday, May 1, 2026.

PART I – QUESTIONS AND CLARIFICATIONS:

A. QUESTIONS:

1. Are there any specific DBE requirements/goals on this project?

Response: Please refer to Section 00900 within the Contract Documents titled

“Minority/Women Business Enterprise Policy”

2. Will the site be opened for a site visit?

Response: The site will be opened and available for inspection on Thursday, April

30, 2026 from 10:00am–2:00pm.

3. Are CAD files available?

Response: CAD files are available to paid plan holders. Please email smulski.k@tandh.com to request to CAD files. Requestor must submit an electronic file release before CAD files are provided.

4. Article 12 of the ‘Instructions to Offerors’ states that ‘One (1) original and seven

(7) copies of the Proposal shall be submitted…’. Will you really require 7 copies of the original bid to be submitted?

Response: Yes, seven copies shall be submitted

5. Can we get a copy of the pre–bid meeting sign–in sheet?

Response: Attached and incorporated herein are the sign in sheet and pre– proposal meeting agenda.

mailto:smulski.k@tandh.com

Liberty County Development Authority

Tradeport West Way– Road Improvements

Addendum #1

April 23, 2026

Z:\26608\26608.0005\Documents\Construction\Bid\Addenda\Addendum 1\Word Doc\26608.0005 Menelaus Drive – Addendum #1.doc Revised per Addendum #1

PART II – CONTRACT DOCUMENTS:

The Proposal Documents shall be changed in the following respects:

DOCUMENT 00110 – INSTRUCTIONS TO OFFERORS

1. Section 00110 – Instructions to Offerors

Article 15 has been revised.

2. Delete and replace with the attached Section 00110 – Instructions to Offerors.

DOCUMENT 00506 – STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

1. Section 00506 has been revised.

3.2 Amount payable due to Liquidated Damages is increased to $1,000.00

2. Delete and replace with the attached Section 00506 – Standard Form of Agreement

Between Owner and Contractor.

All other aspects of the project remain unchanged.

THOMAS & HUTTON

Felipe I. Toledo, PE

Principal / Project Manager

End of ADDENDUM NO. 1

PRE-PROPOSAL MEETING AGENDA

PROJECT: Liberty County Development Authority

Tradeport West Way Road Improvements

DATE: April 20, 2026 at 3:00pm

LOCATION: Liberty County Development Authority

425 W. Oglethorpe Highway, Hinesville, GA

Project: Tradeport West – North Road

1. Introductions – The LCDA staff and TH representatives state their names and roles on the project.

• LCDA

• T&H

2. Complete Sign–In Sheet

3. Construction Delivery Method: The LCDA will award to the successful offeror a contract

(the “Contract”) to construct the Project in accordance with the RFP and the Plans and

Specifications to be made available by the LCDA, as modified pursuant to any negotiations authorized by the LCDA and the RFP. The LCDA shall have the right to reject any or all proposals and to waive technicalities and formalities.

4. Award Method: Sealed Proposals

5. Project Location: Tradeport West Business Park, Liberty County, Georgia

6. Funding

Project is state funded through the OneGA Rural Grant state funds.

7. Anticipated Schedule: The LCDA desires that the Project be completed by December 15, 2026 to comply with Grant funding requirements.

8. Description of Requested Services:

Erosion control, clearing, earthwork, water and sewer extensions, and all other appurtenant items indicated on the plans and in the contract for construction of approximately 6,690 linear feet of new roadway to serve the Tradeport West Business Park.

• LANE CLOSURES ONLY SHOULD BE BETWEEN 7:00 P.M. - 5:00 A.M per GDOT.

Meeting Agenda

April 20, 2026

9. Permitting:

A permit will be needed from GDOT. LCDA working to obtain this permit by the time proposals are in hand.

10. Deadline for Questions: All questions and requests for clarification must be received in writing no later than 5:00 p.m. on Friday, May 1, 2026. All questions about the meaning and intent of the bid documents must be submitted to Lauren Davenport with Thomas &

Hutton, at 50 Park of Commerce Way, Savannah, GA 31405 or davenport.l@tandh.com.

11. INTERPRETATIONS AND ADDENDA:

a. All questions about the meaning or intent of the Proposal Documents are to be directed to Engineer. The person submitting the request shall do so in writing and be responsible for its prompt delivery. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or otherwise delivered (e.g.

electronic mail, facsimile, etc.) to all parties recorded by Engineer as having received the Proposal Documents. Questions received less than

10 days (Friday, May 1, 2026) prior to the date for opening of Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Owner will not be responsible for any oral instructions and oral or other interpretations or clarifications not issued in writing as specified herein will be without legal effect.

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

12. Basis for Award: The LCDA will evaluate proposals from “responsive” and “responsible” offerors (as defined by the Act) using certain evaluation factors designed to identify the most advantageous proposal as determined by the LCDA, all as more particularly described in the RFP.

13. Minority Participation: The LCDA desires to promote equal employment opportunities for minority and women–owned small businesses in its construction activities. In this connection, all offerors shall be required to establish and include in their proposals minority and women–owned small business goals, and to use their best efforts to meet these goals when undertaking the Project, all as set forth in the RFP.

14. Proposal Process: Proposals must be in a sealed envelope addressed to the LCDA and physically received by it at its offices located at 425 W. Oglethorpe Hwy., Hinesville, Liberty

County, Georgia 31313, no later than Monday, May 11, 2026 at 2:00 pm at which time the proposals submitted shall be received. All sealed proposals shall be submitted on forms provided by the LCDA or as otherwise indicated in the RFP, and shall be evaluated and otherwise governed by the terms and provisions contained in the RFP. Copies of such documents are available upon request from the LCDA. When obtaining the RFP, the offeror must provide its name, address, facsimile number, and email address to which any

Addenda to the RFP can be sent. Offerors will be required to honor their proposals for a period ending 60 days after the LCDA opens the proposals; provided, however, that if an offeror is not selected within 60 days of opening the proposals, any offeror that is determined by the LCDA to be unlikely of being selected for Contract award shall be

Meeting Agenda

April 20, 2026 released from its proposal. However, it is expected that an award will be made no later than sixty (60) days following opening of the sealed proposals unless the LCDA elects to reject all proposals.

15. Proposal Bond: Each offeror must include with its proposal a proposal bond complying with the Act, in form prescribed by the RFP, in an amount equal to at least ten (10%) percent of the total contract price indicated in the proposal to be submitted. The proposal bond must be issued 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." In lieu of the aforesaid proposal bond, the LCDA will accept a cashier’s check, certified check or cash in said amount, payable to and for the protection of the LCDA. Any proposal submitted without said proposal bond or an approved alternate security shall be ineligible for consideration and shall be returned to offeror.

16. Modification: Subject to O.C.G.A. §36–91–20(d) and other provisions of the Act, the

Authority reserves the right to issue addenda to and otherwise modify the RFP at such time(s) and in such manner as it deems appropriate.

17. Project Discussion and Questions

00110–1

Revised per Addendum #1 dated April 23, 2026

DOCUMENT 00110

INSTRUCTIONS TO OFFERORS

REVISED PER ADDENDUM #1

PROJECT IDENTIFICATION: Tradeport West Way

Road Improvements

CONTRACT IDENTIFICATION

AND NUMBER: 2026–01–R

THIS PROPOSAL IS SUBMITTED TO: Liberty County Development Authority

INTENTION: It is intended that the Instructions to Offerors, General Conditions, Supplementary

Conditions, Technical Specifications and Construction Drawings shall cover the complete work to which they relate.

ARTICLE 1 DEFINED TERMS: In addition to the terms defined in the General Conditions, (EJCDC C–700) (2007), additional terms used in these Instructions to Offerors have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1. Offeror – One who submits a Proposal directly to Owner as distinct from a sub–offeror of sub–bidder, who submits a proposal to a Offeror.

1.2. Successful Offeror – The responsible and responsive Offeror whose proposal the Owner determines to be most advantageous to Owner (on the basis of Owner's evaluation as hereinafter provided) and to whom

Owner makes an award.

1.3. Proposal – A complete and properly signed offer to execute work for the prices stipulated in Proposal Form and submitted in accordance with the

Proposal Documents.

1.4. Addenda – Graphic or written documents issued by Engineer prior to the opening of Proposals issued to clarify, revise, add to, or delete information in the original proposal documents or in previous addenda.

1.5. Contract – The agreement(s) to be entered into between the Owner and

Successful Offeror pursuant to this RFP and the Proposal, which shall be in such form and contain such terms as specified by Owner. A draft version of the principal agreement proposed to be entered into is made a part of this RFP; provided, however, that all Offerors are notified that said agreement is subject to revision and restatement by Owner at its discretion.

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1.6. Project – That certain project defined in the public notice made a part of this RFP.

1.7. Work – all labor, services, and work of whatever kind and required to be performed under the Contract by the Successful Offeror in connection with the Project.

1.8. Engineer – Thomas & Hutton, located at 50 Park of Commerce Way, Savannah, GA 31405.

ARTICLE 2 PROPOSAL FORM: All Proposals must be made upon the Proposal Forms hereto annexed and shall state the amount proposed for each item shown, and all proposals must be for materials and work called for in the specifications. Deposits for plans and specifications are not refundable.

2.1 The Proposal Form is included with the Proposal Documents; additional copies may be obtained from Engineer of Owner.

2.2 All blanks on the Proposal Form must be completed by printing in black ink or by typewriter.

2.3 A proposal submitted by a partnership shall list the names of all partners and shall be signed in the partnership name by one of the authorized members of the partnership. If there is no partner who is a Georgia resident, the name and address of an entity designated to receive service of process for the partnership in Georgia must be provided.

2.4 A proposal submitted by a corporation, limited liability company, or other legal entity not a partnership shall be signed under the legal name of the entity by the officer, manager, or other person(s) duly authorize to bind said entity. The name of each person signing the proposal shall be typed or printed below the signature. If not a Georgia corporation, there must also be evidence that the corporation is authorized to transact business in

Georgia.

2.5 A proposal from an individual who is not a Georgia resident shall provide the name and address of an entity in Georgia with the authority to accept service of process for the individual.

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

2.7 The Proposal shall contain an acknowledgment of receipt of all Addenda

(the numbers of which must be filled in on the Proposal Form.)

2.8 The address, email address, facsimile and telephone number for communications regarding the Proposal must be shown.

ARTICLE 3 INTENTIONALLY DELETED

ARTICLE 4 COPIES OF PROPOSAL DOCUMENTS:

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4.1 Complete sets of Proposal Documents must be used in preparing

Proposals; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal

Documents.

4.2 Owner and Engineer in making copies of Proposal Documents available for a non–refundable deposit do so only for the purpose of obtaining

Proposals for the Work and do not confer a license or grant for any other use.

ARTICLE 5 EXAMINATION OF PROPOSAL DOCUMENTS, OTHER DATA, AND SITE:

5.1 It is the responsibility of each Offeror before submitting a proposal:

5.1.1 to examine and study thoroughly the Proposal Documents and other related data identified in the Proposal Documents;

5.1.2 to visit the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site including existing surface and subsurface conditions in the work area; availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, etc.

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

5.1.4 to obtain and carefully study (or assume responsibility for doing so) all addition or supplementary examination investigations, explorations, tests, studies, and data concerning conditions

(surface, subsurface, an Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance or the

Work or which relate any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Offeror, including any specific means, methods, techniques, sequences, and procedures of construction expressly required of the proposal documents, and safety precautions and programs incident thereto;

5.1.5 to study and carefully correlate Offeror's knowledge and observations with the Proposal Documents and such other related data; and

5.1.6 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Offeror has discovered in or between the

Proposal Documents and such other related documents;

5.1.7 to agree at the time of submitting its Proposal that no further examinations, investigations, explorations, tests, studies or data are necessary for the determination of its Proposal for performance of the Work at the price proposal and within the times and in

00110–4 accordance with the other terms and conditions of the Proposal

Documents;

5.1.8 to 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 Proposal Documents;

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

5.2 The Owner shall make available to all prospective offerors, previous to receipt of proposals, information that it may have as to sub–soil conditions and surface topography at the work site. Such information shall be given as the best factual information available without being considered as a representation of the Owner.

5.3 The submission of a Proposal will constitute an incontrovertible representation by

Offeror that Offeror has complied with every requirement of this Article 5, that without exception, the Proposal is premised upon performing and furnishing the

Work required by the Proposal Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Proposal Documents, that Offeror has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Offeror has discovered in the Proposal Documents and the written resolutions thereof by ENGINEER are acceptable to Offeror, and that the

Proposal Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 PRE–PROPOSAL CONFERENCE: Pre–Proposal Conference will be held 3:00pm on

Monday April 20, 2026 at the offices of the Liberty County Development Authority, 425 West Oglethorpe Highway, Hinesville, Georgia, in the Board Room or such other office designated by Owner. Representatives of OWNER and ENGINEER will be present to discuss the Project. ENGINEER will transmit to all prospective Offerors of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Failure to attend the pre–proposal conference may, at the discretion of the Owner, be cause for rejection of the proposal.

ARTICLE 7 INTERPRETATIONS AND ADDENDA:

7.1 All questions about the meaning or intent of the Proposal Documents are to be directed to Engineer. The person submitting the request shall do so in writing and be responsible for its prompt delivery. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or otherwise delivered (e.g.

electronic mail, facsimile, etc.) to all parties recorded by Engineer as having received the Proposal Documents. Questions received less than

10 days prior to the date for opening of Proposals may not be answered.

Only questions answered by formal written Addenda will be binding.

Owner will not be responsible for any oral instructions and oral or other

00110–5 interpretations or clarifications not issued in writing as specified herein will be without legal effect.

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

ARTICLE 8 PROPOSAL SECURITY:

8.1 Each Proposal must be accompanied by Proposal security made payable to Owner in an amount of ten percent (10%) of Offeror's maximum

Proposal price and in the form of a certified or bank check or a Proposal

Bond (on form attached, if a form is prescribed) issued 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."

8.2 The Proposal security of Successful Offeror will be retained until such

Offeror has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Proposal security will be returned. If the Successful Offeror fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Proposal security of that Offeror will be forfeited. The Proposal security of other Offerors 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 sixty–first day after the Proposal opening, whereupon

Proposal security furnished by such offerors will be returned. Proposal security with Proposals which are deemed unlikely of being selected for award will be returned within seven days after the Proposal opening.

ARTICLE 9 CONTRACT COMPLETION TIME: The Work is to be Completed and ready for final payment by December 15, 2026.

ARTICLE 10 SUBSTITUTE AND “OR–EQUAL” ITEMS:

10.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Proposal Documents without consideration of possible substitute or “or–equal” items. Whenever it is specified or described in the Proposal Documents that a substitute or “or–equal” item of material or equipment may be furnished or used by OFFEROR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement.

The procedure for submission of any such application by OFFEROR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements.

ARTICLE 11 SUBCONTRACTORS, SUPPLIERS, AND OTHERS:

11.1 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

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Agreement, the apparent Successful Offeror, and any other Offeror so requested, shall within five days after Proposal 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 Offeror to submit a substitute, in which case apparent Successful Offeror shall submit an acceptable substitute, Offeror’s Proposal price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Proposals and making the contract award.

11.2 If apparent Successful Offeror declines to make any such substitution, OWNER may award the Contact to the Offeror who submitted the next most advantageous offer to Owner that proposes to use acceptable

Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the

Proposal security of any Offeror. 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.

11.3 OFFEROR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom OWNER has reasonable objection.

ARTICLE 12 SUBMITTAL OF PROPOSALS: One (1) original and seven (7) copies of the Proposal shall be submitted at the time and place indicated in the Request for Sealed

Proposals and shall be enclosed in a sealed opaque envelope, marked with the project title, and name and address of Offeror, and accompanied by the

Proposal security and other required documents. If the Proposal is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "PROPOSAL ENCLOSED" on the face of it.

Contractor license number(s) shall be written on the face of the proposal envelope. Pursuant to O.C.G.A. § 43–14–8.2(h), and to the extent the Work requires the services of a utility contractor, Offerors shall provide a Georgia Utility

Contractor’s License Number on the outside of all sealed proposals. The submittal of a utility Contractor’s License Number held by a subcontractor commits the offeror to utilize that subcontractor on the Project. If the Work requires a utility contractor, the failure to provide the offeror’s (or its designated subcontractor’s)

Georgia Utility Contractor’s License Number on the outside of the sealed proposal will result in rejection of the proposal.

ANY PROPOSAL SUBMITTED AFTER THE ACTUAL OPENING OF SUBMITTED PROPOSALS,

WILL BE RETURNED TO THE OFFEROR UNOPENED.

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THE REQUIRED DOCUMENTATION FOR THE MINORITY EMPLOYMENT PROVISIONS

(SECTION 900) MUST BE SUBMITTED IN A SEPARATE SEALED OPAQUE ENVELOPE,

MARKED WITH THE PROJECT TITLE, NAME AND ADDRESS OF THE OFFEROR.

Each Offeror is responsible for seeing that his Proposal is received by the Owner not later than the advertised time set for the opening of Proposals.

ARTICLE 13 MODIFICATION AND WITHDRAWAL OF PROPOSALS:

13.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the opening of proposals.

13.2 Once proposals have been opened, proposals may only be withdrawn for appreciable error in accordance with (and as limited by) O.C.G.A. § 36–

91–52, and only upon duly signed, written notice actually received by

Owner prior to award of the contract and not later than 48 hours after the opening of the proposals, excluding Saturdays, Sundays, and legal holidays. Thereafter, that Offeror will be disqualified from further proposal on the Work to be provided.

ARTICLE 14 OPENING OF PROPOSALS: Sealed proposals will be 2:00 PM on Monday, May 11, 2026, at the offices of Liberty County Development Authority located at 425 West

Oglethorpe Hwy., Hinesville, Georgia 31313. At such time and place, all sealed proposals shall be opened so as to avoid disclosure of contents to competing offerors. All opened proposals will be evaluated. The attendance of offerors at the time and place fixed for opening of proposals is not mandatory.

ARTICLE 15 ACCEPTANCE OF PROPOSALS: Proposals may not be withdrawn (except as noted in Paragraph 13 after the time set for the opening of Proposals. Proposals will remain subject to acceptance for forty–five (45) days after the day of the

Proposal opening, but the Owner may, in its sole discretion, release any Proposal and return the Proposal security prior to expiration of the acceptance period.

ARTICLE 16 AWARD OF CONTRACT:

16.1 The submission of proposals hereunder shall invest offeror with no interest, right or claim of any kind with respect to the contract to be awarded.

Furthermore, Owner reserves the right to reject all proposals in its absolute discretion for any reason whatsoever, with or without cause, and thereafter re–advertise the contract opportunity.

16.2 Owner also reserves the right to waive all informalities not involving price, time or changes in the Work. 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.

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16.3 Owner will award the Contract in accordance with the following procedure. Owner will first eliminate from consideration all offerors who are not “responsive” and “responsible”, as such terms are defined in the

Act, and will further eliminate any offeror to whom Owner does not assign an aggregate score of at least 95 under the “Evaluation Factors” described below, based on Owner’s review of the offerors’ proposals.

Owner will deem all remaining offerors to be reasonably susceptible of being selected for award, and may give such offerors an opportunity to participate in discussions, negotiations and revisions of their proposals

(including the terms and conditions of the Contract), in order to obtain their best and final offers; provided that Owner reserves the option to select the successful offeror from the submittals without engaging in such discussions, negotiations and revisions. If only a single offeror remains, Owner will deem and determine (in writing) its offer to be most advantageous to Owner, and, subject to its right to reject any such proposal or engage in further discussions, negotiations and revisions with said offeror, will award the Contract to such offeror.

16.4 Owner may assign to each proposal the maximum number of points indicated for each factor, based on its review of each offeror’s proposal:

Related Experience – up to 30 points; Construction Management

Capability – up to 35 points; Operational Capability (to include, without limitation, financial resources) – up to 25 points; Operational Efficiencies –

35 points (to include ability to share assets and materials with nearby projects of offeror); Contract Price Provisions – up to 40 points; Adequacy and Ability of Professional Personnel – up to 15 points; Minority

Employment Provisions – up to 30 points; Local Preference – up to 10 points. In the event of a tie between two or more remaining offerors, and following any discussions, negotiations, or revisions as permitted under the

RFP, Owner will base the award on the evaluation factor of “Risk

Management”; i.e., which offeror’s past experience, capability, personnel, and approach to delivery of the Project leads Owner to believe that risk of delay or disputes is least if Owner accepts such proposal. Owner will deem and determine (in writing) such offeror’s proposal to be most advantageous to Owner, and, subject to its right to reject any such proposal, Owner will award the Contract to such offeror.

16.5 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications and financial ability of Offerors, 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.

16.6 If the contract is to be awarded, it shall be made to the responsible and responsive offeror whose proposal is determined by Owner (in its sole discretion) to be the most advantageous, taking into consideration the evaluation criteria set forth herein, and, accordingly, Owner is not required or otherwise obligated to accept the proposal submitted containing the lowest contract price.

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16.7 If the contract is to be awarded, Owner will give Successful Offeror a

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

ARTICLE 17 MODIFICATIONS OF QUANTITIES: If the lowest bona fide Proposal 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 portions of items he considers to be in the best interest of the Owner.

ARTICLE 18 CONTRACT SECURITY: The General Conditions and Supplementary Conditions set forth Owner’s requirements as to performance and payment bonds. When the

Successful Offeror delivers the executed Agreement to the Owner, it must be accompanied by the required performance and payment bonds. Unless otherwise specified in the General Conditions and Supplementary Conditions, the payment and performance bonds shall be in amount and form as minimally specified by the Act (as defined herein).

ARTICLE 19 SIGNING THE AGREEMENT: When the Owner gives a Notice of Award to the

Successful Offeror, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within five (5) days thereafter, Contractor shall sign and deliver the required counterparts of the Agreement and attached documents to Owner with the required Bonds. Within five (5) days thereafter, Owner shall deliver one fully signed counterpart to Contractor.

ARTICLE 20 LAWS AND REGULATIONS: The Contractor shall comply with local, District, County, State and Federal laws applicable to the work.

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 (PL 91–596) 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 from that Department.

ARTICLE 21 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: Contractor shall not commence work under this contract until he has obtained all the insurance required by the Supplementary Conditions.

ARTICLE 22 TERMINATION OF CONTRACT: 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 work completed and a proration of the work underway, 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.

ARTICLE 23 MODIFICATION BY OWNER: Subject to O.C.G.A. §36–91–20(d), Owner expressly reserves the right to revise, amend or otherwise change, at any time, any and all of the terms and requirements for proposals set forth herein. Upon such revision, change or amendment, Owner will send written notification to all offerors regarding the same, said written notices to be made a part of these materials.

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Any proposal submitted prior to receipt of such written notification may be returned to offeror upon request.

ARTICLE 24 CONFLICT: Any conflict between the Request for Proposals advertised pursuant to O.C.G.A. § 36–91–20 et seq. and the proposal documents made available to offerors following such advertisement shall be controlled by the latter.

ARTICLE 25 COSTS INCURRED BY OFFERER: All costs, fees (including legal and engineering fees), charges, and expenses incurred by Offeror in connection with its proposal and participation in the RFP process, of whatever amount and nature, direct or indirect, shall be borne exclusively and completely by Offeror, and Owner shall have absolutely no liability or obligation of any kind for the same. In no event will any claim whatsoever be made against Owner, or its employees, agents, or consultants, for reimbursement of any costs, fees, charges, and expenses incurred during the preparation of any proposal or participation in the RFP process. All proposals upon receipt by Owner shall become the property of Owner, without payment or reimbursement of any kind.

ARTICLE 26 PUBLIC RECORDS. Subject to O.C.G.A. 36–91–21(c)(2), the offeror is advised that the contents of its proposal and all documents and information submitted in connection therewith may be subject to disclosure as required by The Georgia

Open Records Act and any and all other applicable laws, and the offeror does hereby release and forever discharge Owner and its members, employees, and agents from any damage, suit, costs, or other liabilities of whatever kind arising from such disclosure.

ARTICLE 27 SUBJECT TO PROVISIONS OF ACT: This Request for Proposals is made expressly subject to, and is qualified in its entirety by, all applicable provisions of the

Georgia Local Government Public Works Construction Law, O.C.G.A. § 36–91–1 et seq. (the “Act”). To the extent any portion of this Request for Proposals directly conflicts with the provisions of the Act, this Request for Proposal shall be deemed modified so as to comply with said Act.

ARTICLE 28 TERMS: Wherever used in this Request for Proposals and any documents issued in connection herewith, the term “bid” shall mean proposal and “bidder” shall mean offeror; it being the intent of Owner that the contract shall be awarded under the proposal method as contemplated in the Act.

ARTICLE 29 PLANS AND TECHNICAL PROVISIONS: Plans and Specifications for the Project, as well as all Technical Provisions, are open to inspection at, or may be obtained from, Dodge Plan Room, Savannah, Georgia, Liberty County Development

Authority, located at 425 W. Oglethorpe Highway, Hinesville, GA 31313, and

Thomas and Hutton Engineering, 50 Park of Commerce Way, Savannah, Georgia

31405 upon payment of $100.00 (plus shipping charges as applicable) (the “Plans and Specifications”). Payment must be received prior to the plans being printed.

This payment is non–refundable. All such Plans and Specifications and Technical

Provisions are by this reference made a part of these Instructions and the Request for Proposals of which it is a part.

ARTICLE 30 NOT BINDING ON OWNER: This Request for Proposal is not an offer to contract or a solicitation of proposals, and any proposal submitted in response hereto, regardless of whether the proposal is determined to be the most advantageous

00110–11 proposal (or is in fact awarded), is not binding upon Owner, and does not obligate the Owner to procure or contract for any services. Owner will in no event be legally obligated or otherwise bound for any purpose unless and until all proposal documents (including, without limitation, the contract described herein) required by Owner are negotiated and fully approved and expressly accepted by the Owner in a duly called public meeting, as evidenced by Owner’s signature and delivery of on the contract provided for herein.

ARTICLE 31 PROPOSAL SUBJECT TO GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT:

This Request for Proposal is subject to the provisions of the Georgia Security and

Immigration Compliance Act, and Offerors shall submit whatever affidavits, documents, and other evidence of compliance as may be requested by Owner from time to time in connection with its proposal and any contract entered into pursuant to this Request for Proposal. Without limiting the foregoing, Offerors are advised they may be required to submit proof of their registration with and continuing and future participation in the E–Verify program established by the

United States Department of Homeland Security. Additionally, it is not the intent of this paragraph to provide detailed information or legal advice concerning the

Georgia Security and Immigration Compliance Act, and all Offerors shall be solely responsible for independently familiarizing themselves with, and strictly observing, the requirements of said Georgia Security and Immigration Compliance Act.

END OF DOCUMENT 00110

00506–1

DOCUMENT 00506

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

REVISED PER ADDENDUM #1

THIS AGREEMENT is dated as of the day of in the year 2026 by and between LIBERTY COUNTY DEVELOPMENT AUTHORITY (hereinafter called OWNER) and

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The

Work is generally described as follows:

TRADEPORT WEST WAY ROAD IMPROVEMENTS

Erosion control, clearing, earthwork, water and sewer extensions, and all other appurtenant items indicated on the plans and in the contract for construction of approximately 6,550 linear feet of new roadway – Tradeport West Way Road Improvements.

ARTICLE 2 ENGINEER

The Project has been designed by Thomas & Hutton Engineering Co. who is hereinafter called

ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 3 CONTRACT TIMES

All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of essence to the Contract.

3.1 The Work will be substantially completed within 60 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the

General Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 90 days after the date when the Contract Times commence to run. Included in the contract times are 5 days for rain delay. Time delays due to rain in excess of the above days shall be reported by the Contractor to the Engineer in writing, within 7 days of each event.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize time is of the essence for this Agreement and OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree to liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay

OWNER One Thousand and 00/100 dollars ($1,000.00) for each day expiring after the time specified in paragraph 3.1 for Substantial Completion until the Work is

00506–2 substantially complete. After Substantial completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR, shall pay OWNER

One Thousand and 00/100 dollars ($1,000.00) for each day expiring after the time specified in paragraph 3.1 for completion and readiness for final payment.

ARTICLE 4 CONTRACT PRICE

4.1 UNIT PRICE WORK

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the

Contract Documents an amount in current funds of the amounts determined for all Unit

Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of item as indicated in the

CONTRACTOR'S UNIT PRICE PROPOSAL(attached hereto as an exhibit), said amount being:

(dollars), $

(use words) (figures)

As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03C of the General Conditions.

ARTICLE 5 PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the

General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

5.1 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during performance of the Work as provided in paragraphs 5.1.1., 5.1.1.2. and 5.2. below.

All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) as provided in the General

Requirements.

5.1.1 For Cost of Work: Progress payments on account of the Cost of the Work will be made:

5.1.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General

Conditions.

90% of the Work completed (with the balance being retainage). If

Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to

OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, 00506–3 may determine as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed.

90% of Cost of the Work (with the balance being retainage) applicable to materials and equipment not incorporated in the

Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph

14.02.A.1 of the General Conditions).

5.1.1.2 Upon Substantial Completion, in an amount sufficient to increase the total payments to CONTRACTOR to 95% of the Cost of the

Work, (with the balance being retainage), less such amounts as

ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.

ARTICLE 6 INTEREST

All moneys not paid within thirty (30) days of the due date as provided in Article 14 of the General

Conditions, shall bear interest at the rate of 6 percent annually or the minimum required by law at the place of the Project, whichever is greater.

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has examined and carefully studied the Contract Documents

(including the Addenda indicated in Article 8 hereinafter) and the other related data identified in the Proposal Documents.

7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions possibly affecting cost, progress, performance or furnishing of the Work.

7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations possibly affecting cost, progress, performance and furnishing of the Work.

7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the

Supplementary Conditions as provided in the General Conditions. CONTRACTOR acknowledges such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges

OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract

00506–4

Documents with respect to Underground Facilities at or contiguous to the site.

CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional 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 construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract

Times and in accordance with the other terms and conditions of the Contract

7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site relating to the Work as indicated in the Contract

7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the

Work.

ARTICLE 8 CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and

CONTRACTOR concerning the Work consist of the following:

8.1 Advertisement for Request for Proposals

8.2 Instructions to Offerors

8.3 Proposal Form

8.4 Proposal Bond

8.5 Standard Form of Agreement

8.6 Performance Bond

8.7 Payment Bond

8.8 Notice of Award

8.9 Notice to Proceed

8.10 General Conditions

8.11 Special Conditions

8.12 Supplementary Conditions

8.13 Minority Employment Provisions

8.14 Summary of Work

8.15 Measurement and Payment

8.16 General Requirements – Submittals

8.17 Quality Control

00506–5

8.18 Testing Services

8.19 Contract Closeout

8.20 Technical Specifications consisting of sections as listed in the Table of Contents

8.21 Drawings consisting of sheets CO through GDOT1.5 with each sheet bearing the following general title:

Sheet Description Job No.

CO COVER SHEET 24765.0010

G0.1 GENERAL NOTES 24765.0010

EX1.0

OVERALL EXISTING CONDITIONS & DEMOLITION

PLAN

24765.0010

EX1.1 – EX1.4 EXISTING CONDITIONS & DEMOLITION PLAN 24765.0010

C1.0 OVERALL LAYOUT, SIGNAGE, AND STRIPING PLAN 24765.0010

C1.1 – C1.4 LAYOUT, SIGNAGE, AND STRIPING PLAN 24765.0010

C2.0 OVERALL PLAN & PROFILE 24765.0010

C2.1 – C2.8 PLAN & PROFILE 24765.0010

C3.1 – C3.2 HIGHWAY 17 CROSS SECTIONS 24765.0010

C4.1 – C4.13 TRADEPORT WEST WAY CROSS SECTIONS 24765.0010

C5.1 DRAINAGE PROFILES 24765.0010

C6.1 – C6.2 SITE DETAILS 24765.0010

C7.0 OVERALL WATER & SEWER PLAN 24765.0010

C7.1 – C7.4…