25_019_LH_ Attachment B_Contact Documents.pdf

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Attached to
25-019-LH Middle Georgia Airport Traffic Control Tower (12/12/24)
Solicitation number
PE-61100-NONST-2025-000000040
Issued by
Bibb County, Georgia

About this file

This document is a set of contract documents for the ATCT Access Road project at the Middle Georgia Regional Airport in Macon, Georgia. The project consists of the construction of an access road to serve the future Air Traffic Control Tower (ATCT) and commercial terminal, including approximately 900 tons of asphalt, 3,200 SY of graded aggregate base, water and sanitary sewer lines, and associated appurtenances. Sealed bids are due by 12PM EDT on Thursday, December 12, 2024, and will be publicly opened at 2PM EDT on the same day. A non-mandatory pre-bid conference will be held on November 6, 2024, and all questions must be submitted by November 15, 2024. The contract will be awarded to the lowest responsive and responsible bidder, and the work is to be completed within 90 calendar days from the issuance of the Notice to Proceed. Liquidated damages of $1,000 per calendar day will be assessed for delays in completion.

The bid will be awarded based on the combination of alternates selected to be most advantageous to the Owner. Payments will be made monthly on completed work, with retainage held by the Owner up to a maximum of 10% of each progress payment. The overall DBE goal for this project is 9.79%. Bidders must comply with federal regulations related to foreign trade restrictions, government-wide debarment and suspension, affirmative action, and nondiscrimination.

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CONTRACT DOCUMENTS FOR

Middle Georgia Regional Airport (MCN)

ATCT ACCESS ROAD

October 28, 2024

PREPARED BY:

PASSERO ASSOCIATES, LLC

4730 Casa Cola Way – Suite 200 St. Augustine, FL 32095

PA Project No. 20202946.0019

THIS PAGE INTENTIONALLY LEFT BLANK

TABLE OF CONTENTS

PART 1

CONTRACT DOCUMENTS

ADVERTISEMENT FOR BIDS…………………………………..……..… .AFB-1 to AFB-3

INSTRUCTIONS TO BIDDERS ……………………..…….…………..……ITB-1 to ITB-18

PROPOSAL DOCUMENTS………………………..……………………….….PD-1 to PD-27

CONTRACT DOCUMENTS……………………………………………………CD-1 to CD-8

PART 2

FAA ADVISORY CIRCULAR 150/5370-2G, OPERATIONAL SAFETY ON AIRPORT

DURING CONSTRUCTION, located here and incorporated by reference:

https://www.faa.gov/documentLibrary/media/Advisory_Circular/150-5370-2G.pdf

PART 3

GENERAL PROVISIONS ....................................................................................... GP-1 to GP-43 Section 10 ........................................................................................................ Definition of Terms Section 20 ......................................................................... Proposal Requirements and Conditions Section 30 .................................................................................. Award and Execution of Contract Section 40 ................................................................................................................ Scope of Work Section 50 .............................................................................................................. Control of Work Section 60 ........................................................................................................ Control of Materials Section 70 ............................................................... Legal Relations and Responsibility to Public Section 80 ................................................................................................. Execution and Progress Section 90 ............................................................................................ Measurement and Payment

PART 4

TECHNICAL SPECIFICATIONS

Item Code Description

Item C-001....................................................... Special Provision: GDOT Standard Specifications Item C-102........................ Temporary Air and Water Pollution, Soil Erosion & Siltation Control Item C_103 ......................................................... Project Survey, Stakeout, And Record Drawings Item C-105 ................................................................................................................... Mobilization Item P-152 ..................................................................... Excavation, Subgrade, And Embankment Item D-701 ............................................................................ Pipe For Storm Drains And Culverts Item D-751 ................................................. Manholes, Catch Basins, Inlets And Inspection Holes Item D-752 .............................................................................. Concrete Culverts, Headwalls, And

Miscellaneous Drainage Structures Item F-162 ........................................................................................................... Chain-Link Fence GDOT Section 310 ....................................................................... Graded Aggregate Construction GDOT Section 402 ............................................................ Hot Mix Recycled Asphaltic Concrete GDOT Section 412 ............................................................................................. Bituminous Prime GDOT Section 413 ...................................................................................... Bituminous Tack Coat

GDOT Section 603 ............................................................................................................. Rip Rap GDOT Section 652 ...................................................................................... Painting Traffic Stripe GDOT Section 700 ............................................................................................................ Grassing

PART 5

DRAWINGS FULL SET/PLANS

Drawing Number Title

C-000 .................................................................................................................................. Cover Sheet C-001 ...............................................................................................................................General Notes C-002 ............................................................................................... Construction Safety Phasing Plan C-003 .................................................................................................................. Survey Control Points C-004 ..................................................................................................................... Existing Conditions C-005 ................................................................................................................................... Soil Survey C-100 ...................................................................................... Erosion Control and Demolition Plan 1 C-101 ...................................................................................... Erosion Control and Demolition Plan 2 C-102 ...................................................................................... Erosion Control and Demolition Plan 3 C-103 ............................................................................................................ Erosion Control Details 1 C-104 ............................................................................................................ Erosion Control Details 2 C-105 ............................................................................................................ Erosion Control Details 3 C-200 ............................................................................................ Access Road Typical Cross Section C-300 .......................................................................................................................... Overall Site Plan C-301 ..................................................................................... Access Road Site Geometry Plan 1 & 2 C-302 ............................................................................................. Access Road Site Geometry Plan 3 C-303 ..................................................................................................... Access Road Plan & Profile 1 C-304 ..................................................................................................... Access Road Plan & Profile 2 C-305 ..................................................................................................... Access Road Plan & Profile 3 C-306 ..................................................................................................... Access Road Plan & Profile 4 C-400 ..................................................................................................... Access Road Cross Sections 1 C-401 ..................................................................................................... Access Road Cross Sections 2 C-402 ..................................................................................................... Access Road Cross Sections 3 C-403 ..................................................................................................... Access Road Cross Sections 4 C-404 ..................................................................................................... Access Road Cross Sections 5 C-405 ..................................................................................................... Access Road Cross Sections 6 C-406 ..................................................................................................... Access Road Cross Sections 7 C-407 ..................................................................................................... Access Road Cross Sections 8 C-408 ..................................................................................................... Access Road Cross Sections 9 C-500 ................................................................................................................................... Site Details C-501 ................................................................................................................................... Site Details C-502 ................................................................................................................................... Site Details C-503 ................................................................................................................................... Site Details C-504 ................................................................................................................................ Fence Details C-505 ............................................................................................................................... Utility Details C-506 ............................................................................................................................... Sewer Details C-507 ............................................................................................................................... Water Details C-508 ............................................................................................................................... Water Details

END OF TABLE OF CONTENTS

AFB-1

ADVERTISEMENT FOR BIDS

MIDDLE GEORGIA REGIONAL AIRPORT (MCN)

MACON, GEORGIA

Sealed bids for the ATCT ACCESS ROAD project at the Middle Georgia Regional Airport, Macon, Georgia, will be received by Macon-Bibb County Procurement Department located at 700 Poplar Street, 3rd floor, Suite 308, Macon, GA 31201, until 12PM EDT on Thursday, December

12, 2024 then publicly opened and read aloud at 2PM EDT on December 12, 2024.

PROJECT DESCRIPTION

Construction of access road to serve the future ATCT and commercial terminal consisting of approximately 900 tons of G-402 asphalt, 3,200 SY of graded aggregate base (6” thick), water and sanitary sewer lines, and associated appurtenances.

The location of the work is at the Middle Georgia Regional Airport, in Macon, Georgia.

Prospective bidders should read the following instructions carefully before submitting their bids.

For each item on the bid form there is a space provided for the price to be shown in numerals and words. All notations must be in ink. Totals read at the opening of bids are not guaranteed to be correct and no final award of contract will be made until the bid and extensions have been verified.

A Bidder's bond must be executed on the form furnished by the Owner, and the required bond, cash, cashier's check, or certified check must accompany each proposal, in the amount of 5% of the total amount of the proposal. A 100% performance bond and a 100% payment bond will be required of the Contractor at time of contract execution. A Georgia Resident Agent must countersign all bonds from a surety company authorized by law to do business in this State pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance; no bond shall be approved unless the surety is on the United States Department of Treasury’s list of approved bond sureties.

The successful bidder will be required to provide the Owner with the affidavit required by OCGA 36-91-21 (e) Competitive Award Requirements.

All work under the contract shall be completed within 90 calendar days from the issuance of the Construction Notice to Proceed. The bid will be awarded based on the combination of alternates selected to be most advantageous to the Owner.

Liquidated damages for delays in completion will be in accordance with the following schedule:

$1,000.00 per calendar day.

Payment will be made monthly on completed work. Retainage will be held by the Owner to a maximum of ten percent (10%) of each progress payment.

Copies of the plans, specifications, and bid forms shall be on file at the following locations:

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Macon-Bibb County Procurement Department, Government Center:

- 700 Poplar Street, 3rd Floor, Suite 308, Macon, Georgia 31201 and the Architect’s/Engineer’s office, Passero Associates, LLC:

- 4730 Casa Cola Way, Suite 200, St. Augustine, FL 32095

They may be examined at these offices without charge.

A complete set of Bid Documents, consisting of this Notice to Bidders, the General Provisions, Technical Specifications, Bid Forms, Agreement Forms and Contract Drawings, will be available on Monday, October 14, 2024, and may be obtained from Passero Associates at www.passero.com under the ‘BID’ tab. There is no cost to download the contract documents, but prospective bidders must sign up as a Plan holder in order to receive addenda and contract notices.

There will be a non-mandatory Pre-Bid Conference held at the Middle Georgia Regional Airport located at 1000 Terminal Dr., Macon, GA 31297 on Wednesday, November 6, 2024 at 2:00PM

EDT. All questions must be submitted in writing to Stanley Price, P.E., at sprice@passero.com by Friday, November 15, 2024. See Bid Schedule below.

Bid Summary Schedule:

Pre-Bid Conference – Non-mandatory Tuesday, November 6, 2024 @ 2PM

Questions Due Friday, November 15, 2024 by 5PM

Addendum Issued Friday, November 22, 2024 by 5PM

Bid Due Thursday, December 12, 2024 by 12PM

Bid Opening Thursday, December 12, 2024 @ 2PM

Times are Eastern Standard Time

Envelopes containing bids must be sealed, addressed to the undersigned, and marked as follows:

"Bid for Construction at Middle Georgia Regional Airport, Macon, GA, Project Name as stated in page one of the Bid Forms, Passero Associates Project 20202946.0019, Bidders Name and Address”. Bids will be required to remain open for acceptance or rejection for one hundred twenty (120) calendar days after the date of opening of bids.

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IMPORTANT NOTICE TO BIDDERS

IMPORTANT NOTICE TO BIDDERS: The following regulations and requirements apply to this project:

Foreign Trade Restriction: Denial of Public Works contracts to suppliers of goods and services of countries that deny procurement market access to US contractors (DOT Reg. 49 CFR Part 30)

Government wide debarment and suspension and government wide requirements for drug free workplace. (DOT Regulation 49 CFR Part 29)

Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246 and DOL Regulation 41 CFR Part 60)

Title VI Solicitation Notice:

Macon-Bibb County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The bidder must have at his disposal the necessary equipment to put on the project when notice is given to begin work and to do the work within the time specified. The proposal of any bidder will be rejected if the award of the work for which the proposal is submitted, may, in the judgment of the Owner, affect the workmanship, financing or progress of other work awarded to the bidder in the same letting or other work which the bidder may have under contract.

THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE INFORMALITIES IS

RESERVED TO THE OWNER.

Airport Representative Macon-Bibb County

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INSTRUCTIONS TO BIDDERS

The following requirements apply to the contract(s) for this project:

PREQUALIFICATIONS OF BIDDER

Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder’s financial resources and liabilities as of the last calendar year or the Contractor’s last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to reflect his/her (bidder’s) true financial condition at the time such qualified statement or report is submitted to the Owner.

Each bidder shall submit “evidence of competency” and “evidence of financial responsibility” to the Owner at the time of bid opening.

BID GUARANTEE BOND OF 5%

(49 CFR Part 18.36 (h)(1)) Each Bidder shall post a proposal guarantee bond in the amount of 5% of the bid price. No bids shall be read or considered without a proper form of security.

PERFORMANCE BOND OF 100%

(49 CFR Part 18.36 (h)(2)), Bidder shall post a performance bond in the amount of 100% of the bid price if awarded the contract. Such bond(s) are due prior to contract execution as a guarantee of timely delivery and that equipment, materials and /or goods are delivered according to specifications.

PAYMENT BOND OF 100%

(49 CFR Part 18.36 (h)(3)), Bidder shall post a payment bond payable to the OWNER in the amount of 100% of the bid price if awarded the contract. Such bond(s) are due prior to contract execution to guarantee timely payment of invoices to any subcontractors.

AUTHORITY TO SIGN

If an individual makes a Proposal, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the person or persons signing the Proposal must show the name of the State under the laws of which the corporation is chartered and his, or their, authority for signing same, and the names, titles and addresses of the President, Secretary and Treasurer, and the corporate authority for doing business in this State. In the case of a Limited Liability Corporation a Certificate of Authority shall be executed by the Chief Officer certifying that he/she has the authority to execute contracts between the LLC and OWNER. A bid executed

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by an attorney or agent on behalf of the Bidder shall be accompanied by an authenticated copy of the Power of Attorney or other evidence of authority to act on behalf of the Bidder.

NON-COLLUSION

By submitting a bid in response to this solicitation, the Bidder represents that in the preparation and submission of this bid, said Bidder did not either directly or indirectly, enter into any combination or arrangement with any person, Bidder, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-

9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

(49 CFR Part 29), The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/Contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal.

FOREIGN TRADE RESTRICTION

(49 CFR Part 30), Denial of Public Works Contracts to Suppliers of Goods and Services of Countries that Deny Contracts to Suppliers of Goods and Services of Countries that Deny Procurement Market Access to U. S. Contractors. The successful bidder must comply with 49 CFR Part 30 and submit the Certification Regarding Foreign Participation provided in the proposal documents.

CERTIFICATION OF NONSEGREGATED FACILITIES

(41 CFR Part 60-1.8), The successful bidder must comply with 41 CFR Part 60-1.8 and submit the Certification of Non-segregated Facilities provided in the proposal documents.

EQUAL EMPLOYMENT OPPORTUNITY

(Executive Order 11246 & 41 CFR Part 60), The successful bidder must comply with 41 CFR Part 60 and submit the Equal Opportunity Report Statement provided in the proposal documents.

NONDISCRIMINATION

Notwithstanding any other provision of this Agreement, during the performance of this Agreement CONTRACTOR, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Agreement does hereby covenant and agree, as a covenant running with the land, that:

1. No person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination;

2. In the production of the vehicle(s), and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

ITB-3

DISADVANTAGED BUSINESS ENTERPRISE

(49 CFR Part 26) The Contractor and/or its subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. The overall DBE goal for this project is 9.79%.

VETERAN’S PREFERENCE

In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States Code, Section 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

DRUG FREE WORKPLACE CERTIFICATION

The CONTRACTOR must certify that they are in full compliance with the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”. The undersigned further certifies that:

a. A drug-free workplace will be provided for the CONTRACTOR’S employees during performance of the contract; and

b. Each CONTRACTOR who hires a subcontractor to work in a drug-free work place shall secure from that subcontractor the following written certification:

“As part of the subcontracting agreement with (CONTRACTOR’s name), (Subcontractor’s name) certifies to the CONTRACTOR that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of

Code Section 50-24-3”.

c. The CONTRACTOR further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

d. CONTRACTOR may be suspended, terminated, or debarred if it is determined that:

(1) The CONTRACTOR has made false certification hereinabove; or

(2) The CONTRACTOR has violated such certification by failure to carry out the requirements of the Official Code of Georgia Section 50-24-3.

SUBCONTRACTORS, SUPPLIERS AND OTHERS

All BIDDERS shall submit as part of their BID on the prescribed schedules a list of all subcontractors and other persons and organizations (including those who are to furnish principle items of material and equipment) proposed for those portions of the Work as to which such identification is required. If requested by OWNER, the low BIDDER shall submit an experience statement with pertinent information as to similar projects and other evidence of qualification for each subcontractor, other person or organization. If OWNER after due investigation has

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reasonable objection to any proposed subcontractor, other person or organization, the OWNER may before giving the NOTICE OF AWARD require the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful BIDDER declines to make any such substitution, the Contract shall not be awarded to such BIDDER, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any subcontractor, other person, or organization so listed and to whom the OWNER does not make written objection prior to giving the NOTICE OF AWARD will be deemed acceptable to OWNER.

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful CONTRACTOR understands and agrees that compliance with the requirements of O.C.G.A.13- 10-91 and Georgia Department of Labor Rule 300-10-02 are conditions of this bid and contract document. The CONTRACTOR further agrees that such compliance shall be attested by the CONTRACTOR and any of his Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and become a part of the Agreement between the OWNER and the successful CONTRACTOR. The Affidavits must be provided to the OWNER within five

(5) business days of the Subcontractor being hired to work on the project.

SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) PROGRAM

Since a contract has been deemed a “public benefit,” the CONTRACTOR or other party to the contract must be run through the federal Systematic Alien Verification for Entitlements (SAVE) Program. This program requires that local government verify the legal status of non-U.S.

citizens who apply for certain benefits. The CONTRACTOR must execute a SAVE affidavit attesting that either he or she is a U.S. citizen or legally qualified to receive the benefit. If the contractor is not a U.S. citizen, then the local government has to run that contractor through the SAVE system. Only non-U.S. citizens can be processed through the SAVE program.

BID FORM AND SCHEDULES

One copy of the Bid Form and Schedules is included with the Bidding Documents.

All blanks on the Bid Forms and Schedules must be completed in ink or by typewriter. Each Bid must be submitted on the prescribed form. The Bid Price must be stated in words and numerals or as indicated in the BID FORM.

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 assistant secretary of the corporation. The corporate address and state of incorporation shall be shown in the space provided.

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. The address and telephone numbers to which communications regarding the BID are to be directed must be shown on the Bid Form.

All names must be typed or printed below the signatures. The individual OWNER and the terms

ITB-5

“doing business” must sign BIDS by individuals or "sole OWNER" must appear under the signature.

The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of all addenda and the date each was received shall be filled in on the BID form).

ADDENDA AND INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents are to be directed to ARCHITECT/ENGINEER. Requests for interpretations of drawings and specifications must be made in writing to the Architects/Engineers not later than 5:00PM on Monday, November 11, 2024. Any interpretations made to bidders will be issued in the form of Addenda to the specifications and furnished to all bidders. Interpretations or clarifications considered necessary by ARCHITECT/ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ARCHITECT/ENGINEER as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral explanations and interpretations made prior to the bid opening shall not be binding and without legal effect. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER and ARCHITECT/ENGINEER.

Failure of any BIDDER to receive and/or acknowledge any such Addendum or interpretation shall not relieve BIDDER from any obligation under this BID as submitted.

EXCEPTIONS AND OMISSIONS

If exceptions are taken to any portion of these specifications, such exception must accompany the bid and must be in writing. If any feature normally included in a complete job of this nature is omitted from these specifications, it too must be so stated in writing and be included with the bid.

PREPARATION OF BIDS

Negligence on the part of the Bidder in preparing the bid confers no right for withdrawal or modification in any way after the deadline for the bid opening.

Unit price must be shown on the Bid Cost Submittal Form in this document. All bids should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.

All product, equipment, article or material must be new and unused or current production. No reconditioned or used item(s) will be accepted except as specifically requested herein. Units that are classified as prototype or discontinued models are not acceptable.

EXAMINATION OF PLANS, SPECIFICATIONS AND SITE

The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications.

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Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner.

ESTIMATED QUANTITIES

Estimated Quantities: Where quantities of work are given in the BID they are approximate and are assumed solely for comparison of the BIDS. They are not guaranteed to be accurate statements or estimates of quantities of work that are to be performed under the contract, it being presumed that the BIDDER has verified the quantities necessary to complete the Work of the contract as intended, and any departure therefrom will not be accepted as valid grounds for any claim for damages, for extension of time or for loss of profits; not with any additional payment be made, regardless of the actual quantities required or ordered to complete the Work.

SUBMISSION OF BIDS

BIDS shall be submitted at the time and place indicated in the Advertisement. Each BID shall be enclosed in a sealed envelope and marked and addressed as required in the below and in the Advertisement and shall be accompanied by the Bid Security and other required documents. If the BID is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED for (Project Name)" on the face thereof. Submit one original, one copy and one electronic copy on USB drive of the Bid

Form, Schedules and other required documents.

Indicate the following information on the outside of the sealed envelope containing the bid:

a. Project Name as stated on page one of the Bid Forms

b. Project Number

c. Location of Airport

d. Bidder's Name and Address

Submit Bids to: Macon-Bibb County Procurement Department

Government Center 700 Poplar Street, 3rd Floor, Suite 308

Macon, Georgia 31201

The Submittal Checklist must be reviewed, and the bidder is to comply with the order of the submittal of documents. This document is to be included with the bid.

Bids may be submitted by mail, common carrier or delivered in person. Fax or electronic bids are not acceptable. It shall be the duty of each Bidder to ensure that their bid is delivered within the time and at the place prescribed in this document. Bids received prior to the time fixed in

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this bid document will be securely kept unopened. Any bid received at the office designated in this document after the exact time and date specified, will not be considered. If a late bid is received via carrier, it will be marked “late bid” and will not be opened. If a late bid is hand delivered, it will be returned unopened to the presenter.

At the date and time specified for the opening of the bid, the bid shall be publicly opened and read aloud for the information of Bidders and others present.

If descriptive literature is attached to the bid, your firm’s name must be on all sheets submitted.

Each bid submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this Bid request. The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from obligations in respect to the bid submittal or the compliance of the terms, conditions and requirements of the bid.

Individual contractors shall provide their Social Security number and proprietorships;

partnerships and corporations shall provide their Federal Employer Identification number and provide a completed W9 form to be submitted with the bid.

The authorized representative whose signature will appear on the bid submitted certifies that the Bidder has carefully examined the instructions of this bid and the terms and specifications applicable to and made a part of this bid. The Bidder further certifies that the prices shown on the Bid Price Submittal Form is in accordance with the conditions, terms and specifications of the bid and that any exception taken thereto may disqualify the bid.

Bids shall be made on the enclosed form if a form is provided.

Any documentation submitted with or in support of a bid or bid shall become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential”, “Proprietary”, or in any other manner shall not protect this material from public inspection upon request. All records become subject to public inspection only after award of the contract or purchase order.

WITHDRAWL OR REVISION OF PROPOSALS

A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder’s request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids.

PUBLIC OPENING OF PROPSALS

Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened.

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CONSIDERATION OF PROPOSALS

After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder’s proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern.

Until the award of a contract is made, the Owner reserves the right to reject a bidder’s proposal for any of the following reasons:

a. If the proposal is irregular as specified in the subsection titled IRREGULAR

PROPOSALS.

b. If the bidder is disqualified for any of the reasons specified in the subsection titled

DISQUALIFICATION OF BIDDERS.

In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner’s best interests.

IRREGULAR PROPOSALS

Proposals shall be considered irregular for the following reasons:

a. If the proposal is on a form other than that furnished by the OWNER, or if the OWNER’S form is altered or if any part of the proposal form is detached.

b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite or otherwise ambiguous.

c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the BIDDER is not required to furnish a unit price.

d. If the proposal contains unit prices that are obviously unbalanced.

e. If the proposal is not accompanied by the proposal guarantee specified by the OWNER.

The OWNER reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the OWNER and conforms to local laws and ordinances pertaining to the letting of construction contracts.

DISQUALIFICATION OF BIDDERS

A bidder shall be considered disqualified for any of the following reasons:

a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.

b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder.

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c. If the bidder is considered to be in “default” for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section.

RETURN OF PROPOSAL GUARANTY

All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s proposal guaranty will be returned. The successful bidder’s proposal guaranty will be returned as soon as the Owner receives the contracts bonds.

RIGHTS RESERVED

OWNER reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Discrepancies between words and figures will be resolved in favor of words. Also, OWNER reserves the right to reject the Proposals of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make any award to that BIDDER, whether because the Proposal is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standards or criteria established by OWNER. Discrepancies between the indicated sum or any column of figures and the correct sum thereof will be resolved in favor of the correct sum. On contract where unit prices are required, the right is reserved to increase or decrease the quantities specified, without changing the unit prices bid.

SUBSTITUTE OR “OR-EQUAL” ITEMS

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" Items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used if acceptable to Architects/Engineers, application for such acceptance will not be considered by ARCHITECT/ENGINEER until after the Effective Date of the Agreement.

AWARD OF CONTRACT

Responsiveness - The determination of the Bidder’s responsiveness will be made by the OWNER based on a consideration of whether the Bidder has submitted the following:

• Complete bid documents meeting bid requirements without irregularities, obviously unbalanced unit prices, excisions, special conditions, or alternatives bids for any item unless specifically requested in the bid solicitation.

• A properly executed Bid Bond.

In evaluation of Proposals, OWNER will consider qualifications of the BIDDERS and whether or not the Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Proposal form or prior to the Notice of Award.

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OWNER may consider the qualifications and experience of subcontractors, other persons or organizations (including those who are to furnish the principle items of materials and equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted. OWNER may also consider operating costs, maintenance considerations, performance data and guarantees of materials may also be considered by OWNER, when such data is submitted prior to Notice of Award.

OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and other persons and organizations to do the work in accordance with the contract documents to Owner’s satisfaction within the prescribed time.

Responsibility - The determination of the Bidder’s responsibility will be made by the OWNER based on whether the Bidder meets the following minimum standard requirements:

• Maintains a physical location presence and permanent place of business.

• Has the appropriate and adequate technical experience required.

• Has adequate personnel and equipment to perform the work expeditiously

• Able to comply with the required or proposed delivery and installation schedule.

• Has a satisfactory record of performance.

• The ability of Bidder to provide future maintenance and service for the use of the contract under consideration.

• Has adequate financial means to meet obligations incidental to the work.

• Such other factors as appear to be pertinent to either the bid or the contract.

In considering BIDS for this Work, particular attention will be given to the method of construction which the BIDDER plans to follow; the available experienced and skilled men which he plans to use in the prosecution of Work; the types of equipment and materials he plans to install; and, he shall prepare and furnish this information in writing at the OWNER's request.

Furthermore, the successful BIDDER must, prior to the award of the Contract, be prepared to discuss in detail all manners relating to any special features of the Work with the end view of obtaining high-grade workmanship and proper performance of the Contract.

OWNER reserves the right to reject the BID of any BIDDER who does not pass any evaluation to Owner’s satisfaction.

If a contract is to award, it will be awarded to the lowest responsive and responsible BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

If the lowest or the best BID exceeds the funds available for the work, the OWNER may reject all BIDS, or reduce the Scope of Work as necessary to diminish the total cost of the project to a sum compatible with the funds available for the specified work.

Award of the Contract, if awarded, will be made by the OWNER, upon the recommendation of the ENGINEER to the lowest responsible, responsive BIDDER, whose Proposal meets the requirement of the OWNER, and complies with the applicable laws of the State of Georgia.

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If a contract is to be awarded, OWNER will give the Successful BIDDER a NOTICE OF AWARD within ninety (90) calendar days after the day of bid Opening, or such mutually agreeable extension of time.

CANCELLATION OF AWARD

The OWNER reserves the right to cancel the award without liability to the BIDDER, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the OWNER.

SIGNING OF AGREEMENT

After the OWNER gives a NOTICE OF AWARD to the successful BIDDER, they will submit three (3) unsigned counterparts of the Agreement and all other required Contract Documents.

Within fifteen (15) days following the effective date of "Award" CONTRACTOR shall sign and deliver all executed counterparts of the Agreement to the OWNER with all other Contract Documents including insurance certificates and executed bonds attached thereto. OWNER will identify those portions of the Contract Documents not fully signed by the OWNER and CONTRACTOR and such identification shall be binding on all parties.

FAILURE TO EXECUTE CONTRACT

Failure to execute contract and file acceptable bonds as provided herein within fifteen (15) days from the date of award shall cause forfeiture of the Proposal Guaranty to the OWNER not as a penalty, but in liquidation of damages sustained. At the discretion of the OWNER, the award may then be made to the next lowest responsible BIDDER, or the work may be re- advertised.

CONTRACT ASSURANCE

The BIDDER/OFFERER certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the BIDDER/OFFERER/CONTRACTOR or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal.

The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.

PROMPT PAYMENT

The prime CONTRACTOR agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the prime CONTRACTOR receives from the Airport OWNER. The prime CONTRACTOR agrees further to return retainage payments to each subcontractor within seven

(7) days after the subcontractor's work is satisfactorily completed. Any delay or postponement

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of payment from the above referenced time frame may occur only for good cause following written approval of the Airport OWNER. This clause applies to both DBE and non-DBE subcontractors.

INDEMNIFICATION

The vendor that is selected as the contractor shall, at its own expense, protect, defend, indemnify, save and hold harmless the OWNER and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that the OWNER and its elected and appointed officers, employees, servants and agents may incur as a result of the acts, omissions or negligence of the contractor or its employees, servants, agents or subcontractors that may arise out of the agreement.

The CONTRACTOR’s indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimbursed to the OWNER, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the CONTRACTOR.

INSURANCE REQUIREMENTS

The amounts and types of insurance shall conform to the following minimum requirements.

Current Insurance Service Office (ISO) policies, forms and endorsements or broader shall be used where applicable.

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