26_30_ ATL Speedway _ Hanager Site Constructi.pdf

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 1 of

*The posting of additional addenda may be required and it is the responsibility of the bidder to ensure that they review the

County’s website for any additional addenda, and that they submit acknowledgement of all applicable addenda (on the included form) with their solicitation. Bidders should not expect to be individually notified by Henry County.

Henry County

Purchasing Department 140 Henry Parkway, McDonough, GA 30253

Phone: 770-288-6027 Fax: 770-288-6047

Website: https://henrycountyga.gov

INVITATION TO BID

Sealed Envelope shall be marked with the following information:

Bid # 26-30

Atlanta Speedway Airport – Hangar Site Construction

Due Date and Time: February 12, 2026, 3:00 PM

SCHEDULE OF EVENTS FOR

BID # 26-30

Non-Mandatory Pre-Bid Conference and site visit has been scheduled for 1:00 PM on January 22, 2026 at Atlanta Speedway Airport, 474 Speedway Boulevard, Hampton, Georgia 30228. Attendance at the Pre-Bid Conference is not mandatory for those responding to this bid; however, bidders are strongly encouraged to attend.

1:00PM

January 22, 2026

Deadline for requests for clarifications and questions. Any possible exceptions to the bid specifications and/or terms and conditions should be addressed during this phase. These requests will be answered in an addendum and must be submitted through the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/henryga

3:00 PM

January 29, 2026

*Deadline for first addendum, if required, posted on Henry County’s eProcurement Portal at: https://procurement.opengov.com/portal/henryga

3:00 PM

February 5, 2026

Sealed bids will be accepted until the due date and time. Any late submittals will not be considered. Bids may be submitted by mail, common carrier or delivered in person. Electronic bids are to be submitted through the County’s eProcurement

Portal at (https://procurement.opengov.com/portal/henryga)

3:00 PM

February 12, 2026

THIS FORM MUST BE SIGNED AND SUBMITTED TO BE CONSIDERED FOR AWARD

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

https://procurement.opengov.com/portal/henryga https://procurement.opengov.com/portal/henryga

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 2 of

Atlanta Speedway Airport – Hanger Site Construction

Due Date and Time: February 12, 2026, 3:00 PM

TABLE OF CONTENTS Page

SECTION I – GENERAL OVERVIEW

A - PURPOSE 3

B - GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS 3 - 13

SECTION II - SPECIFICATIONS

A – SCOPE OF WORK 14

B – LIQUIDATED DAMAGES 14

C - DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 14

D – INSURANCE REQUIREMENTS 14-17

E – BOND REQUIREMENTS 17

SECTION III - FORMS

STANDARD CONTRACT (SAMPLE) 18

BID BOND 19

BID AUTHORIZATION AFFIDAVIT 20

NON-CONFLICT OF INTEREST 21

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

CERTIFICATE OF COMPLIANCE WITH FAA BUY AMERICAN

PREFERENCE – CONSTRUCTION PROJECTS

23-24

CERTIFICATION REGARDING FOREIGN PARTICIPATION 25

CERTIFICATE OF NONSEGREGATED FACILITIES 26-27

EQUAL OPPORTUNITY REPORT STATEMENT 28

REFERENCES 29

GA SECURITY & IMMIGRATION COMPLIANCE AFFIDAVIT & AGREEMENT 30

SUPPLIER INCLUSION PROGRAM 31

LIST OF SUBCONTRACTORS 32

COVENANT OF NON-DISCRIMINATION FORM 33

BID PRICE SHEET(S) 34-45

CHECKLIST FOR BID DOCUMENTS 46

SECTION IV – SEALED BID LABEL 47

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 3 of

SECTION I - GENERAL OVERVIEW

A. PURPOSE

The intent of this invitation is to obtain competitive sealed bids from qualified vendors for Hanger site construction at the Atlanta Speedway Airport, located at 474 Speedway Blvd, Hampton, GA 30248. The

Contractor shall furnish all labor, materials, equipment, and services required to fulfill the terms and conditions of this bid. Plans and specifications for this project are available on the County’s website:

https://procurement.opengov.com/portal/henryga. Bids will only be considered by those bidders and subcontractors currently pre-qualified with the Georgia Department of Transportation and active and registered with SAM.gov.

B. GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS

1. Bids Submission

a. These instructions will bind bidders to terms and conditions herein set forth, except as specifically stated otherwise in special contract terms with any individual bid. These instructions are to be considered an integral part of the bid.

b. Electronic bids are to be submitted through the County’s eProcurement Portal at

(https://procurement.opengov.com/portal/henryga). Bids may also be submitted by mail, common carrier or delivered in person. If an electronic bid is submitted, a physical paper submittal in not necessary. Emailed or faxed bids will not be considered. 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 this bid document will be securely kept unopened. A date/time stamp will be affixed to the envelope/package immediately upon its arrival to the Purchasing

Department. 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.

c. 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.

d. The bid must be submitted in a sealed envelope/parcel on or before the date and time stated in this document and is to be mailed or delivered to:

Henry County Purchasing Department

140 Henry Parkway

McDonough, GA 30253

Bid #26-30

Atlanta Speedway Airport – Hangar Site Construction

e. The Submittal Checklist must be reviewed and the bidder is to comply with the order of the submittal of documents. This document along with the cover page (page 1) is to be included with the bid.

f. The following items are to be included if the bid is submitted by mail, common carrier or delivered in person:

• One (1) unbound clearly marked “Original,” of the bid documents,

• One (1) bound copy identical to the original bid documents, and

• One (1) digital version in PDF format on a USB flash drive identical to the original bid documents. The USB flash drive should be labeled with the bid number and bidder’s name.

g. All bids must be manually signed and filled out legibly (typewritten or printed in ink) with all changes or corrections initialed by the person signing the bid.

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

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i. 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.

j. Individual contractors shall provide their Social Security number and proprietorships; partnerships and corporations shall provide their Federal Employer Identification number on page one of this bid documents and provide a completed W9 form to be submitted with the bid.

k. 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.

l. 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.

2. Preparation of Bids

a. 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.

b. 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.

c. 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.

d. Samples of items, when required, must be submitted within the time specified and unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the Bidder’s request and expense if items are not destroyed by testing.

e. Full identification of each item bid upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the Bidder is offering. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective Bidders are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the bid for further consideration. Final determination of equivalency will be determined by Henry County.

3. Clarification and Communication to County Concerning Bid

a. From time to time, the Purchasing Department may have to release written changes to a solicitation. These formal written changes are called addendum or if multiple, Addenda. It is the ultimate responsibility of the Bidder to ensure that they have all applicable addenda prior to the bid submission. Therefore, we encourage all Bidders to frequently review the

County’s eProcurement portal at (https://procurement.opengov.com/portal/henryga). All addenda forms must be signed and submitted with the bid. Failure to respond and acknowledge any addenda or requests for clarification, even after the bid opening, shall result in a non-responsive bid.

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b. The successful firm’s bid and all addenda will become a part of the agreement resulting from this document.

c. Bidders seeking an award of a Henry County contract shall not initiate or continue any verbal or written communication regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Department between the date of the issuance of the solicitation and the date of the final contract award by the Board of

Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business shall be disqualified from consideration for award. EXCEPTION to the above would be emailing request for clarification and/or questions to the County’s eProcurement portal at https://procurement.opengov.com/portal/henryga. (These requests will be answered in an addendum. Please see schedule of events.)

4. Pre-Bid Conference The Pre-Bid Conference or any other information session (if indicated in the schedule of events) will be held at the offices referred to in the “Schedule of Events” of this bid. Unless indicated otherwise, attendance is not mandatory; although suppliers are strongly encouraged to attend. However, in the event the conference has been identified as mandatory, then a representative of the supplier must attend the conference in its entirety to be considered eligible for contract award.

5. Rejection and Withdrawal of Bids

a. Withdrawal of bid due to errors, the supplier has up to forty-eight (48) hours to notify the

Purchasing Department of an obvious clerical error made in calculation of bid in order to withdraw a bid after bid opening. Withdrawal of bid for this reason must be done in writing within the forty-eight hour period.

b. The County will make a recommendation of the bid to the Board of Commissioners within 60 days from date of the opening, unless the successful Bidder agrees in writing to a longer period for the award.

c. The County may reject all or part of the bid within 60 days of bid opening.

d. All bid pricing must be held up to 120 days from the date of the bid opening.

6. Bid and Contract Documents

a. A bid executed 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.

Corporation: If the Bidder is a corporation, the bid must be submitted in the name of the corporation, not simply the corporation’s trade name. In addition, the bid shall be signed by an officer of the corporation.

Partnership: If the Bidder is a partnership, all partners must sign the bid. If all the partners do not sign the bid, then the names of all those except limited partners must be furnished on the bid and evidence of the authority of the signer(s) to execute the bid on behalf of the partnership.

Limited Liability Company (LLC): If the Bidder is a limited liability company, the authorized agent having authority to bind the limited liability company must sign the bid documents.

Sole Proprietorship or Individual: If the Bidder is a sole proprietor or individual, a signature is required on all bid documents by that individual.

b. The contract documents consist of this Agreement, Specifications and Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representation

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 6 of or agreements, either written or oral.

c. Contract Term – The time period of the agreement, if any is formed from this bid, will be determined after the review and evaluation of the Time Line Schedules submitted by the successful Consultant.

7. Exceptions and Omissions Any exceptions to the specifications and/or terms and conditions must be addressed during the question/clarification and addendum phases.

8. Alterations of Solicitation and Associated Documents Alterations of County documents are strictly prohibited and will result in automatic disqualification of the Bidder’s solicitation response

9. Cost Incurred by Vendors All expenses involved with the preparation and submission of the bid to the Henry County Board of

Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).

10. Codes, Permits, Fees, Licenses and Law

a. All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Bidder. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, shall apply to the contract throughout and will be deemed to be included in the contract the same as though herein written out in full.

b. Effective July 1, 2008: All General Contractors must have a current valid license from the

State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law, O.C.G.A. Section 43-41-17.

c. State Law regarding Worker Verification requires that all who enter into a contract for the physical performance of services with the County must satisfy O.C.G.A. §13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract. By submitting a bid to the County contractor agrees that in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor will secure from the subcontractor(s) such subcontractor(s) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they are in compliance. Such attestation(s) shall be maintained and may be inspected by the County at any time. An affidavit of such compliance included with the bid, must be signed by the contractor, and will become part of the contract.

11. Safety All vendors and subcontractors performing services are required and shall comply with all Occupational

Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.

12. Design, Standards and Practices Design, strength, quality of materials and workmanship must conform to the industry acceptable standards of engineering practices and/or professional services.

13. Statement of Warranty

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A Statement of Warranty should include all applicable manufacturers’ warranty and the Contractor’s warranty in regards to equipment, materials and workmanship. This statement shall include the terms, conditions and the period of warranty coverage. Any exclusion(s) must be clearly stated.

14. 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.

15. 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:

a. 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;

b. 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.

16. Drug Free Workplace Certification By signing the Supply Service Contract form, the Contractor certifies that 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”, have been complied with in full. 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 workplace 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.

17. 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

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 8 of execution of the appropriate Affidavit and Agreement which will be included and become a part of the

Agreement between Henry County and the successful Contractor.

18. Supplier Inclusion Program Small, local, veteran-owned, Disadvantaged Business Enterprise (DBE), and female-owned business enterprises are encouraged to participate in the solicitation process. Please see the Supplier Inclusion

Program form for a description of each of these type businesses.

19. Delivery and F.O.B. Destination

a. All prices shall include shipping and delivery cost to our destination; F.O.B., Henry County, Georgia, unless otherwise requested. The Bidder shall handle all material procurement, storage and delivery to project site. Unless otherwise specified in this specification, Bidder shall supply all materials required. The County will grant no allowance for boxing, crating or delivery unless specifically provided for in this bid. The Bidder shall retain title for the risk of transportation, including the filing for loss or damages.

b. The County desires delivery of the product(s) or service(s) as specified at the earliest possible time after the date of award. Unreasonable delivery may be cause for disqualifying a bid. Each firm shall state a definite delivery time and avoid using general terms such as "ASAP" or approximately so many days.

20. Discounts Cash discounts for early payment (i.e. 2%-10) or Net 30 terms should be shown separately, even if terms are Net.

21. County’s Tax Exemption Henry County is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by Henry County. Exemption certificates furnished upon request.

22. Award of Contract

a. Henry County desires to complete the award process in a timely manner. Henry County reserves the right to reject or accept any or all bids, whole or any parts hereof, by item or group of items, by section or geographic area, or make multiple awards and be the final approval of bid(s) selection which would be the most advantageous to the County with price and other factors considered.

Henry County may elect to waive any technicalities. The bid will be awarded to the lowest responsive, responsible Bidder(s), if awarded. The bid specifications and results will be available on the County’s eProcurement Portal at (https://procurement.opengov.com/portal/henryga).

b. Henry County reserves the right to reject any bid if the evidence submitted by or investigation of, the Bidder fails to satisfy the County that the Bidder is properly qualified to carry out the obligations of the Contract. If the successful Bidder defaults on their bid, an award may be made to the next low responsive and responsible Bidder.

Responsibility - The determination of the Bidder’s responsibility will be made by the County 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

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 9 of 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.

Responsiveness - The determination of the Bidder’s responsiveness will be made by the County based on a consideration of whether the Bidder has submitted complete bid documents meeting bid requirements without irregularities, excisions, special conditions, or alternatives bids for any item unless specifically requested in the bid solicitation.

c. Henry County is subject to making records available for disclosure after the Board of

Commissioners approval of the recommendation. The award shall be made by the Board of

Commissioners of Henry County unless the lowest, qualified bid is less than the Board of

Commissioners’ approval limit. No claim shall be made by the selected Consultant for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of the bid. The total of the awarded contract shall not exceed the available funds allocated for the bid project.

23. Local Vendor Privilege

a. There is established in Henry County, a local vendor privilege. Bids or bids awarded to local vendors contribute to the local tax base and will therefore be given special consideration when bidding against out-of-jurisdiction (out-of-county) vendors. Bids or bids received from local vendors will be given preference if such bid or bid is responsive and within five (5) percent of the low bid submitted by any out-of-county bidder. In such instance, the local vendor will be given the opportunity to match the low bid offered by the out-of-county vendor. If such local vendor agrees to match the low bid received from the out-of-county vendor within the time specified by the county, the bid shall be awarded to the local vendor.

b. A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the following requirements prior to any award of a contract or purchase:

1. The business or supplier must operate and maintain a regular place of business within the geographical boundaries of Henry County; and

2. The business or supplier must have a current occupational tax certificate; and

3. The business or supplier must have paid all real and personal taxes owed the county; and

4. The business or supplier must certify its compliance with the Georgia Security and

Immigration Act.

c. This policy shall not apply to any bid or bid for material, equipment or services in excess of one hundred thousand dollars ($100,000.00). In such cases, the bid award shall be subject to the competitive bidding requirements as otherwise provided herein or general law.

24. County Direction of Project Site and Monitoring of Work

a. The Contractor may have a Project Coordinator, but the project site shall remain under the control of Henry County. The Contractor shall provide and make available an appointee to Henry County for project coordination and supervision of Bidder installation personnel. Coordination consist of meeting with the Henry County representatives to review the project; on site walk throughout of installation area(s) before the installation begins; review installation procedures; review installation progress and to handle any problems during installation until project completion.

b. The successful Bidder will promptly correct all work rejected by the County as faulty, defective, or failing to conform to the Minimum Specifications and/or to consensus standards adopted by both government and industry governing the repairs, whether observed before or after substantial completion of the work, and whether or not fabricated, installed, or completed. The successful

Bidder will bear all costs of correcting such rejected work.

c. The Contractor shall insure all trash generated by work performed shall be removed from the site and properly disposed as each work operation is completed in a given area. Additionally, the

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Contractor shall ensure all disturbances to the area where the Contractor performed work are restored to the same condition prior to start of the project. If an inspection reveals that the

Contractor fails to clean up after work has been performed. The County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the correction.

Should the Contractor still fails to clean the area, the County reserves the right to make other arrangements to have the area cleaned and the County shall deduct the cost from the Contractor’s invoice.

d. No one except authorized employees of the Contractor is allowed on the premises of Henry County facilities. Contractor employees are not to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.

e. All information disclosed by Henry County to the successful Contractor for the purpose of the work to be done or information that comes to the attention of the successful Contractor during the course of performing such work is to be kept strictly confidential.

25. Indemnification

a. The vendor that is selected as the contractor shall, at its own expense, protect, defend (but only to the extent not prohibited by O.C.G.A. §13-8-2(c)), indemnify, save and hold harmless Henry

County 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 Henry County and its elected and appointed officers, employees, servants and agents may incur as a result of the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the

Contractor in the performance of the contract.

b. 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 County, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the contractor, but only to the extent and for such claims as are permitted under O.C.G.A. §13-8-2(c).

26. Controlling Law, Venue Any dispute arising as a result of this bid and/or an Agreement which was created from the terms, conditions and specifications of this document or their interpretation, litigation shall only be entered into and shall be performed in Henry County, Georgia. This Agreement shall be governed by the applicable laws of the County of Henry and the State of Georgia. Any dispute arising out of the agreement, this bid solicitation, its interpretations, or its performance shall be litigated only in the County of Henry Judicial

Courts.

27. Contractor as Independent Contractor In conducting its business hereunder, Contractor acts as an independent contractor and not as an employee or agent of County. The selection, retention, assignment, direction and payment of Contractor’s employees shall be the sole responsibility of Contractor.

28. Assignment The Agreement, in whole or any part hereof, created by the award to the successful contractor shall not be sold, not be assigned or transferred by Contractor by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of

Contractor, or with a business entity which is merged or consolidated with Contractor or which purchases a majority or controlling interest in the ownership or assets of Contractor without the prior written consent

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 11 of Henry County.

29. Owner and Ownership of Documents The Henry County Board of Commissioners, 140 Henry Parkway, McDonough, Georgia 30253 is the owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs, electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared in the course of performance of the services required by this contract shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the project except that Contractor shall have the right to retain copies of the same.

30. Performance of Contract

a. Henry County reserves the right to enforce the Contractor’s performance of this Agreement in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default or resulting contract award. It will be understood that time is of the essence in the Bidder’s performance.

b. The successful Contractor shall execute the entire work described in the Contract Documents, except to the extent specifically indicated in the Contract documents to be the responsibility of others.

c. The Contractor accepts the relationship of trust and confidence established by the award of this bid solicitation. The Contractor covenants with the County to utilize the Contractor’s best skill, efforts and judgment in furthering the interest of the County; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the work in the best way and most expeditious and economical manner consistent with the interest of the County,

d. All purchases for goods or services are subject to the availability of funds for this particular purpose.

31. Default and Termination

a. Termination by Contractor

The agreement resulting from this bid shall be subject to termination by Contractor in the event of any one or more of the following events: The default by County in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of County to remedy, or undertake to remedy such default, for a period of thirty (30) days after receipt of notice from

Contractor to remedy the same.

b. Termination by County

The agreement resulting from this bid shall be subject to termination by the County at any time in the opinion of the County; the contractor fails to carry out the contract provisions of any one or more of the following events:

(1) The default by Contractor in the performance of any of the terms, covenants or conditions of the Agreement, and the failure of Contractor to remedy, or undertake to remedy with sufficient forces and to the County’s reasonable satisfaction, the County shall provide the vendor with notice of any conditions which violate or endanger the performance of the

Agreement. If after such notice the Contractor fails to remedy such conditions within thirty

(30) days to the satisfaction of the County, the County may exercise their option in writing to terminate the Agreement without further notice to the Contractor and order the

Contractor to stop work immediately and vacate the premises, to cancel ordered products

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 12 and/or services with no expense to the County.

(2) Contractor files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Contractor and such receivership is not vacated within thirty (30) days after the appointment of such receiver.

(3) Contractors’ failure to conduct services according to the approved bid specifications.

(4) Contractors’ failure to keep, perform, or observe any other term or condition of this

Agreement.

(5) Contractor’s performance of the contract is unreasonably delayed.

(6) Should the successful Bidder fail to provide the commodities or services when ordered, and in accordance with the General Terms and Conditions, specifications and any other requirements contained herein are not met, the County reserves the right to purchase commodities or services covered by this contract elsewhere if available from an alternate source.

(7) The Contractor agrees by its bid submission that the County’s decision is final and valid.

c. Termination for Convenience

This Agreement may be terminated by Henry County for its own convenience by providing vendor (30) thirty days’ written notice. All fees and costs incurred by vendor up until the date of termination shall be paid to vendor.

d. Force Majeure

Neither party shall be held to be in breach of the Agreement resulting from this bid, because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

e. Waiver

The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof.

32. Invoices Invoices and/or statements should not be faxed but originals must be mailed directly to:

Henry County Board of Commissioners

Finance Department

140 Henry Parkway

McDonough, GA 30253

The following information must appear on all invoices submitted:

• Name and address of successful Bidder;

• Detailed breakdown of all charges for the services or products delivered stating any applicable period of time;

• Henry County’s Purchase Order Number and Bid Package number;

• Invoices shall be based upon actual services rendered, actual work performance and/or products delivered.

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 13

33. Payment Payment shall be tendered to the successful Bidder upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions and specifications of the bid; by completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice.

34. Required Documents If submitting an electronic bid through the County’s eProcurement Portal at

(https://procurement.opengov.com/portal/henryga), the required documents and/or forms mentioned in this solicitation must be uploaded to our eProcurement Portal once they are executed.

35. Prompt Payment The prime CONTRACTOR agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime

CONTRACTOR receives from the Airport SPONSOR. The prime CONTRACTOR agrees further to return retainage payments to each subcontractor within ten (10) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Airport SPONSOR. This clause applies to both DBE and non-DBE subcontractors.

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 14

SECTION II – SPECIFICATIONS

A. SCOPE OF WORK

Please see the following pdf files:

• 26-30 1580.025 HMP - Hangars Sitework - Phase 1 - Addendum 1, 12-1-25

• 26-30 1580.025 HMP - Hangars Sitework - Phase 1 - HC Plans, 10-23-25

• 26-30 1580.025 HMP - Hangars Sitework - Phase 1 - Technical Specs, 11-22-25

B. LIQUIDATED DAMAGES

The Contractor shall achieve Substantial Completion and Final Completion not later that the dates shown on the Notice to Proceed. Should the Contractor neglect, fail or refuse to achieve Final Completion of the

Work on the project by not later than 12:00 midnight on the date stated in the Notice to Proceed, or as revised by Change Order, he shall pay to the Owner as liquidated damages $2,000 per calendar day for each day that he is in default after the stipulated date.

C. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

1. The date of commencement is the date from which the Contract Time is measured and shall be the date a

Notice to Proceed is issued by the Owner.

2. The Contractor shall achieve Substantial Completion of the entire Work not later than the Contract Time

(specified below) after receipt of Notice to Proceed subject to adjustments of this Contract Time as provided in the Contract Documents.

D. INSURANCE REQUIREMENTS

Contractor shall purchase and maintain such comprehensive general liability, comprehensive automobile liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance and furnishing of the Work and Contractor’s other obligations under the Contract

Documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts;

2. Claims for damages because of bodily injury, occupational sickness or disease or death of Contractor’s employees;

CONTRACT

TIME

BID SCHEDULE DAYS 1 2 3 4 5 6 7 8 9 10 11 12

A - SITEWORK FOR T-HANGARS AND BOX HANGARS 180

B - T-HANGAR BUILDING 270

C - BOX HANGAR BUILDING 270

D - SITEWORK FOR FUTURE CORPORATE HANGARS 90

MONTH

https://henrycountyga-my.sharepoint.com/:b:/r/personal/lplanchon_henrycountyga_gov/Documents/Documents/Airport%20Projects/Hangar%20Development/Plans/1580.025%20HMP%20-%20Hangars%20Sitework%20-%20Phase%201%20-%20Addendum%201,%2012-1-25.pdf?e=4%3a0359e51f119b40b2ae4c9137126da2f4&web=1&sharingv2=true&fromShare=true&xsdata=MDV8MDJ8c2hhcnJpc0BoZW5yeWNvdW50eWdhLmdvdnw3ZTdjOGUyYmE2YmU0MTZmNDE1MTA4ZGU1NDgyMWM3OHw1MjYwMTc4MmY2NGI0MDJhOWE5OGYyNGUyMDJhZmFjN3wwfDB8NjM5MDQxMTE0OTY3OTI5MDUzfFVua25vd258VFdGcGJHWnNiM2Q4ZXlKRmJYQjBlVTFoY0draU9uUnlkV1VzSWxZaU9pSXdMakF1TURBd01DSXNJbEFpT2lKWGFXNHpNaUlzSWtGT0lqb2lUV0ZwYkNJc0lsZFVJam95ZlE9PXwwfHx8&sdata=ZWxWMFVPWDhuTm5pbWxTNWNpdys4MXRLekdqU2VCeEFuVi84U0l2TFJHYz0%3d https://henrycountyga-my.sharepoint.com/:b:/r/personal/lplanchon_henrycountyga_gov/Documents/Documents/Airport%20Projects/Hangar%20Development/Plans/1580.025%20HMP%20-%20Hangars%20Sitework%20-%20Phase%201%20-%20Technical%20Specs,%2011-22-25.pdf?e=4%3a4fa2b3366c104b4dbc5b58adbb0c9205&web=1&sharingv2=true&fromShare=true&xsdata=MDV8MDJ8c2hhcnJpc0BoZW5yeWNvdW50eWdhLmdvdnxkN2JmMTUzYjI5NTY0NWVhYTEzOTA4ZGU1NDgyNGI2NHw1MjYwMTc4MmY2NGI0MDJhOWE5OGYyNGUyMDJhZmFjN3wwfDB8NjM5MDQxMTE1NzM4MTcwMzAwfFVua25vd258VFdGcGJHWnNiM2Q4ZXlKRmJYQjBlVTFoY0draU9uUnlkV1VzSWxZaU9pSXdMakF1TURBd01DSXNJbEFpT2lKWGFXNHpNaUlzSWtGT0lqb2lUV0ZwYkNJc0lsZFVJam95ZlE9PXwwfHx8&sdata=Nmg1VTJ6a0gvbmgrL1F0SlFNTTRDa1VPYUJMNjBFTW9KKzBFQ3ZNUkhocz0%3d

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 15

3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than

Contractor’s employees;

4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (b) by any other person for any other reason;

5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use of resulting therefrom;

6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and

7. Claims for damages because of bodily injury or death of any person or property damage arising out of the

Ownership, maintenance or use of any motor vehicle.

The insurance required shall include the specific coverages and be written for no less than the limits of liability and coverages specified or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to Sponsor and Engineer by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective

Work in accordance with subsection 50-18. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment and furnish Sponsor with evidence of continuation of such insurance at final payment and one year thereafter, with the exception of Sponsor’s Protective Liability coverage.

Indemnification: In any and all claims against Sponsor or Engineer or any of their consultants, agents or employees by any employee of Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 70-11 above shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such

Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.

Coverages: The limits of liability for the insurance required by Paragraph 70-11 shall provide coverage for not less than the following amounts or greater where required by law:

1. Workers' Compensation, etc.:

a. State: Statutory

b. Applicable Federal: Statutory

(e.g. Longshoreman's)

c. Employer's Liability: $500,000

2. Comprehensive General Liability:

a. Bodily Injury and Property Damage: Combined Single Limit

$5,000,000 Per Occurrence

b. The Contractor’s General Liability insurance shall provide coverage for the following: (1)

Premises - Operations, (2) Independent Contractors, (3) Products/Completed Operations Hazard,

(5) Underground Hazard, (6) Broad Form Property Damage, (7) Where applicable, Explosion and

Collapse Hazard, and (8) Personal Injury.

3. Comprehensive Automobile Liability:

Bid #26-30, Atlanta Speedway Airport – Hangar Site Construction Page 16

a. Bodily Injury and Property Damage: Combined Single Limit

$1,000,000(Per Occurrence)

b. The Contractor’s Comprehensive Automobile Liability Insurance shall provide coverage for Bodily

Injury and Property Damage Per Occurrence for owned, hired and non-owned vehicles.

Contractor will provide such additional information in respect of insurance provided by him as the Sponsor may reasonably request. Failure by Sponsor to give any such notice of objection within the time provided shall constitute an acceptance of such insurance purchased by Contractor as complying with the Contract Documents.

The Sponsor, its officials and staff and the Engineer shall be names as additional insured with respect of notice in the Policy, A Certificate of Insurance naming the Sponsor as a certificate holder shall be issued by the

Contractor’s insurance provider to Sponsor. Certificates in triplicate from the insurance carrier stating the limits of liability and expiration date shall be filed with Sponsor before operations are begun. Certificates shall not merely name the types of policy provided but shall specifically refer to this Contract and shall contain a separate express statement of compliance with each of the requirements as set forth in this subsection. The certificates shall, in addition to the information relative to the insurance required, contain the following:

(1) Inception and expiration dates of insurance policy.

(2) Limits of liability provided (Public Liability and Property Damage).

(3) Coverage provided, including special hazards if required.

(4) Name of insurance company.

(5) Policy Number.

(6) Additional interests covered.

(7) Statement that the Explosion, Collapse, and Underground exclusions do not apply.

(8) Certificate shall reflect self-insured…