Advertisement for Bids.pdf

NORTHSIDE WPCP DIFFUSER AND CITY OF COMMERCE

DAVIS BROS CURTAIN REPLACEMENT COMMERCE, GA

GOODWYN MILLS CAWOOD, LLC ADVERTISEMENT FOR BID

GMC PROJECT NO. CATL230031 00 10 00-1

Bid Date: May 30, 2024 Project No CATL230031

Project Name:

Northside WPCP Diffuser and Davis Bros Curtain Replacement Technical Contact: Graham Sizemore

Date of Issue: April 26, 2024 Estimated Project Cost: N/A

The City of Commerce, Georgia will be receiving separate sealed Bids for all material, labor and equipment for the “Northside WPCP Diffuser and Davis Bros Curtain Replacement”. This includes approximately Replace complete diffuser system in each digester (two [2] total), two (2) plug valves and associated piping modifications, and two (2) lagoon baffle curtains. with all related accessories as shown on the plans and called for in the Contract Documents and Technical Specifications. Bids shall be based on Unit Price Items.

The project shall be Substantially Complete within 180 calendar days from the date of notice to proceed of the contract.

The City of Commerce will receive bids until 2:00 PM on May 30, 2024 at 545 Cedar Drive, Commerce, GA 30529. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud. All interested parties are invited to attend.

Contract Documents, Technical Specifications and Plans may be examined at the following locations:

City of Commerce Planning & Utilities, 545 Cedar Drive, Commerce, GA 30529

Goodwyn Mills Cawood, LLC 6120 Powers Ferry Rd. NW, Suite 200, Atlanta, Georgia 30339

Bid Advertisement may be examined at the following locations:

Georgia Local Government Access MARKETPLACE at the link below:

https://www.glga.org/ Georgia Procurement Registry (GPR): https://ssl.doas.state.ga.us/gpr/index

All Bidders are required to purchase Bidding Documents, Specifications and Drawings from the office of Goodwyn Mills Cawood, LLC, upon non-refundable payment of $100.00. Interested BIDDERs please contact Kim Ross at (770) 952-2481 or kim.ross@gmcnetwork.com for bid documents.

Each BIDDER must deposit with his bid, security in the amount of 5%, and shall be subject to the conditions provided in Section 00 20 00 “INSTRUCTION TO BIDDERS.”

No BIDDER may withdraw his bid within sixty (60) days after the date of Bid opening.

OWNER

City of Commerce

545 Cedar Drive

Commerce, GA 30529

706-335-3164

ENGINEER

Goodwyn Mills Cawood, LLC

6120 Powers Ferry Rd. NW, Suite 200

Atlanta, GA 30339

770-952-2481

GOODWYN MILLS CAWOOD, LLC ADVERTISEMENT FOR BID

GMC PROJECT NO. CATL230031 00 10 00-2

Each Bidder is required to submit a “Bid form”, “Bid Bond”, “Form of Qualification of Bidder”, “Non- Collusion Affidavit” and “Immigration and Security Form” as outlined in Section 00 25 00.

This contract is Local funded.

The City of Commerce reserves the right to waive any informalities or irregularities, or to reject any or all bids and to readvertise.

Visit http://www.gmcnetwork.com/bids for a list of projects out for bid. Then select the appropriate project for a list of bidders and additional bid information.

END OF SECTION 00 10 00

GOODWYN MILLS CAWOOD, LLC INSTRUCTIONS TO BIDDERS

GMC PROJECT NO. CATL230031 00 20 00-1

TABLE OF CONTENTS

ARTICLE 1 DEFINED TERMS

ARTICLE 2 COPIES OF BIDDING DOCUMENTS

ARTICLE 3 QUALIFICATIONS OF BIDDERS

ARTICLE 4 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,

AND SITE

ARTICLE 5 PRE-BID CONFERENCE (NOT APPLICABLE)

ARTICLE 6 SITE AND OTHER AREAS

ARTICLE 7 INTERPRETATIONS AND ADDENDA

ARTICLE 8 BID SECURITY

ARTICLE 9 CONTRACT TIMES

ARTICLE 10 LIQUIDATED DAMAGES

ARTICLE 11 SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 PREPARATION OF BID

ARTICLE 14 BASIS OF BID; COMPARISON OF BIDS

ARTICLE 15 SUBMITTAL OF BID

ARTICLE 16 MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 OPENING OF BIDS

ARTICLE 18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20 CONTRACT SECURITY AND INSURANCE

ARTICLE 21 SIGNING OF AGREEMENT

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ARTICLE 1 DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions.

ARTICLE 2 COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available from the location and for the amount stated in Section 00 10 00 “Advertisement for Bids”.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

ARTICLE 3 QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of Owner’s request, Bidder shall submit written evidence of any data requested by Owner over and above what is to be provided in Section 00 45 00 “Form of Qualification of Bidder”.

ARTICLE 4 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED

DATA, AND SITE

4.01 SUBSURFACE AND PHYSICAL CONDITIONS

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site, if any, that Engineer has used in preparing the Bidding Documents. Those reports are located in Section 00 32 00.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General

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Conditions has been identified. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

4.02 UNDERGROUND FACILITIES

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

4.03 HAZARDOUS ENVIRONMENTAL CONDITIONS

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents.

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

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective

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

4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

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

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

A. Examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

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

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

D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions;

E. Obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

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

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

H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

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

GMC PROJECT NO. CATL230031 00 20 00-5

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

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that

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

ARTICLE 5 PRE-BID CONFERENCE

5.01 No Pre-Bid Conference is scheduled.

ARTICLE 6 SITE AND OTHER AREAS

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

ARTICLE 7 INTERPRETATIONS AND ADDENDA

7.01 The Owner or Engineer will not be responsible for oral discussion or interpretation of the meaning of the Plans, Specifications or other pre-bid documents during the Bid Advertisement period.

7.02 Every request for such interpretation should be made in writing addressed to Goodwyn

Mills Cawood, LLC, 6120 Powers Ferry Rd. NW, Suite 200, Atlanta, Georgia 30339, or faxed to 770-955-1064 or emailed to graham.sizemore@gmcnetwork.com, and to be given consideration must be received at least five (5) business days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the Specifications which, if issued, will be mailed and/or emailed and/or sent by facsimile transmission to all prospective BIDDERS (at the respective addresses furnished for such purposes), not later than seventy-two (72) hours prior to the date fixed for the opening of Bids. Failure of any BIDDER to receive any such Addendum or interpretation shall not relieve such BIDDER from any obligation under his Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

GMC PROJECT NO. CATL230031 00 20 00-6

ARTICLE 8 BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder’s maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the

Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 CONTRACT TIMES

9.01 BIDDER must agree to commence work within ten (10) working days after a date to be specified in a written "Notice to Proceed" from the OWNER and achieve Substantial Completion of the Project as specified in the Agreement, Section 00 52 00 Article 4.01.

ARTICLE 10 LIQUIDATED DAMAGES

10.01 BIDDER must agree to pay as liquidated damages, as specified in the Agreement, Section

00 52 00 Article 4.02 for each and every consecutive calendar day thereafter the completion date, for which the completion of the project is delayed, as hereinafter provided in the General Conditions.

ARTICLE 11 SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 Refer to General Conditions Article 6.05, as may be modified by the Supplementary

Conditions

GMC PROJECT NO. CATL230031 00 20 00-7

ARTICLE 12 SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within ten (10) days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute,

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

ARTICLE 13 PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

13.02 All blanks on the Bid Form shall be completed by printing in ink or typed and the Bid signed in ink. The person signing the Bid Form shall initial erasures or alterations in ink. A Bid price shall be indicated for each Bid item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

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

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign.

The official address of the partnership shall be shown below the signature.

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

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

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

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

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

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13.10 The address and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder’s Georgia utility contractor license number, if applicable, shall also be shown on the Bid Form.

ARTICLE 14 BASIS OF BID; COMPARISON OF BIDS

14.01 The Bid Form for this project will contain 1 section(s). The “UNIT PRICE BID PROPOSAL” will be the sum of the unit price amounts entered and, as more completely described below.

14.02 “UNIT PRICE BID PROPOSAL” shall be for the completion of each estimated unit quantity identified in the Bid Form and shall have a unit price and corresponding extended cost for the estimated quantity. The total of all the extended costs shall constitute the

“TOTAL AMOUNT OF BASE BID”.

14.03 ALTERNATES AND COMPARISON OF BIDS

A. The Bid Form may include additional/deductive alternates for certain specified items of work. Prices must be provided for these special alternates as stated on the Bid Form. The Owner may select all, none or a combination of alternates. The Owner reserves the right to make this selection after receipt of Bids and anticipates a decision within three (3) days after bid opening.

B. The alternates selected by the Owner will be used in determining the Apparent Low

Bidder. The Owner reserves the right to select the low bidder based on any combination of alternates desired. Thus, the lowest price determined from Additional/Deductive Alternates selected will be the basis for comparison to determine the Apparent Low Bidder.

ARTICLE 15 SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, the Bid Bond Form, and other forms required to be submitted. The unbound copy of the Bidding Documents is to be completed and submitted according to Section 00 25 00.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title, the Georgia Utility Contractor License Number, if applicable, of the Bidder, and the name and address of Bidder; and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.”

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ARTICLE 16 MODIFICATION AND WITHDRAWAL OF BID

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

16.02 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with

Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Owner may allow that Bidder to withdraw his Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. A tabulation of the amounts of the Base Bids and alternates, if any, will be made available to Bidders after Award of project.

ARTICLE 18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

"Balanced Bid" shall mean a Bid in which each of the unit prices and total amount bid for each of the listed items reasonably reflects the value of that item with regard to the entire job considering the prevailing cost of labor, material and equipment in the relevant market. A Bid is unbalanced when, in the opinion of the Owner or Design Consultant, any unit prices or total amounts bid on any of the listed items do not reasonably reflect such values.

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

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

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

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

19.06 NOTICE OF AWARD

The party to whom the contract is to be awarded will be issued the NOTICE OF AWARD from the OWNER within 60 days of bid opening. The NOTICE OF AWARD shall be accompanied by the Agreement, Bond forms, Indemnification requirements, and MBE, WBE, and EEO Compliance forms and documentation (if required for contract). The BIDDER shall execute the Agreement and furnish completed bonds, insurance certificates, any MBE, WBE, and EEO forms, and Construction/Payment Schedules to the OWNER within fifteen (15) calendar days of receipt of NOTICE OF AWARD. Failure to furnish the completed documentation shall constitute a forfeiture of the Contractor’s Bid Bond.

ARTICLE 20 CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, such bonds and insurance certificates shall accompany it.

ARTICLE 21 SIGNING OF AGREEMENT

21.01 AGREEMENT

The OWNER within fifteen (15) calendar days of receipt of acceptable bonds, insurance certificates, AGREEMENT signed by the party to whom the AGREEMENT was awarded, and other required forms and schedules, shall sign the AGREEMENT and return to such party an executed duplicate of the AGREEMENT or shall notify the contractor of the reasons the documents are not acceptable. Should the OWNER not execute the AGREEMENT within such period or not notify the contractor of the reasons for not executing, the BIDDER may by WRITTEN NOTICE withdraw his signed AGREEMENT.

Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

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21.02 NOTICE TO PROCEED

The NOTICE TO PROCEED shall be issued within fifteen (15) calendar days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the fifteen (15) calendar period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

END OF SECTION 00 20 00

GOODWYN MILLS CAWOOD, LLC INSTRUCTIONS FOR SUBMITTING BID PROPOSALS

GMC PROJECT NO. CATL230031 00 25 00-1

Bid Proposal packages are to be submitted on separate forms furnished or printed from electronic file provided for this purpose.

Submit as the "Bid" the following:

1. Bid Form – Section 00 41 00

2. Bid Bond – Section 00 43 00

3. Form of Qualification of Bidder – Section 00 45 00

4. Non-Collusion Affidavit – Section 00 48 00

5. Immigration and Security Form – Section 00 49 00

6. Tab the Bid Bond, Base Bid and all Alternates.

Place all of the above in a sealed envelope clearly marked as follows:

BID PROPOSAL FOR

Northside WPCP Diffuser and Davis Bros Curtain Replacement

NOTE: The envelope should bear on the outside the NAME and ADDRESS of the QUALIFIED BIDDER, and Georgia Utilities Contractors License Number (if applicable).

If mailed, this envelope should be placed inside the mailing envelope.

Bids will be opened at 2:00 PM, TBD at 27 Sycamore Street, Commerce, GA 30529.

END OF SECTION 00 25 00

GOODWYN MILLS CAWOOD, LLC INFORMATION AVAILABLE TO BIDDERS

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EXISTING REPORTS AND SURVEYS

1.01 SUBSURFACE INVESTIGATION REPORT

A. In the preparation of Drawings and Specifications, Engineer or Engineer’s Consultants did not rely upon reports of explorations or tests of subsurface conditions at the Site, except as noted on Drawings.

END OF SECTION 00 32 00

GOODWYN MILLS CAWOOD, LLC BID FORM

GMC PROJECT NO. CATL230031 00 41 00-1

TABLE OF ARTICLES

Article No. Page No.

ARTICLE 1 – BID RECIPIENT

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS

ARTICLE 3 – BIDDER’S REPRESENTATIONS

ARTICLE 4 – FURTHER REPRESENTATIONS

ARTICLE 5 – BASIS OF BID

ARTICLE 6 – TIME OF COMPLETION

ARTICLE 7 – ATTACHMENTS TO THIS BID

ARTICLE 8 – DEFINED TERMS

ARTICLE 9 – BID SUBMITTAL

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ARTICLE 1 – BID RECIPIENT

1.01 BID RECIPIENT

This Bid is submitted to: City of Commerce

27 Sycamore Street

Commerce, GA 30529

This Bid is Submitted From:

(Name and Address of Individual, Partnership, or Corporation)

Georgia Utility Contractor No. (if applicable)

This Bid is for: Northside WPCP Diffuser and Davis Bros Curtain

Replacement

TBD 2:00 PM

(Date) (Time)

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times Indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

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

Addendum No. Addendum Date

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

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

D. Bidder has carefully studied all reports (if applicable) of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified and reports and drawings of Hazardous Environmental Conditions that have been identified in

SC-4.06.

E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or

GMC PROJECT NO. CATL230031 00 41 00-4

discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

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

K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement.

ARTICLE 4 – FURTHER REPRESENTATIONS

4.01 Bidder further represents that:

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

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

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

and

D. Bidder has not sought by collusion to obtain for itself any advantage over any other

Bidder or over Owner.

ARTICLE 5 – BASIS OF BID

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

UNIT PRICE BID PROPOSAL

INSERT BID FORM HERE

ALTERNATES:

GMC PROJECT NO. CATL230031 00 41 00-5

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be Substantially Complete in accordance with Paragraph

14.04 of the General Conditions, and will be Final Complete and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the date indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Time.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are attached to and made a condition of this Bid:

A. Bid Bond – Section 00 43 00.

B. Form of Qualification of Bidder – Section 00 45 00.

C. Affidavit of Non-Collusion – Section 00 48 00.

D. Immigration and Security Form – Section 00 49 00.

ARTICLE 8 – DEFINED TERMS

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

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

GMC PROJECT NO. CATL230031 00 41 00-6

A Partnership

Partnership Name (typed or printed):

By:

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

Name (typed or printed):

A Corporation

Corporation Name:

State of Incorporation:

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Date of Authorization to do business in the state of Georgia is / /

END OF SECTION 00 41 00

GOODWYN MILLS CAWOOD, LLC BID BOND

GMC PROJECT NO. CATL230031 00 43 00-1

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name)

(Address):

SURETY (Name and Address of Principal Place of Business):

OWNER:

27 Sycamore Street

Commerce, GA 30529

BID

Bid Due Date:

BOND

Bond Number:

Date (Not later than Bid due date):

Penal Sum:

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

GMC PROJECT NO. CATL230031 00 43 00-2

BIDDER SURETY

(Seal)

(Seal)

Bidder's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature and Title Signature and Title (Attach Power of Attorney)

Attest: Attest:

Signature and Title Signature and Title

Note: Above addresses are to be used for giving required notice.

Note: Surety companies executing bonds must appear on the Treasury Department’s most current list (circular 570 as amended) and be authorized to transact business in the state where the project is locates.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Surety’s liability.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1. Owner accepts Bidder's Bid and Bidder

delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the

Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award

to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of

GMC PROJECT NO. CATL230031 00 43 00-3

Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this

Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.

If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.

END OF SECTION 00 43 00

GOODWYN MILLS CAWOOD, LLC FORM OF QUALIFICATION OF BIDDER

GMC PROJECT NO. CATL230031 00 45 00-1

Name of Bidder

Phone Number(s) of Bidder

Address of Bidder

To:

Gentlemen:

The signer of this affidavit guarantees the truth and accuracy of all statements and information submitted herein in support of its bid proposal to furnish all materials, equipment, and labor, and to perform all work in accordance with the Contract Documents for:

The undersigned hereby authorizes and requests any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor, or any person, firm or corporation to furnish any pertinent information requested by Owner's Engineer, Goodwyn

Mills Cawood, LLC, deemed necessary to verify the statements made, information submitted, or regarding the standing and general reputation of the applicant.

The undersigned has not been disqualified by any public agency in the State of Georgia except as is explained as follows: .

The undersigned further affirms that, if false information is furnished in support of its bid proposal, it can and will be prosecuted to the fullest extent of the law for perjury.

Dated at , this day of , 20 .

Sworn to and subscribed before me this day Name of Organization of , 20 .

BY:

Title of Person Signing (If Corporation, Affix Seal)

NOTARY PUBLIC:

My Commission Expires:

GMC PROJECT NO. CATL230031 00 45 00-2

PART I - STATEMENT OF EXPERIENCE:

1) Legal Name, Address, and Telephone Number:

2) Check one: Corporation ; Partnership ; Individual

3) If a Corporation, state:

Date of Incorporation

State in which incorporated:

Date of Assuming

Name and Title of Principal Officers Position

If an Out-of-State Corporation, currently authorized to do business in Georgia, give date of such authorization: .

4) If Partnership:

Date of Organization:

Nature of Partnership (General, Limited, or Association):

Names and Addresses of Partners Age of Partner

5) If an Individual, state -- Name & Address of Owner:

GMC PROJECT NO. CATL230031 00 45 00-3

6) Enumerate State, County, or other Public Agencies in which your organization is qualified to perform work by some means of prequalification:

Agency Trade in Which

Qualified Expiration Date Approved Amount

7) Describe your organizational structure, including the number of permanent employees engaged in estimating, purchasing, expediting, detailing, and engineering, field supervision, field engineering, and layout:

(Use extension sheet if necessary)

8) Give names & data about any construction projects you have failed to complete:

9) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? . If within the last five (5) years, state name of individual, other organization, and reason therefore:

10) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? . If within the last five (5) years, state name of individual, name of owner, and reason therefore:

GMC PROJECT NO. CATL230031 00 45 00-4

11) Has your organization, or any officer or partner thereof, ever been party to any criminal litigation as a result of construction methods, costs, etc.? .

If yes, state case number, case name, and provide pertinent details, including judgment:

(Attach extension sheet if necessary)

12) Has your organization, or any officer or partner thereof, ever been party to any civil litigation as result of construction methods, costs, etc? .

If yes, state case number, case name, and provide pertinent details, including judgment:

(Attach extension sheet if necessary)

13) For Corporations name previous officers, if different from item 3, for each of the last five

(5) years. For Partnerships, name for the current principal partner any previous partners, or association in another construction firm within each of the last five (5) years. For sole proprietorship, name for the individual any previous officer position in a corporation, or partner in a partnership for each of the last five (5) years:

GMC PROJECT NO. CATL230031 00 45 00-5

14) Indicate type of contracting undertaken by your organization and number of years experience:

As Prime Contractor: Type: No. of Years

Type: No. of Years

As Subcontractor: Type: No. of Years

Type: No. of Years

15) Give any special qualifications of firm members (Registered Engineer, Surveyor, etc.)

16) List Major Equipment to be Used on this Project and Equipment Condition:

17) Percentage of Work to be Performed with Own Forces:

18) Name of Proposed Subcontractors with Whom You Intend to Affiliate. (What phase and percentage of work will each subcontractor perform?)

NORTHSIDE WPCP DIFFUSER AND CITY OF

COMMERCE

GMC PROJECT NO. CATL230031 00 45 00-6

19) State construction experience of principal members of your organization:

Constr. Type Exp. of Cost

Name Title Years Work Range In What Capacity

GMC PROJECT NO. CATL230031 00 45 00-7

20) List the construction contracts your organization has underway at this time:

Prime Contractor Date of Contract % Design Architect/Engineer Owner Name of Project Name and Address Contract Amount Complete Name and Address Name and Address

GMC PROJECT NO. CATL230031 00 45 00-8

21) List the construction contracts your organization has completed in the past five (5) years:

Prime Contractor Date of Contract Design Architect/Engineer Owner Name of Project Name and Address Completion Amount Name and Address Name and Address

GMC PROJECT NO. CATL230031 00 45 00-9

GMC PROJECT NO. CATL230031 00 45 00-10

22) What is the largest contract (dollar costs) ever performed by your organization?

Name of Work:

Total Contract Amount:

Amount of Your Contract:

23) How much time was lost during the last two (2) years from strikes?

Total Man Days Total Calendar Days:

Explain Cause:

GMC PROJECT NO. CATL230031 00 45 00-11

PART II - GENERAL FINANCIAL INFORMATION:

1) Give total contract value of work accomplished by your organization in each of the last three (3) years:

20 - $ 20 - $ 20 - $

2) Give contract value of work now pending award to your organization:

$ State amount requiring bond if awarded: $

3) Give the value of any judgments or liens outstanding against your organization:

Explain:

4) Give names of Surety Companies & Agent under which you have functioned within the last three (3) years:

5) Estimate your maximum bonding capacity: $

How much is unencumbered as of this date? $

6) Has any Surety Company refused to write you a bond on any construction work?

If yes, explain:

7) What is the dollar value of the largest project you consider your organization is qualified to undertake?

END OF SECTION 00 45 00

GOODWYN MILLS CAWOOD, LLC NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

GMC PROJECT NO. CATL230031 00 48 00-1

State of

County of

, being first duly sworn, deposes and says that:

(1) He is (owner, partner, officer, representative, or agent) of the Bidder that has submitted the attached Bid;

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; including Section 36-91-21 (a) and other relevant parts of the Georgia Code.

(3) Such Bid is genuine and is not a collusive or sham Bid;

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

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

(Signed)

Title

Subscribed and sworn to before me…