J_27691_0082 Addendum 2.pdf

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Attached to
Bryan County I-16 Interstate Center Water Well Upgrades
Solicitation number
PE-77523-NONST-2024-000000014
Issued by
Brooks County, Georgia

About this file

This document is an addendum to a request for proposals (RFP) issued by the Bryan County Board of Commissioners for the Bryan County I-16 Interstate Centre Water Well Upgrades project. The project consists of replacing the existing well pump with a 620 GPM well pump, performing electrical control upgrades, and installing new SCADA controls. The bid submittal deadline is March 5, 2024 at 10:00 AM. A pre-bid conference will be held on February 15, 2024. The project is to be substantially completed within 180 calendar days and fully completed within 240 calendar days.

The bid form has been revised to include new material quantities and bid items. Pricing is requested on a lump sum basis for the 620 GPM well pump and appurtenances, generator, and SCADA system. An allowance of $75,000 is included for the SCADA system. The contractor must be a licensed utility contractor in Georgia. Liquidated damages of $1,000 per day are specified for delays in substantial and final completion.

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Invitation To Bid_ Bryan County I_16 Intersta.pdf PDF
27691_0082 _ Addendum 1.pdf PDF

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BRYAN COUNTY I–16 INTERSTATE CENTRE WATER WELL UPGRADES

RFP NO. 27691.0082

PREPARED FOR:

BRYAN COUNTY BOARD OF COMMISSIONERS

THOMAS & HUTTON PROJECT NO.

J–27691.0082

ADDENDUM NO. 2 March 19, 2024

PART I – GENERAL:

This Addendum has been issued on behalf of Bryan County. The following information should be considered by prospective bidders in preparation of their proposals and are hereby incorporated into the Proposal Documents. Bidders shall be responsible for acknowledging receipt of this addendum in the Bid Form, Document 00 41 43. Failure to do so will result in the proposal being considered nonresponsive.

PART II – TECHNICAL SPECIFICATIONS:

Section 00 11 16 – Invitation to Bid has been revised. Delete section 2 and replace with the following:

2. The project consists of the following generally described work:

The replacement of the existing well pump with a 620 GPM well pump, electrical control upgrades, and new SCADA controls.

Section 00 41 43 – Bid Form has been revised. Delete section 4 and replace with the following:

1. The entire Section 00 41 43 – Bid Form has been revised. Delete and replace with the attached Section 00 41 43 – “Bid Form”. The new Section 00 41 43 includes new material quantities as well as bid items and shall be marked as “revised per Addendum No. 2 – March

19, 2024”.

2. Bidder must use the enclosed form. NO OTHER FORM SHALL BE ACCEPTED.

Section 00 43 13 – Bid Security Form has been revised. Delete the “PROJECT” section and replace with the following:

Bryan County I–16 Interstate Centre Water Well Upgrades – The replacement of the existing well pump with a 620 GPM well pump, electrical control upgrades, and new SCADA controls.

Section 00 51 00 – Notice of Award has been revised. Delete the “FOR” section and replace with the following:

FOR: The replacement of the existing well pump with a 620 GPM well pump, electrical control upgrades, and new SCADA controls.

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Section 00 52 43 – Agreement Form has been revised. Delete the “Bryan County I–16 Interstate Centre

Water Well Upgrades” section and replace with the following:

Section 00 55 00 – Notice to Proceed has been revised. Delete the “FOR” section and replace with the

Section 00 80 00 – Special Conditions has been revised. Delete the “SC–1 DESCRIPTION OF THE WORK” section and replace with the following:

The work consists of the replacement of the existing Interstate Centre Well pump with a

620 GPM well pump, electrical control upgrades, and new SCADA controls. and incidental construction in accordance with the plans and specifications.

Section 01 11 00 – Summary of Work has been revised. Delete section 1.3A, 1 and replace with the

1. Bryan County I–16 Interstate Centre Water Well Upgrades: The replacement of the existing well pump with a 620 GPM well pump, electrical control upgrades, and new SCADA controls.

Section 01 22 00 – Unit Prices has been revised. Delete in its entirety and replace with attached

Section 01 22 00 – Unit Prices.

Section 33 11 13 – Potable Water Supply Wells has been revised. Delete section 1.1A and replace with the following:

The work to be done under this section covers the replacement of the existing well pump with a 620 GPM well pump, electrical control upgrades, and new SCADA controls.

Section 33 11 13.10 – Potable Water Supply Well Head Piping has been revised. Delete section 2.1B and replace with the following:

B. Submersible Well Pumps – The pumps to be installed in the well shall be a motor driven, deep well pump suitable for continuous operation at a minimum of 620 gpm @ 260 ft. of TDH. With

100 Hp motor. The pump shall be manufactured by Peerless model 8HXB or approved equal.

The total pumping head does not include losses in the pump which must be included when selecting the pump.

Section 33 11 13.10 – Potable Water Supply Well Head Piping has been revised. Delete in its entirety and replace with attached Section 33 11 13.10 – Potable Water Supply Well Head Piping.

PART III–DRAWINGS:

The following sheets have been revised:

1. Sheet CS has been revised to reflect modified drawings in Addendum 2.

2. Sheet C0.1 has been revised to include the additional installation of the 4” magmeter, the removal of the existing inline compound meter, and the change in pump capacity to 620 gpm.

3. Sheet E1.1 has been revised to show electrical required for magmeter.

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PART IV – QUESTIONS AND CLARIFICATION:

1. Q: Are there any piping, site, or building changes?

A: The new pump will be connected to the existing piping and operate with the existing building and site condition. A new magnetic flow meter will be installed and the existing inline flow meter is to be removed. The existing site and building are to remain the same.

2. Q: The specs appear to be typical spec for new well & pump. This well is existing, therefore we cannot guarantee its capacity nor amount of sand and sediment. A video is probably a good idea, but [we] want [confirm] since this appears to be typical new well spec. Not sure if

24–hour test of existing at 1350 gpm is achievable in 10” well.

A: The capacity of the new well pump has been decreased to 620 gpm.

3. Q: Is “certified curves”, on page 33 11 13.10– 2, referring to the actual pump or published curve form mfg? Is National Pump acceptable? How much drop pipe is to be installed? At what depth is the pump set? This spec appears to be for a line shaft pump. Can the drop pipe be in 20’ lengths?

A: According to 33 11 13.10– 2, section B the certified curves are to be “furnished by the pump manufacturer”. The National Pump requested must be equivalent to the Peerless model 8HXB; a written application including supportive technical data shall be submitted to the engineer for pump approval (see specs page 00 80 00–5). No additional drop pipe is necessary. The pump will be attached to the existing column.

4. Q: Is the new electrical to be installed inside the existing building? Certain equipment and enclosure lead times remain very long. We are currently over 6 months waiting for a simple manual transfer switch in a SS enclosure; and are told at least 2 more months.

A: New electrical will be installed both inside and outside the existing building. See construction plans sheet E1.1.

5. Q: Is the existing system to remain fully or partially operational during construction?

A: The existing system is to remain operational during as much of the construction as possible.

Any and all instances where the existing system is to be out of service shall be coordinated with Bryan County.

6. Q: The project title mentions SCADA, we do not find SCADA in the specs. Please advise.

A: Please see page 01 22 00–4, “Contractor shall be responsible for procuring the services to design, furnish, install, commission, program, and calibrate SCADA/Telemetry System”.

7. Q: What controls the new system? Or is the existing controller to be re–used?

A: The existing motor controller will be replaced with a new motor controller per notes D4 and

15 on page E1.1 in the construction plans.

8. Q: Is the existing chemical system to remain in place be re–used?

A: Yes, the existing chemical system will be reused with the new pump.

9. Q: Typically, municipal pumps of this nature use cast column couplings with drop in stainless steel retainers. Would this be acceptable? I see where drop in bronze retainers is mentioned later in the spec but that would not be a “combination coupling”.

A: It is acceptable to use cast column couplings with drop in stainless steel retainers.

10. Q: The pump manufacturers have expressed they cannot meet the friction loss of 5 feet per

100 feet in 6” column. This does have a friction loss factor larger than what is ideal, but if we were to use 8” pipe there would not be any room for airlines or any other down hole devices.

A: The capacity of the new well pump has been decreased to 620 gpm to help minimize the friction loss.

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11. Q: The column pipe spec first mentions it is to be made of carbon steel which is standard.

Later in the spec it mentions 410 stainless steel. Was the 410 stainless in reference to the shafting?

A: The mention of 410 stainless steel has been removed from specification 33 11 13.10.

12. Q: What is the total pump setting you are looking for?

A: The pump shall be 620 gpm at 260 ft of total dynamic head. Please see the existing well data sheet attached to this addendum.

All other aspects of the project remain unchanged.

THOMAS & HUTTON ENGINEERING CO.

Matthew Frazier, PE

Project Manager

End of ADDENDUM NO. 2

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Revised per Add 2.doc

REVISED PER ADDENDUM #2

DOCUMENT 00 11 16

INVITATION TO BID

Legal Notice

1. Sealed proposals for Bryan County I–16 Interstate Centre Water Well Upgrades owned by

The Bryan County Board of Commissioners will be received at the Bryan County

Administration Building, 2nd floor, located at 66 Captain Matthew Freeman Drive, Richmond Hill, GA 31324 until 10:00 AM on March 5, 2024 at which time they will be publicly opened.

2. The project consists of the following generally described work:

3. Plans and Specifications are to be obtained from Thomas & Hutton Engineering Co., (issuing office) at 50 Park of Commerce Way, Savannah, Georgia, 31405 upon payment of $50.00 (plus shipping charges as applicable). The payment is non–refundable.

Contact Karen Smulski at smulski.k@tandh.com to request plans and specifications. Only

Bidders who obtain documents for Thomas & Hutton (issuing office) shall be placed on the plan holder list and allowed to submit bids.

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

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

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

5. Owner reserves the right to reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes it would not be in the best interest of the

Project to make an award to Bidder, whether because the Bid is not responsive or the

Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner.

6. A Pre–Bid Conference will be held on Thursday, February 15, 2024 at 10:00 AM at the

Bryan County Administration Building, 2nd floor, located at 66 Captain Matthew Freeman

Drive, Richmond Hill, GA 31324. All prospective bidders are encouraged to attend. Last day for Questions to submit in writing shall be Thursday, February 22, 2024, at 5:00 PM.

7. The Contractor, or any subcontractor, submitting a bid for utility contracting, as defined in O.C.G.A. Section 43–14–2 to a utility system as defined in said section, shall conform to

O.C.G.A. Section 43–14–8.2 et seq. with reference to Utility Contractor’s Licenses and shall submit the bid with the license numbers, as issued by the Division of Utility

Contractors, affixed on the outside of the bid envelope as provided by O.C.G.A. Section

43–14–8.2(h). Utility contracting means a proposal to perform utility work, the depth of mailto:smulski.k@tandh.com

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REVISED PER ADDENDUM #2

which exceeds five feet, to a utility system as defined in O.C.G.A. Section 43–14– 2(17). A utility contractor license will be required for this project.

The Bryan County, Georgia Board of Commissioners

END OF INVITATION TO BID

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Form - Revised per Addendum No. 2 – March 19, 2024 .doc

DOCUMENT 00 41 43

BID FORM

PROJECT IDENTIFICATION: Bryan County

I–16 Interstate Centre Water Well Upgrades

CONTRACT IDENTIFICATION

AND NUMBER: J–27691.0082

THIS BID IS SUBMITTED TO: The Bryan County Board of Commissioners

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and 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 day of Bid opening, or for such longer period of time BIDDER may agree to in writing upon request of OWNER.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

a. BIDDER has examined and carefully studied the Plans and Specifications for the work and contractual documents relative thereto, and has read all Technical

Provisions, Supplementary Conditions, and General Conditions, furnished prior to the opening of Bids and can fulfill the requirements of the work to be performed.

b. BIDDER further acknowledges hereby receipt of the following Addenda:

ADDENDUM NO. DATE

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

d. BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and

Regulations possibly affecting cost, progress, performance and furnishing of the

Work.

00 41 43–2

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e. BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structure at or contiguous to the site

(except underground Facilities) have been identified in the Supplementary

Conditions. BIDDER acknowledges such reports and drawings are not Contract

Documents and may not be complete for BIDDER’s purposes. BIDDER acknowledges OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the

Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions

(surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance and furnishing of the

Work in accordance with the times, price and other terms and conditions of the

Bidding Documents.

f. BIDDER is aware of the general nature of Work to be performed by Owner and others at the site relating to Work for which this Bid is submitted as indicated in the

Bidding Documents.

g. 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.

h. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies BIDDER has discovered in the Bidding Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

i. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s):

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REVISED PER ADDENDUM #2

I–16 Interstate Centre Water Well Upgrades

620 GPM WELL PUMP

Item Description Quantity Units Unit Price Total

1 620 GPM Wellhead Pump & Appurtenances JOB LS LUMP SUM

2 Generator – Complete JOB LS LUMP SUM

3 Well SCADA – Complete JOB ALLOWANCE ALLOWANCE $ 75,000.00

4 Grassing JOB LS LUMP SUM

Sub–Total: 620 GPM WELL PUMP:

Sub–Total: 620 GPM WELL:

TOTAL PROJECT:

LUMP SUM BID PRICE:

I–16 Interstate Centre Water Well Upgrades:

(Use words)

(Figures)

Unit Prices have been computed in accordance with paragraph 11.03.C of the General

Conditions.

BIDDER acknowledges estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities determined as provided, determined as provided in the Contract Documents.

5. BIDDER agrees the Work will be substantially complete within 180 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the

General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 240 calendar days after the date when the Contract Times commence to run.

6. BIDDER accepts provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within times specified in the Agreement.

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

a. Required Bid Security in the form of 5 percent of the Bid Total Price.

8. The undersigned further agrees in case of failure on his/her part to execute the said contract and the Bond within 15 consecutive calendar days after written notice being given of the award of the contract, the check or bid bond accompanying this bid, and the monies payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure, otherwise, the check or bid bond accompanying this proposal

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Form - Revised per Addendum No. 2 – March 19, 2024 .doc

REVISED PER ADDENDUM #2

shall be returned to the undersigned.

9. Communications concerning this Bid shall be addressed to:

Thomas & Hutton Engineering Co.

50 Park of Commerce Way

Savannah, GA 31402

Attn: Matthew Frazier, P.E.

frazier.m@tandh.com

10. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions of Instructions.

SUBMITTED on , 2024.

BIDDER’S NAME

ADDRESS:

BY:

State Utility Contractor License No.

mailto:frazier.m@tandh.com

00 43 13–1

PENAL SUM FORM

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2.doc

DOCUMENT 00 43 13

BID SECURITY FORM

BIDDER (Name and Address):

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

OWNER (Name and Address):

The Bryan County Board of Commissioners

PO Box 430

Pembroke, GA 31321

BID

BID DUE DATE: 10:00 AM on March 5, 2024

PROJECT: Bryan County I–16 Interstate Centre Water Well Upgrades – The replacement of the existing well pump with a 620 GPM well pump, electrical control upgrades, and new SCADA controls.

BOND

BOND NUMBER: DATE:

(Not later than Bid Due Date)

PENAL SUM:

(5% of Bid Sum)

IN WITNESS WHEREOF, 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.

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: (1) Above addresses are to be used for giving required notice.

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

00 43 13–2

PENAL SUM FORM

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REVISED PER ADDENDUM #2

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.

2. Default of Bidder shall occur upon the failure of

Bidder to deliver within the time required by the

Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract

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 and Contract Document, 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 of 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 and any and all defenses based on arising out of any time extension to issue notice of award agreed to in writing by

Owner and Bidder, provided that the 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. Notice 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 the Bond conflicts with any applicable provision of 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.

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SECTION 00 51 00

NOTICE OF AWARD

Dated

TO:

(Bidder)

ADDRESS:

JOB NO.: J – 27691.0082

PROJECT: Bryan County I–16 Interstate Centre Water Well Upgrades

CONTRACT

You are notified your Bid dated , 2024, for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for:

‘Bryan County I-16 Interstate Centre Water Well Upgrades’ project as described above.

The Contract Price of your contract is:

Dollars

3 copies of each of the proposed Contract Documents (except drawings) accompany this Notice of Award.

3 sets of the Drawings will be delivered separately or otherwise made available to you immediately.

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REVISED PER ADDENDUM #2

You must comply with the following conditions precedent within 15 days of this Notice of

Award, which is by , 2024.

1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the page.

2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (Article 8), General Conditions (paragraph

5.01) and Supplementary Conditions.

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

Within ten days after you comply with the above conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

THE BRYAN COUNTY BOARD OF COMMISSIONERS

OWNER

By:

(Title)

ACCEPTANCE OF AWARD

CONTRACTOR

By:

(Authorized Signature)

(Title)

(Date)

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DOCUMENT 00 52 43

AGREEMENT FORM

THIS AGREEMENT is dated as of the day of in the year 2024 by and between BRYAN COUNTY BOARD OF COMMISSIONERS (hereinafter called OWNER) and

(hereinafter called CONTRACTOR).

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

ARTICLE 1 WORK

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

Work is generally described as follows:

Bryan County I–16 Interstate Centre Water Well Upgrades:

ARTICLE 2 ENGINEER

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

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

ARTICLE 3 CONTRACT TIMES

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

3.1 The Work will be substantially completed within 180 days after the date when the

Contract Times commence to run as provided in paragraph 2.03 of the General

Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 240 days after the date when the Contract Times commence to run. Included in the contract times are 10 days for rain delay. Time delays due to rain in excess of the above days shall be reported by the Contractor to the Engineer in writing, within 30 days of each event.

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

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

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

ARTICLE 4 CONTRACT PRICE

4.1 UNIT PRICE WORK

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

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

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

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

(dollars), $

(use words) (figures)

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

ARTICLE 5 PAYMENT PROCEDURES

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

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

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

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

Requirements.

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

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

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

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

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

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

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

14.02.A.1 of the General Conditions).

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

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

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

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

ARTICLE 6 INTEREST

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

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

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS

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

7.1 CONTRACTOR has examined and carefully studied the Contract Documents

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

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

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

7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical

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

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

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

CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract

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

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

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

7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies CONTRACTOR has discovered in the Contract

Documents and the written resolution thereof by ENGINEER is acceptable to

CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8 CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and

CONTRACTOR concerning the Work consist of the following:

8.1 Invitation to Bid (Pages 00 11 16–1 to 00 11 16–2, inclusive)

8.2 Instructions to Bidders (pages 00 21 13–1 to 00 21 13–8, inclusive)

8.3 Bid Form (pages 00 41 43–1 to 00 41 43–4, inclusive)

8.4 Bid Security (pages 00 43 13–1 to 00 43 13–2, inclusive)

8.5 Notice of Award (pages 00 51 00–1 to pages 00 51 00–2, inclusive)

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8.6 Agreement Form – Unit Price (Single – Prime Contract) (pages 00 52 43–1 to 00 52

43–7, inclusive)

8.7 Notice to Proceed (pages 00 55 00–1 to 00 55 00–2, inclusive)

8.8 Performance Bond (pages 00 61 13.13–1 to 00 61 13.13–6. Inclusive)

8.9 Payment Bond (pages 00 61 13.16–1 to 00 61 13.16–6, inclusive)

8.10 General Conditions (pages 00 72 00–1 to 00 72 00–62, inclusive)

8.11 Supplementary Conditions (pages 00 73 00–1 to 00 73 00–4, inclusive)

8.12 Special Conditions (pages 00 80 00–1 to 00 80 00–6, inclusive)

8.13 Summary of Work (pages 01 11 00–1 to 01 11 00–2, inclusive)

8.14 Unit Prices (pages 01 22 00–1 to 01 22 00–2, inclusive)

8.15 Submittal Procedures (pages 01 33 00–1 to 01 33 00–7, inclusive)

8.16 Quality Control (pages 01 45 00–1 to 01 45 00–4, inclusive)

8.17 Bidder’s Qualifications – GA Projects (pages 01 45 13–1 to 01 45 13–9, inclusive)

8.18 Testing and Inspecting Services (pages 01 45 23–1 to 01 45 23–4, inclusive)

8.19 Equipment Start Up (pages 01 75 15–1 to 01 75 15–2, inclusive)

8.20 Closeout Procedures (pages 01 77 00–1 to 01 77 00–5, inclusive)

8.21 Cleaning (pages 01 77 01–1 to 01 77 01–7, inclusive)

8.22 Operation and Maintenance Data (pages 01 78 23–1 to 01 78 23–4, inclusive)

8.23 Bonds (pages 01 78 33–1 to 01 78 33–2, inclusive)

8.24 Warranties (pages 01 78 36–1 to 01 78 36–2, inclusive)

8.25 Technical Specifications consisting of 3 sections, as listed in the Table of Contents.

8.26 Drawings consisting of sheets CS through E1.1 with each sheet bearing the following general title:

Sheet Description Job No.

CS Cover Sheet 27691.0082

G0.1 General Notes 27691.0082

C0.1 Site Plan 27691.0082

E1.1 Electrical Plans 27691.0082

8.27 Addenda numbers to , inclusive.

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Exhibits to this Agreement:

a. CONTRACTOR's Bid (page through page inclusive) marked

“Exhibit ______.”

b. Documentation submitted by CONTRACTOR prior to Notice of Award

(pages to , inclusive).

c. Any modification, including Change Orders, duly delivered after execution of Agreement.

There are no Contract Documents other than those listed above in this Article 8. The Contract

Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions.

ARTICLE 9 MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General

Conditions will have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract

Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys becoming due and moneys due, may not be assigned without such consent

(except to the extent the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision coming as close as possible to expressing the intention of the stricken provision.

ARTICLE 10 OTHER PROVISIONS

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in five counterparts. Two counterparts each have been delivered to OWNER and CONTRACTOR and one counterpart to ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by ENGINEER on their behalf.

This Agreement will be effective on , 20 (which is the Effective Date of the Agreement).

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OWNER Bryan County Board of Commissioners CONTRACTOR

BY (typed) BY (typed)

BY BY

ATTEST ATTEST

Address for giving notices Address for giving notices

66 Captain Matthew Freeman Drive

Richmond Hill, GA 31324

License No.

Agent for service of process:

CORPORATE SEAL CORPORATE SEAL

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Section 00 55 00

NOTICE TO PROCEED

Dated:

TO:

(Bidder)

ADDRESS:

JOB NO.: J– 27691.0082

PROJECT: Bryan County I–16 Interstate Centre Water Well Upgrades

CONTRACT

You are notified the Contract Times under the above contract will commence to run on ___________, 20___. By such date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion and completion and readiness for final payment are _______________, 20__ and ______________, 20__, respectively.

Before you may start any Work at the site, paragraph 2.01 of the General Conditions provides you and OWNER must each deliver to the other (with copies to ENGINEER and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents.

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Before you may start any Work at the site, you must have submitted the following: Certificate of

Insurance, Performance Bond, and Payment Bond.

Bryan County Board of Commissioners

OWNER

By:

ACCEPTANCE OF NOTICE TO PROCEED

CONTRACTOR

By:

(Authorized Signature)

(Date)

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DOCUMENT 00 80 00

SPECIAL CONDITIONS

SC–1 DESCRIPTION OF THE WORK: The work consists of the replacement of the existing Interstate

Centre Well pump with a 620 GPM well pump, electrical control upgrades, and new SCADA controls. and incidental construction in accordance with the plans and specifications.

SC–2 COMMENCEMENT AND COMPLETION OF WORK: The Contractor shall commence work within

15 days after Notice to Proceed is issued. Work shall be substantially completed one hundred eighty (180) days after the date when the Contract Times commence to run, as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within two hundred forty (240) days after the date when the Contract Times commence to run.

If the Contractor fails to prosecute the work with such diligence as will insure the completion of each portion of the work within the time shown on the above schedule, plus any extensions made in accordance with Article 12 of the General Conditions; and, if the Owner does not exercise reservations as set forth in Article 13 of the General Conditions, the

Contractor shall continue the work in which event liquidated damages for the delay will be impossible to determine. In lieu thereof, liquidated damages in the amount of $1,000.00 per each day beyond substantial and $1,000.00 per day after completion.

SC–3 DRAWINGS: The work shall conform to the following drawings, all of which form a part of, and are included in, these specifications and are available in the office of Thomas & Hutton

Engineering Co., 50 Park of Commerce Way, Savannah, Georgia 31405.

Sheet Description Job No.

CS COVER SHEET 27691.0082

G0.1 GENERAL NOTES 27691.0082

C0.1 SITE PLAN 27691.0082

E1.1 ELECTRICAL PLAN 27691.0082

SC–4 LAYOUT OF WORK: Control lines and master benchmarks will be furnished by the Owner. The

Contractor will lay out work and will be responsible for all measurements in connection therewith.

SC–5 OBSERVATIONS AND TESTS: Before acceptance of the whole or any part of the work, it shall be subjected to observation and tests to determine it is in accordance with the plans and specifications. The Contractor will be required to maintain all work in a first class condition for a 30 day operating period after the same has been completed as a whole and the

Engineer has notified the Contractor in writing the work has been finished. The Contractor

Bryan County Board of Commissioners shall pay for all testing and shall engage a mutually acceptable laboratory or qualified individual to conduct the tests in accordance with these specifications. No portion of the work will be accepted until tests prove it has been satisfactorily completed. The Contractor shall give the Project Engineer or Project

Representative a minimum of 48 hours notice for all required observations or tests.

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SC–6 BONDS: The Performance Bonds in the amount of 100% of the contract amount and

Payment Bonds in the amount of 100% of the contract amounts shall be furnished in accordance with Article 5 of the General Conditions.

SC–7 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: The Contractor shall not commence work under this contract until obtaining all the insurance required under this paragraph and such insurance has been accepted by the Owner, nor shall the Contractor allow any

Subcontractor to commence work on a subcontract until the insurance required of the

Subcontractor has been so obtained and accepted.

a. Compensation and Employer's Liability Insurance: The Contractor shall take out and maintain during the life of the contract the statutory Worker's

Compensation and Employer's Liability Insurance for all of its employees to be engaged in work on the project under the contract and, in case and such work is sublet, the Contractor should require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged in such work.

b. Bodily Injury Liability and Property Damage Liability Insurance: The

Contractor shall take out and maintain during the life of the contract Bodily

Injury Liability and Property Damage Liability Insurance to protect itself and any Subcontractor performing work covered by the contract from claims for damages or personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under the contract, whether such operations be by the Contractor, Subcontractor, or anyone directly or indirectly employed by either of them and the amount of such insurance should be not less than:

(1) Bodily Injury Liability Insurance, in an amount not less than

$1,000,000.00 for injuries, including wrongful death to any one person and subject to the same limit for each person in an amount not less than $2,000,000.00 on account of one accident. Contractual liability should be endorsed on the policy.

(2) Property Damage Insurance in an amount not less than $1,000,000.00 for damages on account of any one accident, and in an amount not less than $2,000,000.00 for damages on account of all accidents.

c. Builder's Risk Insurance (Fire and Extended Coverage): The Contractor shall have adequate fire and standard extended coverage, with a company or companies acceptable to the Owner, in force on the project.

The provisions with respect to Builder's Risk Insurance shall in no way relieve the Contractor of its obligation of completing the work…

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