JCA Apron Rehab _ IFB CONTRACT DOCUMENTS.pdf

CONTRACT DOCUMENTS

AND TECHNICAL SPECIFICATIONS

FOR IMPROVEMENTS TO

JACKSON COUNTY AIRPORT

JEFFERSON, GEORGIA

WEST APRON PAVEMENT REHABILITATION

GDOT Project No. AP___-____-__(___) Jackson Kimley-Horn Project No. 017999000

JANUARY, 2025

Jackson County Airport January 2025 West Apron Pavement Rehabilitation Kimley-Horn Project No. 017999000

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Page Intentionally Blank

Table of Contents iii

Table of Contents

NOTICE TO BIDDERS

Advertisement for Bids

INSTRUCTIONS TO BIDDERS

General Definitions Prequalification’s of Bidder Bid Guarantee of 5% Performance and Payment Bonds of 5% Authority to Sign Non-Collusion Disadvantaged Business Enterprise (DBE) Bidder’s Representations Bidding Documents and Plan Holders List Interpretations and Addenda Contract Time Liquidated Damages Project Schedule Codes, Permits, Fees, Licenses and Law Subcontractors, Suppliers, and Others Georgia Security and Immigration Compliance Act Systematic Alien Verification for Entitlements (SAVE) Program Wage Rates Preparation of Bid Bid Forms and Schedules Estimated Quantities Substitute or “or equal” Items Examination of Plans, Specifications and Site Submission of Bids Modification and Withdrawal of Bids Opening of Bids Bids Remain Subject to Acceptance Rights Reserved Award of Contract Cancellation of Award Execution of Agreement Project Funding Prompt Payment Indemnification Copies Furnished Drawings and Specifications on the Site Sanitary Provisions Safety

Table of Contents iv

Responsibility Testing – General Design, Standards and Practices Claims Manufacturer’s Certification and Delivery Tickets Statement of Warranty Construction Operations Plan Contractor as Independent Contractor Assignment Performance of Contract Failure to Comply with Provisions Default and Termination

PROPOSAL DOCUMENTS

BID PROPOSAL

BID PROPOSAL FORM

DESIGNATION OF SUBCONTRACTORS AND SUPPLIERS

BID PROPOSAL GUARANTEE (5%)

BID PROPOSAL GUARANTEE BOND (5%)

CERTIFICATE OF CORPORATE BIDDER

CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY CORPORATION, PARTNERSHIP OR SOLE

OWNER

BIDDER’S QUALIFICATION STATEMENT

DISADVANTAGED BUSINESS ENTERPRISE

BIDDER COMPLIANCE STATEMENT / CERTIFICATION REGARDING EQUAL EMPLOYMENT

OPPORTUNITY

BUY AMERICA CERTIFICATION

CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (NON-PROCUREMENT)

NONCOLLUSIVE BIDDING CERTIFICATION

CONSTRUCTION SAFETY AND PHASING PLAN (CSPP) COMPLIANCE CERTIFICATION

CONTRACTOR – GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT AND

AGREEMENT

SUBCONTRACTOR - AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(3)

SAVE AFFIDAVIT

TRADE RESTRICTION CERTIFICATION

CERTIFICATION REGARDING LOBBYING

CERTIFICATION OF BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS

CHECKLIST FOR BID DOCUMENTS

CONTRACT DOCUMENTS

NOTICE OF INTENT TO AWARD

CONTRACT AGREEMENT

CERTIFICATE OF CORPORATE AUTHORITY

CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY CORPORATION, PARTNERSHIP OR SOLE

OWNER

PERFORMANCE BOND

Table of Contents v

LABOR AND PAYMENT BOND

CERTIFICATE OF INSURANCE - OWNER

CERTIFICATE OF INSURANCE - GDOT

NOTICE TO PROCEED

APPLICATION AND CERTIFICATE FOR PAYMENT

CERTIFICATE OF SUBSTANTIAL COMPLETION

CONTRACTOR’S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN

CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS

CONSENT OF SURETY TO FINAL PAYMENT

AIRPORT IMPROVEMENT PROGRAM (AIP) CONTRACT PROVISIONS

1. Access to Records and Reports

2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

3. Breach of Contract Terms

4. Buy American Preference

5. General Civil Rights Provisions

6. Civil Rights – Title VI Assurance

7. Clean Air and Water Pollution Control

8. Contract Workhours and Safety Standards Act Requirements

9. Copeland “Anti-Kickback” Act

10. Davis-Bacon Requirements

11. Debarment and Suspension

12. Disadvantaged Business Enterprise

13. Distracted Driving

14. Prohibition on Certain Telecom and Video Surveillance Service or Equipment

15. Drug Free Workplace Requirements

16. Equal Employment Opportunity (EEO)

17. Federal Fair Labor Standards Act (Federal Minimum Wage)

18. Lobbying and Influencing Federal Employees

19. Prohibition of Segregated Facilities

20. Occupational Safety and Health Act of 1970

21. Procurement of Recovered Materials

22. Right to Inventions

23. Seismic Safety

24. Tax Delinquency and Felony Convictions

25. Termination of Contract

26. Trade Restriction Certification

27. Veteran’s Preference

FAA GENERAL CONTRACT PROVISIONS

Section 10 Definition of Terms Section 20 Proposal Requirements and Conditions Section 30 Award and Execution of Contract Section 40 Scope of Work

Table of Contents vi

Section 50 Control of Work Section 60 Control of Materials Section 70 Legal Regulations and Responsibility to Public Section 80 Execution and Progress Section 90 Measurement and Payment

SPECIAL CONTRACT PROVISIONS

Section 10 General Requirements Section 20 Submittals Section 30 Sequence of Construction and Liquidated Damages

TECHNICAL SPECIFICATIONS

SPECIAL SPECIFICATIONS

Item M-101 Aircraft Tie Down

GDOT SPECIFICATIONS

Section 402 Hot Mix Recycled Asphaltic Concrete Section 415 Asphaltic Concrete Open Graded Crack Relief Interlayer Section 441 Miscellaneous Concrete Section 600 Controlled Low Strength Flowable Fill Section 828 Hot Mix Asphaltic Concrete Mixtures

FAA GENERAL CONSTRUCTION ITEMS

Item C-100 Contractor Quality Control Program (CQCP) Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control Item C-105 Mobilization

FAA SITEWORK

Item P-101 Preparation/Removal of Existing Pavements Item P-152 Excavation, Subgrade, and Embankment

FAA SURFACE TREATMENTS

Item P-608 Emulsified Asphalt Seal Coat

FAA MISCELLANEOUS

Item P-603 Emulsified Asphalt Tack Coat Item P-605 Joint Sealants for Pavements Item P-620 Runway and Taxiway Marking

FAA DRAINAGE

Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes

FAA TURFING

Item T-901 Seeding Item T-905 Topsoil Item T-908 Mulching

APPENDIX A: EROSION AND SEDIMENT CONTROL FORMS ................................................................. A-1 APPENDIX B: CONSTRUCTION SAFETY AND PHASING PLAN (CSPP) ..................................................... B-1 APPENDIX C: OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION - AC 150/5370-2G ........ C-1

Advertisement for Bids – Notice to Bidders 1

NOTICE TO BIDDERS

Advertisement for Bids

Sealed bids will be received by the Jackson County Airport Authority, Jefferson, Georgia at the Jackson County Government Finance Department by Kenneth Morris, Purchasing Manager, 4965 Jackson Parkway, Jefferson, GA, 30549 on Friday, February 28th, 2025, until 10:00 AM Local Time at which time all bids received will be publicly opened and read aloud for the improvements to the Airport as listed herein. Bids received after the bid opening will not be accepted.

Bids must be sealed envelopes with the bidder’s name, full mailing address, and General Contractor License Number shown as the return address. Sealed envelopes shall be marked as follows: “BID ENCLOSED – West Apron Pavement Rehabilitation, Jackson County Airport, Jefferson, Georgia. Project No.

017999000.” and mailed or hand delivered prior to the bid opening date and time to:

Jackson County Finance Department Kenneth Morris, Purchasing Manager

4965 Jackson Parkway Jefferson, GA, 30549

Please note that bids will only be considered by those bidders and subcontractors currently pre-qualified with the Georgia Department of Transportation. Bids will be required to remain open for acceptance or rejection for one-hundred and twenty (120) calendar days after the date of opening of bids.

A non-mandatory Prebid meeting is being held on this project to discuss as a minimum, the following items: material requirements; submittals; Quality Control/Quality Assurance requirements; the construction safety and phasing plan including airport access and staging areas; and unique airfield paving construction requirements. The non-mandatory Prebid meeting will be held in the Terminal Conference Room at the Jackson County Airport, 500 Sky Harbor Way, Jefferson, GA 30549, on Monday, February 17th, 2025 at 2:00 PM Local Time.

PROJECT DESCRIPTION

The work consists of furnishing all labor, equipment, and materials and performing all work in strict accordance with the plans and specifications for:

WEST APRON PAVEMENT REHABILITATION

The location of the work is at the Jackson County Airport, Jefferson, Georgia.

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

Advertisement for Bids – Notice to Bidders 2

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

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

All work under the contract shall be completed within SIXTY (60) Calendar Days from the issuance of the notice to proceed.

Liquidated Damages: Liquidated damages for delays in completion will be Five Hundred Dollars ($500.00) per calendar day.

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

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

the Document Processing Center, Construct Connect:

- 3825 Edwards Rd., Suite 800, Cincinnati, Ohio 45209 and the Airport location or Sponsor’s Office:

- 500 Sky Harbor Way, Jefferson, GA 30549

They may be examined at these offices without charge.

Bidder may request a complete electronic copy of the Bidding Documents and join the Plan Holders List by email to the Engineer:

· Rebecca Collins at Rebecca.Collins@kimley-horn.com

No prints or sets of drawings will be issued by the Owner. Cost of reproduction for printing shall be paid by the Bidder. All Bidders must be on the plan holders list in order to be considered for work on the project. Addenda and additional information will only be provided to those contractor’s on the plan holders list.

IMPORTANT NOTICE TO BIDDERS

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

Buy American Preferences (Title 49 USC, Chapter 501) All acquired steel and manufactured products installed under the AIP assisted project must be produced in the United States.

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

Advertisement for Bids – Notice to Bidders 3

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

Davis-Bacon Act (DOL Regulation 29 CFR Part 5)

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

DBE OBLIGATION. The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract 9.91% percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged including: women, African American, Hispanics, and Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. The apparent successful competitor will be required to submit, with the bid, information concerning the DBE’s that will participate in this contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide, with the bid, documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non-responsive.

Contractor and Subcontractor must state affirmatively that the firm has registered with and is participating in a federal work authorization program in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

Title VI Solicitation Notice:

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

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

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

Tom Strong, Airport Manager

Jackson County Airport Authority

Advertisement for Bids – Notice to Bidders 4

END OF ADVERTISEMENT

Instructions to Bidders 5

INSTRUCTIONS TO BIDDERS

General

Bidding Documents include the Legal Notice to Bidders, Instructions to Bidders, Proposal Requirements, Contract Documents, Airport Improvement Program (AIP) Contract Provisions, FAA General Contract Provisions, Special Contract Provisions, Technical Specifications, Appendices, and the Project Drawings, including any addenda issued prior to receipt of bids.

Addenda are written or graphic instructions issued prior to the execution of contract which modifies or interprets the Bidding Documents including Drawings and Specifications by addition, deletion, clarification, or correction. Addenda will become part of the Bidding Documents when the Construction Contract is executed.

Definitions

All definitions set forth in the FAA General Contract Provisions are applicable to the Bidding Documents.

Prequalification’s of Bidder

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

Evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, and a list of equipment and a list of key personnel that would be available for the work.

Each bidder shall furnish the Owner satisfactory evidence of their financial responsibility. Evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder’s financial resources and liabilities as of the last calendar year or the bidder’s last fiscal year.

Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether their financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to reflect the bidder’s true financial condition at the time such qualified statement or report is submitted to the Owner.

Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State Highway Division and are on the current “bidder’s list” of the state in which the proposed work is located. Evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above.

Bids will only be considered by those bidders and subcontractors currently pre-qualified with the Georgia DOT for work in the vicinity of the proposed work.

Instructions to Bidders 6

Bid Guarantee of 5%

Each Bid shall be accompanied by a Bid guarantee in the form of a deposit equal to five percent (5%) of the total bid (all Alternates). This deposit may be in cash, as cashier’s check issued by or a certified check drawn on a bank or trust company insured by the FDIC, or a U.S. money order; payable to the Owner.

The deposit will be retained by the Owner if the Bidder fails to execute the Contract or fails to give satisfactory surety as required and called for in the General Contract Provisions Section 30. Bids not accompanied by Bid guarantee will be considered irregular and will be rejected.

In lieu of making the cash deposit as stated above, the Bidder may submit with each bid, a Bid Bond in the penal sum of five percent (5%) of the total bid (all Alternates) executed by a corporate surety licensed to execute such bonds under the laws of the State of Georgia. A Bid Bond and its current Power-of- Attorney shall be attached to each bid submitted. The Owner reserves the right to reject any Bid when Bid Bond and its Power-of-Attorney are not attached to the Bid Proposal.

Bid Bonds shall be written on the Bid Bond included in the Bid Proposal or on AIA Document A-310.

These forms may be obtained from the local office supply or stationary store or may be ordered directly from the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006.

Cash, cashier’s check, certified check, or U.S. money order for all but the two (2) lowest bidders will be returned, within ten (10) days after bid opening, and these two (2) will be returned as soon as Award is made. Bid Bonds will not be returned.

Performance and Payment Bonds of 5%

A 100% performance bond and a 100% payment bond will be required of the Contractor at time of contract execution. A Georgia Resident Agent must countersign all bonds from a surety company authorized by law to do business in this State pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance; no bond shall be approved unless the surety is on the United States Department of Treasury’s list of approved bond sureties.

Performance bond(s) are due prior to contract execution as a guarantee of timely delivery and that equipment, materials and /or goods are delivered according to specifications. Payment bond(s) are due prior to contract execution to guarantee timely payment of invoices to any subcontractors.

Authority to Sign

The bidder shall correctly sign the proposal in ink. If the proposal is made by an individual, their name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer, and the corporate authority for doing business in this State. In the case of a Limited Liability Corporation a Certificate of Authority shall be executed by the Chief Officer certifying that he/she has the authority to execute contracts between the LLC and OWNER.. Anyone signing a proposal as an agent shall file evidence of their authority to do so and that the signature is binding upon the firm or corporation.

Instructions to Bidders 7

Non-Collusion

By submitting a bid in response to this solicitation, the Bidder represents that in the preparation and submission of this bid, said Bidder did not either directly or indirectly, enter into any combination or arrangement with any person, Bidder, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

Disadvantaged Business Enterprise (DBE)

The Contractor and/or its subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. The overall DBE goal for this project is 9.91%.

Bidder’s Representations

Before submitting a Bid, each Bidder will be responsible to make or obtain 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 and which may affect cost, progress, performance, or furnishings of the work and which Bidder deems necessary to determine its Bid.

· On written request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, tests, and studies. The Bidder should show evidence of insurance for their personnel and equipment while at the site and relieve the Airport Sponsor of any liability due to an accident.

Should other work be performed at the site by others, adjacent or near the area for which this Bid is to be submitted, then it will be this Contractor’s responsibility to coordinate its construction activities with others.

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article; that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) 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 resolution thereof by Engineer is 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 and for preparing the Bid.

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

Instructions to Bidders 8

Bidding Documents and Plan Holders List

Bidder may request a complete electronic copy of the Bidding Documents and join the Plan Holders List by email to the Engineer:

· Rebecca Collins at Rebecca.Collins@kimley-horn.com

No prints or sets of drawings will be issued by the Owner. Cost of reproduction for printing shall be paid by the Bidder. All Bidders must be on the plan holders list in order to be considered for work on the project. Addenda and additional information will only be provided to those contractor’s on the plan holders list.

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

the Document Processing Center, Construct Connect:

- 3825 Edwards Rd., Suite 800, Cincinnati, Ohio 45209 and the Airport location or Sponsor’s Office:

- 500 Sky Harbor Way, Jefferson, GA 30549

They may be examined at these offices without charge.

Interpretations and Addenda

All questions about the meaning or intent of the Bidding Documents are to be submitted by email to Rebecca Collins at Rebecca.Collins@kimley-horn.com. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda emailed or delivered to all recorded Bid Document holders. The deadline for submission of questions is five (5) days (weekends and holidays not included) prior to receipt of proposals. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It is the responsibility of each Bidder to verify receipt of all addenda before submitting the Bid. It is the responsibility of all sub-bidders, product suppliers, etc., to be familiar with and include in their price all addenda issued up to the time of bid opening.

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

· Neither the Owner nor the Engineer will be responsible for any communication with prospective Bidders or for any written confirmation of any oral communication submitted by any bidder, sub-bidder, product supplier, etc., to the Owner or Engineer.

Any binding interpretation will be made only by written addendum duly issued and a copy of such addendum will be emailed or sent to the addresses furnished by each Bidder. The Owner and Engineer shall not be responsible for the delivery of addenda nor shall they be accountable for the late delivery of addenda.

Neither the Owner nor the Engineer will be responsible for any other explanations or interpretations which anyone presumes to make on behalf of the Owner.

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

Instructions to Bidders 9

Contract Time

The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. Contract Time for this project is SIXTY (60) Calendar Days from issuance of notice to proceed.

Liquidated Damages

Liquidated damages for delays in completion will be Five Hundred Dollars ($500.00) per calendar day.

Project Schedule

A project schedule showing the work in the order proposed by the Contractor and the time required to complete each phase will be required before the signing of contract. This schedule shall include the dates for beginning and completion of all phases of the work. If, in the opinion of the Engineer, the Contractor falls behind in his schedule or will not be able to complete the project in the time limits, he may require the Contractor to revise his schedule and put additional manpower and equipment on the project if so ordered.

Notice to Proceed shall not be issued until the Engineer has approved the schedule in writing. Failure of the Contractor to comply with the schedule may be cause for withholding payments due the Contractor.

Codes, Permits, Fees, Licenses and Law

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

Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law, O.C.G.A. Section 43-41-17.

Subcontractors, Suppliers, and Others

Bidder shall submit with its Bid on the prescribed schedules the names and business addresses of each proposed Subcontractor and other persons and organizations (including those who are to furnish principle items of material and equipment) who will perform Work on the project. Qualifications of these sub-bidders and financial ability and verification of satisfactory past performance with prior clients may be required by the Owner. The Owner reserves the rights of not accepting any or all of the proposed Subcontractors solely based on Owner’s determination of Subcontractor’s qualifications. In such event, the Contractor is required to substitute for the proposed Subcontractor without an increase in bid price. The Bidder shall be responsible to determine if the State of Georgia Licensing Board requires license from any Subcontractor before any Work can be performed by such firms.

Instructions to Bidders 10

If apparent Low Bidder declines to make a substitution of Subcontractor, Supplier, person or organization not acceptable to Owner, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations.

Georgia Security and Immigration Compliance Act

Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300-10-02 are conditions of this bid and contract document. The Contractor further agrees that such compliance shall be attested by the Contractor and any of his Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and become a part of the Agreement between the Owner and the successful Contractor. The Affidavits must be provided to the Owner within five (5) business days of the Subcontractor being hired to work on the project.

Systematic Alien Verification for Entitlements (SAVE) Program

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

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

Wage Rates

The Work under these Bidding Documents is to be in compliance with Federal and State minimum prevailing wage rates. The Bidder shall pay not less than the higher rate indicated in either the Federal or the State wage rates for the respective crafts.

Preparation of Bid

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

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

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

Should a conflict be discovered within the Bidding Documents, the Contractor shall be deemed to have estimated the highest quality way of doing the work unless the Contractor shall have asked for and obtained a decision, in writing, from the Owner before entering into this Contract.

Bids shall include all sales taxes and other applicable taxes and fees.

Instructions to Bidders 11

Bid Forms and Schedules

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

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

BIDS by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown in the space provided.

BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. The address and telephone numbers to which communications regarding the BID are to be directed must be shown on the Bid Form.

All names must be typed or printed below the signatures. The individual OWNER and the terms “doing business” must sign BIDS by individuals or "sole OWNER" must appear under the signature.

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

Estimated Quantities

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

Substitute or “or equal” Items

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items.

Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

Examination of Plans, Specifications and Site

The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract.

The submission of a Bid shall be prima facie evidence that the Bidder has made such examinations as called for in the documents and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract and entire Project Drawings.

Instructions to Bidders 12

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

Submission of Bids

Bid Proposal and attachments included herein may be photocopied for submission of Bids. All blanks on the Bid Forms and schedules must be completed by permanent marking. Each Bid must be submitted on the prescribed form. The Bid Price must be stated in words and numerals or as indicated in the Bid Form.

All forms and certifications contained in the Bidding Requirements section of the Bidding Documents shall be enclosed in an opaque sealed envelope with the Bid security and other required documents.

Each Bidder shall indicate their correct name on the last page of the Bid Proposal above the signature.

Bids by individuals shall be signed by the person bidding. Bids by a construction company with a sole owner shall be signed in the name of the company by the Owner of the company. Bids by partnership shall show the full name of all partners and shall be signed in the name of the partnership by one (1) of the partners.

Bids by corporation shall indicate the legal name of the corporation followed by the name of the State of Incorporation and must be signed by either the President, or Secretary or one (1) of the other officers of the corporation. The signature of a person authorized as agent to bind any of the above will be acceptable provided the Bid is accompanied by a proper Power-of-Attorney. Bids by corporations shall have the corporation seal affixed adjacent to the signature and attested by the Secretary or Assistant Secretary of the corporation. The corporate address and state of incorporation shall be shown in the space provided.

All signatures shall be in ink and the name of the persons signing shall also be typed or printed below the signature followed by a title showing the relationship to the bidding organization such as: “Owner” in the case of a sole proprietor.

Each Bid with the Bid security and other required documents shall be submitted in an opaque sealed envelope and marked in the lower left-hand corner with information as follows:

1. Bidder’s Name: ________________________________________________________

2. Bid for: Jackson County Airport Authority

3. Project: West Apron Pavement Rehabilitation

If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope addressed to: Kenneth Morris, Purchasing Manager, Jackson County Government Finance Department, 4965 Jackson Parkway, Jefferson, GA 30549 and with the following notation on the face of it: “BID ENCLOSED – West Apron Pavement Rehabilitation, Jackson County Airport, Jefferson, GA.

Project No. 017999000.” If the Bid is hand delivered, the sealed envelope shall be enclosed with notation on the face of it as stated above and delivered to the Jackson County Government Finance Department, 4965 Jackson Parkway, Jefferson, GA 30549.

Instructions to Bidders 13

Submit Bids not later than the time prescribed, at the place, and in the manner set forth in these documents. Sealed Bids may be brought to the place of bidding by the Bidder and handed directly to the Owner prior to the opening time. Bids may be mailed to the place of bidding if they will be received prior to the Bid opening time. Bids received after opening time will not be opened. The Bidder alone is responsible for the delivery of its bid before opening time.

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

Modification and Withdrawal of Bids

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

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, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further consideration on the Work to be provided under the Bidding Documents.

Opening of Bids

Bids will be opened and (unless obviously nonresponsive) read aloud publicly. A summary of the amounts of the Bids will be made available to Bidders within seven (7) days after the date of Bid opening.

Bids Remain Subject to Acceptance

All Bids will remain subject to acceptance for the duration outlined in General Contract Provisions 30-02, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

Rights Reserved

The Owner reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals.

Discrepancies between words and figures will be resolved in favor of words. Also, Owner reserves the right to reject the Proposals of any Bidder if Owner believes that it would not be in the best interest of the Project to make any award to that Bidder, whether because the Proposal is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standards or criteria established by Owner. Discrepancies between the indicated sum or any column of figures and the correct sum thereof will be resolved in favor of the correct sum. On contract where unit prices are required, the right is reserved to increase or decrease the quantities specified, without changing the unit prices bid.

Instructions to Bidders 14

Award of Contract

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

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

· A properly executed Bid Bond.

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

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

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

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

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

· Has the appropriate and adequate technical experience required.

· Has adequate personnel and equipment to perform the work expeditiously

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

· Has a satisfactory record of performance.

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

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

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

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

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

Instructions to Bidders 15

Owner reserves the right to reject the Bid of any Bidder who does not pass any evaluation to Owner’s satisfaction.

If a contract is to award, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

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

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

If a contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within one-hundred and twenty (120) calendar days after the day of bid Opening, or such mutually agreeable extension of time.

Cancellation of Award

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

Execution of Agreement

All It is proposed that the Contract be awarded to the lowest responsive and responsible Bidder. Owner will send a letter to the Apparent Low Bidder requesting execution of the unsigned copies of the Contract Agreement and other appropriate documents and delivery of required bonds. Contractor shall sign and deliver the copies of the Contract Agreement and attached documents to Owner along with the required Bonds to the Owner within the timeframe outlined in General Contract Provisions 30-06. If all the documents are satisfactory, all other conditions and requirements are met, and all aspects are in the Owner’s best interest; Owner will deliver two fully executed copies to Contractor within ten (10) business days thereafter. Delivery of the fully executed copies to Contractor shall constitute award of the Contract and indicate the Owner’s agreement to be bound by the Contract.

Should the Apparent Low Bidder default by not signing the Contract or furnishing surety as specified, then the next low Bidder in order of bid price shall be considered the Apparent Low Bidder. Should this bidder also default, then the next low Bidder shall be considered, etc. In each case, the Bidder who defaults shall forfeit its Bid guarantee.

Termination of Award Process: The Owner reserves the right to terminate the award process for any cause in Owner’s best interest, without liability to the Bidder except return of Bid guarantee, at any time before a Contract has been fully executed by all parties and delivered to the Contractor.

Project Funding

The Authority anticipates allocation of Local, FAA and State monies to fund the Project. The contract award is contingent on the availability of funding and concurrence of the FAA.

Instructions to Bidders 16

Prompt Payment

State of Georgia Statute § 13-11-4 – When a subcontractor has performed in accordance with the provisions of its subcontract and the subcontract conditions precedent to payment have been satisfied, the contractor shall pay to that subcontractor and each subcontractor shall pay to its subcontractor, within ten days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor’s work and materials based on work completed or service provided under the subcontract, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.

49 CFR § 26.29 – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non- DBE subcontractors.

Indemnification

The Contractor shall, at its…