NBC Water Main Extensions _ Addendum _3.pdf

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WATER MAIN EXTENSION - NORTH BRYAN COUNTY
Solicitation number
PE-77523-NONST-2026-000000069
Issued by
Brooks County, Georgia

About this file

This is Addendum No. 3 to the Request for Proposals for the North Bryan County Water Main Extension project issued by the Bryan County Board of Commissioners, with engineering support from Thomas & Hutton. The addendum clarifies key contract requirements and modifies specifications for the construction of approximately 14,350 linear feet of 30-inch water main along Interstate 16 in Bryan County, Georgia. The project scope includes horizontal directional drilling (HDD), jack and bore operations, butterfly valves, air release valves, fire hydrants, and associated appurtenances. The addendum confirms that bids will remain subject to acceptance for 90 days following the bid opening and adds a "Permanent Utility Access Earthen Corridor" as line item 24 in the bid form, measured at 1,140 linear feet with payment at a contract unit price per linear foot. A pre-bid conference was held on March 10, 2026, with the deadline for written questions established as March 17, 2026, at 5:00 P.M. The bid opening was scheduled for March 24, 2026, at 2:30 P.M. at the Bryan County Administration Building in Richmond Hill, Georgia. Substantial completion is required within 140 calendar days of contract commencement, with final completion within 178 calendar days.

The addendum addresses six major bidder questions regarding cell tower removal timing, Builder's Risk insurance requirements, utility corridor specifications, DBE/WBE compliance, Buy American versus Build America, Buy America (BABA) requirements, and burning protocols. Notably, Builder's Risk insurance is required for the project; the utility access corridor is confirmed as a permanent installation; DBE/WBE forms are required as goals rather than quotas under GEFA Supplemental General Conditions; materials must comply with the "Buy American Clause" encouraging domestic use; and burning is permitted with required permits from local authorities. The contract requires a 5% bid security and includes liquidated damages provisions. All work must comply with federal and state laws, the Occupational Safety and Health Act, and special environmental considerations for protected species including the Eastern Indigo Snake, Southern Hognose Snake, Monarch Butterfly, and Tricolored Bat. The project is funded through Georgia Environmental Finance Authority (GEFA) federal monies with Build America, Buy America Requirements mandating that all iron, steel, manufactured products, and construction materials be produced in the United States unless approved waivers are obtained.

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NORTH BRYAN COUNTY WATER MAIN EXTENSION

RFP NO. 27691.0082

PREPARED FOR:

BRYAN COUNTY BOARD OF COMMISSIONERS

THOMAS & HUTTON PROJECT NO.

J–27691.0082

ADDENDUM NO. 3 March 23, 2026

PART I – GENERAL:

This Addendum has been issued on behalf of the Bryan County Board of Commissioners. 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 – QUESTIONS AND CLARIFICATIONS:

Questions:

1. Q: What is the timeframe for the removal of the old cell tower?

A: Removal of the cell tower is being coordinated directly with JDA. There is no contractual timeline currently in place.

2. Q: Can the Builder’s Risk requirement be eliminated? Does not seem to be required for linework.

A: Builder’s Risk will be required for this project.

3. Q: Please provide a detail for the 15ft proposed utility access earthen corridor. Is this earthen corridor a permanent installation or temporary?

A: The proposed utility access earthen corridor is considered a permanent access corridor for the areas shown. The plans have been revised to reflect the installation type. Please see revised Section 01 22 00 – Unit Prices for additional clarification. A detail for the 15 ft proposed permanent utility access earthen corridor has been added to revised sheet C1.16.

4. Q: DBE/WBE: will this be required given the most recent decision at the federal level to eliminate the DBE program for construction projects?

A: As per GEFA Supplemental General Conditions, DBE/WBE forms and related documentation will be required to be submitted but are used as a “goal” and not a quota. Please refer to Section 00 90 00 – SRF Contract Conditions, Instructions, &

General Requirements for additional clarification.

5. Q: Buy American Clauses vs BABA: Buy American states encouragement to use domestic; BABA states it as a requirement to use domestic. Which one is it?

A: Materials required to complete this project shall confirm to the “Buy American

Clause,” which encourages to use domestic.

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6. Q: Will burning be allowed?

A: Burning will be permitted for this project. The Contractor is responsible for obtaining a burn permit and following all applicable requirements for such.

PART III – CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS:

Specification Sections to be revised:

SECTION 00 21 13 – INSTRUCTIONS TO BIDDERS

1. The following was revised under section 1.17 A:

“All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening...”

Updated Specification Section 00 21 13 – Instructions to Bidders is attached.

SECTION 00 41 43 – BID FORM

1. The following was revised under section 2:

“This Bid will remain subject to acceptance for 90 days after the day of Bid opening…”

2. Under section 4, “Permanent Utility Access Earthen Corridor” was added under line item 24 in the bid form.

Updated Specification 00 41 43 – Bid Form is attached.

SECTION 01 22 00 – UNIT PRICES

1. The following was added under 1.5, Section 31 25 00 – Erosion and Sedimentation Controls

(GA):

“B. Required wetland mats, as shown on the erosion control plans, shall be included in the lump sum for erosion, sedimentation, and pollution control. Payment shall include all necessary wetland mats or other temporary wetland access system that will not destroy roots or restricts water flow. Payment will also include removal of all wetland mats, silt fencing, erosion/sedimentation measures, restoring site to natural grade and allowing the disturbed area to grow back naturally. Contractor shall reference Owner’s USACE permit, once acquired.”

2. The following was added under 1.5, Section 33 10 00 – Water Utilities, B:

“16. Permanent Utility Access Earthen Corridor – Payment will be made at the contract unit price per linear foot. Payment will include clearing the corridor from existing vegetation and tree stumps except the areas indicated “wetlands” on construction plans. Payment will include all material, labor, compaction, testing and all incidentals to construct a compacted earthen access road as shown on the drawings.”

Updated Specification Section 01 22 00 – Unit Prices is attached.

SECTION 31 00 00 – SITE CLEARING

1. The following has been revised under section 3.5, Disposal:

“A. Disposal of trees, branches, snags, brush, stumps, etc., resulting from clearing and grubbing shall be the Contractor’s responsibility and may be disposed of by burning, removal from site, or a combination of both. All costs in connection with disposing of materials will be at the Contractor’s expense. Material disposed of by burning shall be burned in a manner avoiding all hazards, such as damage to

Z:\27691\27691.0082\Documents\Construction\Bid\Addenda\NBC WM\Addenda 3\Word Docs\NBC WM - Addendum 3.doc existing structures, construction in progress, trees, and vegetation. Contractor shall be responsible for compliance with all local and State laws and regulations relative to the building of fires. Disposal by burning shall be kept under constant attendance until fires have burned out or extinguished. All liability of any nature resulting from disposal of cleared and grubbed material shall become the

Contractor’s responsibility. Disposal of all materials cleared and grubbed will be in accordance with rules and regulations of the State of Georgia and Bryan

County. Contractor shall obtain a permit to burn on site from local fire department, before beginning the work.”

Updated Specification Section 31 00 00 – Site Clearing is attached.

PART IV – DRAWINGS

Revised sheets are attached as follows:

SHEET C0

1. Revised Sheet C0 is attached to this addendum. The cover sheet has been revised and includes a new revision date.

SHEET C1.9, C1.10

1. Revised Sheets C1.9 and C1.10 are attached to this addendum. Sheets C1.9 and C1.10 have been revised to show the 15’ proposed permanent utility access earthen corridor.

SHEET C1.15

1. Revised Sheet C1.15 is attached to this addendum. The “Water & Sewer Air Release Pedestal

Assembly” detail on sheet C1.15 has been revised.

SHEET C1.16

1. Revised Sheet C1.16 is attached to this addendum. A “15’ Proposed Permanent Utility Access

Earthen Corridor” detail has been added to sheet C1.16.

SHEET EC2.5, EC2.6

1. Revised Sheets EC2.5 and EC2.6 are attached to this addendum. Sheets EC2.5 and EC2.6 have been revised to callout “15’ Proposed Permanent Utility Access Earthen Corridor.”

All other aspects of the project remain unchanged.

End of ADDENDUM NO. 3

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DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 DEFINED TERMS

A. Terms used in these Instructions to Bidders which are defined in the Standard

General Conditions (EJCDC C–700, 2018) of the Construction Contract have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1. Bidder: One who submits a Bid directly to Owner as distinct from a sub– bidder, who submits a bid to a Bidder.

2. Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

3. Successful Bidder: The responsive, responsible Bidder to whom the Owner

(based on Owner’s evaluation as herein provided) makes an award.

4. Bid: A complete and properly executed package as described herein, whereby Bidder offers to execute work for the prices stipulated in Bid Form and submitted in accordance with the Bidding Documents.

5. Addenda: Graphic or written documents issued by Engineer prior to the opening of Bids issued to clarify, revise, add to, or delete information in the original bidding documents or in previous addenda.

1.2 COPIES OF BIDDING DOCUMENTS

A. Complete sets of the Bidding Documents may be obtained from the Office of the

Engineer, Thomas & Hutton Engineering Co. (Issuing Office). Bidding Documents are open for inspection to prospective bidders at the locations listed in

Advertisement to Bid Specification Section 00 21 00 for the purpose of review in order to determine if the prospective bidders wish to obtain Bidding Documents.

B. Complete sets of Bidding Documents must be used in preparing Bids; neither

Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, whether obtained from the Owner, Engineer/ Issuing Office, or other sources.

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

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1.3 PROPOSAL/BID

A. The Bidder shall provide executed Section 00 45 13 – “Statement of Bidder’s

Qualifications” with bidding documents to verify the bidders background, references, financial stability, and prove qualifications to perform work and successfully complete the project.

B. Each bid must contain evidence of Contractor’s authority to conduct business in the State where the work is to be performed. State Contractor’s License Number, and Utility Contractor License is required for this project.

C. Bidders agree to provide pricing for all Bid Items listed in the “Bid Form” as part of the overall Contract.

1.4 EXAMINATION OF CONTRACT DOCUMENTS

A. It is the responsibility of each Bidder before submitting a Bid:

1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents including "technical data" referred to below;

2. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

3. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and

4. To promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract

Documents and such other related documents.

B. Reference is made to the Supplementary Conditions (EJCDC C–800) for identification of:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions, or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions, or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction.

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3. Copies of such reports and drawings will be made available for review to any Bidder on request. Those reports and drawings are not part of the

Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph "Subsurface and

Physical Conditions" of the General Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information.

C. Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such

Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

D. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract

Documents due to differing or unanticipated conditions appear in Paragraphs

"Subsurface and Physical Conditions", "Differing Subsurface or Physical Conditions" and "Underground Facilities" of the General Conditions.

E. Before submitting a Bid each Bidder will be responsible to 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, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract

Documents.

F. On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies.

G. Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.

H. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Paragraph "EXAMINATION

OF CONTRACT DOCUMENTS", that without exception the Bid is premised upon performing and furnishing the Work required by the Contract 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

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Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract

Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

I. The provisions of Paragraph "EXAMINATION OF CONTRACT DOCUMENTS AND SITE"

Subparagraphs a through h, of these Instructions to Bidders, inclusive, do not apply to Hazardous Environmental Conditions covered by Paragraph "Hazardous

Environmental Condition at Site" of the General Conditions.

1.5. PRE–BID CONFERENCE:

A. A Pre–Bid Meeting will be held on Tuesday, March 10th, 2026, at 11:00 A.M. in the

2nd floor Commission Meeting Room at 66 Captain Matthew Freeman Drive, Richmond Hill, Georgia 31324. Following the Pre-Bid Conference will be a visit to the Project Site. The Pre–Bid Conference and Site Visit are not mandatory for the potential Proposers.

All prospective bidders are encouraged to attend.

B. Deadline for Questions: All questions and requests for clarification must be received in writing no later than Tuesday, March 17th, 2026, at 5:00 P.M. All questions about the meaning and intent of the bid documents must be submitted to the Engineer, Colleen Brophy with Thomas & Hutton, at 50 Park of Commerce

Way, Savannah, GA 31405 or brophy.c@tandh.com.

1.6 AVAILABILITY OF LANDS FOR WORK, ETC.

A. The lands upon which the Work is to be performed, rights–of–way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. The Contractor shall provide at his own expense and without liability to the Owner additional land and access thereto that may be required for temporary construction facilities or for the storage of materials. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents.

1.7 INTERPRETATIONS AND ADDENDA

A. All questions about the meaning or intent of the RFP and Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Issuing Officer as having received the Bidding

Documents. Questions received following the Deadline for Questions date, Tuesday, March 17th, 2026, at 5:00 P.M., may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

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C. Failure of any Bidder to receive any such addendum or interpretations shall not relieve such bidder from any obligations under his Bid as submitted.

D. Failure of any Bidder to acknowledge any such addendum or interpretations shall not relieve such Bidder from any obligation under his Bid as submitted, if Bidder has knowledge of any such addendum, or interpretations. If Bidder has knowledge of any such addendum or interpretation but fails to acknowledge, this will be considered a formality.

1.8 BID SECURITY

A. Each Bid must be accompanied by a Bid Bond on the form attached with good and sufficient surety or sureties approved by the Owner and meeting the requirements of Paragraph "Performance, Payment, and Other Bonds" of the

General Conditions, for faithful acceptance of the contract, payable to, in favor of, and for the protection of the OWNER in an amount equivalent to five percent

(5%) of the total amount payable by the terms of the contract, in lieu thereof, in the form of a certified check, cashier's check, or cash in equal amount with an “A” minimum rating of performance and a financial strength of a least five times the contract price as listed in the most current publication of “Best’s Key Rating Guide

Property Liability.” Bidders who submit Bid Security in the form of a certified check, cashier's check, or cash are bound by the "Terms of Bid Bond" as if submitted on the attached "Bid Bond" form.

B. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and Certifications of

Insurance as set in Contract Documents Section C–700 EJCDC Standard General

Condition Conditions of the Construction Contract, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the

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

Bids which are not competitive will be returned within seven days after the Bid opening, if requested by the Respective Bidder.

1.9 CONTRACT TIMES

A. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment are set forth in the Agreement and incorporated therein by reference in the attached Bid

Form.

1.10 LIQUIDATED DAMAGES

A. Provisions for liquidated damages are set forth in the Agreement.

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1.11 SUBSTITUTE AND "OR–EQUAL" ITEMS

A. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or “or–equal” materials and equipment approved by ENGINEER and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed substitute or “or– equal” item. No item of material or equipment will be considered by ENGINEER as a substitute or “or–equal” unless written request for approval has been submitted by Bidder and has been received by ENGINEER at least ten (10) days prior to the date for receipt of Bids. Each such request shall conform to requirements of paragraphs 7.05 and 7.06 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. ENGINEER’s decision of approval or disapproval of a proposed item will be final. If ENGINEER approves any proposed item, such approval will be set forth in an Addendum issued to all prospective

Bidders. Bidders shall not rely upon approvals made in any other manner.

1.12 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. An Owner or Engineer who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, that Bidder's price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the contract award.

B. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable

Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the

Agreement as provided in Paragraph "Concerning Subcontractors, Suppliers, and

Others" of the General Conditions.

C. For Federally Funded Projects, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs and the

Contract Compliance/ County Engineering Director, Mr. Kirk Croasmun, PE, within

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Revised Per Addendum #3 ten (10) working days of awards of any construction subcontract in excess of

$10,000 at any time for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract, and the geographical area in which the contract is to be performed.

1.13 BID FORM

A. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the issuing Office.

B. All blanks on the Bid Form must be completed by printing in ink or by typewriter.

C. 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 an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

D. 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.

E. All names must be typed or printed in ink below the signature.

F. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

G. The address and telephone number for communications regarding the Bid must be shown.

H. Evidence of authority to conduct business as an out–of–state corporation in the state where the Work is to be performed shall be provided in accordance with

Specification Section 00 45 13 “Statement of Bidder’s Qualifications”. State contractor license and utility license number must also be shown.

I. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Any bid which is not properly prepared and accompanied by required certifications and affidavits may be rejected by the Owner.

J. The Contractor acknowledges to and for the benefit of the Bryan County Board of

Commissioners (“Owner”) and the Georgia Environmental Finance Authority

(GEFA) (the “Funding Authority”) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America

Requirements”) including iron and steel, manufactured products, and construction

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Revised Per Addendum #3 materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding

Authority (a) the Contractor has reviewed and understands the Build America, Buy

America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America

Requirements, unless a waiver of the requirements is approved, and (c) the

Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the

Owner or the Funding Authority. Notwithstanding any other provision of this

Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the

Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure

(including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the Contractor has no direct contractual privity with the Funding

Authority, as a lender or awardee to the Owner for the funding of its project, the

Owner and the Contractor agree that the Funding Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.

1.14 SUBMISSION OF BID: Bids shall be submitted in two (2) sealed envelopes.

A. Bids shall be submitted at the time and place indicated in the Advertisement or

Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, state contractor license number (if applicable), state utility contractor license number (if applicable), and accompanied by the Bid security, entire bidding documents, except drawings, and other required documents.

One envelope shall contain the Georgia Environmental Finance Authority for

Federally Assisted Revolving Fund (SRF) Construction Contracts Provisions documentation and shall be clearly marked with the name and address of bidder, bidder’s phone number and email address, contractor license number(s), and

“Georgia Environmental Finance Authority for Federally Assisted Revolving Fund

Construction Contract Provisions.”

The second sealed envelope shall contain all other bid requirements, including the

Bid Form and Bid Security, and shall be clearly marked with the name and address of bidder, and contractor license number(s) and “BID PROPOSAL.”

Bids shall be submitted at the time and place indicated in the Advertisement for

Bids and shall be enclosed in a sealed opaque envelope. If the Bid is sent through the mail or other delivery system, the sealed envelopes shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Contractor license and Utility Contractor License number(s) shall be written on the face of the bid envelope.

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Each Bidder is responsible for seeing that his Bid is received by the Owner not later than the advertised time set for the opening of Bids.

1.15 MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn by an appropriate document duly executed

(in the manner that Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the receiving time.

B. If, within twenty–four hours after bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the responsible satisfaction of Owner there was a material and substantial mistake in the preparation of its bid, bidder may withdraw its bid and the bid security will be returned. Thereafter, Bidder will be disqualified from further bidding on the work to be provided.

1.16 OPENING OF BIDS

A. At the appointed time and date of the Bid Opening, the Owner will first open and examine the Georgia Environmental Finance Authority for Federally Assisted

Revolving Fund (SRF) Construction Contract Provisions documentation for each Bid submitted for general conformance to the contract conditions. SRF Construction

Contract Provisions documentation must include, at a minimum, the six (6) contract items as outlined in Section 00 90 00. Bid packages associated with those SRF

Construction Contract Documents found to be in general compliance to the contract conditions set forth will be opened and read aloud.

Following the bid opening, the SRF Construction Contract Provisions documentation will be further evaluated for conformance to the contract conditions. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional bids. Owner further reserves the right to waive all minor Bid informalities not involving price, time, or changes in Work. Bidders deemed to have not met the requirements of the

Georgia Environmental Finance Authority for Federally Assisted Revolving Fund

Construction Contracts Provisions shall be notified by email forty–eight hours prior to publishing the final Abstract of Bid, that their documentation failed to meet the

GEFA SRF Contract Provision and is therefore deemed non–responsive. Should the

Bidder believe that this determination is in error he shall appeal the ruling in writing to the County Manager’s office. The documentation shall then be reviewed by the

County Manager, or his designee and a final determination made. No appeals shall be considered after the date and time specified for the public release of the final Abstract of Bids.

1.17 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

A. All Bids will remain subject to acceptance for ninety (90) days after the day of the

Bid opening, but Owner may, in its sole discretion, release the Bid and return the

Bid security prior to that date.

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1.18 AWARD OF CONTRACT

A. 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 that it would not be in the best interest of the Project to make an award to that 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 Owner.

Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder.

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

B. In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of

Award. Conditional Bids will not be accepted.

C. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the

Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions.

Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

D. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract

Documents to Owner's satisfaction within the prescribed time.

E. Bidders are required to furnish prices for Base Bid and Alternative Bid Items. The

Owner reserves the right to reduce the project scope and Work associated with any of the divisions and/ or alternatives of work by awarding any or a portion of

Divisions and /or alternatives of work in order to reduce the contract amount to the available budget.

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

Project. No portion of the project will be awarded to separate bidders.

G. If the contract is to be awarded, Owner will give Successful Bidder a Notice of

Award within sixty (60) days after the day of the Bid opening.

The Owner will also consider whether the Bidder involved:

• Maintains a permanent place of business;

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Revised Per Addendum #3

• Has adequate plant and equipment to do the work properly and expeditiously;

• Has suitable financially status to meet obligations incidental to the work;

• Has appropriate technical experience.

1.19 MODIFICATIONS OF QUANTITIES

A. If the lowest bona fide bid exceeds the money available for the work, the Owner reserves the right to delete enough of the work to bring the cost within the available funds. The Owner also reserves the right to delete whichever items or portion of items considered to be in the best interest of the owner.

1.20 CONTRACT SECURITY

A. The General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds on the forms included in the Contract

Documents.

1.21 SIGNING OF AGREEMENT

A. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds and

Certification of Insurance. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings and applicable documents with appropriate identification.

1.22 LAWS AND REGULATIONS

A. All applicable federal and state laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

The Contractor shall comply with the Department of Labor Safety and Health

Regulations for construction promulgated under the Occupational Safety and

Health Act of 1970 as amended (PL91 – 96) and under Section 107 of the Contract

Work and Safety Standards Act (PL 91–54). The regulations are administered by the

Department of Labor and the Contractor shall allow access to the project to personnel form this Department.

B. A review performed by the U.S. Fish and Wildlife Service, Georgia Ecological

Services division determined that special considerations need be taken into account regarding the Eastern Indigo Snake, Southern Hognose Snake, the

Monarch Butterfly, and the Tricolored Bat. The Contractor shall be subject to following all guidelines regarding these species. Guidelines are identified in the

Summary of Work of these specifications.

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1.23 CONTRACTOR’S AND SUB–CONTRACTORS INSURANCE

A. Contractor shall not commence work under this contract until obtaining all the insurance required by Supplementary Conditions.

1.24 TERMINATION OF CONTRACT

A. If the Owner is made to stop construction of the work because of an order from a

Court or State Department, the contract shall be terminated. Payment will be made for the work completed and a proration of the work under way, materials stored, and for the overhead and profit of the completed work and work underway. Payment will not be made for anticipated profit and overhead on work not completed or underway.

PART 2 PRODUCTS

Not Applicable

PART 3 EXECUTION

Not Applicable

END OF SECTION

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DOCUMENT 00 41 43

BID FORM

PROJECT IDENTIFICATION: NORTH BRYAN COUNTY WATER MAIN

EXTENSION

CONTRACT IDENTIFICATION

AND NUMBER: J – 27691.0082

THIS BID IS SUBMITTED TO: 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 RFP and 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 90 days after the day of Bid opening, or for such longer period of time that 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; that BIDDER has satisfied himself relative to 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 that may affect cost, progress, performance, and furnishing of the Work;

(d) BIDDER is familiar with and is satisfied to all federal, state, and local Laws and

Regulations that may affect cost, progress, performance, and furnishing of the

Work.

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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 that such reports and drawings are not

Contract Documents and may not be complete for BIDDER’s purposes. BIDDER acknowledges that 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 that 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 that relates 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 that 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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MOBILIZATION, CLEARING, GRASSING, EROSION CONTROL, AND SITE WORK

Item Description Quantity Units Unit Price Total

1 Mobilization and Demobilization LUMP SUM LS -

2 Site Clearing and Grubbing 14.91 AC

3 Grassing 14.91 AC

4 Erosion, Sedimentation, and Pollution Control LUMP SUM LS -

5 Traffic Control LUMP SUM LS -

6 Railroad Coordination ALLOWANCE LS - $30,000.00

Sub-Total: MOBILIZATION, CLEARING, GRASSING, EROSION CONTROL, AND SITE WORK

WATER INFRASTRUCTURE

Item Description Quantity Units Unit Price Total

Open Cut 30" Dia. PVC (C-900, DR-18) Water

Main

11,980 LF

Open Cut 30" Dia. PVC (C-900, DR-18) Water

Main within 36" FPVC Casing (C-900, DR-21)

20 LF

Fuse and Install 30" Dia. FPVC (C-900, DR-18)

Water Main via Horizontal Directional Drill

1,930 LF

Jack & Bore 42" Steel Casing (Min. Wall

Thickness 0.625-inch)

467 LF

Fuse and Install 30" Dia. FPVC (C-900, DR-18)

Water Main Within Proposed Steel Casing

467 LF

4" Combination Air/Vacuum Release Valve

In Pedestal Assembly

12 EA

13 30" Butterfly Valve in Manhole 17 EA

14 Fire Hydrant Assembly 15 EA

15 Permanent Sampling Station 10 EA

16 30" x 30" Wye D.I.R.J. 2 EA

17 30" 45° Bend D.I.R.J. 22 EA

18 30" 22.5° Bend D.I.R.J. 11 EA

19 30" 11.25° Bend D.I.R.J. 10 EA

20 30" Cap D.I.R.J. 3 EA

Remove Existing Blow Off Hydrant and

Connect Into Existing 30" Water Main

1 EA

22 Remove and Replace Gravel Road 68 SY

23 Remove and Replace Earth Road 295 SY

24 Permanent Utility Access Earthen Corridor 1,140 LF

25 Stone Bedding * 200 CY

26 Sand Backfill * 200 CY

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Sub-Total: WATER INFRASTRUCTURE

WARRANTY - MAINTENANCE PERIOD AND BOND

27 3 - Year Warranty Bond JOB LS -

28 3 - Year Warranty Period JOB LS -

Sub-Total: WARRANTY - MAINTENANCE PERIOD AND BOND

TOTAL BASE BID:

TOTAL BID AMOUNT:

NORTH BRYAN COUNTY WATER MAIN – TOTAL BID FOR ALL ESTIMATE PRICES:

(Use words)

(Figures)

Unit Prices have been computed in accordance with paragraph 13.03.B of the General

Conditions.

BIDDER acknowledges that 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 140 calendar days after the date when the Contract Times commence to run as provided in paragraph 4.01 of the

General Conditions, and completed and ready for final payment in accordance with paragraph 15.06.B of the General Conditions within 178 calendar days after the date when the Contract Times commence to run.

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

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