1-Bid 26-35-3320 South Storage Tank Improvements.pdf

INVITATION TO BID

BID #: 26-35-3320

SOUTH STORAGE TANK IMPROVEMENTS

NOVEMBER 2025

FORSYTH COUNTY

DEPARTMENT OF WATER AND SEWER

FORSYTH COUNTY, GEORGIA

November 2025

South Storage Tank Improvements

Forsyth County Water and Sewer TOC November 2025

SOUTH STORAGE TANK IMPROVEMENTS

Invitation to Bid

Table of Contents

DIVISION 00 - FRONT END DOCUMENTS

00 11 13 Advertisement for Bids

00 21 13 Instructions to Bidders

00 41 13 Bid Form for Construction Contract

Exhibit A: Corporate Certificate Form

Bid Bond (Penal Sum Form)

00 52 13 Agreement

Performance Bond

Payment Bond

General Conditions (EJCDC D-700)

Supplementary Conditions – EJCDC D-800

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 14 00 Coordination with Owner’s Operations

01 25 00 Substitution Procedures

01 26 00 Contract Modification Procedures

2013 EJCDC Form C-942, Field Order

2013 EJCDC Form C-940, Work Change Directive

2013 EJCDC Form C-941, Change Order

01 29 00 Measurement and Payment

01 29 73 Schedule of Values

01 29 76 Progress Payment Procedures

01 31 00 Project Management and Coordination

01 31 13 Project Administration

01 31 19 Project Meetings

01 32 00 Construction Progress Schedule

01 33 00 Submittal Procedures

01 35 00 Special Procedures

November 2025

Forsyth County Water and Sewer TOC November 2025

01 71 33 Protection of Work and Property

01 77 19 Closeout Requirements

DIVISION 09 - FINISHES

09 91 00 Tank Surface Preparation and Coating System Application

DIVISION 33 - UTILITIES

33 01 10.56 Cleaning of Water Utility Storage Tanks

33 01 10.59 Water Storage Tank Disinfection

DRAWINGS

ARCGIS SOUTH STORAGE TANK SITE WITH POSSIBLE HOSE ROUTE

2001 SOUTH STORAGE TANK DRAWINGS

Forsyth County Water and Sewer 00 11 13 - 1

SECTION 00 11 13

Advertisement for Bids – Bid No. 26-35-3320

The Forsyth County Procurement Department will accept sealed bids until 2:00 p.m. On Thursday, December 18, 2025 for the following:

The Forsyth County Board of Commissioners is soliciting bids from qualified firms to provide

Construction services for the Forsyth County – South Storage Tank Improvements including the following major components:

1. Drain the Storage Tank into the drainage ditch beside Old Atlanta Road by using the detention pond as a sump.

2. Clean the biological growth, graffiti, oil, and dirt off of the exterior walls and dome of the tank. This shall include the probes on the dome of the tank and the emergency overflow openings.

3. Replace and calibrate the liquid level indicator board and mechanism.

4. Add a step below the exterior ladder to shorten the distance from the ground to the first step. Step can be reinforced concrete step.

5. Install an aluminum gate at the top of the exterior ladder that will be self-closing as required by

OSHA.

6. Clean and recoat the exterior access hatch and the domed fiberglass vent covers on the top of the tank.

7. Replace corroded hardware on the lightening protection equipment for the SCADA antennae on the dome of the tank.

8. Provide a new interior ladder with a safety fall protection.

9. Clean and coat the interior 12” overflow piping.

10. Clean and rehabilitate the interior concrete dome of the tank where rebar has oxidized and is showing through.

11. Clean and disinfect the storage tank system before the Owner places the tank back in service.

Non-mandatory pre-bid meeting: 2:00 pm on Wednesday, December 3, 2025 at the Forsyth County

Department of Water and Sewer, South Storage Tank, 3725 Old Atlanta Road, Suwanee, GA 30041.

All work to be completed within 90 calendar days from issuance of Notice To Proceed.

All firms must be licensed in Georgia. In order to perform public work, the contractor and its

Subcontractors, prior to the award of contract shall hold such licenses as required by state Statutes, and federal and local laws and regulations.

No firm may withdraw their bid within 120 days of the actual date of opening.

Bids must be submitted in the format prescribed herein. Failure to comply with the directions Listed in this ITB, or omission of requested information could result in disqualification of your firm’s

Bid.

Forsyth county uses a procurement portal powered by Euna Procurement (“Euna”) for accepting and evaluating bids, statements of qualification, and proposals digitally, found by using the link:

https://www.forsythco.com/Departments-Offices/Procurement/Bids-Results

Forsyth County Water and Sewer 00 11 13 - 2

Bids shall only be accepted online through the Euna portal.

The bid opening will be at 2:30 p.m., December 18, 2025 at Forsyth County Procurement Department, 514 West Maple Street, Suite 104, Cumming, Georgia. All interested parties and the general public are invited.

Greg Bridges, Deputy Director, Procurement

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned – (NOT USED)

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00 21 13 - Page 1 of 13

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use, nor does it grant or confer ownership or any property interest in the Bidding Documents and other documents distributed for the Project. Authorization to download documents, or other distribution, includes the right for Bidding Documents holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the Bidding Documents holder pays all costs associated with printing or reproduction. Paper or other types of printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. The Bidder must register as a Bidding Documents holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered Bidding Documents holders will receive

Addenda issued by Owner or Issuing Office.

2.04 Bidder may register as a Bidding Documents holder and obtain complete sets of Bidding

Documents, in the format stated in the Advertisement or invitation to bid, from the Issuing Office.

Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered Bidding Documents holders will receive Addenda issued by Owner or Issuing Office.

2.05 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as Bidding Documents holders from the Bidding

Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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Documents or other documents obtained from plan rooms or other such sources (such as other prospective bidders), or for a Bidder’s failure to obtain Addenda from a plan room.

2.06 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to prospective Bidders as

Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Owner that such

Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner cannot totally control the transmission and receipt of Electronic Documents nor any bidder’s or the Contractor’s means of reproduction of such documents, the Owner cannot and do not guarantee that

Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph

2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor certain documents that were developed by Engineer as part of the

Project design process, as Electronic Documents in native file formats as originally prepared by Engineer.

1. Electronic Documents that are available in native file format include:

a. Bid Form

b. Specifications

c. Contract Drawings

2. Release of such documents will be solely for the convenience of the Contractor and subject to additional requirements, if any, for such release as indicated in Specifications

Section 01 31 26 – Electronic Communication Protocols. No such document is a Contract

Document.

3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that electronic/digital information provided in Electronic Documents is appropriate and adequate for Contractor’s specific purposes.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 3 of 13

4. In no case will Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the

Effective Date of the Contract.

C. Bidder’s state (or other) contractor license number, if applicable.

D. GA Utility Contractor’s License.

E. List of Major Subcontractors and Suppliers and qualification information. Major is defined as greater than 5% of the bid value.

F. Other required information regarding qualifications, including the following:

1. Experience on at least 3 prestressed concrete water storage tank projects in the last 5 years.

2. For each project listed, Bidder should submit the Project Reference Form included in the

Bid Documents.

3. Organizational chart for Bidder’s project team (including but not limited to project manager, superintendent, and safety officer).

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidders shall be experienced in the kind of Work to be performed, shall have the or be able to obtain construction equipment necessary for the Work, and shall possess sufficient capital to properly perform the Work within the time allowed. Bids received from Bidders who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show and document to Owner’s satisfaction that Bidder has the necessary ability, facilities, equipment, and resources to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the times specified. A Bid may be rejected if Bidder is already obligated for the performance of other work which would delay the commencement, prosecution or completion of the Work.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the

Advertisement or invitation to bid. Representatives of Owner will be present to discuss the

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00 21 13 - Page 4 of 13

Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-bid conference does not alter the Bidding Documents. Owner or Issuing Office will issue Addenda to make any changes to the Bidding Documents that result from discussions at the pre-bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents, including in Specifications Section 01 11 00 –

Summary of Work. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain

Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any prospective Bidder on request. These reports and drawings are not part of the Contract

Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

4. Geotechnical Baseline Report and Geotechnical Data Report: The Bidding Documents do not contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR).

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B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in

Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-Related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the

Site. Due to the linear nature of the project, Bidder must stay within public right of way and shall not enter private property unless expressly allowed by the Owner.

B. A Site visit is scheduled following the pre-bid conference. Maps, directions, or GPS coordinates to the Site, when the Site is remote from the pre-bid conference location, will be available at the pre-bid conference.

C. A Site visit is scheduled at the pump station site immediately following the pre-bid conference. The location of the Site is indicated in the Bidding Documents, including in

Specifications Section 01 11 00 – Summary of Work.

D. Bidders visiting the Site are required to: (1) arrange their own transportation to the Site; and

(2) each Bidder visiting the Site is responsible for providing and using its own personal protective equipment appropriate for the Site and conditions, and in accordance with posted requirements, if any. [At minimum, each visitor to the Site should have an appropriate hardhat, steel-toed boots, eye and hearing protection (other than ordinary eyewear), and a high-visibility reflective safety vest.] Comply with Paragraph 5.05 of these Instructions to

Bidders.

All access to the Site, other than during a regularly scheduled Site visit, must be coordinated through the following Owner or Engineer contact for visiting the Site: Edith Compean, Procurement Agent III, ECompean@forsythco.com. Bidder must conduct the required Site visit during normal working hours, Mondays through Fridays.

E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

F. During the bidding process, and on request, and to the extent Owner has control over the

Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as

Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. As many of the properties are private, Bidder may not be permitted to access properties without express permission from Owner. Bidder is responsible for establishing access needed to reach specific selected test sites.

G. Bidder must comply with Laws and Regulations regarding excavation and location of utilities, obtain necessary permits, and comply with all terms and conditions established by Owner or

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 6 of 13 by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

H. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be indicated in the Supplementary Conditions. Where the

Bidding Documents indicate an Owner’s safety program, visitors to the Site during the bidding phase and at other times shall comply with Owner’s safety programs.

5.06 Other Work at the Site

A. Reference is made to Specifications Section 01 11 00 – Summary of Work, for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other potentially confidential matters), if any. Site is anticipated to be used for public right of way access, access for businesses, homes, school vehicles, emergency vehicles, material storage, and storage of contractor equipment along roadways. Road closures will need to be approved to prevent conflicts with other work activities.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will complete and submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid.

Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Successful Bidder (as Contractor) will make similar express representations and certifications when it signs the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to the

Issuing Office in writing via the online portal Euna. Contact information and submittal procedures for such questions are as follows:

A. It is the sole responsibility of each Bidder to notify the Issuing Office utilizing the question/answer feature provided by Euna and request modification or clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this competitive solicitation. All questions and requests for information received through Euna will be

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00 21 13 - Page 7 of 13 responded to by official written Addendum issued by the Issuing Office and uploaded to Euna as an Addendum. All addenda are a part of the competitive solicitation documents, and each

Bidder will be bound by such addenda. It is the responsibility of each Bidder to read and comprehend all addenda issued.

7.03 Interpretations or clarifications considered necessary by the Issuing Office in response to such questions will be issued by Addenda delivered to all Bidding Documents holders registered with the Issuing Office. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Bidding

Documents.

7.05 Addenda that Issuing Office to have a material or significant effect on Bidders’ preparation of pricing and other requirement element of the Bid will be transmitted via Addendum for Bidders’ receipt not less than three days prior to the scheduled date for receipt of the Bids. Clarifications or modifications that the Issuing Office deems will not have a material or substantial effect on the preparation of Bids may be transmitted for Bidders’ receipt later, for receipt prior to the deadline for receipt of Bids.

ARTICLE 8—BID SECURITY

8.01 Required Form and Amount of Bid Security

A. A Bid must be accompanied by bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

B. Such bid bond will be issued in the form included in the Bidding Documents.

8.02 Bid Security of Successful Bidder

A. The Bid security of the apparent Successful Bidder will be retained until Owner awards the

Contract to such Bidder, and such Bidder has signed the Contract, furnished the required

Contract security, and met the other conditions of the Notice of Award, whereupon the

Successful Bidder’s bid security will be released.

B. If the Successful Bidder fails to sign and deliver the Contract and furnish the required

Contract security within the number of days, indicated in Paragraph 20.01 of these

Instructions to Bidders, after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the bid security of that Bidder will be forfeited.

C. Upon Successful Bidder’s default:

1. When the bid security is a penal sum bid bond, the entire penal sum amount of the bid bond will be forfeit and due Owner.

2. When the bid security is a damages form of bid bond, to the extent of Owner’s damages will be forfeit and due Owner.

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3. If a type of bid security other than a bid bond is allowed and is furnished, the amount that will be forfeit and due Owner will be the same as for the form of bid bond included in the Bidding Documents. Owner will so notify the defaulting Bidder in writing of the annulment and the amount of the forfeiture, with documentation of the amount forfeited.

D. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 Bid Security of Bidders other than the Successful Bidder

A. Release of Bid Security: Owner may release any Bidder’s bid security by returning such bid security to the associated Bidder. When bid security is in the form of a bid bond, Owner may dispose of or destroy the bid bond and so advice the associated Bidder in writing that the bid bond has been released.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any), are to be achieved are set forth in the Agreement.

9.02 Provisions for liquidated and special damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials, equipment, and procedures specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items or procedures. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment or procedure, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective

Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, and will perform the Work in accordance with procedures indicated in the Bidding Documents, as supplemented by Addenda, if any. Assumptions regarding the possibility of post-bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so in the Specifications or elsewhere in the Bidding Documents. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should not submit a Bid.

11.02 Bidder must submit a list of Subcontractors and Suppliers accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice

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Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid 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 awarding the Contract.

11.03 If apparent Successful Bidder declines to make a requested substitution, Owner may award the

Contract to another Bidder, consistent with the basis for evaluating the Bids for award as set forth in these Instructions to Bidders, that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner makes no written objection prior to issuance of the Notice of Award will be deemed acceptable to Owner to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General

Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. To receive consideration, Bids must be received prior to the bid opening date and time.

Unless otherwise specified, Bidders should use the Bid Form provided by the Issuing Office.

Bids are only accepted through Euna. No paper bids shall be considered. Bids will be publicly opened in the Issuing Office, or other designated area, in the presence of Bidders, the public, and Owner staff. Bidders and the public are invited and encouraged to attend bid openings.

Bids will be tabulated and made available for review by Bidders and the public via Euna under

Public Files.

B. All blanks on the Bid Form shall be printed, typewritten, or filled in with pen and ink, and the

Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

C. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8.5inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be signed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

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12.05 A Bid by a limited liability company must be signed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be signed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

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

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be indicated on the Bid Form.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each item of Unit Price

Work will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and final Contract

Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. 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.

13.02 Cash Allowances

A. For cash allowances the bid price (for items other than cash allowances) must include such amounts as Bidder deems proper for Contractor's overhead, handling and installation costs, profit, and other expenses on account of cash allowances, if any, named in the Contract

Documents, in accordance with Paragraph 13.02.B of the General Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 11 of 13

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include the Bid Form, and, where required, the Bid Bond Form and other supplements to the Bid Form. The Bid Form and supplements (if any) is to be completed and submitted with the Bid security and the other documents required with the Bid by Article 2 of the

Bid Form.

14.02 Bids must be received prior to the bid opening date and time. Bids are only accepted through

Euna. No paper bids shall be considered.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn via Euna, prior to the date and time established in the Bidding

Documents for the receipt of Bids.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 of this Article and submit a new Bid prior to the date and time for established in the Bidding Documents the receipt of Bids.

15.03 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the bid security will be returned.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or invitation to bid and, unless obviously non-responsive, will be read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor

Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. Owner may reject the Bid of any Bidder that fails to demonstrate appropriate qualifications, experience, and resources for the Work, in accordance with Article 3 of these Instructions to Bidders.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 12 of 13 the Bid, whether in the Bid itself or in a separate communication to Owner, then Owner will reject the Bid as nonresponsive.

18.04 Basis for Award of Contract

A. If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest-priced, responsive Bid that has not otherwise been disqualified.

B. In order to be considered a responsible Bidder, Bidder shall be fully capable to meet all the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance.

C. In order to be considered a responsive Bidder, Bidder’s bid shall fully conform in all material respects to the Bid and all of its requirements, including all form and substance.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the

Bid Form or elsewhere in the Bidding Documents, or prior to the Notice of Award.

B. Unit Price Work: For the determination of the apparent low-price Bid when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price bid for that item, together with amount(s) of lump sum items (if any).

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications, experience, and resources of the Bidder and may consider the qualifications, experience, and resources of

Subcontractors and Suppliers proposed for those portions of the Work for which the identity of

Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner, with or without Engineer’s assistance, may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19—BONDS AND INSURANCE

19.01 Paragraph 2.01 and Article 6 of the General Conditions, as may be modified by the Supplementary

Conditions, set forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the signed Agreement to Owner (or Owner’s representative), it must be accompanied by required bonds and insurance documentation.

19.02 Article 8 (“Bid Security”) of these Instructions to Bidders addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Intent to Award to the Successful Bidder, it will be accompanied by the unsigned counterparts of the Agreement, along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 13 of 13 deliver the required number of counterparts of the Agreement and required bonds and insurance documentation (as required by the Contract Documents) to Owner.

ARTICLE 21—SALES AND USE TAXES

21.01 Bidder must include in their bid all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations applicable during the performance of the work.

Forsyth County is exempt from taxes, but the successful Bidder shall pay all taxes required of him by law. Forsyth County cannot exempt others from tax. State Sales tax exemption number is 58-

6000828.

ARTICLE 22—CONTRACTS TO BE ASSIGNED – (NOT USED)

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SECTION 00 41 13

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to: Forsyth County, Georgia, via Euna Procurement.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Bid Form

B. Required Bid security;

C. List of Proposed Subcontractors;

D. List of Proposed Suppliers;

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

F. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

G. Required Bidder Qualification Statement with supporting data;

H. Contractor Affidavit

I. Subcontractor Affidavit; and

J. Non-Collusion Affidavit.

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Lump Sum Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s), together with any Unit Prices indicated in Paragraph 3.02:

B. All specified cash allowance(s) are included in the price(s) set forth below, and have been computed in accordance with Paragraph 13.02 of the General Conditions.

C. All specified contingency allowances are included in the price(s) set forth below, and have been computed in accordance with Paragraph 13.02 of the General Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

3.02 Unit Price Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following:

Item

No.

Description Unit Estimated

Quantity

Bid Unit

Price

Bid

Amount

1 Drain and Clean Storage Tank LS 1 $

2 Exterior Tank Cleaning LS 1 $

Liquid Level Indicator Repair and Board

Replacement

LS 1

4 Exterior Ladder Concrete Steps LS 1 $

5 Dome Safety Handrail Self Closing Gate LS 1 $

6 Dome Access Hatch Coating Application LS 1 $

7 Overflow Screen Replacement LS 1 $

8 Interior Ladder Replacement LS 1 $

9 Interior Pipe Coating Application LS 1 $

10 Interior Dome Resurfacing LS 1 $

11 Clean and Disinfect Storage Tank LS 1 $

B. No specified cash allowance(s) are included in the price(s) set forth below, and have been computed in accordance with Paragraph 13.02 of the General Conditions.

C. All specified contingency allowances are included in the price(s) set forth below, and have been computed in accordance with Paragraph 13.02 of the General Conditions.

Item

No.

Description Unit Estimated

Quantity

Bid Unit

Price

Bid

Amount

A1 Owner Directed Allowance LS 1 20,000 $20,000

D. Bidder acknowledges that:

1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

3.03 Total Bid Price (Lump Sum and Unit Prices)

Total Bid Price (Total of all Lump Sum and Unit Price Bids) $

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete within 90 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 of the General

Conditions 60 days after substantial completion.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda: [Add rows…