2-Bid - Traffic Signal Installation SR 400 Bottoms Rd.pdf

Forsyth County Procurement Department

INVITATION TO BID

BID NO: 26-43-3150

Date Issue: 2/02/2026

For: Providing all Materials, Equipment and Labor for the Traffic Signal Installation at SR 400 & Bottoms Road.

Deadline for Receiving Sealed Bids 2:00 P.M. (EST) Thursday, March 5, 2026

Bids will be opened at: 2:30 P.M. (EST) Thursday, March 5, 2026 Procurement Department 514 West Maple Street, Suite 104 Cumming, GA 30040 (also available via Teams)

Question & Answer (Q&A) Deadline No Questions will be accepted after:

Monday, February 23, 2026

2:00 P.M. (EST)

All questions are to be asked via EUNA under Opportunity Q&A No questions are to be asked outside of EUNA

Bonds Bid Bond Required Performance & Payment Bonds due upon award

Forsyth County uses a procurement portal powered by EUNA Procurement formerly Bonfire Interactive (“EUNA”) https://www.forsythco.com/Departments-Offices/Procurement/Bids- Results

Sealed bids opened at the time, date, and place shown above and ONLINE.

Award of Bid will be made later pending evaluations of all bids submitted.

Interested parties may login to EUNA to obtain the bid tabulation.

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

TABLE OF CONTENTS

INVITATION TO BID

SOLICITATION STANDARD TERMS AND CONDITIONS

1. Defined Terms

2. Bid Documents

3. Bid Platform and Connectivity

4. Qualifications Of Bidders

5. Examination of Contract Documents and Site

6. Addenda and Interpretations

7. Bid Security (required)

8. Bid Bond Forfeiture (if required)

9. Substitute or "Or Equal" Items

10. Subcontractors, Suppliers and Others

11. Submission of Bids

12. Modification and Withdrawal of Bids

13. Opening of Bids

14. Bids to Remain Open

15. Award of Contract

16. Submittals by Successful Bidder

17. Taxes

18. Qualifications of Surety Companies

19. General Information

20. Execution of Written Contract

BID SPECIFICATIONS

GENERAL CONDITIONS

BID SUMMARY

NON-COLLUSION AFFIDAVIT

SOLICITATION CERTIFICATE

CONTRACTOR AFFIDAVIT AND AGREEMENT

ADDENDUM ACKNOWLEDGEMENT

BID BOND

LIST OF SUBCONTRACTORS

SUBCONTRACTOR AFFIDAVIT

References

SOLICITATION STANDARD TERMS AND CONDITIONS

1. Defined Terms

BID, a formal offer submitted by an individual, firm, partnership, corporation to perform a specific project or provide goods or services at a stated price.

BIDDER, an individual, firm, partnership, or corporation, acting directly or through a duly authorized representative, legally submitting a Bid for the performance of a specific project or provision of goods or services.

BID DOCUMENTS or BID FORM(S), the complete sets of Bid Documents submitted by a Bidder as the Bid for the performance of the project or provision of goods or services including but not limited to, the prepared form(s) furnished by the County properly filled in, executed, and submitted by the Bidder.

BOARD, the Board of Commissioners of Forsyth County, Georgia.

BID SECURITY, a financial guarantee submitted with the Bid ensuring the Successful Bidder will honor the terms of its Bid, enter into a contract, and provide required Performance and Payment Bonds. Bid Security is equal to five percent (5%) of the Bidder's maximum Bid delivered to the County in the form of a cashier's check or Bid Bond issued by a Surety.

BONDS (Bid, Performance, Payment), Bid Bond is one form of Bid Security submitted with the Bid; Performance Bond is a guarantee for the faithful performance of the Contract; Payment Bond serves as protection of persons furnishing materials or labor, in connection with the performance of the Project.

All Bonds shall be properly issued and executed by the Contractor as Principal, and the Surety Company as Surety on the County provided forms.

CHAIRMAN, the Chairman of the Board of Commissioners of Forsyth County, Georgia.

CONTRACT DOCUMENTS, the documents covering the performance of the Project and payments thereto, including but not limited to the Invitation to Bid, Information for Bidders, Bids, Non-Collusion Affidavit, Construction Services Agreement, Bonds, General Conditions, Specifications, Scope of Work, Detail Drawings, Plans, Addenda, Change-Orders, and Supplementary Agreement which may be entered into, all of which documents are to be treated as one instrument whether or not set forth at length in the Form of Construction Services

Agreement. Contract and Agreement shall be synonymous and may be used interchangeably.

CONTRACTOR, individual, firm, partnership or corporation legally submitting a Bid for the performance of the Project and upon award enter into a legally binding agreement outlining the mutual obligations and rights of the parties in performance of the Project.

COUNTY, the County of Forsyth, a political subdivision of the State of Georgia.

NOTICE OF AWARD, formal notice that the County intends to enter into a Contract with the Successful Bidder or, where relevant, multiple Successful Bidders.

PLANS, DRAWINGS, or CONTRACT DRAWINGS, drawings or reproductions thereof furnished by the Consulting Engineers or County, as the case may be, pertaining to the Project and such detailed drawings as may be issued by the County as the Work proceeds.

PROJECT or WORK, the entire scope of work, goods, and/or services described in this solicitation, including all labor, materials, equipment, services, and tasks necessary to complete the specified objectives, deliverables, and outcomes in accordance with the terms and conditions outlined in the Contract Documents.

SPECIFICATIONS, the Bid Specifications, Scope of Work, General Requirements, Objectives, Plans, Drawings, Addenda, and all written agreements, made or to be made, pertaining to the method or manner of performing the Work or to the quantities or qualities of materials to be furnished for the Work.

SUB-CONTRACTOR, an individual, firm or corporation, other than the Contractor, supplying labor and/or materials on behalf of the Contractor in furtherance of the performance of the Project.

SUBSTANTIALLY COMPLETED, defined as the point at which all Work is complete except for minor punch-list items that do not materially impede final inspections or occupancy.

SUCCESSFUL BIDDER means the Bidder to whom the County awards or expects to award the Contract.

SURETY or SURETY COMPANY, the corporate body which is bound with and for the Contractor and which engages to be responsible for Contractor’s acceptable performance of the work and payment of all debts pertaining to the Project.

2. Bid Documents

2.1 Complete set of Bid Documents shall be used in preparing Bids. The County assumes no responsibility for errors or misinterpretations resulting from using incomplete sets of Bid Documents.

2.2 The County, in making Bid Documents available on the above terms, does so only to obtain Bids on the Work and does not confer license or grant for any other use.

2.3 Any part of the Bid Documents may be modified by Addenda ONLY.

3. Bid Platform and Connectivity https://www.forsythco.com/Departments-

Offices/Procurement/Bids-Results.

3.1 Forsyth County uses EUNA Procurement formerly Bonfire Interactive to administer the competitive solicitation process, including but not limited to soliciting quotes, issuing addenda, posting results, and issuing notification of an intended decision. Vendors are strongly encouraged to read the various vendor Guides and Tutorials available in EUNA as well in advance of their intention of submitting a quote to ensure familiarity with the use of EUNA.

The County shall not be responsible for a Vendor's inability to submit a quote by the end date and time for any reason, including issues arising from the use of EUNA. There is no charge to Vendors to register and participate in the solicitation process, nor will any fees be charged to the awarded Vendor.

3.2 The County shall not be responsible for errors of any kind or nature occurring in the transmission or downloading/uploading of any documents from the County website or EUNA. The County does not guarantee continuous, uninterrupted, or secure access to its website or other related websites.

Operation of its website or EUNA may be affected from time to time by numerous factors outside of our control. Site problems, user problems, internet problems, power outages, or routine maintenance may interrupt or prevent access to information, documents, and/or bid submission capabilities.

4. Qualifications Of Bidders

4.1 Bidders must submit a completed Project Experience Form(s) demonstrating

Bidder’s qualifications and successful performance on projects of similar scope and size to the Work described in this solicitation. Failure to use the

County forms shall constitute a non-responsive Bid and the Bid shall be rejected.

4.2 County may make any investigations deemed necessary to determine Bidder's ability to perform the Work, and Bidder shall furnish all information and data requested by County related to the investigation.

4.3 Bidders must be duly registered with the Georgia Secretary of State and such registration must remain active for the duration of the Project and the warranty period plus five (5) years.

5. Examination of Contract Documents and Site

5.1 Before submitting a Bid, each Bidder shall: (a) examine the Contract Documents thoroughly; (b) become familiar with local conditions affecting Work cost, progress, or performance; (c) become familiar with federal, state, and local laws, ordinances, rules, and regulations affecting Work cost, progress, or performance; (d) study and carefully correlate Bidder's observations with the Contract Documents; and, (e) notify County concerning conflicts, errors, or discrepancies in Contract Documents.

5.2 Bidders are advised to carefully examine the Contract Documents and the location of the Work, verify all information with authorities concerned, and judge for themselves all the circumstances affecting the cost of the Work and the time required for its completion, and shall assume all patent and latent risks in connection therewith.

5.3 Bid submission will constitute an incontrovertible representation that Bidder understands and has complied with requirements contained in this solicitation, and that Bidder has read and understood the Bid Documents and hereby stipulates that the documents are sufficient in scope and detail to indicate and convey understanding for terms and conditions in order to perform the Work.

6. Addenda and Interpretations

6.1 All questions concerning meaning or intent of Bid or Contract Documents shall be submitted to the County in writing via EUNA. Replies will be issued by Addenda in EUNA. Questions received less than seven (7) days prior to date for opening Bids will only be reviewed and will not be answered unless the County choses to extend the bid deadline. Only questions answered by formal Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. NOTE: It is the responsibility of the Bidder to ensure receipt of all Addenda issued.

6.2 The County may issue Addenda to modify Bid or Contract Documents as it deems necessary.

7. Bid Security (required)

7.1 Each Bid shall be accompanied by Bid Security payable to the County in an amount equal to five percent (5%) of the Bidder's maximum Bid price. Bid Security shall be in the form of either (i) a cashier's check (payable to “Forsyth County Board of Commissioners”) or (ii) Bid Bond issued by Surety meeting requirements contained in Qualifications of Surety Companies Section below. Bid Bond must be on the County provided form found in the Bid Documents. Failure to use the County forms shall constitute a non-responsive Bid and the Bid shall be rejected.

7.2 Bid Security for Successful Bidder will be retained until Bidder has executed an Agreement and furnished required Payment and Performance Bonds. If Successful Bidder fails to furnish the qualifications submittals or fails to execute and deliver the Agreement and furnish required Payment and Performance Bonds within ten (10) calendar days after Notice of Award, County may annul Notice of Award and Bidder's Bid Security will be forfeited.

7.3 Bid Security, for any Bidder that County believes to have reasonable chance to receive award, may be retained by the County until the ninety-first (91st) day after Bid opening. If Notice of Award is issued within ninety (90) calendar days after Bid opening, Bid Security for Successful Bidder receiving Notice of Award may be retained by County up to ninety (90) calendar days after Notice of Award.

7.4 Bid Bond shall be issued by a surety company in compliance with the requirements of the Qualifications of Surety Companies section below.

8. Bid Bond Forfeiture (if required)

The Successful Bidder, upon failure or refusal to execute and deliver the Contract and Bonds required within ten (10) calendar days after receipt of Notice of Award, shall forfeit to the County, as liquidated damages for such failure or refusal, the full amount of the Bid Security deposited with Bid.

9. Substitute or "Or Equal" Items

The Contract, if awarded, will be based on material and equipment described in Plans or specified in Specifications without consideration for possible substitute or "or equal" items. Application for substitute or "or equal" items will only be considered by the County after award of the contract. All bids shall be based on the information contained within the Contract Documents.

Procedure for submitting application and consideration by County is set forth in the Contract Documents.

10. Subcontractors, Suppliers and Others:

10.1 Each Bid shall identify names and addresses for subcontractors, suppliers, and other persons and organizations furnishing material and equipment, or Bid will be considered non-responsive. The Bidder is cautioned that any person, firm, or other party to whom it is proposed to award a subcontract under this Contract must meet the same conditions of experience, competent personnel, and workman's compensation insurance as the Bidder.

10.2 Bidders shall submit an Experience Forms with pertinent information for similar projects and qualifications for each subcontractor, supplier, person, and organization. If County, after due investigation, has reasonable objection to any proposed subcontractor, supplier, person, or organization, County may, before giving Notice of Award, request Successful Bidder to submit acceptable substitute(s) without increase in Bid price or anticipated completion of Project. If Successful Bidder declines to make substitution, County may elect not to award contract to Bidder. Bidder's declining to make substitution will not constitute grounds for sacrificing said Bidder’s Bid Bond.

10.3 Procedures for approving Subcontractors after executing an Agreement are described in the Contract Documents. No subcontractors may be employed without the specific written authorization of the County.

11. Submission of Bids

11.1 Each Bid shall contain following documents in completed form. In the event the information is not applicable the form should continue to be included and N/A may be used to reference “Not Applicable” (WHERE COUNTY FORMS

ARE PROVIDED THEY MUST BE USED WITHOUT SUBSTITUTION):

a) Bid Schedule ***Included in the Bid Documents, this form shall not be modified or replicated by a Bidder***

b) Bid Summary ***Included in the Bid Documents, this form shall not be modified or replicated by a Bidder***

c) Bid Security ***Bidders must provide a Surety Bond on the provided form or Cashier's Check***

d) Power of Attorney (applicable to Bonds only)

e) Solicitation Certificate - Sealed Bidders Information

f) Non-Collusion Affidavit

g) Contractor Affidavit and Agreement

h) List of Subcontractors

i) Addendum Acknowledgement

j) List of Subcontractors

k) Subcontractor Affidavit

l) Project Experience Form ***Bidder may supplement, but not replace, this form with letters of reference from a similar project(s).***

11.2 WHERE COUNTY BID FORMS ARE PROVIDED, THEY MUST BE USED

WITHOUT SUBSTITUTION. Use of Bid Forms other than those provided by the County shall constitute a non-responsive Bid and shall be rejected.

11.3 Bids shall be submitted before time indicated in advertisement for Bid and shall be submitted via EUNA.

11.4 Bids by corporations shall be executed in the full legal corporate name by its president or vice-president (or other corporate officer accompanied by evidence indicating officer has authority to sign) and corporate seal shall be affixed and attested by secretary or assistant secretary. Corporate address and state of incorporation shall be shown below signature. If Bid is executed by someone other than president or vice-president, attach to Bid certified corporate resolution by board of directors authorizing person to execute Bid for Corporation.

11.5 Bids by partnerships or limited liability companies (LLC) shall be executed in the full legal partnership or LLC name and signed by a partner or a member, as the case may be, whose title shall appear under signature and official partnership or LLC address shall be shown below signature.

11.6 If requested, person signing a Bid for a corporation, partnership, or LLC shall produce evidence satisfactory to County indicating person's authority to bind corporation, partnership, or LLC.

11.7 Names shall be typed or legibly printed below a signature.

11.8 Address, telephone number, and email for communications regarding the Bid shall be legibly shown.

11.9 More than one Bid received for same work from individual, firm, partnership, corporation, or association under same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for same work will cause County to reject all Bids from Bidder. If County believes collusion exists among Bidders, Bids from participants in collusion will not be considered.

11.10 Conditions, limitations, or provisions attached by the Bidder to the Bid Forms may cause its rejection. Bids containing items not included in the form of Bid will be considered irregular.

12. Modification and Withdrawal of Bids

12.1 Withdrawal of Bids: Bids may be withdrawn by written request only, if the request is received prior to the time and date set for the opening of bids.

Negligence on the part of the Bidder in preparing a Bid confers no right of withdrawal or modification of such Bid after Bid has been opened. No Bid may be withdrawn for a period of ninety (90) calendar days after time has been called on the date of opening.

12.2 Withdrawal Prior to Deadline for Receiving Bids: Bids may be modified or withdrawn by a Bidder via EUNA at any time prior to deadline for submitting Bids. Bid withdrawal will not prejudice Bidder's rights to submit new Bid prior to the posted Bid deadline for receiving Bids.

12.3 Withdrawal After Deadline for Receiving Bids: After the deadline for receiving Bids has expired, no Bid may be withdrawn, modified, or explained except as provided for in paragraph 21 below.

13. Opening of Bids

13.1 Bids will be opened publicly at the time and place set forth in the Invitation

To Bid and read aloud. Abstract listing amounts for Base Bids and major alternates will be made available after Bid opening.

13.2 After Bid opening Bidder has up to twenty-four (24) hours to notify the

Forsyth County Department of Procurement that Bidder made an obvious error in Bid calculation. Bid Bond withdrawal for this reason shall be requested in writing via EUNA within this same twenty-four (24) hour period.

Said written request shall be accompanied by sufficient documentation to demonstrate the origin and composition of the "obvious error". Bid Bond may not be withdrawn for any other reason.

14. Bids to Remain Open

Bids shall remain open for acceptance by County for ninety (90) calendar days after Bid opening. County may, at its sole discretion, release any Bid and return Bid Security prior to that date.

15. Award of Contract

15.1 The award for all Contracts established through an Invitation to Bid will be made to the lowest responsible Bidder meeting all specifications and whose Bid is responsive to the Invitation to Bid. This is the Bidder who submits the lowest price, whose bid meets the Specifications, who agrees to Contract terms and conditions with Forsyth County, and who is clearly capable of performing the resulting Contract. Therefore, the lowest responsible Bidder will not always be the Bidder who has submitted the lowest monetary Bid.

15.2 Any suggested revisions to Contract language must be requested in the form of a question during the Question and Answer (Q&A) period of the solicitation. A response to requested revisions will be made in the form of an Addendum.

15.3 To extent permitted by applicable state and federal laws and regulations, County reserves right to reject any and all Bids, to waive any and all informalities, and to disregard nonconforming, non-responsive, or conditional Bids. Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized form alterations, use of unauthorized forms, unauthorized alternate bids, incomplete or unbalanced unit prices, or other irregularities. Discrepancies between words and figures will be resolved in favor of correct sum. Any mistake which is obviously a clerical one, such as an error in price extension, or in placement of decimal points, reversal of prices, FOB destination, FOB point of origin, etc., may be corrected after verification is made by the Bidder. However, under no circumstances can unit prices be changed.

15.4 Contract will be awarded by County pursuant to applicable law. Nothing contained herein shall place duty upon County to reject bids or award contract based upon anything other than County's sole discretion as described herein.

15.5 County may consider qualifications of experience for subcontractors, suppliers, persons, and organizations proposed for Work.

15.6 County may conduct investigations deemed necessary to assist in evaluating Bids and to establish responsibility, qualifications, and financial ability for Bidders, proposed Subcontractors, persons, and organizations to do Work.

County reserves the right to reject Bid from any Bidder not passing evaluation to County's satisfaction.

15.7 The Successful Bidder will be required to furnish a Performance Bond and a Payment Bond, each in a sum not less than one hundred percent (100%) of the amount of the Contract. The bond forms are attached to the form of agreement marked exhibits.

15.8 Failure of the Contractor to submit approved Performance and Payment Bonds within the ten (10) calendar days after notification from the County to do so shall, at the discretion of the County, constitute a forfeiture of the Bid Bond.

16. Submittals by Successful Bidder

16.1 County intends to award contract to Bidder competent to perform and complete Work in satisfactory manner. County will require Successful Bidder to submit, within seven (7) calendar days after receiving written request from County and prior to contract award, Preliminary Progress Schedule, as set forth below.

16.2 Work Schedule shall be submitted via email to procurement agent and include time-scaled schedule and narrative in accordance with appropriate formats and sequencing conditions set forth in Specifications (including General Conditions). Activities shall identify significant submittals and approvals, major equipment deliveries, equipment testing, County's responsibilities, affected utilities, and other similarly involved third parties.

16.3 The Bid Schedule shall be complete and included with the bid at the Deadline for Receiving Sealed Bids.

16.4 Successful Bidder and Surety, if any, agree any delays within Bidder's control in delivering submittals shall constitute request by Bidder for time extension and Bid shall remain open for County's acceptance. If County agrees to time extension, Bidder shall comply with Submittal Requirement within five (5) additional calendar days. At County's option, failure by Successful Bidder to deliver submittals within extended period will void Bid evaluation and will constitute proof Successful Bidder has abandoned Bid, Bid Bond may be declared forfeited to County as liquidated damages, and Work may be awarded to another Bidder.

17. Taxes

17.1 Items on this Project are exempt from Federal Excise Tax and Georgia Sales and Use Tax. A certificate will be furnished if requested. Forsyth County is exempt from taxes but the Successful Bidder shall pay all taxes required of such Successful Bidder by law and Forsyth County cannot exempt others from tax.

17.2 Contractor shall pay applicable sales, consumer, use, and other similar taxes required by law. Contractor is responsible for reviewing pertinent state statutes involving sales tax and complying with requirements.

17.3 If, after the bid opening date, a new tax or an increase in an existing tax is imposed by the Federal or State government that directly affects the articles, materials, or equipment in this Contract, the successful Bidder may submit a request for a contract pricing adjustment, for approval by the County Procurement Agent, provided the Bidder can show the new or increased Federal or State tax, has taken effect after the bid opening date and directly affects the articles, materials, or equipment provided under this Contract.

The request must be submitted within thirty (30) days of the tax taking effect and must include evidence, in the form of a certified statement or affidavit from the supplier, manufacturer, or other relevant source, that explains the tax change, its effective date, the amount of the tax, and any other details requested by the County Procurement Agent. An approved adjustment will be effective only after a Contract modification pursuant to the Contract Document. The original Contract pricing will remain in effect until the date specified in the modification. If an issue regarding an adjustment request is not resolved, the County reserves the right to seek competition from other sources.

18. Qualifications of Surety Companies

18.1 In order to be acceptable to County, the Surety company issuing Bid Bonds or

Performance/Payment Bonds as required in Bid Documents, shall meet and comply with following minimum standards:

18.1.1 Bonding Company must be licensed to do business in Georgia by the

Georgia Secretary of State, authorized to do business in Georgia by the Georgia Insurance Department, listed in the Department of the Treasury's publication of companies holding certificates of authority as acceptable surety on federal bonds and as acceptable reinsuring companies and have an AM Best rating of A- and financial classification of VII or higher.

18.1.2 All Bonds must be submitted on forms provided by Forsyth County and agencies providing bonds and insurance must provide proof that they meet the criteria outlined in the Bid and Contract Documents.

18.1.3 Surety shall be admitted to do business in State of Georgia and shall be registered to provide such surety by the State of Georgia Insurance Commissioner.

18.1.4 Surety shall have been in business and have record indicating successful continuous operations for at least five (5) years.

18.1.5 Attorneys-in-fact who sign Bid, Performance or Payment Bonds shall file with the applicable Bond a certified power of attorney providing authority to sign the Bond.

18.1.6 Surety company agents shall list name, address, and telephone number on Bonds.

18.1.7 Performance and Payment Bonds shall extend twelve (12) months beyond date of final payment and shall contain waiver for alteration to Contract terms, time extensions, or forbearance on County's part.

19. General Information

19.1 CHANGES: No change will be made to this invitation except by written modification by the County Procurement Office via EUNA. Requests for interpretation or changes must be in writing and received at least (7) seven calendar days prior to the time set for opening of the bids.

19.2 FOB POINT: Bid price to include shipping, packing, crating, and unloading at address in Bid Schedule. Title to remain with Contractor until fully accepted by the County. Goods damaged or not meeting specifications will be rejected and removed at Contractor’s expense. Concealed damaged goods to remain property of the Contractor until replaced or removed at County's direction.

19.3 BID ACCEPTANCE TIME: Bids requiring acceptance by the County in less than ninety (90) calendar days could be rejected, unless so stated on "Bidder's Response Page" and accepted by the County.

19.4 NONDISCRIMINATION:

19.4.1 The Forsyth County Board of Commissioners is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. Forsyth County assures that no person shall on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity.

Forsyth County further assures that every effort will be made to ensure nondiscrimination in all of its programs and activities whether or not those programs and activities are federally funded. In addition, Forsyth County will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency. When Forsyth County enters into a contract with another entity utilizing federal aid funds, Forsyth County will include Title VI language in all written agreements and will monitor for compliance.

19.4.2 The Bidder in accepting this Contract, attests that it is in compliance with the nondiscrimination clause contained in Section 202 of Executive Order 11246, as amended, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, which is incorporated herein by reference.

19.5 BID RESULTS: Bid results will be posted on EUNA under Public Files.

19.6 REGULATORY AGENCIES: Successful Bidder will be responsible for all required permits or license required by any regulatory agency of the city, county, state or federal governments. Further, Successful Bidder will be responsible for meeting all requirements of any regulation(s) or guideline(s) of any of the said governments or any independent agency recognized by said governments as publisher of any such regulation(s) or guideline(s).

19.7 INDEPENDENT CONTRACTORS: The Bidder represents to Forsyth County that it is fully experienced and properly qualified to perform the functions provided for herein and that it is properly equipped, organized, and financed to perform such functions. The Bidder shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Forsyth County and nothing contained in this Invitation to Bid or a Contract resulting from same shall be construed to constitute the Bidder or any of its employees, servants, or agents or subcontractors as a partner, employee, servant, or agent of the County nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor.

19.8 INSPECTION OF RECORDS:

19.8.1 The records of the Procurement Office are open and accessible to the public in accordance with the provisions of the Georgia Open Records Act. Requests for inspection of records, must be in writing, must be reasonable, must contain sufficient information to facilitate retrieval, and must not interfere with the orderly operation of the Procurement Office.

19.8.2 Bidders are cautioned that any documentation submitted with or in support of a Bid will become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential,” “Proprietary,” or in any other manner will not protect this material from public inspection upon request. There will be a charge assessed to any person requesting copies of records.

20. Execution of Written Contract

Successful Bidder will be required to sign written Contract identified in Bid Documents as a draft form of Construction Services Agreement. Such Agreement contains terms and conditions of the contractual arrangement for the services. Such form of agreement will be modified as appropriate, at the County’s discretion, to include any additional specific terms related to the services being provided. Any questions regarding the form of services agreement must be submitted in writing by the deadline for questions specified in this Bid.

(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)

BID SPECIFICATIONS

BID NO. 26-43-3150

FOR: Providing all materials, equipment and labor for the traffic signal installation and intersection improvements at SR 400 and Bottoms Road

Project Manager: Scott Gunter, Forsyth County Department of Engineering

1) Traffic Control shall be in compliance with the Manual on Uniform Traffic Control

Devices.

2) All work shall conform to Forsyth County and Georgia Department of Transportation standard specifications, latest revision, including all supplemental specifications, the Manual on Uniform Traffic Control Devices, and the National Electric Code.

3) Contractor shall provide construction layout in accordance with GDOT Standard

Specifications Construction of Transportation Systems Section 149 prior to beginning any construction work.

4) All quantities shown are for estimating purposes only. It will be Contractor’s responsibility to verify all site conditions, quantities, and dimensions prior to ordering materials or mobilization, as applicable.

5) Any construction activity that requires lane closure or projected to interfere with the traffic flow will be performed between the hours of 9 A.M. through 4 P.M. only unless otherwise approved in writing by the County. The Contractor shall coordinate all such work to ensure compliance with these time restrictions and shall take all necessary measures to minimize traffic disruption.

6) The contractor shall locate underground utilities in vicinity of any underground work prior to beginning work.

7) The Forsyth County Department of Engineering will inspect all Construction.

8) The Lump Sum Traffic Signal Installation Pay Item shall include all work and items necessary to install traffic signal as show on the plans.

9) The Lump Sum Grading Complete Pay Item shall include grassing and erosion control for the project.

GENERAL CONDITIONS

The Contractor shall, at a minimum, adhere to the following:

1) Coordinate a post award site walk-through with the Project Manager to review and finalize the site layout, details, and any other Work related specifics prior to mobilization and commencing construction.

2) Prior to commencing construction Contractor will coordinate with the Project Manager regarding the removal and reinstallation of all on-site structures, equipment, and containers which may require temporary relocation.

3) Ensure that all required materials and equipment have been obtained and are available on-site prior to the commencement of Work.

4) Maintain a safe, clean job site at all times. At the end of each workday, contractor shall remove debris, properly dispose of waste, and haul away all trash generated by the work or workman.

5) Dispose of hazardous or construction materials in compliance with all local, state, and federal regulations. County dumpsters or trash haulers may not be used for hazardous materials or construction debris.

6) Be responsible for securing the work area with signage, barricades, cones, fencing, or other necessary measures to prevent public access during construction operations and any hazardous or unsafe areas shall be clearly marked. All signage, barricades, cones, fencing, or other necessary measures shall be removed as soon as the site has been deemed safe for public access.

7) Provide a one (1) year warranty covering repair or replacement of all defects in materials, equipment, or workmanship (“Warranty Period”) from the date of Final Completion (defined in the Agreement). Provide all maintenance services, including parts and labor, for one (1) year (“Maintenance Period”) from the date of Final Completion.

8) All work be performed in compliance with all local, state, and federal regulations and permitting requirements, including those specifically as administered by the U.S.

Environmental Protection Agency (EPA) and applicable state or local permitting authorities, when applicable.

9) At the beginning of the months of May, July, and September, Contractor shall neatly maintain, edge, trim trees, bushes, or tall grass, and mow all vegetative growth along or adjacent to the work site and dispose of waste and litter related to vegetative maintenance.

BID SUMMARY

BID NO: 25-89-3150

FOR: Providing all materials, equipment and labor for the traffic signal installation and intersection improvements at SR 400 and Bottoms Road

Bidder accepts terms and conditions contained in Bid Document Package including, without limitation, those dealing with County’s time for accepting Bid and disposition of Bid Security.

Bidder has examined the site and locality where the Work is to be performed and legal requirements (federal, state, and local laws, ordinances, rules, and regulations) and conditions affecting Work cost, difficulty, progress, or performance and has made independent investigations as Bidder deems necessary.

Bidder has given County written notice concerning conflicts, errors, or discrepancies discovered in Bid Document Package and the written resolution by County is acceptable to Bidder. All work is to be completed as specified in Bid Specifications and Drawings.

Total Bid amount to complete all work as detailed. This number should correspond with the Total Bid detailed in the Bid Schedule Excel file attached separately in EUNA.

Total Bid amount written in words:

Authorized Signature:

Company Name:

Printed Name and Title:

NON-COLLUSION AFFIDAVIT

BID DATE: ______________

PROJECT DESCRIPTION: __________________________________________________

STATE OF _______________ }

COUNTY OF _____________}

__________________________________________, being first duly sworn, deposes and says that (s)he is ___________________________________ (the sole owner, a partner, the president, secretary, etc.) of ____________________________________________________ the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or a sham; that said Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any Bidder or person, to put in a sham Bid, or that such other person refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Bid price of affiant or any other Bidder, or to fix any overhead, profit or cost element of said Bid price, or that of any other Bidder, or to secure any advantage against Forsyth County, or any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such Bidder has not, directly, or indirectly submitted this Bid, or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof.

Affiant: Date:

Signed and sworn to (or affirmed) before me on ___________________, 20____ by Printed name(s) of individual(s) making statement who proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Personally Known Or Produced Identification (ID) Type of ID # of ID (last 4 digits only) ID Expiration Date

Notary Public My Commission expires:

(Notary Seal)

SEALED BID NO: 26-43-3150

SOLICITATION CERTIFICATE

Date of Sealed Bid: __________________

The undersigned agrees, if this Sealed Bid is accepted within 120 calendar days after date of opening, to furnish all equipment, materials, or services in strict accordance with the provisions of this Invitation to Bid, at the price and terms and according to specifications or other provisions in this bid package. All work is to be substantially completed within 120 calendar days of issuance of Notice to Proceed. DO NOT INCLUDE ANY TAXES IN THE BID

PACKAGE AS FORSYTH COUNTY IS EXEMPT BY LAW.

Any supplier/vendor/contractor providing services to Forsyth County shall have a Forsyth County business license to the extent required by law and Forsyth County’s business occupation tax ordinance.

SEALED BIDDER’S INFORMATION

Company Full Legal Name:

Tax I.D. No.

Person Authorized to Submit this Bid:

Signature

Print Name

Title

Street Address: Mailing Address:

Contact person for this bid:

Name

Telephone

Email

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A.

§ 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of Forsyth County, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b).

Contractor agrees that the employee-number category designated below is applicable to the Contractor:

___ 500 or more employees ___ 100 or more employees ___ Fewer than 100 employees

Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

Traffic Signal Installation at SR 400 and Bottoms Road Name of Project

Forsyth County, Georgia Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________, 202__ in ____________________ (city), ______ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

THIS _____ DAY OF ______________, 202__.

Notary Public My Commission Expires: _______________

[NOTARY SEAL]

ADDENDUM ACKNOWLEDGEMENT

Bidder acknowledges that the following addenda have been received and included in the proposal:

Addendum No.

Date Issued Addendum No.

Date Issued Addendum No.

Date Issued

I hereby acknowledge receipt of the following checked Addendum of the Sealed Bid, Plans, Specifications, and/or other documents pertaining to the Project.

I understand that failure to confirm the receipt of addendum is cause for rejection of Sealed Bids. It is the responsibility of the Bidder to ensure receipt of all addenda.

Variances: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation and the Bid Documents related thereto you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The County does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A.

Authorized Signature: Date:

BID BOND

BID NUMBER: 26-43-3150 BOND NO: ______________

FORSYTH COUNTY, GEORGIA BID NO: ________________

KNOW ALL MEN BY THESE PRESENTS, that

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership or individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) a Corporation of the State of , a surety listed in the federal registry and authorized by law to do business in the State of Georgia, hereinafter called Surety, are held, and firmly bound unto:

Forsyth County Board of Commissioners 110 Main Street, Cumming, GA 30040 in the penal sum of: Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to Forsyth County, Georgia, a proposal for furnishing materials, labor, and equipment for:

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Forsyth County, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Forsyth County, Georgia, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Forsyth County, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Forsyth County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. 13-10-1, et seq. and 36- 91-41, et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

(This space intentionally left blank)

(Signatures Next Page)

IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed and executed under seal by their duly authorized officers this __________ day of _______________________ 202____.

CONTRACTOR:

By: ____________________________________(SEAL)

Name: _______________________________

Title: ___________________________

Date: ______________________

Attest: [Corporate Seal] By: ______________________________

Name: __________________________

Title: ___________________________

Date: __________________

CONTRACTOR’S SURETY:

By: ____________________________________(SEAL) (Attorney-in-Fact and Resident Agent)

Name: ________________________________

Date: _______________________

Attest: [Corporate Seal] By: ______________________________

Name: __________________________

Title: ___________________________

Date: __________________

NOTE: Date of Bond must not be prior to date of Contract. If Contractor/Principal is a Partnership, all partners should execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

(ATTACH SURETY’S POWER OF ATTORNEY)

LIST OF SUBCONTRACTORS

(initial as applicable)

________I DO NOT propose to enlist subcontractors, suppliers, and other persons/organizations to furnish material and equipment to some of the work on this Project.

________I DO propose to enlist subcontractors, suppliers, and other persons/organizations for some of the work on this Project as follows:

SUBCONTRACTOR NAME AND ADDRESS TYPE OF WORK FOR THIS PROJECT

NOTE: All subcontractors will be required to complete a subcontractor E-Verify affidavit prior to starting work (affidavit form will be attached to the final contract).

COMPANY NAME:

SUBCONTRACTOR AFFIDAVIT

STATE OF GEORGIA

COUNTY OF FORSYTH

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________ (name of contractor) on behalf of Forsyth County, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt.

Subcontractor agrees that the employee-number category designated below is applicable to the Subcontractor:

□ 500 or more employees □ 100 or more employees □ Fewer than 100 employees

Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Subcontractor

Traffic Signal Installation at SR 400 and Bottoms Road Name of Project

Forsyth County, Georgia Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _______________, 202____ in _____________________(city), ______(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE

ME ON THIS THE _________ DAY

OF _________________,202____.

NOTARY PUBLIC

My Commission Expires: ________________

[NOTARY SEA

References

Please list at least three (3) references below where a Bidder has provided similar services in similar size and scope.