Bid 24_53_3330 Odor Control Carbon Replacemen.pdf

Forsyth County Procurement Department

514 West Maple Street, Suite 104 Cumming, GA 30040 | Phone 770.888.8872

Invitation to Bid

Bid # 24-53-3330

Odor Control Carbon Replacement at Water Reclamation Facilities

Forsyth County

Cumming, GA

Closing Date and Time:

September 26, 2024, 2:00 pm

ADVERTISEMENT

INVITATION TO BID NO. 24-53-3330

Forsyth County, Georgia is soliciting competitive bids from qualified service providers for the following services generally described as the routine operation, repair, or maintenance of existing structures, buildings, or real property and more specifically described as:

Odor Control Carbon Repalcement at Water Reclamation Facilities. The three Facilities are Fowler Water Reclamation Facility, Shakerag Water Reclamation Facility, and James Creek Water Reclamation Facility.

Forsyth County uses a procurement portal powered by Bonfire Interactive (“Bonfire”) for digitally accepting and evaluating bids, statements of qualification, and proposals.

Bids shall only be accepted online through Bonfire.

Any proposal submitted in any other form (email, paper, fax, mail, etc.) will not be accepted for any reason.

Bids are due by 2:00 P.M. (Local Time) on September 26, 2024.

Bids will be publicly opened and read aloud at 2:30 P.M. (Local Time) on September 26, 2024 at Forsyth County Procurement Department, 514 W. Maple St. Suite 104, Cumming, GA 30040, or via Microsoft Teams.

All bids must remain valid for a minimum of 120 days after the actual date of the opening.

Award of the bid will be made at a later date. Forsyth County reserves the right to reject any or all bids, to waive technicalities, and to make an award deemed in its best interest. Bids may be split or awarded in entirety.

Greg Bridges Deputy Director, Procurement

To Web: August 26, 2024

Invitation to Bid 24-53-3330

Date Issued: August 26, 2024

For: Forsyth County is seeking bids from qualified bidders to provide Odor Control Carbon Replacement at Water Reclamation Facilities in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (“ITB”)

Deadline for Receiving Sealed Bids 2:00 p.m. (EST) Thursday, September 26, 2024

Bids will be opened at: 2:30 p.m. (EST) Thursday, September 26, 2024 Procurement Department 514 West Maple Street, Suite 104 Cumming, GA 30040

No Questions will be accepted after:

Wednesday, September 18, 2024 12:00 p.m. (EST)

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

Bonds Bid Bonds are Required

Sealed bids will be opened at the above time, date, and place. The bid will be awarded later, pending evaluations of all bids submitted.

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

Interested parties may log in to Bonfire to obtain the bid tabulation.

TABLE OF CONTENTS

Invitation to Bid

SECTION I- Introduction and Information

SECTION II -Solicitation Terms and Conditions

SECTION III – Scope of Services

Non-Collusion Affidavit

Contractor Affidavit and Agreement

General Services Agreement

Project Description

Odor Control Carbon Replacement at Water Reclamation Facilities. The three Facilities are Fowler Water Reclamation Facility, Shakerag Water Reclamation Facility, and James Creek Water Reclamation Facility.

SECTION I- Introduction and Information

1.1 Purpose

Forsyth County (“County”) is seeking bids from qualified, experienced, and licensed Bidders to provide Odor Control Carbon Replacement at Water Reclamation Facilities, in accordance with the terms, conditions, specifications, and scope of services contained in this ITB.

1.3 Reserved

1.4 Bonfire

Forsyth County uses Bonfire (https://www.forsythco.com/Departments-

Offices/Procurement/Bids-Results) to administer the competitive solicitation process, including but not limited to soliciting bids, issuing addenda, posting results, and issuing notification of an intended decision.

There is no charge to register and download the ITB from Bonfire. Bidders are strongly encouraged to read the various vendor Guides and Tutorials available in Bonfire as well in advance of their intention of submitting a bid to ensure familiarity with the use of Bonfire. The County shall not be responsible for a Bidder's inability to submit a bid by the end date and time for any reason, including issues arising from the use of Bonfire. There is no charge to Bidders to register and participate in the solicitation process, nor will any fees be charged to the awarded Bidder.

1.5 Point of Contact

For information concerning procedures for responding to this solicitation, contact the Procurement Agent, Greg Bridges, at (770) 888-8872 or email at GEBridges@forsythco.com. This contact is for clarification purposes only.

For questions concerning scope of services, please utilize the question/answer feature provided by Bonfire at https://www.forsythco.com/Departments-Offices/Procurement/Bids- Results. Questions must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of Bonfire). Bidders, please note: No part of your bid can be submitted via fax. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized itself with the nature and extent of the work, equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in Bonfire shall become part of this ITB.

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

It is the sole responsibility of the Bidder to ensure that its bid is submitted electronically through Bonfire at https://www.forsythco.com/Departments- Offices/Procurement/Bids-Results.

SECTION II -Solicitation Terms and Conditions

2.1 Addenda, Changes, and Interpretations

It is the sole responsibility of each Bidder to notify the Procurement Agent utilizing the question/answer feature provided by Bonfire and request modification or clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this competitive solicitation.

Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. All questions and requests for information received through Bonfire will be responded to by an official written addendum issued by the County and uploaded to Bonfire as an addendum to the ITB. Under no circumstances shall an oral explanation given by any County official, officer, staff, or agent be binding upon the County. Such oral explanation should be disregarded. 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 the addenda issued.

2.2 Changes and Alterations

Bidder may change or withdraw a bid at any time prior to bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the bid deadline.

2.3 Withdrawal of Bid

The Bidder shall give notice in writing of its claim to withdraw its bid, without penalty, due to an error within twenty-four hours (24) after the conclusion of the bid opening procedure. Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, the mistake was a clerical mistake as opposed to a judgment mistake, and was due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and material used in the preparation of the bid sought to be withdrawn. The Bidder’s original work papers shall be the sole acceptable evidence of error and mistake if Bidder elects to withdraw its bid.

No Bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the contractor to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the services for which the withdrawn bid was submitted.

Bid withdrawal is not automatically granted and will be allowed solely at Forsyth County’s discretion.

2.4 Bidder’s Costs

The County shall not be liable for any costs incurred by Bidders in responding to this ITB.

2.5 Pricing

All pricing should be identified on the Bid Schedule form provided in this ITB. No additional costs may be accepted other than the pricing and costs stated on the Bid Schedule. Failure to use the County’s Bid Schedule form and provide pricing as requested in this ITB may cause your bid to be deemed non-responsive.

Bidder shall quote a firm, fixed price for all services stated in the ITB. All costs, including travel, shall be included in the price. The County shall not accept additional costs, including any travel associated with the services.

2.6 Price Validity

Prices provided in this ITB shall be valid for at least one hundred twenty

(120) days from the ITB opening unless otherwise extended and agreed upon by the County and Bidder. The County shall award the contract within this time period or request from the recommended awarded contractor an extension to hold pricing until services have been awarded.

2.7 Prices Quoted

Deduct trade discounts and quote firm net prices. Give both service prices and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern.

2.8 Taxes

Goods and services are exempt from Federal Excise Tax and Georgia Sales and Use Tax. A certificate will be furnished upon request. Forsyth County is exempt from taxes, but the successful Bidder shall pay all taxes required by law. Forsyth County cannot exempt others from tax. State Sales tax exemption number is 58-6000828.

2.9 Discounts

Bidders may offer discounts for prompt payment, but such discounts will not be considered when determining the award. If a Bidder provides a discount, it is understood that the discount time will be computed from the later of the date of satisfactory delivery at the place of acceptance or receipt of the correct invoice at the office specified.

2.10 Related Expenses/Travel Expenses

Your bid must include all costs, including travel. The County will not accept additional costs.

2.11 Submission and Receipt of Bids

To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders shall use the Bid Schedule and other forms provided by the County. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten, or filled in with pen and ink. Bids shall be signed in ink.

Separate bids must be submitted for each ITB issued by the County. Bids are only accepted through Bonfire. No paper bids shall be considered. Bids will be publicly opened in the Procurement Department or other designated area in the presence of Bidders, the public, and County 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 Bonfire under Public Files.

2.12 Mistakes

The Bidder shall examine this ITB carefully. Bidder’s submission of a bid shall be prima facie evidence that the Bidder has complete knowledge of the scope, nature, and quality of the work to be performed, the detailed requirements of the specifications and scope of services, and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the any contract entered into as a result of this ITB.

Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, appendices, delivery instructions, and special conditions pertaining to the ITB.

2.13 Qualifications/Inspections

Bids will only be considered from Bidders normally engaged in providing the types of services specified herein. The County reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time or to take any other action necessary to determine the Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate an inability to perform.

2.14 Acceptance of Bids / Minor Irregularities

2.14.1 The County reserves the right to accept or reject any or all bids or portions of bids, and to waive minor irregularities or variances to specifications contained in bids. The County also reserves the right to reissue an ITB.

2.14.2 The County reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. The Bidder will be required to execute a Non-Collusion Affidavit and submit it with the bid documents.

2.15 Verbal Instructions Procedure

No negotiations, decisions, or actions shall be initiated or executed by the Bidder as a result of any discussions with any County employee. Only those communications in writing from an authorized County representative may be considered. Only written communications from Bidders by a person designated as authorized to bind the Bidder will be recognized by the County as duly authorized expressions on behalf of Bidders.

2.16 No Exclusive Contract

Bidder agrees and understands that any contract awarded from this ITB shall not be construed as an exclusive arrangement and further agrees that the County may, at any time, secure similar or identical services from another contractor at the County’s sole option.

2.17 Form of General Services Agreement

Attached to this ITB is a draft form of general services agreement which contains terms and conditions of the contractual arrangement for the services. Such form of agreement will be modified as appropriate, in the County’s discretion, to include any additional specific terms related to the services being provided. Any questions regarding the form of general services agreement must be submitted in writing by the deadline for questions specified in this ITB.

2.18 Background Checks

Forsyth County reserves the right to have any Bidder or potential contractor undergo a Forsyth County Sheriff’s Office criminal history background check for any project at the contractor’s cost. Potential contractors must undergo background checks when working in any County-operated facility, with the associated fees falling under the contractor's responsibility.

2.19 Minimum Qualifications

To be eligible for the award of a contract in response to this ITB, the Bidder must demonstrate that it has completed services, as specified in the scope of services section of this ITB, is normally and routinely engaged in performing such services, and is properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest with respect to the County.

2.19.1 Bidders and principals shall have no record of judgments, pending lawsuits against the County, or criminal activities involving moral turpitude and shall not have any conflicts of interest that have not been waived by the County.

2.19.2 Neither Bidder nor any principal, officer, or stockholder shall be in arrears or default of any debt or contract involving the County (as a party to a contract or otherwise), nor have they failed to perform faithfully on any previous contract with the County.

2.20 Public Records/Trade Secrets

Careful consideration should be given before submitting confidential information to the County. County’s disclosure of records and documentation is governed by the Georgia’s Open Records Act, which permits public scrutiny of most materials collected as part of this process. If Bidder submits information that contains trade secret information and if Bidder wishes to keep such information confidential, Bidder must submit and attach to such information an affidavit affirmatively declaring that specific information constitutes trade secrets pursuant to the Georgia Trade Secrets Act of 1990, O.C.G.A. §10-1-760 et seq., and the Bidder and County will follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.

2.21 Reservations for Award and Rejection of Bids

The County reserves the right to accept or reject any or all bids, parts of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The County also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the County. The County reserves the right to award the responsive and responsible bidder whose service meets the ITB's terms, conditions, and specifications and whose bid is considered to best serve the County’s interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following, among other factors, may be considered when applicable: the ability, capacity, and skill of the Bidder to perform as required; whether the Bidder can perform promptly or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder’s financial resources; the availability, quality and adaptability of the Bidder’s supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; and the number and scope of conditions attached to the bid.

2.22 E-Verify Affidavit

Under state law, the County shall not enter into a contract for the physical performance of services unless the potential contractor provides an affidavit, in the form attached to this ITB, regarding contractor’s compliance with the E-Verify program. The contractor’s affidavit form shall be completed and submitted with the Bidder’s response to this ITB.

2.23 Rules and Submittals of Bids

The signer of the bid must declare that the only person(s), company, or parties interested in the bid as principals are named therein; that the bid is made without collusion with any other person(s), company, or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the Bidder.

2.24 Intent to Award

Any notice of intent to award a contract resulting from this ITB and the County’s formal solicitation process may be found on Bonfire.

2.25 Bidder Solicitation Information

The County maintains automated vendor address lists generated for each commodity class item through our bid issuing service, Bonfire. Notices of ITBs are sent by email notification to the bidders who have fully registered with Bonfire. Prospective Bidders may then view the bid documents online.

Bidders who have been informed of an ITB's availability in any other manner are responsible for registering with Bonfire to view the bid documents. There is no fee for doing so. If you wish bid notifications to be provided to another email address, please contact Bonfire.

SECTION III – Scope of Services

3.1. General Information

Odor Control Carbon Repalcement at Water Reclamation Facilities. The three Facilities are Fowler Water Reclamation Facility, Shakerag Water Reclamation Facility, and James Creek Water Reclamation Facility.

3.2. Scope of Work

The Contractor shall be responsible for providing all labor, equipment, and materials to changeout odor control media for the Fowler, James Creek, and Shakerag Water Reclamation Facilities:

1. Removal of existing media in Odor Control units at the 3 facilities.

2. Disposal of existing media in Odor Control units at the 3 facilities.

3. Installation of new media in the Odor Control units at the 3 facilities.

4. Startup of Odor Control units at the 3 facilities.

Approximate volumes of media to be replaced:

Fowler WRF – 678 cubic feet James Creek WRF – 153 cubic feet Shakerag WRF – 471 cubic feet

Materials Requirement:

Sulphabsorb XL or Equivalent

Locations:

Fowler Water Reclamation Facility 4050 Carolene Way Cumming, GA 30040

James Creek Water Reclamation Facility 1224 Swallowtail Drive Suwanee, GA 30024

Shakerag Water Reclamation Facility 545 Kemp Road Suwanee, GA 30024

3.3.

All work to be completed during business hours:

Monday – Friday 7:00 A.M. to 4.00 P.M.

Bid Schedule

ITB #24-53-3300

Summary of All Items Bid

FOR: Furnishing all labor, equipment, and materials necessary for Odor Control Carbon Replacement at Water Reclamation Facilities. The Bidder must examine bid documents and form of services agreement before submitting a bid.

Bid Item No.

Item Description Cubic Feet

Price Per Cubic Foot

Price Per Facility

1 Fowler WRF Replacement

James Creek WRF

Replacement 153

Shakerag WRF Replacement 471

GRAND TOTAL ALL FACILITIES

Bidder accepts the terms and conditions contained in the ITB document package, including, without limitation, those dealing with the County’s time for accepting the bid.

Bidder has examined the site and locality where the services are to be performed, legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and conditions affecting 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 the ITB document package, and the written resolution by the County is acceptable to Bidder. All services are to be completed as specified in the ITB specifications and scope of services.

Proposed Materials: ___________________________________________________________________

Total lump sum to complete all work as detailed: $

Total bid (in written form):

Authorized Signature:

Company Name:

Printed Name and Title:

REFERENCES

Please list at least three (3) references below where a Bidder has provided similar services in similar size and scope. Please do not include Forsyth County as a reference here.

1) Business Name Contact Name

Address

Phone Email

Contract Value Year

Description

2)

3)

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 (“Bidder”); 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 the 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

Type and # of ID (last 4 digits)

ID Expiration Date

Notary Public (SEAL)

Contractor Affidavit and Agreement

STATE OF GEORGIA

COUNTY OF FORSYTH

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 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

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

[NOTARY SEAL]

My Commission Expires: ___________

Solicitation Certification

The undersigned agrees, if this 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.

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 and a business license in the county the Bidder is located to the extent required by law, including the County’s business license/occupation tax ordinance.

SEALED BIDDER’S INFORMATION

Company Name Name of Person Authorized to Submit this Bid

Street Address:

Title

Mailing Address: Contact person for this bid:

Name

Telephone

Tax I.D. # Email

Addendum Acknowledgement

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

Addendum No.

Date Issued Addendum No.

Date Issued Addendum No.

Date Issued

I hereby acknowledge receipt of the following checked Addendum of the plans, specifications, and/or other documents pertaining to the services or 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, 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 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

FORSYTH COUNTY

BID NUMBER: 24-53-3330

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 _________, and a surety 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 hereinafter referred to as Obligee, 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- 86-101, 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)

BID NUMBER: 24-53-3330

BID DATE:

Signed, sealed, and dated this _______________ day of _________________ A.D., 202____.

ATTEST:

(Principal Secretary) (Principal)

By:

(SEAL)

(Witness as to Principal) (Address)

(Address) (Surety)

ATTEST: By:

(Attorney-in-Fact and Resident Agent)

(Attorney-in-Fact)

(Witness as to Surety) (Address)

(Address)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is 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.

CONSENT OF SURETY

(This Consent of Surety is Part of the Bid Documents)

PROJECT DESCRIPTION:

KNOW ALL MEN BY THESE PRESENTS, that we , as principal and

(Name of Company), a Corporation created and Surety existing under the laws of the State of and having its principal office at

(Complete Address of Surety Company) are held firmly bound unto Forsyth County, Georgia hereby jointly and severely bind ourselves, our heirs, successors, administrators, executors, legal representatives, and assigns by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas, the above named principal submits the herewith Bid for Construction of Freedom Park Campus.

Forsyth County, Georgia to the Board of Commissioners of Forsyth County, Georgia in conformance with the Advertisement for Bids and Information for Bidders; we, the above Surety will meet all stipulations and will execute the Surety Bonds as hereinafter, to the above named principal in the event he should be awarded a Contract and in the amount of one hundred percent (100%) of the total Bid Price for performing the work and guaranteeing its performance in conformity with the Plans and Specifications and in amount one hundred percent (100%) of the total Bid Price for the payment of all persons performing labor or furnishing materials therewith, to Forsyth County, Georgia.

(This space intentionally left blank)

CONSENT OF SURETY

(Continued)

(This Consent of Surety is Part of the Bid Documents)

WITNESS OUR SIGNATURES this day of , 202__.

Attest: By:

(Principal Secretary) (Principal- printed name, title)

By:

(SEAL) (Signature)

Surety:

Attest: __________________________________ (Name of Surety)

By: __

(Attorney in Fact and Resident Agent)

Witness as to Surety

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.

GENERAL SERVICES AGREEMENT

ITB NO. 24-53-3330

CONTRACT NO. ____________________

THIS GENERAL SERVICES AGREEMENT (this “Agreement”) is made and entered into as of the __________ day of __________, 2024 (the “Effective Date”), by and between FORSYTH

COUNTY, a political subdivision of the State of Georgia (“County”), and _________________________, a ______________, (“Contractor”), collectively, the “Parties”.

WITNESSETH THAT:

WHEREAS, the County desires to retain Contractor to provide certain services generally described as __________________________________________________________________________; and

WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work (as hereinafter defined); and

WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and

WHEREAS, the public interest will be served by this Agreement.

NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereby do mutually agree as follows:

I. SCOPE OF SERVICES AND TERMINATION DATE

A. Exhibits Incorporated into this Agreement. The following Exhibits are attached hereto and incorporated herein by this reference:

Exhibit “A” – Scope of Services

Exhibit “B” – Compensation of Services

Exhibit “C” – Insurance Requirements

Exhibit “D” – Contractor Affidavit

Exhibit “E” – Subcontractor Affidavit

B. The Scope of Services. The services and work to be performed and completed under this

Agreement (the “Work”) is described in the scope of services set forth in Exhibit “A”, attached hereto and incorporated herein by reference.

C. Term of Agreement.

(1) Contractor shall perform the Work in a prompt and timely manner which will not impose delays. This Agreement shall continue in effect until the earlier of i) the date the Work is completed, ii) the earlier termination of this Agreement pursuant to the terms hereof, or iii) ____________________________________ (the “Term”).

(2) As required by O.C.G.A. § 36-60-13, this Agreement shall terminate absolutely and without further obligation on the part of the County on December 31 of each calendar year of the Term; provided, however, that this Agreement shall automatically renew on January 1 of each subsequent calendar year during the Term unless the County provides written notice of non-renewal to Contractor at least five (5) days prior to the end of the then current calendar year. Further, this Agreement shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unobligated funds available to satisfy the County’s obligations under this Agreement.

Title to any supplies, materials, equipment, or other personal property shall remain in

Contractor until fully paid for by the County.

II. WORK CHANGES

The County reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the County authorizing and directing a change in services. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time and shall be delivered to Contractor. Contractor must submit any claim regarding such adjustment in price or completion time in writing within thirty (30) days of receiving notice of the change order. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time, to avoid delay or other unfavorable impacts as determined by the County in its sole discretion, the County shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. No claim for additional compensation or extension of time shall be recognized unless contained in a written change order duly executed on behalf of the County.

III. COMPENSATION AND METHOD OF PAYMENT

A. County agrees to pay the Contractor for the Work performed and costs incurred by

Contractor upon certification by the County that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed (and reimbursement for costs incurred, where such reimbursement is specifically authorized in Exhibits “A” and “B” attached hereto) shall be paid to the Contractor upon receipt and approval by the County of invoices setting forth in detail the Work performed and costs incurred, together with all supporting documents requested by the

County to process the invoice. Invoices shall be submitted on a monthly basis and must include the Contract number and an itemized statement of the Work completed, including a breakdown of the Work completed during the invoice period for each task or component of the Work as a percentage of the total Work authorized for such task or component. No payment will be made for Work performed until the Contractor furnishes the County with an invoice meeting these requirements. The County is exempt from Federal

Excise Tax and Georgia Sales and Use Tax.

Any material deviations from the Work described in this Agreement shall be clearly communicated to the County before charges are incurred and shall be handled through change orders as described in

Section II above.

B. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not in any case exceed the amount specified in Exhibit “B” attached hereto, except as outlined in Section II above, and the Contractor represents that such amount is sufficient to perform all of the Work described in and contemplated by this Agreement. The compensation for Work performed (and reimbursement for costs incurred, if specifically authorized) shall be as specified in this

Agreement.

C. The compensation as provided for in this Agreement shall be received by Contractor as payment in full for Work done. All labor, materials, and equipment will be paid as set forth in Exhibit “B” attached hereto. There shall be no percentage mark-up other than as stated in such Exhibit “B”.

IV. COVENANTS OF CONTRACTOR

A. Expertise of Contractor; Licenses, Certification and Permits; Performance.

Contractor recognizes that the County’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, skill, and judgment to timely and competently complete the Work undertaken by Contractor under this Agreement. The Contractor shall employ only persons duly qualified in the appropriate area of expertise (as applicable) to perform the Work described in this Agreement.

The Contractor covenants and declares that it is properly equipped, organized, and financed to perform the Work and that it has obtained all diplomas, certificates, licenses, permits, or the like (if any) required of the Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees, or other regulatory bodies in order to perform the Work contracted for under this

Agreement. All Work performed by Contractor under this Agreement shall be in accordance with all applicable federal, state, and local laws, regulations, rules, policies, guidelines, processes, and requirements, and in accordance with the standard of care, skill, ability, and quality ordinarily exercised by competent qualified providers performing similar services under similar conditions and circumstances. Any additional work or costs incurred as a result of error or omission by Contractor in not complying with this Section or any other part of this Agreement will be provided by Contractor at no additional cost to the County. This provision shall survive termination of this Agreement.

B. County’s Reliance on the Work.

The Contractor acknowledges and agrees that the County does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the County bears no responsibility for

Contractor’s Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of designs, plans, specifications, or other work product by the County (if any) is limited to the function of determining whether there has been compliance with what is required to be produced under this

Agreement. The County will not, and need not, inquire into adequacy, fitness, suitability, or correctness of

Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or other work product (if any) by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles.

C. Assignment of Agreement.

The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the County. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the County shall have no obligation to them.

D. Responsibility of Contractor and Indemnification of County.

Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or County on account of the performance or character of the Work rendered pursuant to this

Agreement.

Contractor shall indemnify, defend, and hold harmless County and County’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys, and volunteers (each party individually, an “Indemnified Party”) for, from, and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses, and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent, or tortious act or omission arising out of the

Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor, or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by an

Indemnified Party (collectively, “Indemnity Obligation”). The Indemnity Obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision.

In any and all claims against an Indemnified Party by any employee of Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor, or anyone for whose acts Contractor or subcontractor may be liable, the Indemnity Obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts. The Indemnity Obligation shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement.

E. Independent Contractor.

Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the County. Nothing in this Agreement shall be construed to make the Contractor or any of its employees, servants, or subcontractors an employee, servant, or agent of the County for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and materials necessary to complete the

Work; the hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the County by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give the County the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the County with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the County may hire additional entities to perform the Work related to this Agreement.

F. Insurance.

The Contractor shall have and maintain in full force and effect for the duration of this Agreement insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors, including, but not limited to, commercial general liability coverage, professional liability coverage, and workers’ compensation coverage. Contractor shall maintain insurance policies with coverage and limits no less than those specified in Exhibit “C”, attached hereto and incorporated herein by reference.

All policies shall be subject to approval by the County. These requirements are subject to amendment or waiver if so approved in writing by the County Manager.

The County shall be named as an additional insured and loss payee on all policies required by this

Agreement, except the County need not be named as an additional insured and loss payee on any professional liability policy or workers’ compensation policy. Any liability insurance coverage shall be primary noncontributing insurance as to any other insurance or self-insurance available to the County. The policies shall include a contractual liability coverage endorsement incorporating the insurable indemnification obligations of the Contractor under this Agreement. The insurer providing workers’ compensation coverage will agree to waive all rights of subrogation against the insured parties for losses arising from Work performed by the Contractor for the County. Further, each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be canceled or materially reduced except after thirty (30) days prior written notice has been given to the County. The County reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law.

Contractor shall furnish the County with certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The certificates of insurance and required endorsements shall be furnished on a form utilized by Contractor's insurer in its normal course of business. The County reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.

Insurance companies must be licensed to do business in Georgia by the Georgia Secretary of State, authorized by the Georgia Insurance Department, and have an AM Best policyholder’s rating of no less than “A-” and with a financial rating of class VII or…