Bid 26-76-3150 2026 Road Resurfacing.pdf

Forsyth County Procurement Department 2435 Freedom Parkway, Suite 3100

Cumming, GA 30041 | Phone 770.888.8872

Invitation to Bid

Bid No: 26-75-3150

2026 Road Resurfacing Program

Forsyth County Cumming, Georgia

Closing Date and Time:

August 13, 2:00 pm

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Procurement Department

INVITATION TO BID

BID NO: 26-75-3150

Date Issued: July 10, 2026 Forsyth County, Georgia is seeking competitive bids from qualified vendors to provide all materials, equipment and labor, and equipment required for the resurfacing of roads, totaling 55.31 miles. All asphalt job mix formulas shall conform to Superpave Design Level “1”.

Deadline for Receiving Bids:

2:00 P.M. (EST)

Thursday, August 13

Bids will be opened at:

2:30 P.M. (EST)

Thursday, August 13 Forsyth County Administration Building Liberty Training Room 2435 Freedom Parkway, Suite 1010 Cumming, GA 30041 And online via Microsoft Teams

Deadline for Questions:

No Questions will be accepted after:

2:00 P.M. (EST)

Monday, August 3 All questions must be asked through EUNA under Opportunity Q&A No questions accepted outside of EUNA

Bonds:

Bid Bond will be required Performance & Payment Bonds Will be Required due upon award

Forsyth County uses a procurement portal powered by EUNA Procurement formerly Bonfire Interactive (“EUNA”).

Bids will be opened at the time, date, and place stated above; and online via Microsoft Teams (visit the Forsyth County Procurement Department webpage for information).

Bid award will be announced later pending evaluations of all bids submitted. Interested parties may log in to EUNA to obtain the bid tabulation.

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Procurement Department

TABLE OF CONTENTS

INVITATION TO BID

SOLICITATION STANDARD TERMS AND CONDITIONS

BID SPECIFICATIONS

BID SCHEDULE

NON-COLLUSION AFFIDAVIT

BIDDER SOLICITATION CERTIFICATE

CONTRACTOR AFFIDAVIT AND AGREEMENT

ADDENDUM ACKNOWLEDGEMENT

BID BOND

LIST OF SUBCONTRACTORS

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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.

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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.

3.1 Forsyth County uses EUNA Procurement formerly Bonfire Interactive https://forsythco.bonfirehub.com/portal/?tab=openOpportunities 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 https://forsythco.bonfirehub.com/portal/?tab=openOpportunities

Page 7 | 32 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.

3.3 Bids shall only be accepted online through EUNA. Any Bid submitted in any other form (email, paper, fax, mail, etc.) will not be accepted for any reason.

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) visit the sites to 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.

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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 the meaning or intent of Bid or Contract Documents or request for clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this solicitation shall be submitted to the County in writing via the question/answer feature provided by EUNA and must be received prior to the Deadline for Question. Questions received after this deadline may not be addressed.

All questions and requests received through EUNA will be responded to by an official written addendum issued by the County and uploaded to EUNA as an addendum to this ITB. Responses given by any County official, officer, staff, or agent will have no legal effect and shall not be binding upon the County. All addenda are a part of the Bid or Contract Documents, and each Bidder will be bound by such addenda.

6.2 NOTE: It is the responsibility of the Bidder to read, comprehend, and ensure receipt of all the addenda issued. In the absence of an addendum, all provisions shall be construed in favor of the County. The County may issue addenda to modify Bid or Contract Documents as it deems necessary.

7. Bid Security (Will be required)

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

7.3 Duration of Bid Security Retention: Bid Security, for any Bidder that County believes to have reasonable chance to receive award, may be retained by the County until the one hundred twenty-first (121st) day after Bid opening. If Notice of Award is issued within one hundred twenty (120) 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.

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

8. 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.

9. Subcontractors, Suppliers and Others:

9.1 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.

9.2 Bidders shall submit a County Experience Forms with pertinent information for similar projects and other 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.

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

10. Submission of Bids

10.1 Each Bid shall contain the 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) Non-Collusion Affidavit

(c) Solicitation Acknowledgment

(d) Contractor Affidavit and Agreement

(e) Addendum Acknowledgment

(f) Bid Security ***Bidders must provide a Surety Bond on the provided form***

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(g) Power of Attorney (applicable to Security)

(h) List of Subcontractors

(i) Project Experience Form

(j) Certificate of Insurance evidencing ability to comply with the coverages and limits specified in the solicitation.

(k) GDOT prequalification

(l) Equipment Certification and list

10.2 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.

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

10.4 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.

10.5 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 the official partnership or LLC address shall be shown below signature.

10.6 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.

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

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

10.9 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.

10.10 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.

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11. Modification and Withdrawal of Bids

11.1 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 one hundred twenty (120) calendar days after time has been called on the date of opening.

11.2 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.

11.3 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.

12. Opening of Bids

12.1 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.

12.2 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.

13. Bids to Remain Open

Bids shall remain open for acceptance by County for one hundred twenty (120) calendar days after Bid opening. County may, at its sole discretion, release any Bid and return Bid Security prior to that date.

14. Award of Contract

14.1 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.

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14.2 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. See also Section 6 above.

14.3 The County’s minimum insurance requirements are outlined in the draft form of Construction Services Agreement included in the Bid and Contract Documents.

Bidders are responsible for reviewing the draft form of agreement for the complete insurance requirements. Questions regarding the insurance must be submitted in writing during the Questions and Answer (Q&A) period of the solicitation. Any changes made prior to the bid closing will be communicated through an addendum.

Prior to the notice of intent to award, the Bidder must provide a Certificate of Insurance (COI) and any required endorsements evidencing compliance with the specified coverages and limits. Contract award and contract execution are conditional upon receipt and approval of a compliant COI and required endorsements. The County may, at any time before the award and based on the nature of the services, require additional coverages or higher limits.

14.4 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.

14.5 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.

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

14.7 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.

14.8 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.

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14.9 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.

15. Submittals by Successful Bidder

15.1 County intends to award the contract to Bidder determined to be competent to perform and complete Work in satisfactory manner.

15.2 The Bid Schedule shall be complete and included with the bid at the Deadline for

Receiving Bids.

15.3 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 be given five (5) additional days to deliver the required submittals (“Extended Period”). At County's option, failure by Successful Bidder to deliver submittals within the 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.

16. Taxes

16.1 Forsyth County is exempt from Federal Excise Tax and Georgia Sales and Use Tax for goods and services. A sales tax certificate of exemption will be provided upon request. This exemption applies only to Forsyth County. The Successful Bidder remains responsible for paying all applicable taxes, including sales, use, and other taxes required by law.

16.2 The Contract prices for articles, materials, or equipment named herein are subject to increase by the amount of any additional tax or taxes affecting the articles, materials or equipment involved in the Contract imposed by or under the authority of the Federal or State Government and passed or taking effect after the receipt of Bids, and shall continue in effect during such time as such tax or taxes are lawfully collectible; provided, however, that in the event of such increase in cost, the claim shall be presented within thirty (30) days and supported by evidence of such additional tax, satisfactory to the County.

17. Qualifications of Surety Companies

17.1 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:

17.1.1 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

Page 14 | 32 bonds and as acceptable reinsuring companies and have an AM Best rating of A- and financial classification of VII or higher.

17.1.2 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.

17.1.3 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.

17.1.4 Surety must appear on the Treasury Department's most current list (Circular

570 as amended).

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

17.1.6 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.

17.1.7 Surety company agents shall list name, address, and telephone number on

Bonds.

17.1.8 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.

17.1.9 If the Project includes the construction or reconstruction of all or a part of a bridge, the County will require the Performance Bond to include a provision to keep the bridge in good condition for a period of not less than seven (7) years.

As used herein, the term “bridge” shall include the approaches to such bridge within 50 feet of either end, except when the bridge itself measures 100 feet or more, in which case the term “bridge” shall include the approaches within 100 feet of either end of the bridge.

18. General Information

18.1 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.

18.2 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.

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18.3 BID ACCEPTANCE TIME: Bids requiring acceptance by the County in less than one hundred twenty (120) calendar days could be rejected, unless so stated on "Bidder's Response Page" and accepted by the County.

18.4 NONDISCRIMINATION:

18.4.1 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.

18.4.2 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.

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

18.6 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).

18.7 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.

18.8 INSPECTION OF RECORDS:

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18.8.1 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.

18.8.2 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.

18.8.3 Background Checks: Forsyth County reserves the right to have any potential contractor undergo a Forsyth County Sheriff’s Office criminal history background check for any project at any time. Background checks will be required when working in any County-operated facility. Contractor will be responsible for all fees associated with such background check.

19. Execution of Written Contract

Successful Bidder will be required to sign a 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.

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BID SPECIFICATIONS

SPECIAL CONDITIONS

BID NO. 26-75-3150

1. The work for the resurfacing will be on the roads identified on the Resurfacing Project

– Road List within the Begin & End Paving limits defined.

2. The County has the option to add or delete additional resurfacing work to the successful bidder(s) based at the Contract Unit Prices until final acceptance and/or retainage release. For roads added to the resurfacing work, there will be no additional payment for mobilization.

3. The Bid Schedule includes estimated quantities for this work. All quantities will be field verified.

4. Unless otherwise directed, all work performed under the contract shall be performed in accordance with current Forsyth County Standard Operating Procedures for Resurfacing Roads, Forsyth County Specifications, Georgia Department of Transportation (GDOT) Standard Specifications, and any supplemental specifications modifying them except as noted below and in the Special Provisions.

5. The Contractor shall be required to provide a minimum of 24 hours’ notice to Forsyth

County before proceeding with paving on any road. Paving on subdivisions roads requires a minimum of two weeks notice with signage and flyers to residents in accordance with the Forsyth County Standard Operating Procedures for Resurfacing Roads.

6. The Contractor shall provide a work schedule to Forsyth County every Thursday during the resurfacing contract.

7. Prior to beginning the work, the Contractor shall install the appropriate post-mounted or full-size flexible sign stand mounted road construction signs on each non-residential road they are resurfacing. These signs will remain in place until approved for removal by the Engineer. Flexible sign stands can be used on shorter roads as approved by Forsyth County and provided the Contractors work continuously through the milling and/or paving process.

8. The Contractor shall furnish, install, maintain, and remove all necessary traffic signs, barricades, lights, signals, cones, and other traffic control devices; and all flagging and other means of traffic protection and guidance as required by the GDOT Standard Specifications and the Manual on Uniform Traffic Control Devices (MUTCD). The cost of all traffic control shall be incidental to the cost of the resurfacing work and no additional payment shall be made.

9. Forsyth County will provide low/soft shoulder signs for Contractor’s installation on posts to be provided by the Contractor on roads without curb and gutter. Temporary signs can be installed until utility locates are completed and then hard mount post

Page 18 | 32 installation will be required. The cost of posts and installation of posts/signs shall be incidental to the cost of the resurfacing work and no additional payment shall be made.

10. All driveways and intersections inside subdivisions shall be tied-in with surface mix at the time of paving for a sufficient distance to provide a smooth transition from the new pavement to the existing surface. Unless approved by Forsyth County, all intersections will be pulled back a minimum of a spreader length (12’). The tied-in area shall be cleaned and tacked prior to paving, and the material placed and compacted in such a manner to eliminate edge raveling.

11. All intersections outside subdivisions shall be tied-in with a milled joint at the back of the radius to provide a smooth transition from the new pavement to the existing surface. The tied-in area shall be cleaned and tacked prior to paving. The cost of the milled joint shall be incidental to the cost of the resurfacing work and no additional payment shall be made.

12. Control and testing of materials will be the Contractor’s responsibility for all mix provided in accordance with Sections 106, 400, 402, 820, and related Special Provisions of the GDOT Standard Specifications. The cost of such testing shall be included in the unit price of the material being used, and no additional compensation shall be made.

13. All asphalt mix designs will conform to the current GDOT Standard Specifications with the following modifications: Asphalt Cement Content will be a minimum of 5.2%, Recycled Asphalt content will be no greater than 20% for surface courses.

14. Leveling course for all roads shall be 9.5mm at a spread rate of 35 LBS/SY. Roads to be overlain with 9.5mm asphalt mix will receive spot leveling as directed by Forsyth County. All other roads will receive full width spot leveling, as directed by Forsyth County.

15. Tack Coat shall be measured at 0.05 GAL/SY.

16. Hydrated lime must be included and shall be in accordance with Section 828.2 of the current edition of the GDOT Standard Specifications.

17. Asphalt concrete pavement edges shall be provided in accordance with GDOT Standard Detail P-7. Such work shall be incidental to the cost of the resurfacing work and no additional payment shall be made.

18. The Contractor shall maintain and make available to Forsyth County and auditors, complete records of the work for the life of the project and for three (3) years after final acceptance of the project. Asphalt tickets shall be kept separately for each individual road and will be collected daily by the Forsyth County Construction Inspector.

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19. Manhole risers and valve risers for City of Cumming and privately owned utilities will be provided to the Contractor for installation prior to resurfacing. Adjustments to Forsyth County owned utilities will be completed by the County and will required one to two weeks to complete. The adjustment of manholes and valve boxes shall be incidental to the cost of the resurfacing work and no additional payment shall be made.

20. Unless indicated on the 2026 Resurfacing Project – Road List, Forsyth County will perform milling, edge milling and patching prior to resurfacing and will build shoulders after resurfacing is completed. Forsyth County work will be performed in zones – northeast, northwest, southwest, and southeast. The Contractor should plan their operations to follow the County’s operations. The County shall provide the Contractor with a weekly update of the milling and patching operations to assist in the planning of the paving work.

21. On roads where the Contractor will perform milling of Asphaltic Concrete Pavement, the length and width of areas to be milled will be specified by Forsyth County and could include up to full width milling. Variable depth milling is generally 1 ½” to 4” to correct excessive pavement build up on the road. Where 1 1/2” depth milling is specified, it is in preparation for a 1 1/2” pavement inlay.

a. The removal and disposal of milled material will be the responsibility of the

Contractor.

b. The Contractor shall prepare and pave the milled areas with the specified mix.

c. The Contractor shall erect and maintain signs warning of uneven pavement, for the period of time between the milling and paving operations.

d. Provide minimum 50’ transition joint for overlay areas.

e. Any locations that are mill and inlay must be milled and paved in the same day.

22. The above milling work shall be paid for by the unit of measure and unit price in the bid schedule and shall include all milling, disposal, and required traffic control.

23. The cleaning, tacking, and paving of milled areas shall be paid for at the unit of measure and unit price in the bid schedule for the type of asphalt used.

24. On roads without curb and gutter, the Contractor shall be required to knock down any windrows created by the clipping operation. This work shall be done following resurfacing, at such time the mix has sufficiently curved to prevent damage. Such work shall be incidental to the cost of the resurfacing work and no additional payment

25. On roads which currently have pavement markings, the Contractor shall be required to re-establish the pavement markings in accordance with GDOT Standard Specifications and details and per the following schedule:

a. Provide temporary paint within 24 hours of final paving. Costs for temporary paint shall be incidental to the resurfacing work and no additional payment

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b. Provide permanent centerline within three (3) days of completing paving operations.

c. Provide permanent edge lines within seven (7) days of completing paving operations.

26. Payment for this work shall be in accordance with the unit of measure and unit costs in the Bid Schedule.

27. Contact Forsyth County Traffic Engineering prior to milling and/or paving operations in the vicinity of a traffic signal loop. Traffic signal loops shall be replaced as soon as possible so as not to disrupt traffic.

28. Time is of the essence, and all work will have a completion date of January 31, 2027.

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Work Hours:

Work shall be performed between 9am and 4pm, M-F. Extended hours and night work can be requested on a case-by-case basis for approval.

Please see 2026 Resurfacing Road list and get familiar with the area.

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GENERAL CONDITIONS

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

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

2) Verify all site conditions and dimensions prior to mobilization.

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. Hazardous or construction materials must be disposed in compliance with all local, state, and federal regulations. County dumpsters or trash haulers may not be used for construction debris.

5) Upon completion of the Project, Contractor shall restore the job site to its original condition, including the removal of all construction materials, debris, and equipment.

Any areas disturbed or altered during the course of the work shall be repaired or reinstated to the satisfaction of the County.

6) Contractor must request inspection at the completion of each part of the Project. County reserves right to inspect the Work subject to the satisfaction of the County.

7) Coordinate with the Project Manager regarding the removal and reinstallation of all on-site structures, equipment, and containers which may require temporary relocation.

8) Protect existing structures, utilities, and adjacent surfaces during construction operations and removal and replacement of on-site structures, equipment, and containers.

9) Be responsible for securing the work area with signage, barricades, cones, or fencing to prevent public access during construction operations and any hazardous or unsafe areas shall be clearly marked.

10) Preform all work in compliance with all local, state, and federal regulations and permitting requirements, including those specifically as administered by any applicable state or local agencies and/or permitting authorities.

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BID SCHEDULE

BID NO: 26-75-3150Error! Reference source not found.

Provide all Materials, Equipment and Labor, and equipment required for the resurfacing of roads, totaling 55.31 miles. All asphalt job mix formulas shall conform to Superpave Design Level “1”.

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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 written resolution by County is acceptable to Bidder. All work is to be completed as specified in Bid Specifications and Drawings.

Total Lump Sum amount to complete all work as detailed. This number should correspond with the Grand Total All Items above and/or the Bid Schedule Excel file attached separately in EUNA.

Total Bid amount written in words:

Authorized Signature:

Company Name:

Printed Name and Title:

Warranty on all workmanship, labor, and materials: ____________________________________

Page 23 | 32

NON-COLLUSION AFFIDAVIT

BID DATE: ______________

PROJECT DESCRIPTION: 2026 Road Resurfacing Project

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 (print 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)

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BID NO: 26-75-3150

SOLICITATION ACKNOWLEDGMENT

The undersigned acknowledges and agrees to the following:

Acceptance Period: If this bid is accepted within 90 calendar days from the date of Bid Opening the awarded Bidder will furnish all equipment, materials, or services in strict accordance with the specifications or other provisions set forth in the solicitation at the prices submitted in the bid.

Taxes: Forsyth County is exempt from Federal Excise Tax and Georgia Sales and Use Tax.

Bidder shall be solely responsible for payment of all taxes arising out of or related to the Work as required by law. Bid pricing must not reference, list, or label any taxes for which Forsyth County is exempt.

Business License: An awarded Bidder providing services to Forsyth County must hold a valid Forsyth County business license; and must also hold a valid business license in the jurisdiction of the awarded Bidder’s business location if required by such jurisdiction.

Registration: An awarded Bidder must be duly registered with the Georgia Secretary of State.

The Company’s full legal name must match the business name as registered with the Georgia Secretary of State.

Insurance: The Bidder has provided a Certificate of Insurance evidencing ability to comply with the coverages and limits specified in the solicitation.

Company Full Legal Name:

__________________________________ Person Authorized to Submit this Bid:

Company Tax ID No.

Signature

Printed Name

Title

Street Address: Mailing Address:

Contact person for this bid:

Name

Telephone

Email

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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…