Bid 26-80-1514 Post Road South Widening - SR 9 to Kelly Mill (PI 0006915).pdf

Forsyth County Procurement Department

Invitation to Bid

Bid No: 26-80-1514

Post Road South Widening SR 9/S Atlanta Road to CR 5/Kelly Mill Road

GDOT PI No. 0006915

Forsyth County Cumming, Georgia

Closing Date and Time:

September 24, 2026, 2:00 pm

INVITATION TO BID

BID NO: 26-80-1514

Date Issued: August 19, 2026 Forsyth County, Georgia, is seeking competitive bids from qualified vendors to provide all materials, equipment and labor for Post Road South Widening - SR 9/S Atlanta Road to CR 5/Kelly Mill Road.

Deadline for Receiving Bids: 2:00 P.M. (EST) Thursday, September 24, 2026

Bids will be opened at:

2:30 P.M. (EST)

Thursday, September 24, 2026 Forsyth County Administration Building Liberty Training Room 2435 Freedom Parkway, Suite 1010 Cumming, GA 30041 And online via Microsoft Teams

Pre-Bid Site Visit: Non-Mandatory

Time 10:00A.M. (EST) Thursday, September 3, 2026 Forsyth Co. Library 5010 Post Rd, Cumming, GA 30040

Deadline for Questions:

No Questions will be accepted after:

2:00 P.M. (EST)

Monday, September 7, 2026 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

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 login to EUNA to obtain the bid tabulation.

SOLICITATION STANDARD TERMS AND CONDITIONS

1. Defined Terms

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Bid Documents

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

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

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

3. Bid Platform and Connectivity.

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 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 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.

4.2 Bidders must be duly registered with the Georgia Secretary of State and such registration must remain active for the duration of the Project.

https://forsythco.bonfirehub.com/portal/?tab=openOpportunities

4.3 If the Contract is awarded, it will be awarded to the lowest reliable bidder whose proposal shall have met all prescribed requirements. (Section 103.02)

5. Examination of Contract Documents and Site

5.1 The County will provide an optional site visit to allow prospective Bidders to conduct a visual site inspection. All questions stemming from the site visit shall follow the same schedule as outlined in the Addenda and Interpretations section.

5.2 Before submitting a Bid, each Bidder shall: (a) examine the Contract

Documents thoroughly; (b) attend the optional site visit 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.

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

5.4 The Owner does not make any representations as to the soil conditions to be encountered or as to foundation materials. The Contractor must assume all risk as to the nature and behavior of the soil which may be encountered or of soil or water which underlies the Work or is adjacent thereto, including any difficulties that may be due to quicksand or other unfavorable conditions that may be encountered in the Work, whether apparent upon surface inspection or disclosed only in the process of carrying forward the Work. Soil surveys and geotechnical reports are provided for information purposes only. The contractor is encouraged to conduct their own due diligence prior to bidding the project. Changes in soil conditions from those shown in soil surveys or geotechnical reports provided as bid exhibits will not be considered for additional compensation or time extension. The County will assume no responsibility for representations or understandings concerning conditions made by any of its Officers or Employees unless included in the Invitation to Bid/Proposal.

5.5 Land where Work is to be performed, rights-of-way for access to site, and other lands designated for use by Contractor in performing Work are identified in General Conditions and Plans. The Contractor's operations must be confined inside such property, rights-of-way or easement lines as provided by the County.

The Contractor shall not enter any easements except upon written direction from the Owner

5.6 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 (Required)

7.1 Bid Security Requirements: 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.

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.

Procedure for submitting an application for substitute or "or equal" item(s) for consideration by the County is set forth in 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 information requested on the required form is not applicable, the form should still be submitted and may be marked “N/A” to indicate “Not Applicable”

(WHERE COUNTY FORMS ARE PROVIDED, THEY MUST BE USED WITHOUT

SUBSTITUTION):

(a) Bid Schedule

Included as an exhibit, this form shall not be modified or replicated by a Bidder.

(b) Solicitation Acknowledgment

(c) DBE Goals Form

(d) Non-Collusion Affidavit

(e) Contractor Affidavit and Agreement

(f) Subcontractor Affidavit and Agreement

(g) Debarment Certification

(h) Lobbying Certification

(i) Conflict of Interest Form

(j) Title VI Compliance with Federal Regulations

(k) Special Conditions Acknowledgement Page

(l) Special Provisions to GDOT Standard Specifications

(m) Addendum Acknowledgment

(n) List of Subcontractors

(o) Bid Security

Bidders must provide either a Surety Bid Bond using the County-provided form or a Cashier's Check in accordance with the Bid Security requirements.

(p) Power of Attorney (applicable to Security)

(q) Certificate of Insurance evidencing the Bidder’s ability to comply with the coverages and limits specified in the solicitation.

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 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.

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 above.

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 reliable 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.

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

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

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

14.7 The Successful Bidder shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract amount and a Payment Bond in an amount equal to one hundred ten percent (110%) of the Contract amount, in accordance with applicable GDOT requirements and Section

103.05 of the GDOT Standard Specifications.

All bonds shall be issued by an acceptable surety authorized to transact business in the State of Georgia and shall be submitted on the forms provided in the Bid Documents. Required powers of attorney shall accompany the applicable bonds.

The Performance Bond and Payment Bond shall be provided within the time required by the Contract Documents and shall remain in effect as required by the Contract and applicable law.

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

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 Security 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 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.

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:

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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Special Conditions

Project Post Road South Widening

GDOT PI No. 0006915 – Forsyth County CIP No. PEW22

The undersigned has read and agrees with the “Special Conditions” outlined in accordance with our contract agreement.

1. The applicable GDOT specifications govern over any conflicting requirements that may be found in the Sponsor/Contractor Construction Agreement, General Conditions, and Supplemental General Provisions.

2. All work shall conform to Forsyth County and Georgia Department of Transportation (GDOT) Standard Specifications Construction of Transportation Systems, 2021 Edition and applicable special provisions and supplemental specifications apply to the contract.

3. The Contractor shall perform the Work in a cooperative manner consistent with the best interests of the traveling public, the Owner, utility owners, and adjacent stakeholders. The Contractor shall actively participate in issue resolution and coordination efforts necessary to maintain project progress and minimize impacts to the public.

4. Bidders submitting a bid $2,000,000 or less must be either a prequalified contractor or a registered subcontractor with GDOT.

5. Bidders submitting bids in excess of $2,000,000 must be prequalified with

GDOT.

6. The Contractor shall use suppliers on the appropriate GDOT Qualified Products List.

7. All subcontractors including DBE firms are to be GDOT registered subcontractors or prequalified contractors.

8. The Disadvantaged Business Enterprise (“DBE”) goal for this Project is ten percent (10%). The completed DBE Goals Form and Georgia Security and Immigration Compliance Act Affidavit shall be submitted with the Bid. The DBE Goals Form shall identify GDOT PI No. 0006915, Forsyth County, and the required DBE goal of 10%.

9. All construction projects require the use of Davis-Bacon wage rates regardless of physical location. A copy of the current wage rate is included in Exhibit 1.

10. A Preconstruction Conference with, at a minimum, Sponsor, Contractor, selected DBE firms, GDOT Area Engineer, and the GDOT Project Manager is required for this project.

11. All testing shall meet the requirements outlined in the GDOT Sampling, Testing, and Inspection Guide. Forsyth County will provide testing for the project. The contractor shall provide 24 hours’ notice of all concrete pours and activities requiring testing.

12. The Georgia Department of Transportation and Forsyth County, in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d – 42 and Title 49, Code of Federal Regulations, Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority enterprise will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated on grounds of race, color, sex or national origin in consideration of award.

13. Compliance with Regulations – Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the DOT, Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

14. Nondiscrimination – Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

15. Solicitation for subcontracts, Including Procurement of Materials and Equipment – In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin.

16. Information and Reports - Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books records, accounts, other sources of information and its facilities as may be determined by the County, Georgia Department of Transportation (GDOT) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

17. Sanctions for Noncompliance – in the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the County shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a) Withholding of payments to the Contractor under the contract until the Contractor complies; and/or

b) Cancellation, termination, or suspension of the contract, in whole or in part

18. Bid items for water line work include all bends, connection, spacers, gaskets, blocking, testing, and purification required by Forsyth County Water Department or their standards.

19. All exposed retaining wall surfaces shall be finished with an Ashlar Form Liner. There will be no separate payment for Ashlar finish. This cost shall be included with the bid price for the wall.

20. Construction staging for the roadway grade change on Sourwood Road shall be performed in a manner to allow 2-way traffic to flow within the existing ROW. Revised plans with updated staging will be provided during the bid process. 2-way traffic may be maintained using a temporary GAB surface.

Roadway grading, asphalt base/binder and driveway tie-ins must be completed within a period of 45 days after work begins.

21. Handrails shall conform to Forsyth County decorative standards.

Submittals for handrail must be reviewed and approved prior to material procurement.

22. Unless otherwise noted in the plans, all existing storm lines and structures shall be removed, or filled with flowable fill. The cost for these items shall be included in the Grading Complete pay item. No separate payment will be made for these items unless directed in the plans.

23. Survey:

- The Contractor will be responsible for all staking necessary to complete construction activities including staking of right-of-way, permanent and temporary easements. Staking must be maintained throughout the project. All survey equipment, stakes and other materials needed, will be considered incidental to construction operations and no additional compensation will be provided. Electronic CAD files will be available to the winning bidder for information purposes only.

- The Contractor shall reestablish and/or verify survey control prior to conducting any work activities. Cost of this task will be considered incidental and no additional compensation will be provided.

- All survey work completed on the project must be performed under the supervision of a registered surveyor.

24. Soil surveys and geotechnical reports are provided for information purposes only. The contractor is encouraged to conduct their own due diligence prior to bidding on the project.

Changes in soil conditions from those shown in the provided soil surveys or geotechnical reports will not be considered for additional compensation or time extension.

25. Schedule:

- By submitting a bid, the Contractor represents that it has reviewed the Contract Documents and has sufficient labor, supervision, equipment, subcontractor capacity, and financial resources to complete the Work within the Contract Time. All work is to be completed as follows: Substantial Completion within 1645 days of issuance of Notice to Proceed, Final Completion within 1825 days (60 months) of issuance of Notice to Proceed. If substantial completion is not achieved as noted, liquidated damages will be assessed pursuant to the schedule in special provision 108.08

- The Contractor is required to submit a detailed schedule on a weekly basis that includes a two week lookahead of planned construction activities and a summary of expected staff and equipment planned to complete the stated activities.

- The Contractor shall provide and maintain staffing levels reasonably necessary to achieve the approved project schedule.

The owner or their representatives will track daily contractor labor hours, and equipment resources used throughout the duration of the project. In the event the contractor does not maintain adequate staff and equipment necessary to complete the Work withing the contract time, requests for time extensions shall not be considered.

- The Contractor shall utilize available work windows, favorable weather conditions, and allowable daylight hours to maximize production and maintain schedule progress.

- If the Work falls behind the approved baseline schedule, the Engineer may require the Contractor to submit a recovery schedule identifying proposed corrective measures, including but not limited to:

Additional crews Extended work hours Weekend operations Additional equipment

Concurrent operations

- No additional compensation shall be due solely for implementation of recovery measures required due to the Contractor’s failure to maintain progress.

- Contract Completion time will not be extended for normal bad weather. The time for completion as stated in the Contract Documents includes due allowance for calendar days on which work cannot be completed. The Contractor agrees that he may expect to lose a total number of calendar days following the date of the Notice-to-Proceed in accordance with the following.

January 9 days; February 9 days; March 8 days; April 6 days; May 6 days; June 6 days; July 8 days; August 7 days; September 4 days; October 6 days; November 7 days; December 9 days.

- Weather days are defined as any calendar day where precipitation exceeds 0.1 inches or average temperatures drop below 40 degrees, preventing at least 5 hours of productive work on critical items.

- If the total accumulated number of calendar days (pro-rated for the month in which the Notice-to-Proceed is issued and the month in which substantial completion is achieved) lost to bad weather exceeds the total accumulated number expected to occur based on the table provided above, a time extension will be granted that is equal to the number of days lost beyond the expected number. The Contractor shall submit with each pay request a letter stating the number of days lost in that pay period for consideration by the Owner. Weather delay claims that are not reconciled within 30 days will not be considered.

- No reduction in Contract Time will be imposed if the actual number of bad weather days is less than the total expected number of days determined using the table provided above.

26. Positive drainage must be maintained throughout all stages of construction. The cost for installation and removal of temporary drainage shall be included in Grading Complete. No separate payment will be made.

27. All signs, fences and other structures in the ROW or permanent easement, including but not limited to the attached Demolition List exhibit, shall be included in the Grading Complete pay item.

28. The contractor will coordinate with Forsyth County or their designated engineer during the clearing phase of the project. Trees that are outside the clear zone and cut/fill limits that do not interfere with proposed construction or utility installation may be left in place at the discretion of the engineer.

29. Permits and licenses: Forsyth County shall submit Notice of Intent (NOI) as Primary Permittee.

30. Traffic Signals:

- Forsyth County requires Wavetronix for radar detection.

Specifications may be found at the following link:

https://www.wavetronix.com/intersection-performance-system

- Signal Poles and Mast Arms shall be black powder coated.

The cost shall be included in the bid item.

- Traffic signals with pedestrian infrastructure shall include Luminaire arms and lights. (See attached specifications)

- Salvaged Mast Arms: the specified existing mast arms will be noted for the contractor to deliver the salvaged mast arm to Traffic Control at the County Way facility and to coordinate with Scott Gunter at 678.776.2967.

- The contractor shall be responsible for the maintenance of existing signals throughout the duration of the project.

Within 10 days of the issuance of notice to proceed, the contractor shall take ownership of all Forsyth signal facilities within the GA811 system and shall be responsible https://urldefense.com/v3/__https:/www.wavetronix.com/intersection-performance-system__;!!B5cixuoO7ltTeg!H3PbTOL7DeE_7zMo939WRyXCm8l39zG64jeMziABzI-oYT7FzfCwWiaN2rsxx8ZBAPjwGDp888IZkUbHJzXAta-ctQs$ https://urldefense.com/v3/__https:/www.wavetronix.com/intersection-performance-system__;!!B5cixuoO7ltTeg!H3PbTOL7DeE_7zMo939WRyXCm8l39zG64jeMziABzI-oYT7FzfCwWiaN2rsxx8ZBAPjwGDp888IZkUbHJzXAta-ctQs$ for all locate requests of existing underground signal facilities within the project limits.

31. Utility Coordination:

- The Contractor shall actively coordinate utility relocation activities with utility owners throughout the duration of the project.

- The Contractor shall designate a dedicated full-time Utility Coordination Supervisor (WUCS or equivalent) responsible for:

Tracking utility conflicts and relocation progress Coordinating utility relocation schedules Maintaining utility communication logs Participating in utility coordination meetings Identifying utility-related schedule risks

- The Contractor shall sequence operations to reasonably accommodate known utility conflicts and utility relocation activities while actively working in areas that are free from utility conflicts. The Contractor shall make reasonable efforts to continue work in unaffected areas while utility relocation work is ongoing. Failure to do so may constitute waiver of certain delay claims associated with the identified utility issue.

- Prior to beginning construction, the Contractor shall submit a corridor segmentation and phasing plan identifying proposed work areas, traffic control sequencing, utility coordination zones, and critical path operations.

- If utility owners fail to respond to coordination requests or fail to perform required relocation activities within the timeframes established in the approved utility coordination schedule, the Contractor shall notify the Engineer in writing within 48 hours of identifying the delay.

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