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Cherokee County Board of Commissioners Department of Transportation 1130 Bluffs Parkway Canton, Georgia 30114 Bid Documents SR 92/Cherokee 75 Parkway Traffic Signal Installation BID NO.: 2014-43 BID DATE: APRIL 23, 2014

PROJECT: SR 92/CHEROKEE 75 PARKWAY TRAFFIC SIGNAL INSTALLATION CONTRACT TIME LIQUIDATED DAMAGES 120 CALENDAR DAYS......AS PER SECTION 108.08 of the Georgia Department of Transportation Standard Specifications. 2

Section One Bid Documents 3

Bid Proposal Table of Contents Notice to Contractors Page 5-6 Bid Proposal Page 7-9 Bid Bond Page 10-12 Noncollusion Affidavit of Prime Bidder Page 13 Schedule of Items Page 14 Project Specifics Page 15 4

Notice to Contractors BID NO.: 2014-43 The Cherokee County Roadway Capital Program Management Division is requesting bids for the following project: SR 92 / Cherokee 75 Parkway Traffic Signal Installation, as per current Georgia DOT Standards and Specifications. Bidders must be unconditionally qualified prospective bidders in accordance with Chapter 672-5 of the Rules of the Georgia Department of Transportation. If your company is interested in submitting a bid for this project, please provide three (3) copies of your bid in a sealed envelope (Entire Bid Document) of sufficient size with the following clearly typed or printed on the outside. Contract Time: 120 Calendar Days Proposal Guarantee: 5 % 1. Company Name 2. Project Number 3. Bid Number 2014-43 4. Date and Hour of Opening 5. Georgia Department of Transportation Prequalified Contractor Number Sealed bids will be received by The Board of Commissioners of Cherokee County, Georgia, in the Office of Procurement & Risk Management, Upper Level, 1130 Bluffs Parkway, Canton, Georgia 30114, until 9:45 a.m. local time Wednesday, April 23, 2014. At 10:00 a.m. local time on the above date, the bids will be publicly opened and read aloud. Any inquiries concerning this bid should be made in writing to Geoffrey E. Morton, P.E., County Engineer, Office of Roadway Capital Program Management, 1130 Bluffs Parkway, Canton, Georgia 30114. The deadline for making inquiries is 5:00 p.m., Thursday, April 17, 2014. Cherokee County shall inform all bidders of its response to any inquiries that may lead to the issuance of an addendum. The work to be done consists of the furnishing of all material, labor and equipment for the following project: SR 92 / Cherokee 75 Parkway Traffic Signal Installation Project The bidder is required to submit only the Bid Proposal, which includes: 5

1. Completed Bid Proposal Form 2. Bid Bond or Certified Check 3. Completed Schedule of Items (Sign each page) 4. Noncollusion Affidavit of Prime Bidder 5. Contractor Affidavit and Agreement All work performed for this project will be in accordance with Georgia Department of Transportation Standard Specifications For Construction of Roads and Bridges, latest edition. The Bidder shall be responsible for performing at least 60 percent of the work in this contract. The Bidder shall not sub-contract, transfer, assign or otherwise dispose of the contract or any portion thereof, without the written consent of the County. The Cherokee County Board of Commissioners reserves the right to reject all bids and waive formalities. Any claims for cost incurred by any Bidder in preparation of any part of or total package for this project will not be considered for reimbursement by Cherokee County. The Bidding Documents consist of the following, including all addenda issued therewith and forms referenced therein, in addition to the plans: Notice to Contractors Bid Proposal Completed Schedule of Items Noncollusion Affidavit of Prime Bidder Sample Contract General Conditions Special Conditions Geoffrey E. Morton, P.E. County Engineer March 26, 2014 6

PROPOSAL Bid Proposal, page 1 of 3 Proposal of (Hereinafter called Bidder ) a contractor organized and existing under the laws of the State of and doing business as. TO: Cherokee County (Hereinafter called "County ) Gentlemen: The Bidder in compliance with your Notice to contractors and all Bidding Documents for the SR 92 / Cherokee 75 Parkway Traffic Signal Installation Project contract, having examined the plans and specifications with related documents and the site of other proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and supplies to construct the project in accordance with the contract documents, within the time set forth herein, and at the prices stated below, proposes to enter into a Contract, on the form provided by Cherokee County, with Cherokee County to provide the necessary machinery, tools, apparatus, all materials and labor, and other means of construction necessary to complete the Work. The undersigned proposes to furnish and construct the items listed in the attached Schedule of Items for the unit prices stated. Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, the intent, and completion of the Contract, shall be deemed to have been included in the price bid for the various items scheduled. Bidder agrees to provide payment and performance bonds on the forms provided by Cherokee County and in conformance with applicable Georgia law. Any such bonds shall be subject to review and approval of the County Attorney. Bidder, if successful, prior to commencement of the work shall execute a written oath as required by O.C.G.A. 32-4-122 and 36-91-21(e). Bidder further proposes and agrees hereby to promptly commence the Work with adequate force and equipment with seven (7) calendar days from receipt of Notice to Proceed, or as may be specified by Special Provision, and to complete the Work as specified by the schedule in Special Provision Section 108-08 of the Georgia Department of Transportation Standard Specifications, current edition. 7

Bid Proposal, page 2 of 3 Bidder acknowledges receipt of the following addenda: The undersigned Bidder further agrees that in case of failure on his part to execute said contract and bonds, or provide satisfactory proof of carriage of the insurance required, within fourteen (14) calendar days after notification of award thereof, the Bid Bond or certified check accompanying his bid and the money payable hereon shall be forfeited to the County not as a penalty, but as liquidated damages because actual damages would be difficult or impossible to determine; otherwise, the check or Bond accompanying this proposal shall be returned to the Bidder. The Bidder declares that he understands that the quantities shown on the proposal are subject to adjustment by either increase or decrease, and that should the quantities of any of the items of work be increased, the undersigned proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, he also understands that payment will be made on actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in the quantities, and that actual quantities will be determined upon completion of work, at which time adjustment will be made to the Contract amount by the direct increase or decrease. The full name and residence of persons or parties interested in the foregoing bid as principals, are named as follows: 8

Bid Proposal, page 3 of 3 Cherokee County, Georgia Signed, sealed, and dated this Day of, 2014. Bidder: (Company Name) By: Title: Mailing Address: 9

BID BOND PENAL SUM FORM BIDDER (Name and Address): CHEROKEE COUNTY, GEORGIA SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the County (Name and Address) : Cherokee County, Georgia Purchasing Office 1130 Bluffs Parkway Canton, Georgia 30114 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the County, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER (Seal) Bidder s Name and Corporate Seal SURETY Surety s Name and Corporate Seal (Seal) By: Signature and Title: Attest: Signature and Title: By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: 10

Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the County or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the County upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the County) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The County accepts Bidder s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the County) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the County; or 3.3 The County fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the County, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the County and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, 11

return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term Bid as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 12

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) duly sworn, deposes and says that: ) ss., being first (1) He is (Owner, Partner, Officer, Representative, or Agent) of the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from bidding in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Cherokee County or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (Signed) Name Title Subscribed and sworn to before me This Day of, 2014. (SEAL) 13

BID ITEMS SR 92/CHEROKEE 75 PARKWAY TRAFFIC SIGNAL ITEM NO. ITEM DESCRIPTION UNIT QUANTITY BID COST AMOUNT TRAFFIC SIGNAL INSTALLATION, SR 647-1000 92 AT CHEROKEE 75 PARKWAY LS 1 $ $ NOTE: Traffic Signal Installation Lump Sum Construction shall include all items; including but not limited to raised concrete medians, thermoplastic striping and markings, eradication of conflicting markings, etc. to complete the installation as per the plans. TOTAL COST $ ADDENDUM NO. DATED 14

Project Specifics 1. Contact Nathan Howell, GDOT Permit Inspection Engineer, at 770-387-3975 and Wilburn Debord, Cherokee County Project Manager, at 678-858-0521 prior to construction. 2. The cost to construct 6 concrete median islands, handicap ramps, sidewalk at signal poles & handicap ramps, curb and gutter, eradication of conflicting markings, installation of all required thermoplastic striping and markings, etc., in order to construct as per signal plan sheet T-4 shall be included in the overall cost of the signal installation. 3. The 6 concrete paving and GDOT full spec pavement shown on SR 92, eastern side of the intersection in the median, is/has been constructed by others and is not to be included in the contract. 15