256886.pdf

PROJECT MANUAL

SYNTHETIC TURF CONVERSION OF

FULLERS PARK FIELD 1

(“MUSTANG FIELD”)

OWNER: COBB COUNTY GEORGIA

C/O COBB COUNTY PARKS DEPARTMENT

1792 County Services Parkway Marietta, Ga. 30008

Sealed Bid #25-6886

March 14, 2025

COBB COUNTY PROCUREMENT SERVICES DEPARTMENT

122 Waddell Street, NE Marietta, Georgia 30060

(770) 528-8400 /Fax: (770) 528-8428 Email: procurementservices@cobbcounty.org www.cobbcounty.org/procurement-services

IMPORTANT NOTICE – PLEASE READ CAREFULLY!!

ALL proposals MUST be received through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/cobbcoga).

PROPOSALS MUST BE RECEIVED BEFORE 12:00 (NOON) ON

CLOSING DAY

PLEASE CHECK bid specifications and advertisement for document requirements.

Documents/Forms listed below MUST be submitted when required.

Omission of these documents /forms will cause your bid/proposal to be declared NON-RESPONSIVE.

BID SUBMITTAL FORM (REQUIRED)

► Official Signature is required on this form guaranteeing the quotation.

CONTRACTOR AFFIDAVIT and AGREEMENT – Exhibit A (REQUIRED) ► Affidavit MUST be signed, notarized and submitted with any bid requiring the performance of physical services.

If the affidavit is not submitted at the time of the bid, bid will be determined non-responsive and will be disqualified.

BID BOND (REQUIRED)

Thank you in advance for your cooperation.

INVITATION TO BID

Sealed Bid # 25-6886

SYNTHETIC TURF CONVERSION OF FULLERS PARK FIELD 1

(“MUSTANG FIELD”)

Cobb County PARKS Department

Bid Opening Date: April 10, 2025

Pre-Bid Conference: March 25, 2025 @ 1:00 P.M. (E.S.T.)

Cobb PARKS Administration Building 1792 County Services Parkway

Marietta, GA 30008

Proposals Are Received through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/cobbcoga).

Before 12:00 P.M. (Noon) By the Proposal Closing Date

Proposal Will Be Opened in the Cobb County Procurement Services Department at 2:00 pm

122 Waddell Street NE Marietta, GA 30060

NAME: ________

ADDRESS:

REPRESENTATIVE:

PHONE: FAX:

E-MAIL_______________________________________________________________________

NOTE: The Cobb County Procurement Services Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposals or subsequent addenda thereto received from a source other than the Cobb County Procurement Services Department.

SPECIAL TERMS AND CONDITIONS

In the event there are any discrepancies between the following provisions and other provisions in the bid and contract documents, the following provisions shall prevail:

1. PROJECT DESCRIPTION

Furnishing all labor, materials, equipment, appliances, etc. pursuant to the plans, specifications, conditions, and addenda for the conversion of Fullers Field 1 “Mustang Field” infield to synthetic turf. Fullers Park is located at 3499 Robinson Road, Marietta, GA 30068. See Attachment A for location of field within Fullers Park.

This project consists of removal of the existing natural infield materials on Fullers Field 1 “Mustang Field” infield only and replacing the infield with full synthetic turf, subsurface base, and necessary under field drainage. Please refer to the Contract Drawings (Attachment B) and Specifications (Attachment C) for complete scope.

2. PERMIT FEES

There are no permits required for this project.

3. EROSION, SEDIMENTATION AND POLLUTION CONTROL MAINTENANCE

The Contractor is solely responsible for installing and maintaining erosion, sedimentation and pollution controls for the project. No payment will be made for any portion of the project for which temporary erosion, sedimentation and pollution controls are not properly installed and maintained. Any fines or delays for non-compliance of erosion control measures levied by any agency shall be the responsibility of the Contractor.

4. CONTRACT DRAWINGS

Contractor will receive a .pdf copy of the plans and specifications from the Owner. The contractor shall be responsible for ensuring the drawings are printed to scale. Additional sets of printed drawings and specifications for Contractor’s use during construction may be purchased from Consultant at no cost to Owner.

5. APPROVED VENDORS

All references to vendors and "approved manufacturers" are included for description of quality and content of the designated equipment/materials as basis of design. Alternate items may be accepted if they meet all standards of quality and purpose for the intended use, as determined by the Owner unless specifically noted otherwise.

Substitution or equal product requests will not be considered during the bidding period.

However, it is the intention to allow equal products to be bid and incorporated into the project provided they meet all standards of quality and purpose of the intended use. Substitutions or equal products will be considered after award during the submittals process.

6. TIME OF WORK

It is understood that the Contractor’s proposed construction schedule is based on a normal 40 hour, 5-day workweek, less recognized holidays. If the Contractor desires to work in excess of this limit, the Contractor shall submit a written request to the County a minimum of five days prior to the desired work date. The contractor shall be responsible for any additional expenses incurred by the County as a result of the extended work hours, including resident inspection or materials testing overtime. The cost associated with resident inspector overtime will be deducted from the Contractor’s monthly payment request.

By County ordinance, the erection or repair of buildings (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric saws, drills or other equipment attended by loud or unusual noise are prohibited, other than between the hours of 7:00 am and 9:00 pm, Monday through Saturday.

7. SUPERVISION

There shall be at least one designated employee in a position of responsibility representing the Contractor on each site at all times. Responsibilities of the designated employee include, but are not limited to: planning, supervising, coordinating and inspecting all work by the labor force;

acting as the primary liaison with the Owner; discussing the work with the Owner and regulating authorities; and translating from English to the language used by the workforce. Refer to Article 3 of Chapters 2 and 3 of the Contract for Construction for additional information.

8. INCLEMENT WEATHER DAYS

The following inclement weather calendar days shall be anticipated and included in the contractual time period given for project completion.

January 10 days July 4 days February 10 days August 2 days March 7 days September 2 days April 6 days October 3 days May 4 days November 5 days June 3 days December 9 days

The Contractor's request for additional time due to weather shall only be granted for days beyond those listed above - considering the full term of the contract. The burden of proof and documentation for such request for additional time shall rest solely upon the Contractor.

Documentation shall be submitted on a monthly basis. Failure to submit documentation on a monthly basis may result in requests for weather day extensions to be rejected.

Data submitted in support of a request for contract extension due to inclement weather shall include, but not be limited to: impact on the critical path of the project; daily high and low temperatures at the jobsite; daily rainfall amount at the jobsite; time that rainfall started and stopped; documented snow or ice accumulation; specific work impacted by inclement weather and date stamped photos of the impacted work or work area. A rain gauge and thermometer shall be placed at the jobsite to accurately record the data.

Weather days will not be approved unless impact to the critical path is properly documented as described above.

9. GENERAL CONTRACTOR LICENSE

All Bidders must be licensed by the state of Georgia as a General Contractor.

10. CONTRACTOR EXPERIENCE

Bidder shall have completed construction of a minimum of three (3) synthetic field conversion projects of similar size and complexity within the past five (5) years and submit current reference contacts on the enclosed form with the bid. The Contractor will identify on the Reference Form, by name, the Superintendent for each project. The Superintendent assigned to this project must be approved by the County.

The purpose of requiring the submittal of previous experience is to ensure that the contract is awarded to a firm capable of properly executing the work involving elements unique to synthetic turf field projects. If the bidder feels that the bidder’s experience on other types of projects demonstrates that the bidder or a combination of bidder with the proposed subcontractors demonstrates similar experience, additional information explaining the qualifications may be submitted.

11. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Based upon the County’s experience and desire for full compliance, no work may be commenced by any subsequent subcontractor prior to notice being received by the County that all subcontractors (regardless of tier) are in compliance with the Georgia Security and Immigration Compliance Act and the attached Procedures & Requirements (refer to the Cobb County General Instructions for Bidders, Terms and Conditions), including the preparation and submission of the Contractor (or Subcontractor regardless of tier) Affidavit & Agreement AND the Immigration Compliance Certificate PRIOR to the commencement of any work.

Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of the contract or subcontract, provide Cobb County with notice of the identity of any and all subsequent subcontractors hired or contracted by that contractor or subcontractor within five (5) business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit including the subcontractor’s name, address, user ID number, and date of authorization to use the federal work authorization program. O.C.G.A. § 13-10-91

(b) (3).

Refer to Cobb County General Instructions for Bidders, Terms and Conditions within these Bidding Documents for additional information and complete instructions including required Affidavits.

12. COORDINATION OF SUBCONTRACTORS AND DOCUMENTS

The General Contractor is responsible for becoming familiar with the requirements of all construction documents, which includes drawings, bid and contract documents, specifications and all addenda.

Letter prefixes for each drawing sheet indicating the engineering discipline are for convenience only. Information affecting the scope of work for all trades will be found throughout all documents and is not limited to only those documents with the appropriate letter prefix. The General Contractor is responsible for providing subcontractors all necessary information and drawings.

The drawings and specifications are complementary to each other and what is called for by one shall be as binding as if called for by both. In a discrepancy exists between the drawings and specifications, the discrepancy with the higher cost shall govern. The Owner shall be notified of the discrepancy.

13. PAYMENT FOR GRASSING

Seeded and sodded lawns will be acceptable provided the conditions of the construction documents have been met, including maintenance, and a healthy, uniform, close stand of grass is established, free of: bare spots in excess of 6 inches square and surface irregularities.

Unless specifically noted otherwise, all permanent seeding shall be Bermuda. Payment for seeding, if applicable, will be paid at 50% of the total contract amount for seeding until germination and grow-in of permanent grassing has achieved 95% on all areas to be seeded.

Payment will be increased to 90% after 95% grow-in has been achieved. Final payment, and payment of retainage, will be made only after 100% grow-in has been achieved. Permanent seeding may only take place seasonally as listed in the Manual for Erosion and Sediment control in Georgia tables for permanent seeding region M-L. If the permanent Bermuda grass seeding cannot be installed during the specified dates, the contractor, at no additional expense to the owner, shall install temporary seeding and maintain temporary cover until the next season for permanent seeding. Temporary seeding in high pedestrian traffic areas will not be permitted for facilities that are to open before the next growing season. These areas must be sodded at no additional cost to the owner.

Final payment and release of retainage will not be made until establishment of permanent grass over 100% of the project is acceptable to the Designer and the County.

14. COORDINATION WITH UTILITIES

Contractor shall coordinate with Cobb County Water for location of all water meters and is responsible for payment of all water usage until final acceptance by the County.

Contractor shall coordinate his work with the provider of any and all utilities located on the site that has the potential to have an impact on the work.

Contractor is responsible for locating tie in points, where applicable, to existing utilities and advising the Owner if existing utilities are not located as shown.

15. SCHEDULE OF VALUES

Contractor, after award of contract, shall submit a Schedule of Values in accordance with Article

15.2 of Chapter 3 of the Contract for Construction identifying costs for meaningful areas of the Work, such that progress payments can be easily evaluated, as determined by the County. The schedule of values shall be broken down in sufficient detail to facilitate thorough review.

The schedule of values shall specifically include any allowances and unit prices identified in the contract.

16. CONSTRUCTION LAYOUT

The Contractor is responsible for all construction layout and control for the project. Layouts of construction items must consider all elements of the Work adjacent and/or in close proximity;

e.g. catch basins must be located for proper relationships with curb and gutter, etc.

The Contractor shall proceed with construction layout in such a manner that discrepancies between construction items, existing built features and site conditions that are in conflict with the plans may be examined by the Owner’s Representative prior to construction of items in conflict. Failure to notify the Owner’s Representative of conflicts prior to constructing items will result in all remedial actions being paid for by the Contractor including but not limited to additional materials, reinspection fees, professional service fees and survey cost by all parties to the projects.

17. TOPOGRAPHIC MAPPING

The topographic mapping utilized for the development of these construction documents was compiled via field run survey unless noted otherwise. These surveys were prepared following standard survey practices and standards and are the best available information on the site. It is the belief of the design consultants that the information is correct, but neither party warrants or implies a level of accuracy beyond standard surveying practices. The Contractor shall visit the site to review the site topographic conditions and conduct verification surveys if so desired prior to the bid to verify the accuracy of the information provided. Topographic variations discovered after bidding will not be grounds for additional compensation.

18. GEOTECHNICAL REPORT

A subsurface investigation has not been performed at the site.

19. EARTHWORK

Contractor is responsible for all grading shown on the plans, unless noted otherwise. The Contractor shall conduct his own quantity take off based on the Bid Documents. Earthwork related quantities shown on the plans (if any) are provided for reference only and shall not be utilized for bidding purpose. Any haul off of excess materials or import of materials needed to complete the grading shall be by the contractor. The Contractor is responsible for hauling the soil materials. Should the Contractor import materials from any another site, the contractor shall provide sample(s) to the materials testing firm for testing and approval.

20. ACTIVE FACILITIES

Fullers Mustang field will close during construction. However, the rest of Fullers Park will remain open. The Contractor is advised that these areas will remain open during construction.

Safety shall be a prime concern of the Contractor at all times. The Contractor shall be solely responsible for and have control over the means, methods, techniques, sequences and procedures for coordinating and constructing the Work, including site safety and safety precautions and programs. The Contractor is responsible for providing security fencing, signage, and any other measures necessary to secure the jobsite and protect the safety of the public utilizing the park. Security fencing shall be a minimum of six (6’) ft. tall. Security fencing shall be properly secured using adequate sand bags to anchor the fence and clamps on posts of adjoining panels to secure the fence. The Contractor shall keep the work area and adjacent areas clean at all times. Clean up operations shall be conducted on a consistent basis.

The Contractor shall conduct the construction operations with the appropriate level of care to ensure the safety of the public utilizing the facility. Employees of the contractor and any subcontractors shall be cognizant of the fact that the park is open to the public and conduct themselves in an appropriate manner. Actions such as cursing and other unnecessary conduct will not be tolerated.

21. AS-BUILT DRAWINGS AND DOCUMENTATION

The Contractor is responsible for providing as-built documents required by Cobb County including the Storm Water Management Division of Cobb Water. The Contractor will submit these documents directly to design engineer for review and certification. The as-built documents will require survey confirmation (both elevation and location) by the contractor and include, but are not limited to: storm drainage pipes and structures, detention and water quality ponds and swales. These as-built documents must be reviewed and approved by the designer of record prior to final acceptance by Parks and Recreation.

In addition, the Contractor is required to submit red line as built drawings documenting all changes from the contract documents. Critical dimensions shall be included as well.

22. SCHEDULE

The anticipated schedule for the project is as follows:

Project Bids: April 10, 2025 BOC Consideration: May 13, 2025 Contracts Issue: By July 18, 2025 Notice to Proceed On or about August 1, 2025

The Owner reserves the right to revise the above schedule as needed. Upon award and issuance of a contract, the Contractor shall proceed in an expeditious manner to obtain all insurance and bonds for the project. Documentation will require various endorsements to document proof of insurance. Refer to the Sample Construction Contract in the Project Manual for additional information.

Should the contract be executed by both the Contractor and the Owner prior to the anticipated Notice to Proceed date, the Contractor will be given Notice to Proceed with preconstruction activities such as submittals, procurement, scheduling, etc.

23. DURATION

The construction duration for the work in this contract is one hundred twenty (120) calendar days.

Failure to substantially complete the work within 120 calendar days plus any approved extensions shall result in liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) per calendar day. Final completion shall be reached within 30 days of substantial completion. Failure to reach final completion within that time period will result in liquidated damages of Two Hundred Dollars ($200.00) per calendar day. Refer to the Sample Contract for Construction in the Project Manual for additional information concerning liquidated damages.

Arbitrary assignment of a contract extension to minor change order requests will be rejected. All requests for contract duration extension must include documentation that demonstrates the impact of the change on the critical path of the project.

24. FINAL ACCEPTANCE

All references to guarantee, warranty or payments that are commencing upon “Final Approval”, “Final Certificate for Payment”, or “Substantial Completion” or other similar wording shall commence upon acceptance of the Work by the County.

25. ALLOWANCE

The bid form has a $15,000.00 allowance shown in the schedule to be utilized for unforeseen conditions. The sum of base bid amount plus the $15,000.00 allowance shall be included in the TOTAL BID (Base Bid plus Allowance) on page 1 of the BID FORM. Spending for unforeseen conditions against the allowance must be approved by the Owner prior to proceeding with the work. All proposals for spending against the allowance shall be provided in sufficient detail per Article 9.5 of Chapter 3 contract.

The allowance shall be shown in the schedule of values for the project. All proposals for work to be paid from the allowance shall include direct costs but shall not include mark up of general conditions, overhead, profit, etc. by the contractor. If the Contractor intends to collect a markup on the allowance, the mark up shall be included in the Base Bid Amount on the Bid Form.

Proposals of work to be funded by the allowance from subcontractors may be marked up by the subcontractor the amount allowed by paragraph 4.4.2 of the sample contract for construction included in the project manual. Should the amount approved for the unforeseen conditions allowance costs be less than $15,000.00 at the conclusion of the project, the difference will be returned to the Owner via a deductive change order.

26. INSURANCE LIMITS

The insurance limits provided in the Sample Contract for Construction contained within the bid documents shall govern over those limits shown in the Cobb County General Instructions For Bidders, Terms and Condition.

27. OMISSIONS

Omissions and Errors from the drawings, and /or specifications, or the miss-description of details of work which are manifestly necessary to carry out the intent of the drawings and/or specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or miss-described details of the work, but they shall be performed as if fully and correctly set forth and described in the drawings and specifications

28. NOTICE OF COMMENCEMENT

The Contractor shall record a Notice of Commencement with the Cobb County Clerk of Superior Court within 15 days after the contractor physically starts work on the property. A copy of the recorded Notice of Commencement shall be provided to the Owner.

29. ADDENDA

The Purchasing/Procurement Services Department will take reasonable steps to ensure that known perspective bidders have all applicable addenda. However, it is the ultimate responsibility of the bidder/proposer to ensure that they have all applicable addenda prior to bid/proposal submission. All bidders/proposers are encouraged to contact the Purchasing/Procurement Services Department prior to finalizing their submission.

30. SALVAGED MATERIALS

Prior to demolition by the contractor, the Owner reserves the right to salvage any items scheduled to be demolished. This includes but is not limited (most commonly salvaged):

fixtures within and around buildings, heating and air conditioning equipment, water heaters, sinks, light fixtures, doors and hardware. The Contractor shall remove and dispose of any remaining materials scheduled for demolition.

31. All references to "Engineer", "Landscape Architect", "Architect", or "Owner" in the Contract for Construction, drawings or in the specifications are deemed to mean the Program Manager and/or "Owner's representative", as designated by the County. Any references to “Professional” in the Contract for Construction, drawings or in the specification are deemed to include those represented by the definition of Professional in the Contract for Construction and/or the Program Manager and/or “Owner’s Representative”.

GENERAL CONTRACTOR'S QUALIFICATION STATEMENT – Use additional pages if necessary

I. CONTRACTOR

Name of Contractor:

Address of Contractor:

Primary Contact Person:

Telephone Number:

II. BANK REFERENCE

Primary Bank:

Relationship officer responsible for account:

Telephone Number:

III. BACKGROUND

Has Contractor ever done business under a different name?

If so, provide names:

Prior projects with Cobb County:

SIMILAR PROJECT EXPERIENCE WITHIN THE PAST 5 YEARS –REFER TO SPECIAL TERMS AND

CONDITIONS FOR QUALIFICATION REQUIREMENTS (Provide additional sheets if needed)

1. Name of project:

Summary Project Description:

Address of project:

Contact person with Owner:

Current phone number and email address:

Completion date:

2. Name of project:

Summary Project Description:

Address of project:

Contact person with Owner:

Current phone number and email address:

Completion date:

3. Name of project:

Summary Project Description:

Address of project:

Contact person with Owner:

Current phone number and email address:

Completion date:

Bonding Co.:

Bonding Co. Agency:

State of Georgia General Contractor License #:

Type of Business Entity: (Corporation, Sole Proprietorship, Partnership, LLC, P.C.)

Individual Members of the Firm:

President of the Corporation:

Secretary of the Corporation

Corporation is organized under the Laws of the State of

Bid dated this day of 202

Cobb County General Instructions for Bidders, Terms and Conditions

I. Preparation of Bids

Each bidder shall examine the drawings, specifications, schedule and all instructions. Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response.

Unit price for each quotation shall be shown and such price shall include packing unless otherwise specified, along with a total and grand total where applicable. In case of discrepancy between a unit price and extended price, the unit price will be presumed correct.

Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

Invitations to Bid issued by Cobb County are advertised on the Cobb County Internet site (www.cobbcounty.org/procurementservices), and on the Georgia Procurement Registry, and every Friday in the Cobb County legal organ, the Marietta Daily Journal.

II. Delivery

Each bidder should state the time of proposed delivery of goods or services. Words such as “immediate”, “as soon as possible”, etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday and holidays in the number).

III. Explanation to Bidders

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be received by 5:00 PM on April 1, 2025, in order for a reply to reach all bidders before the close of the bid. Any information concerning an Invitation to Bid (ITB) will be furnished to all prospective bidders as an addendum if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. Questions must be submitted through the portal (https://procurement.opengov.com/portal/cobbcoga).

The written bid documents supersede any verbal or written communication between parties. Addenda will be posted on the OpenGov Portal. Receipt of addenda shall be acknowledged in the bid. It is the bidder’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.

IV. Submission of Bids

Bids shall be submitted through the OpenGov Portal on the Cobb County Procurement Services’ website.

Physical, emailed or telegraphic/faxed proposals will not be considered. Unsigned bids will not be considered.

Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the bidder’s request and expense if items are not destroyed by testing. Items offered must meet required specifications and must be of a quality, which will adequately serve the use and purpose for which intended.

Full identification of each item bid upon, including brand name, model, catalog number, etc. must be furnished to identify exactly what the bidder is offering. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness.

Cobb County is exempt from federal excise tax and Georgia sales tax with regards to goods and services purchased directly by Cobb County. Suppliers and contractors are responsible for federal excise tax and sales tax, including any taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information. Tax Exemption Certificates will be furnished upon request.

Except as otherwise provided by law, information submitted by a bidder in the bidding process shall be subject to disclosure after bid award in accordance with the Georgia Open Records Act. Proprietary information must be identified with the appropriate affidavit as required by the Georgia Open Records Act. Marking an entire bid as proprietary will be neither accepted nor honored.

Each Bidder is required to keep the contents of their bid confidential once it is submitted until the award to the successful Bidder is made. Releasing any information regarding the proposal to third parties or the media prior to the conclusion of the award process will be immediate grounds for the County to reject the bid as non-responsive.

V. Withdraw Bid Due to Errors

The bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error within two (2) business days (48 hours) after the conclusion of the bid opening. Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional arithmetic or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The bidder’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his bid. If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be low bid. Bid withdrawal is not automatically granted and will be allowed solely at the discretion of Cobb County.

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

VI. Testing and Inspection

Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of tests are determined. Cost of inspections and tests of any item, which fails to meet specifications, shall be borne by the bidder.

VII. F.O.B. Point

Unless otherwise stated in the Invitation to Bid and any resulting contract, or unless qualified by the bidder, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. Patent Indemnity

The contractor guarantees to hold the County, its agents, officers, or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of contract, for which the contractor is not the patentee, assignee or licensee.

IX. Bid, Payment & Performance Bonds

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond shall be furnished to Cobb County for any proposal as required in proposal documents. Failure to submit appropriate bonding will result in automatic rejection of proposal. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirements of the solicitation. The bonds shall be increased as the contract amount is increased.

X. Insurance

A. Requirement:

Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

B. Minimum Limits of Insurance:

Contractor shall maintain insurance policies with coverage and limits no less than:

i. Commercial General Liability: $1,000,000 combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage for premises/operations, products/completed operations, independent contractors and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable).

ii. Commercial Automobile Liability (owned, non-owned and hired): $1,000,000 combined single limit per occurrence and for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

iii. Workers' Compensation and Employers Liability: Workers’ Compensation limits as required by the State of Georgia and Employers Liability of $1,000,000 per occurrence or disease.

iv. Professional Liability (Errors and Omissions) Coverage: $2,000,000 per claim and in the aggregate is required, in the event a contractor is performing design, engineering or other professional services.

v. Commercial Umbrella or Excess Liability Coverage: $2,000,000 in liability excess coverage per occurrence above the contracts stated minimum coverage limits for Commercial General Liability, Commercial Automobile Liability, and the Workers' Compensation and Employers Liability policies of insurance. This may be satisfied by having the underlying liability limits that equal or exceed the combined amount of the underlying liability limits and umbrella coverage.

vi. Builder's "All Risk" Insurance: In the event Contractor is performing construction services under the Contract, Contractor shall procure and maintain “All-Risk” Builder’s insurance, written on a commercially recognized policy form, providing coverage for the Work performed under the contract, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limit shall be in a minimum amount equal to the "full insurable value" of such equipment and 100% of the value of the Contract, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement (including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-up, with extended coverage, and providing coverage for transit, with sub-limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work.

The making of progress payments to the Contractor shall not be construed as relieving the

Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work.

C. Deductibles and Self-Insured Retention

Any deductibles or self-insurance retentions must be declared to and approved by Owner so that Owner may ensure the financial solvency of the Contractor. At the option of Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Owner, its officers, officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures.

D. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

i. General Liability, Automobile Liability, and Umbrella/Excess Insurance

(a) Additional Insured Requirement. Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers and agents (hereinafter referred to as “Insured Party” or “Insured Parties”) are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, leased, or used by the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.

(b) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary and noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it.

(c) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties.

(d) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each Insured Party against whom claim is made or suit is brought.

(e) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion.

E. Workers' Compensation and Employers Liability Coverage

The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. The insurer shall agree to waive all rights of subrogation against Owner, and its officers, officials, employees and volunteers for losses arising from the work performed by the Contractor for Owner.

F. Waiver of Subrogation

The insurers shall agree under each policy of insurance required by this Contract to waive all rights of subrogation against the Insured Parties for losses arising from work performed by the Contractor for Owner.

G. All Coverages

i. Notice Requirement.

Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner, in care of the Cobb County [insert department name and address]. Owner reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law.

(ii) Acceptability.

The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurers with a Best's Policyholder’s Rating of “A” or better and with a financial rating of Class VII or greater or be otherwise acceptable to Cobb County.

All policies shall be subject to approval by Cobb County Attorney’s Office as to form and content.

(iii) Failure of Insurers. The Contractor shall be responsible for any delay resulting from the failure of any insurer to furnish proof of coverage in the prescribed form.

H. Verification of Coverage

Contractor shall furnish Owner with certificates of insurance and endorsements to the policies evidencing all coverages required by this Contract. Additionally, the declarations page for each insurance policy listed on the certificate of insurance shall be submitted to Owner. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements shall be received and approved by Owner before any work commences. Owner reserves the right to require complete, certified copies of all required insurance policies at any time. The contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage

I. Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds.

XI. Award

Award will be made to the lowest responsive and responsible bidder. Conditional bids are not accepted.

The quality of articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award.

The County may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract. The County reserves the right to reject or accept any or all bids and to waive technicalities, informalities, and minor irregularities in the bids received in the County’s sole discretion and best interest.

The Bidder does not have the exclusive right to fill all of the County’s requirements for the goods or services awarded nor will the County be obligated to purchase the estimated annual quantity or any quantity contained in the bid document.

The County reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest. In case of tie bid, the award will be made as follows:

1. The bid will be awarded to the in-county vendor.

2. The bid will be awarded to the in-state vendor.

3. The bid will be awarded to the vendor with the lesser total dollar volume.

The County reserves the right to award by line item to more than one vendor. The County reserves the right to negotiate a lower price than the bid award price on any line item with the successful vendor, should the quantity required significantly exceed those on the Invitation to Bid. If the County is unable to negotiate an acceptable price, it reserves the right to rebid the item(s) involved. If after the award of the bid there is a decrease in the price of a product from the manufacturer, or a rebate, the successful bidder will pass that price decrease and/or rebate onto the County.

Time payment discounts will be considered in arriving at net prices and in award of bids. Offers of discount for payment within ten (10) days following the end of the month are preferred.

It is the intent of Cobb County Government to award all contracts in a manner that promotes fair, equitable treatment of all contractors and sub-contractors without regard to race, color, creed, national origin, gender, age, or disability.

XII. Delivery Failures

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Procurement Services Director, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Procurement Services Director, shall constitute authority for the Procurement Services Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Procurement Services Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late.

Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Procurement Services Director.

XIII. County Furnished Property

No material, labor or facilities will be furnished by the County unless so provided in the invitation to bid.

XIV. Rejection of Bids

Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds for rejection of bid.

XV. Contract

Upon submitting a bid in response to an ITB containing a Cobb County Sample Contract as part of the requirements, it is understood that the bidder has reviewed the documents with the understanding that Cobb County requires that the successful bidder(s) shall enter into a contract that is substantially the same as the Sample Contract unless modified by agreement of the parties. If any exceptions are taken to any part of the Sample Contract, each exception must be stated in detail and submitted as part of the bid document. If no exceptions are stated, it is assumed that the bidder fully agrees to the Sample Contract in its entirety. The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final contract, and the County reserves the right to make changes to the Sample Contract. In no event is a bidder to submit its own standard contract terms and conditions as a response to this ITB.

The Price and all unit prices shown shall be deemed to include all costs of Contractor’s performance of the Work as set forth in the Bid Documents, including, but not limited to, the costs of labor, supervision, travel, services, materials, equipment, tools, scaffolds, hoisting, transportation, storage, insurance and taxes.

Each bid is received with the understanding that selection as the successful bidder by the County does not constitute a written contract between the successful bidder and the County, but shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid upon execution of a written contract with the County authorized by the County Board of Commissioners and signed by the Chairman. Once a contract is executed by the proper authorities for each party, the County, on its part, may order from such contractor, and except for cause beyond reasonable control, pay for, at the agreed prices, all articles specified and delivered.

XVI. Non-Collusion

By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief:

(a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor.

(b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other…