Cobb County Bid 24_6819_Project Bidding Docum.pdf
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- Attached to
- Air Traffic Control Tower Equipment Renovations
- Solicitation number
- PE-77050-NONST-2024-000000007
- Issued by
- Cobb County, Georgia
About this file
This document contains the bid specifications for the Air Traffic Control Tower Equipment Renovations project at the Cobb County International Airport in Kennesaw, Georgia. The project primarily involves the replacement and installation of new controller communications and weather electronics equipment within the existing air traffic control tower, as well as minor related equipment improvements on the tower cab roof and surrounding grounds. The sealed bids are due by 12:00 noon on April 11, 2024, and will be publicly opened by the Cobb County Procurement Services Department. A non-mandatory virtual pre-bid meeting will be held on March 25, 2024. The contract will be awarded to the most responsive and responsible bidder.
The bid documents outline detailed pricing, bonding, insurance, and other contractual requirements. The project is funded through federal sources. Bidders must comply with various federal and state regulations, including Buy American, Davis-Bacon Act, and E-Verify requirements. Cobb County reserves the right to reject any or all bids and waive technicalities at its discretion.
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Text version
AIR TRAFFIC CONTROL TOWER EQUIPMENT RENOVATIONS
COBB COUNTY INTERNATIONAL AIRPORT
KENNESAW, GA
23005651-00 Page B-1
DIVISION 2 – BIDDING DOCUMENTS
INSTRUCTIONS TO BIDDERS
Cobb County International Airport Air Traffic Control Tower Equipment Renovations
Cobb County Bid No.: 24 - 6819
I. INTRODUCTION
Cobb County is requesting sealed bids for construction of the Air Traffic Control Tower Equipment Renovations Project located at Cobb County International Airport, 1723 McCollum Pkwy NW, Kennesaw, GA 30144 based on drawings and specifications entitled “Air Traffic Control Tower Equipment Renovations” on file at the locations as noted in the advertisement for bids.
Funding for this project will be Federal funding. The Project is required to comply with State and Federal statutes, rules, and regulations, as well as those of Cobb County, including local permitting of the project.
II. BACKGROUND
The Air Traffic Control Tower Equipment Renovations Project will be permitted through Cobb County. All permits, fees, and utilities will be paid through the Contractor.
III. PROJECT LIMITS AND OVERVIEW
The “Project” primarily consists of replacement / installation of new controller communications and weather electronics equipment within the existing Air Traffic Control Tower (ATCT) at the Cobb County International Airport (RYY), with minor additional related equipment improvements to be installed on the roof of the ATCT Cab, as well as on the ground in the vicinity of the ATCT.
The contractor shall review and take into consideration all plans and specifications provided by the County for this project.
IV. SUBMITTING BIDS
Cobb County will receive Sealed Bids in the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, GA 30060. 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 the bid. Unsigned bids will not be considered.
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 taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.
23005651-00 Page B-2
BID Submittal Deadline: Thursday, April 11th, 2024, before 12:00 Noon
Submit BID to: Cobb County Procurement Services Department 122 Waddell Street NE, Marietta, GA 30060
BIDs submitted after the 12:00 Noon deadline will not be accepted.
The Bidder’s envelope shall contain the signed originals of all the specified forms, as well as one (1) additional photocopy of the signed originals.
All responses must be in accordance with the conditions and instructions provided in the bid documents.
Cobb County assumes no responsibility for bids received after the submission time. Unsigned bids will not be considered.
Cobb County reserves the right to retain all submitted bids. All work performed by the successful Contractor shall be performed in compliance with the Americans with Disabilities Act.
Except as otherwise provided by law, information submitted by a Bidder in the bid process shall be subject to disclosure after contract award in accordance with the Georgia Open Records Act. Proprietary information must be identified. Entire Bids may not be deemed proprietary.
V. PRE-BID MEETING
A Non-mandatory Virtual Pre-Bid Meeting will be held on Monday, March 25th, 2024, at 10:00 AM.
Microsoft Teams Meeting Meeting ID: 222 989 531 861 Passcode: WbETBT Or call in (audio only) +1 224-419-4630,,505856358# Phone Conference ID: 505 856 358#
Any questions about the project must be submitted in writing no later than 12:00 p.m. noon on Wednesday, April 3rd, 2024, to procurementservices@cobbcounty.org
VI. AWARD OF CONTRACT
Award will be made to the most responsive and responsible Bidder according to the criteria stated in the bid documents. The County may make such investigations as it deems necessary to determine the ability of the proposer to perform, and the proposer 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 investigations of such proposer fails to satisfy the County that such proposer 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. The County reserves the right to make an award as deemed in its best interest based on its sole discretion of its best interest.
mailto:procurementservices@cobbcounty.org
23005651-00 Page B-3
VII. MISCELLANEOUS
A. Modification or Withdrawal of Bid 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 documents and materials used in the preparation of the bid sought to be withdrawn. The Bidder’s original documents and materials 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.
B. Addenda Each bid shall include specific acknowledgment in the space provided of receipt of all addenda issued by the County. Failure to acknowledge may result in the bid being rejected as non-responsive.
C. Land Acquisition This project will be constructed on land currently owned by Cobb County.
D. Mistakes; Corrections and Withdrawal of BID After bids are received, if the low Bidder claims a serious and honest error and can support such claim with evidence satisfactory to the County; withdrawal of the bid without forfeiture of the bid security will be permitted. As a condition of this release, the low Bidder will be prohibited from:
1. Subcontracting or furnishing labor or equipment on this project.
2. Bidding on any Cobb County System projects within ninety (90) days of release by
County.
E. Interpretations No interpretation of the meaning of the drawings, specifications or other bid documents will be made to any Bidder orally. Every request for such interpretation must be in writing and addressed to the Cobb County Procurement Services Department. Any and all such interpretations and any supplemental instructions will be in the form of written addenda. All addenda so issued shall become a part of the Contract Documents.
23005651-00 Page B-4
Any questions concerning this Request for Bid must be directed in writing no later than 12:00 p.m. noon on Wednesday, April 3rd, 2024, to procurementservices@cobbcounty.org
The written proposal documents supersede any verbal or written communication between parties. Addenda are posted on the Procurement Services Department website:
www.cobbcounty.org/procurement-services. Receipt of addenda should be acknowledged in the submitted proposal. It is the proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.
F. Site Examination
The Bidder shall examine the project site and shall make such examinations on the ground as may be necessary to thoroughly familiarize itself with the nature and extent of the proposed construction and with all local conditions affecting the work. The Bidder shall also accept the premises in its present condition and carry out all work in accordance with the requirements of the specifications and as shown on the drawings. The County will not be responsible for Bidder’s errors and misjudgment nor for failure to obtain any information on local conditions or general laws or regulations pertaining thereto. At the time of the opening of bids each Bidder will also be presumed to have read and to be thoroughly familiar with the Drawings, Contract Documents (including all addenda), and the Construction Specifications. The failure or omission of any Bidder to examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to his bid.
G. Notice of Special Conditions
NONE
H. Laws and Regulations; Licensing
The Bidder’s attention is directed to the fact that all applicable Federal and state laws, county and municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.
The State of Georgia has requirements for the licensing of contractors engaged in specific types of construction, including general contracting, electrical, plumbing, and underground utility work [re: OCGA § 43-14]. Any contractor (or subcontractor of any tier) performing regulated work on this project shall furnish proof of valid and current registration to the County. Similarly, the State requirements concerning local business licenses shall be met.
I. Execution of Proposal The Bidder, in signing its bid on the whole or any portion of the work, shall conform to the following requirements:
1. Bids, which are not signed by individuals providing said bid shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed.
mailto:procurementservices@cobbcounty.org https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cobbcounty.org%2Fprocurement-services&data=05%7C02%7Cmreiter%40cmtengr.com%7Cd555d0accc00462cfd2d08dc3d18d568%7Cb837cea6fc4a45b4bbd7c6d3b1216fdd%7C0%7C0%7C638452424104731262%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=QeXw%2FwRsorqvB%2BpW5F02yUYZRlKeHxjeMKuW2VNXErU%3D&reserved=0
23005651-00 Page B-5
2. Bids, which are signed for a partnership, shall be signed by all of the partners or by an attorney-in-fact. There should be attached to the bid a power of attorney executed by the partners evidencing authority to sign the bid
3. Bids, which are signed for a corporation, shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name following the wording "By _______." The corporate seal shall also be affixed to the bid.
J. Non-Collusion Affidavit The Georgia statute concerning public works construction contracting requires that any person who procures such work by bidding or bid shall make an oath in writing that he/she has not prevented or attempted to prevent competition in such bidding [OCGA § 36-91- 21(d),(e)]. If the successful Proposer (“Bidder”) is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall make the oath and complete the Affidavit. If the Bidder is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath and complete the Affidavit. If such oath is false, the Contract shall be void, and all sums paid by the County on the Contract may be recovered by appropriate action.
K. Contract Performance Bond and Payment Bond The Bidder shall be required to furnish a contract performance bond and a payment bond executed by a surety company. This company must be listed in the latest issue of U.S.
Treasury Circular 570, registered, and duly authorized to do business in the State of Georgia. The bond must be signed (or countersigned) by a local agent, each in an amount that is at least equal to one hundred percent (100%) of the Contract Price, as security for the faithful performance of this contract and as security for the payment of all persons performing labor and furnishing material in connection with the Contract.
The surety shall be acceptable to the County and the bond shall be executed on the form provided. In case of default on the part of the Contractor, all expenses incident to ascertaining and collecting losses under the bond, including both engineering and legal services, shall lie against the bond.
The Contractor shall be required to provide the County a one-year guarantee covering workmanship and materials of the project. The contract performance bond shall remain in force for one year from the date of project acceptance by the County. The cost of this bond shall be paid by the Contractor.
L. Insurance/Proof of Coverage The Contractor shall procure and maintain for the duration of the Contract insurance 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, as provided below.
23005651-00 Page B-6
Prior to execution of the Contract, a certificate of insurance and endorsements to all policies of insurance will be submitted to the County.
M. Minimum Limits of Insurance Contractor shall maintain limits no less than:
1. General Liability
$5,000,000 General Liability combined single limit per occurrence for comprehensive coverage, for bodily injury, personal injury, property damage, contractual liability, broad form property damage, and underground, explosive and collapse hazard.
2. Automobile Liability $1,000,000 Automobile Liability combined single limit per occurrence, for bodily injury and property damage, including County, non-owned, hired, leased or rented vehicles.
3. Workers' Compensation and Employers' Liability $1,000,000 Employers' Liability limit per occurrence and Worker's Compensation limits as required by the Labor Code of the State of Georgia.
4. Builder's Risk Full amount of Project cost proposal. Cobb County should be listed as a Loss Payee under this insurance.
5. Umbrella Policy $2,000,000 limit for a combined single limit per occurrence for comprehensive coverage, for bodily injury, personal injury, property damage, contractual liability, broad form property damage, and underground, explosive and collapse hazard.
N. Deductibles and Self-Insured Retention
Any deductibles or self-insured retentions must be declared to and approved by the County.
At the option of the County, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, or employees; or the Bidder shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.
O. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Coverage
a) The County, its officers, officials, employees, and volunteers are to be covered as additional named 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, occupied, or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the County, its officers, officials, employees, or volunteers. Nothing in this paragraph shall be construed to require the Contractor to provide liability insurance coverage to the County for claims asserted against the County for its sole negligence.
23005651-00 Page B-7
b) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its officers, officials, employees, or volunteers.
c) The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the County, its officers, officials, employees, and volunteers for losses arising from work performed by the Contractor for the County.
3. Builder's Risk The Contractor shall secure all-risk type of builder's risk insurance covering work performed under the Contract, and materials, equipment, expedited deliveries or other items to be incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy shall cover not less than losses due to fire, flood, explosion, hail, lightning, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke or other cataclysmic events, 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 his subcontractors or the insurance company or companies providing the coverage described herein of responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance.
4. All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the County. Owner reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law.
P. Acceptability Insurance is to be placed with insurers with a Best's rating of no less than A+, or acceptable to the County.
Q. Verification of Coverage
1. The Contractor shall furnish the County with five original Certificates of Insurance, each with original endorsements affecting coverage required by this clause. 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 name of the Insured on the Certificate must exactly match the name on the Contract and on the Contractor’s corporate seal.
23005651-00 Page B-8
Each certificate must have an original signature in blue ink or a stamped signature in blue ink. Photocopies are not acceptable.
2. The Certificates must include the Cobb County Project Name and Project Number.
The Certificate Holder must be shown as:
Cobb County, Georgia 100 Cherokee Street NE, Marietta, GA 30090
3. The certificates and endorsements naming additional insureds and indicating required waivers are to be submitted with the executed Agreement/Contract and Performance and Payment Bonds and shall be approved by the County before work commences.
The County reserves the right to require complete, certified copies of all required insurance policies at any time.
4. The endorsements on the certificates must read as follows:
a) The certificate for All Coverage shall include the following Cancellation endorsement, worded exactly as follows: “Should any coverage be suspended, voided, cancelled or, reduced in coverage or in limits, thirty (30) days prior written notice delivered by certified mail, return receipt requested, will be given to the Certificate Holder.”
b) The certificate for General Liability and Automobile coverage shall include the following endorsement, worded exactly as follows: "County, its officers, officials, employees and volunteers are covered as additional insureds as respects liability arising out of actions performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.”
c) The certificate for Worker’s Compensation and Employers’ Liability coverage shall include the following endorsement, worded exactly as follows: “The insurer agrees to waive all rights of subrogation with respect to Worker’s Compensation and Employers’ Liability Coverage against the County, its officers, officials, employees, and volunteers for losses arising from work performed by the Contractor for the County.”
R. Subcontractors
The Contractor shall include all subcontractors as insured 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 herein.
S. Award of Contract The Proposer, to whom the Contract is being awarded, shall be required to execute the Contract. The Contractor shall provide insurance certificates acceptable to the County within ten calendar days from the date when the notice of award is issued. The contract will then be
23005651-00 Page B-9 executed by the County and a notice to proceed issued to the Contractor. Prior to final execution of such, the Contractor shall provide the performance bond and payment bonds.
In case of the failure of the Contractor to execute the agreement, provide insurance or meet bonding requirements, the County may consider the Contractor in default, in which case the bid security accompanying the bid shall become payable to the County.
VIII. INELIGIBLE BIDDERS
The County may choose not to accept the bid of one who is in default on the payment of taxes, licenses or other monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in removal from the list under that commodity.
IX. FIRM PRICES
Prices quoted by bid shall be firm and best prices. Prices quoted must be valid for a minimum of one hundred twenty (120) days from the date of bid opening.
X. PROPOSAL/PRESENTATION COSTS
The cost for developing a bid will be borne by the respondent. Cobb County is not liable for any costs incurred by the respondent in the preparation of proposals.
XI. INDEMNIFICATION/HOLD HARMLESS
By submission of a bid, the selected Contractor agrees to indemnify Cobb County to the fullest extent permitted by law, protect, defend, indemnify and hold harmless Cobb County, its officers, officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged a) bodily injury, sickness, disease, or death; or injury to or destruction of tangible property including the loss of use resulting there from; or any other damage or loss arising out of or resulting claims resulting in whole or part from any actual or alleged act or omission of the responding firm, sub-consultant, anyone directly or indirectly employed by any of them; or anyone for whose acts any of them may be liable in the performance of work; b) violation of any law, statute, ordinance, governmental administrative order, rule, regulation, or infringements of patent rights or other intellectual property rights by the responding firm in the performance of work; or c) liens, claims or actions made by the responding firm or other party performing the work, as approved by Cobb County.
The indemnification obligations herein shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for the responding firm or its sub-consultant(s), as approved by the County, under workers’ compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar or insurance.
XII. 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
23005651-00 Page B-10 process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee, or licensee.
XIII. 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 as required in the proposal documents. Failure to submit appropriate bonding will result in automatic rejection of bid. The 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 if the contract amount is increased.
XIV. COUNTY FURNISHED PROPERTY
The County will furnish no material, labor, or facilities unless so provided in the BID.
XX. REJECTION OF PROPOSALS
Failure to observe any of the instructions or conditions in the bidding documents may constitute grounds for rejection of a bid.
XXI. CONTRACT
Each bid is received with the understanding that the acceptance in writing by the County of the offer to furnish the work described therein shall constitute a contract between the Bidder and the County which shall bind the Bidder on his part to furnish and deliver the work at the prices stated in accordance with the conditions of said accepted bid. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.
Upon receipt of a bid 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 all agreements between the parties must be entered into via these documents. If any exceptions are taken to any part, 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 County reserves the right to make changes to the “Sample Contract”.
XXII. NON-COLLUSION
By submission of a bid, the Bidder certifies, under penalty of perjury, that to the best of its knowledge and belief:
23005651-00 Page B-11
(a) The prices in the bid 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 bid have not been knowingly disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor.
(c) No attempt has been made, or will be made, by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.
Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.
XXIII. CONFLICT OF INTEREST, ETC.
By submission of a bid, the Bidder certifies, under penalty of perjury, that to the best of its knowledge and belief:
1. No circumstances exist which cause a Conflict of Interest in performing the services required by this solicitation, and
2. That no employee of the County, nor any member thereof, not any public agency or official affected by this solicitation, has any pecuniary interest in the business of the responding firm or his sub-consultant(s) has any interest that would conflict in any manner or degree with the performance related to this BID.
The contractor also warrants that he and his sub-consultant(s) have not employed or retained any company or person other than a bona fide employee working solely for the contractor or sub-consultant(s) to solicit or secure a contract agreement with Cobb County, as related to this solicitation, and that he and his sub-contractor(s) have not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the contractor or his sub-consultant(s) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award of this Agreement.
For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration.
The successful contractor shall require each of its sub-contractor(s) to sign a statement certifying to and agreeing to comply with the terms of the subsections above.
XXIV. DEFAULT
The contract may be cancelled or annulled by the County in whole or in part by written notice of default to the contractor upon non-performance or violation of any contract term. An award may be made to the next highest rated responsive and responsible Bidder, or articles specified may be purchased on the open market similar to those terminated or the County may issue a new Request
23005651-00 Page B-12 for bid. In any event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on its bid, unless extended in writing by the County, shall constitute contract default.
XXV. DISPUTES
Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the County who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the County shall be final and binding, however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.
XXVI. SUBSTITUTIONS
Bidders offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their bid. The absence of such a substitution list shall indicate that the Bidder has taken no exception to the specifications contained therein.
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23005651-00 Page B-13
CONTRACT PROPOSAL
Cobb County International Airport Air Traffic Control Tower Equipment Renovations
Cobb County Bid# 24-6819
The Bidder has carefully examined and fully understands the Contract, Scope of Work, and other Documents hereto attached, and has satisfied itself as to the requirements of the Work, and hereby agrees that if its proposal is accepted, it shall contract with Cobb County according to proposal Documents entitled “Air Traffic Control Tower Equipment Renovations” located at the Cobb County International Airport.
Base Bid (Air Traffic Control Tower Equipment Renovations): ______________________________
Contractor shall provide a detailed analysis of the costs associated with these services to include General Conditions and the Fee associated with the cost of all the work.
The Undersigned agrees to commence work within 10 days of the date of Notice issued by Cobb County and to commit adequate staff to substantially complete all Work within the proposed or negotiated schedule.
The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:
Addendum No. Date Addendum No. Date
23005651-00 Page B-14
SCHEDULE OF PRICES
Item Spec.
No. No. Item Description / (Write Unit Price in Words) Unit Unit Price Amount
SCHEDULE OF BIDS
$TOTAL - BASE BID =
Quantity
Estimated
SCHEDULE OF BIDS
COBB COUNTY BID 24-6819
AIR TRAFFIC CONTROL TOWER IMPROVEMENTS
COBB COUNTY INTERNATIONAL AIRPORT
Cobb County International Airport
Air Traffic Control Tower Improvements
B-14.1 23005651-00
February, 2024
No. No. Item Description / (Write Unit Price in Words) Unit Unit Price AmountQuantity
Estimated
SCHEDULE OF BIDS
COBB COUNTY BID 24-6819
AIR TRAFFIC CONTROL TOWER IMPROVEMENTS
COBB COUNTY INTERNATIONAL AIRPORT
BASE BID
1 C-105 MOBILIZATION 1 L. SUM $ $
Dollars
Cents
2 ATCT-1
REPLACE/UPGRADE COMMUNICATIONS
EQUIPMENT, INCLUDING VOICE SWITCH, RADIOS
(MAIN, DESKTOP BACK-UP, & 3 HAND-HELDS),
VOICE RECORDER, LIGHT GUN, & GPS
SYNCHRONIZED TIME DEVICE, COUNTER, & 2
DISPLAYS, INSTALLED, COMPLETE
1 L. SUM $ $
Dollars
Cents
3 ATCT-2
REPLACE/UPGRADE AIRFIELD LIGHTING CONTROL
PANEL, INSTALLED, COMPLETE
1 L. SUM $ $
Dollars
Cents
4 ATCT-3
REPLACE/UPGRADE SECONDARY WEATHER
TOWER, INCLUDING SENSORS (WIND SPEED &
DIRECTION, TEMPERATURE DEW POINT, &
BAROMETRIC), INSTALLED, COMPLETE
1 L. SUM $ $
Dollars
Cents
5 ATCT-4
REPLACE/UPGRADE WEATHER EQUIPMENT,
INCLUDING ATIS, ATIS/AWOS INTERFACE SWITCH,
& DASI, INSTALLED, COMPLETE
1 L. SUM $ $
Dollars
Cents
Cobb County International Airport
Air Traffic Control Tower Improvements
B-14.2
No. No. Item Description / (Write Unit Price in Words) Unit Unit Price AmountQuantity
Estimated
SCHEDULE OF BIDS
COBB COUNTY BID 24-6819
AIR TRAFFIC CONTROL TOWER IMPROVEMENTS
COBB COUNTY INTERNATIONAL AIRPORT
6 ATCT-5
INSTALL SAFETY SLIP RESISTENT COVERING ON
STAIRS INTO CAB FROM CAB ENTRY DOOR,
INSTALLED, COMPLETE
1 L. SUM $ $
Dollars
Cents
7 ATCT-6
REPLACE/UPGRADE NEW RAIN GAUGE, INSTALLED,
COMPLETE
1 L. SUM $ $
Dollars
Cents
$TOTAL - BASE BID =
Cobb County International Airport
Air Traffic Control Tower Improvements
B-14.3
23005651-00 Page B-15
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as
Principal, and as
Surety, are hereby held and firmly bound unto Cobb County Board of Commissioners (OWNER) in the penalty sum of ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.
Signed, this day of ,20 .
The condition of the above obligation is such that whereas the Principal has submitted to Cobb County Board of Commissioners certain bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for Air Traffic Control Tower Equipment Renovations.
NOW THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the Form of Agreement attached hereto (properly completed in accordance with said Bid) and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that obligations of said Surety and its Bonds shall be in no way impaired or affected by any extension of the time within which the Owner may accept such BID; and said Surety does hereby waive notice of any such extension.
(The remainder of this page is intentionally left blank)
23005651-00 Page B-16
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.
(L.S.)
Principal
Surety
By:
(SEAL)
(1) Date of Bond must be same date as Bid.
(2) Bond must be signed or countersigned by Surety's proper Georgia Resident Agent.
Date of Power-of-Attorney shall be same date as date of Bond.
(3) If a Partnership, all partners shall execute Bond.
23005651-00 Page B-17
BIDDERS DECLARATION
The bidder understands, agrees and warrants:
• That the bidder has carefully read and fully understands the full scope of the specifications.
• That the bidder has the capability to successfully undertake and complete the responsibilities and obligations in said specifications.
• That this bid may be withdrawn by requesting such withdrawal in writing at any time prior to 12:00
PM Noon on April 11, 2024, but may not be withdrawn after such date and time.
• That Cobb County reserves the right to waive compliance by any applicant with any provision contained in this request whenever the County in its sole discretion believes such waiver is in the County’s best interests.
• That by submission of this quote the bidder acknowledges that Cobb County has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the bidder.
• That the accompanying bid is not the result of or affected by, any act of collusion with another person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under Georgia or United States law.
BIDDER:
Company Name: _________________________________________
Phone: _________________________________________________
Name Print: _____________________________________________
Signature: ______________________________________________
Email: ________________________________________________
Date: __________________________________________________
23005651-00 Page B-18
CERTIFICATE OF NON-COLLUSION
By responding to this solicitation, the supplier understands and agrees to the following:
1. That the submitted response constitutes an offer, which when accepted in writing by Cobb County, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and Cobb County; and
2. That the suppler has read the specifications and requirements shown or referenced in the solicitation and that the supplier’s response is made in accordance with the provisions of such specifications and requirements except as expressly stated otherwise in the supplier’s response; and
3. That the supplier guarantees and certifies that all items included in the supplier’s response meet or exceed any and all such stated specifications and requirements of the solicitation except as expressly stated otherwise in the supplier’s response; and
4. That, if awarded a contract, the supplier will deliver goods and or services that meet or exceed the specifications and requirements of the solicitation except as expressly stated otherwise in the supplier’s response, and
5. That the response submitted by the supplier shall be valid and held open for a period of one hundred and twenty (120) days (or such other time period as identified in the solicitation) from the final solicitation closing date and that the response may be held open for an additional period of time subject to the supplier’s consent; and
6. That the supplier’s response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. The supplier understands and agrees that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards; and
7. That the provisions of the Official Code of Georgia Annotated, Sections 36-91 have not been violated and will not be violated in any respect.
23005651-00 Page B-19
CERTIFICATE OF NON-COLLUSION [cont’d.]
DO NOT MODIFY THE BID/PROPOSAL CERTIFICATION TERMS IN ANY WAY. THIS FORM MUST BE
COMPLETED, SIGNED AND SUBMITTED WITH YOUR RESPONSE.
Contractor’s Full Legal Name:
(PLEASE TYPE OR PRINT)
Authorized Signature:
Printed Name and Title of Person Signing:
Date:
Company Address:
FAX Number:
Email Address:
*This table must be completed in its entirety by the supplier.
23005651-00 Page B-20
CERTIFICATE OF NON-DISCRIMINATION
In connection with the performance of work under this contract, the bidder agrees as follows:
The bidder agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, ancestry or disability. The vendor shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, sex, national origin, ancestry, or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruiting, or recruitment, advertising, lay-off or termination, rates of pay or other compensation and selection for training, including apprenticeship.
In the event of the bidder’s non-compliance with this non-discrimination clause, the contract may be canceled or terminated by Cobb County, Georgia. The bidder may be declared, by Cobb County, ineligible for further contracts with Cobb County until satisfactory proof of intent to comply shall be made by the vendor.
The bidder agrees to include this non-discrimination clause in any sub-contracts connected with the performance of this agreement.
BIDDER
SIGNATURE
TITLE
23005651-00 Page B-21
COBB COUNTY GOVERNMENT
DRUG-FREE WORKPLACE CERTIFICATE
By signature on this certificate, the Vendor certifies that the provisions of O.C.G.A. Section 50-24-1 through 50-24-6 related to the “Drug-Free Workplace Act” have been complied with in full. The Vendor further certifies that:
1. A drug-free workplace will be provided for the Vendor’s employees during the performance of the contract; and
2. Each Vendor who hires a sub-Vendor to work in a drug-free workplace shall secure from that sub-Vendor the following written certification: “As part of the subcontracting agreement with (Vendor’s name), (sub-Vendor’s name) certifies to the Vendor that a drug-free workplace will be provided for the sub-Vendor’s employees during the performance of this contract pursuant to O.C.G.A. Section 50-24-3(b)(7).”
By signature on this certificate, the Vendor further certifies that it will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract.
Vendor: _______________________________________________________
By: ___________________________________________________________
Name Printed: __________________________________________________
Title: __________________________________________________________
Date: __________________________________________________________
23005651-00 Page B-22
CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Cobb County, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:
Federal Work Authorization User Identification Number Date of Authorization
Name of Contractor ____________________Address of Contractor________
Air Traffic Control Tower Equipment Renovations Name of Project
COBB COUNTY, GEORGIA
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ________, ____ in 202__ in _____________________(city), ________(state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF , 202 .
NOTARY PUBLIC
My Commission Expires:
(Notary Seal or Stamp Required)
23005651-00 Page B-23
COMPLETE FOR BID
DISADVANTAGE BUSINESS ENTERPRISE (DBE)
UTILIZATION STATEMENT
The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner.
(Please check the appropriate box)
❑ The bidder/offeror is committed to a minimum of 0.0% DBE utilization on this contract.
❑ The bidder/offeror, while unable to meet the DBE goal of 0.0% hereby commits to a minimum of %
DBE utilization on this contract and also submits documentation, as an attachment, demonstrating good faith efforts (GFE).
The undersigned hereby further assures that the information included herein is true and correct, and that the DBE firm(s) listed herein have agreed to perform a commercially useful function in the work items noted for each firm. The undersigned further understands that no changes to this statement may be made without prior approval.
Bidder’s/Offeror’s Firm Name
Signature Date .
DBE UTILIZATION SUMMARY
DBE Prime Contractor
DBE Subcontractor
DBE Supplier
DBE Manufacturer
Total Amount DBE
DBE Goal
Contract Amount
$ x 1.00 =
$__________x 1.00 =
$__________x 0.60 =
$__________x 1.00=
DBE Amount
Contract Percentage
23005651-00 Page B-24
DISADVANTAGE BUSINESS ENTERPRISE (DBE)
LETTER OF INTENT
Bidder/Offer
Name: .
Address:
City: State: Zip:
DBE Firm: DBE Firm: .
City: State: Zip
DBE Contact Person: Name:
Phone
DBE Certification Agency:
Expiration Date:
Each DBE Firm shall submit evidence (such as a photocopy) of their certification status.
Classification:
❑ Prime Contractor ❑ Manufacturer ❑ Subcontractor ❑ Supplier ❑ Joint Venture
Work Items to be performed by DBE
Description
Quantity
Total
The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated participation is as follows:
DBE contract amount: $
Percent of total contract %
AFFIRMATION
The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above.
By:
(Signature) (Title)
23005651-00 Page B-25
STATEMENT OF QUALIFICATIONS
SIMILAR PROJECTS COMPLETED
DATE VALUE
Name of Project, Address, Type of Improvement.
SIMILAR PROJECTS UNDER CONTRACT
DATE VALUE
Name of Project, Address, Type of Improvement.
PROPOSED EQUIPMENT TO BE USED ON PROJECT
FINANCIAL STATEMENT: Attached is a copy of my latest financial statement listing assets and liabilities.
Bidder
By
Address
23005651-00 Page B-26
BUY AMERICA CERTIFICATION FORM FOR MANUFACTURED PRODUCTS
(Non-building projects such as airfield/roadway construction, equipment acquisition, etc.)
(Title 49 U.S.C. Section 50101)
As a matter of bid responsiveness, the Bidder or Offeror must complete, sign, date, and submit this certification statement with their proposal. The Bidder or Offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark ( ) or the letter “X”.
The Bidder or Offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States, or;
b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition
Regulation Subpart 25.108.
By selecting this certification statement, the Bidder or Offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic product.
3. To furnish US domestic product for any waiver request that the FAA rejects.
4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.
The Bidder or Offeror hereby certifies it cannot comply with the 100% Buy American Preferences of
49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b).
By selecting this certification statement, the apparent Bidder or Offeror with the apparent low bid agrees:
1. To submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested.
2. That failure to submit the required documentation within the specified timeframe is cause for a non- responsive determination may result in rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA.
4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.
Required Documentation
23005651-00 Page B-27
Type 3 Waiver - The cost of the item components and subcomponents…
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