Cobb County Bid 24_6819_Project Manual _ Cont.pdf

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

FOR

AIR TRAFFIC CONTROL TOWER EQUIPMENT RENOVATIONS

COBB COUNTY INTERNATIONAL AIRPORT

KENNESAW, GEORGIA

BID # 24 - 6819

February 2024

Prepared By:

CRAWFORD, MURPHY & TILLY, INC.

Engineers and Consultants

Atlanta, GA

KENNESAW, GA

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VOLUME 1 – CONTRACT DOCUMENTS

TABLE OF CONTENTS

DIVISION 1 NOTICE TO BIDDERS / INVITATION FOR BID ............................................. A-1 TO A-2

DIVISION 2 BIDDING DOCUMENTS

INSTRUCTION TO BIDDERS ................................................................................................. B-1 CONTRACT PROPOSAL ..................................................................................................... B-13 SCHEDULE OF PRICES ................................................................................... B-14.1 TO B-14.3 BID BOND ......................................................................................................................... B-15 BIDDERS DECLARATION .................................................................................................... B-17 CERTIFICATE OF NON-COLLUSION .................................................................................. B-18 CERTIFICATE OF NON-DISCRIMINATION ........................................................................... B-20 DRUG FREE WORKPLACE .................................................................................................. B-21 E-VERIFY CONTRACT AFFIDAVIT ........................................................................................ B-22 DBE UTILIZATION .............................................................................................................. B-23 DBE LETTER OF INTENT ..................................................................................................... B-24 STATEMENT OF QUALIFICATIONS ..................................................................................... B-25 BUY AMERICA CERTIFICATION ........................................................................................... B-26 PROPOSED SUBCONTRACTORS INFORMATION ............................................................... B-28 CERTIFICATION REGARDING DEBARMENT......................................................................... B-30 PROHIBITION OF SEGREGATED FACILITIES ........................................................................ B-31 TAX DELINQUENCY & FELONY CONVICTIONS .................................................................. B-32 CERTIFICATION REGARDING TRADE RESTRICTIONS........................................................... B-33 CERTIFICATION REGARDING FOREIGN PARTICIPATION .................................................... B-35 EQUAL OPPORTUNITY REPORT STATEMENT ...................................................................... B-37 CERTIFICATION OF ELIGIBILITY- DAVIS BACON ACT .......................................................... B-38 CERTIFICATION REGARDING LOBBYING ........................................................................... B-39 CONFLICT OF INTEREST STATEMENT ................................................................................ B-40 CERTIFICATE OF COMPLIANCE STATE OF GA SEXUAL HARASSMENT PREVENTION ............. B-41 TEXTING WHEN DRIVING .................................................................................................. B-43 COMPLIANCE WITH GA SECURITY & IMMIGRATION COMPLIANCE ACT ............................. B-44 OFFICER’S OATH ............................................................................................................. B-50 PRELIMINARY CONTRACTOR PROJECT SCHEDULE ............................................................. B-51 SEALED BID LABEL .............................................................................................................. B-52

DIVISION 3 CONTRACT FORMS

CONTRACT AGREEMENT ..................................................................................... C-1 TO C-19 CERTIFICATE OF OWNER’S ATTORNEY ............................................................................. C-20 PERFORMANCE BOND ....................................................................................... C-21 TO C-22 LABOR AND MATERIAL PAYMENT BOND ............................................................. C-23 TO C-25 CONTRACTOR AFFIDAVIT AND AGREEMENT .................................................................... C-26 SUBCONTRACTOR AFFIDAVIT AND AGREEMENT .............................................................. C-27 IMMIGRATION AND COMPLIANCE CERTIFICATION .......................................................... C-28

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DIVISION 4 CONTRACT PROVISIONS

PART A – FEDERAL CONTRACT PROVISIONS .................................................. FCP-1 TO FCP-22 PART B – GENERAL CONTRACT PROVISIONS ....................................................GP-1 TO GP-52 PART C – SUPPLEMENTARY CONDITIONS ......................................................... SC-1 TO SC-20 PART D – WAGE RATES ...................................................................................... WR-1 TO WR-8

DIVISION 5 GENERAL REQUIREMENTS

01010 – SUMMARY OF WORK ................................................................. 01010-1 TO 01010-2 01030 – AIRPORT PROJECT PROCEDURES ............................................... 01030-1 TO 01030-6 01040 – PROJECT COORDINATION ........................................................ 01040-1 TO 01040-4 01060 – CONTROL OF EROSION, SILTATION AND POLLUTION .............. 01060-1 TO 01060-4 01070 – ABBREVIATIONS AND SYMBOLS ................................................. 01070-1 TO 01070-8 01090 – REGULATIONS AND DEFINITIONS ............................................. 01090-1 TO 01090-2 01150 – MEASUREMENT AND PAYMENT .................................................. 01150-1 TO 01150-4 01300 – SUBMITTALS .............................................................................. 01300-1 TO 01300-8 01400 – QUALITY CONTROL SERVICES ................................................... 01400-1 TO 01400-2 01510 – TEMPORARY FACILITIES .............................................................. 01510-1 TO 01510-4 01530 – AIRFIELD BARRICADES ................................................................ 01530-1 TO 01530-2 01600 – MATERIAL AND EQUIPMENT ...................................................... 01600-1 TO 01600-4 01700 – CONTRACT CLOSEOUT ............................................................. 01700-1 TO 01700-2 01710 – CLEANING AND DISPOSAL ........................................................ 01710-1 TO 01710-2 01720 – PROJECT RECORD DOCUMENTS ............................................... 01720-1 TO 01720-2 01740 – WARRANTIES AND BONDS ......................................................... 01740-1 TO 01740-2

DIVISION 6 PROJECT PLANS

1 COVER SHEET / INDEX TO SHEETS

2 GENERAL NOTES

3 PROJECT LAYOUT PLAN

4 PROJECT SAFETY & PHASING PLAN

5 PROJECT SAFETY & PHASING DETAILS

6 PROJECT SITE PLAN

7 FLOOR PLANS LEVEL 6 AND 7

8 -10 SECONDARY WEATHER TOWER DETAILS

DIVISION 7 TECHINCAL SPECIIFCATIONS

TABLE OF CONTENTS

PART 1 - GENERAL ............................................................................................................... 2-8 PART 2 - PRODUCTS .......................................................................................................... 9-14 PART 3 - EXECUTION ....................................................................................................... 15-16 APPENDIX A – ATCT DRAWINGS ...................................................................................... 17-32 APPENDIX B – EXISTING TOWER PHOTOGRAPHS ............................................................ 33-38 APPENDIX C – FAA MINIMUM EQUIPMENT LIST................................................................ 39-43

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ADVERTISEMENT FOR BIDS – BID 24 - 6819

COBB COUNTY, GEORGIA

FOR COBB COUNTY BOARD OF COMMISSIONERS

Cobb County will receive Sealed Bids in the Cobb County Procurement Services Department, 122 Waddell Street, NE, Marietta, GA, 30060, until 12:00 noon, Thursday, April 11, 2024. NO BIDS WILL BE ACCEPTED AFTER THE 12:00 NOON DEADLINE. No submitted bid may be withdrawn after the scheduled bid opening for a period of one-hundred twenty (120) days.

All bids shall be accompanied by a Bid Bond, or a Certified Check. Bid Bond shall be drawn in favor of the Board of Commissioners, Cobb County, Georgia, in the amount of five percent (5%) of the bid for the complete work.

Bids will be opened at 2:00 p.m. on Thursday, April 11, 2024, at the Cobb County Procurement Services Department, 122 Waddell Street, NE, Marietta, GA 30060.

A Pre-Bid Conference for all bidders will be held virtually at 10:00 a.m. on Monday, March 25th, 2024. See Instructions to Bidders for log-in/call-in information. Any questions must be received by Cobb County Procurement Services Department no later than 12:00 p.m. noon on Wednesday, April 3rd, 2024. All questions should be sent via email to procurementservices@cobbcounty.org

Bid Documents, addenda, and plan holder lists may only be obtained online at BidNet which can be accessed through the following websites:

Cobb County Procurement Services Department www.cobbcounty.org/procurement-services.

Bid Net https://www.bidnetdirect.com/georgia/cobbcounty

Receipt of addenda must be acknowledged using the form provided in the bid package. It is the bidder's ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal and to utilize the latest bid schedule.

The work to be performed consists of the furnishing of all materials, labor, equipment, and other things necessary for the complete construction of:

Project Number: 24 - 6819 Project Name: Air Traffic Control Tower Equipment Renovations

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.

Time allowed for the performance of this project is Ninety (90) Consecutive Calendar Days.

Liquidated damages of $1,500.00 per consecutive calendar day shall be assessed for failure to complete the project within the specified time frame.

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 https://www.bidnetdirect.com/georgia/cobbcounty

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Payment will be made monthly based on approved invoices.

The Cobb County, Georgia, Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d—42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, disability, or age in consideration for an award.

The Contractor and their subcontractors are required to be in compliance with the "Georgia Security and Immigration Compliance Act." The Contractor must execute and submit at the time of the bid the "Contractor Affidavit and Agreement," or bid will be determined non-responsive and will be disqualified.

Failure to comply with any of the requirements and procedures of the County (i.e., failure to timely supply required affidavits or compliance certification documents; failure to utilize federal work authorization procedures; failure to permit or facilitate audits or reviews of records by County officials upon request; and/or failure to continue to meet any of the statutory or County obligations during the life of the contract) shall constitute a material breach of the agreement and shall entitle the County to dismiss any general contractor or to require the dismissal of any subcontractor or sub/subcontractor (irrespective of tier) for failing to fully comply with these requirements, and that upon notice of a material breach of these provisions, the Contractor (or subcontractor, regardless of tier) shall be entitled to cure the breach within ten (10) days and provide evidence of such cure. Should the breach not be cured, the County shall be entitled to all available remedies, including termination of the contract, the requirement that a subcontractor be dismissed from performing work under the contract, and any and all damages permissible by law.

Disadvantaged Business Enterprise (DBE) Participation and Small Business Participation (SBP) in all DOT contracts is encouraged. Contractors must submit a DBE participation report to the County prior to beginning work on a project and a final DBE report must be submitted at the end of a project. Monthly DBE reports must be submitted with each monthly invoice. If DBE participation changes during the course of a project, an updated participation report must be submitted to the County at the time of such change. No Small Business reports are currently required; however, this is subject to change at the County’s discretion.

For all bids for contracts involving utility work as defined in O.C.G.A. 43-14-1 et.seq., the Contractor and/or subcontractor(s) that will perform utility work must have a valid state of Georgia Utility Contractor License and comply with all applicable provisions of Chapter 14 of title 43 of O.C.G.A.

The Cobb County Board of Commissioners reserves the right to reject all bids and to waive formalities. Any claims for cost incurred by any Bidder in preparation of any part of or total package for this project will not be considered for reimbursement by Cobb County.

Advertised in the Marietta Daily Journal:

March 15, 22, & 29, & April 5, 2024

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DIVISION 2 – BIDDING DOCUMENTS

(This Page Intentionally Left Blank.)

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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.

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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.

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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.

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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.

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

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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.

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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.

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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.

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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

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,…