Active SLED Opportunity · GEORGIA · COBB COUNTY, GA
AI Summary
Cobb County seeks bids for roof replacement at its Police Training Facility in Austell, GA. The project includes pre-construction planning, construction management, and warranty services. Licensed contractors must comply with all codes and insurance requirements. Bids due by July 9, 2026, via the county's e-procurement portal.
The County intends to enter into an agreement for the replacement of the roof at the Cobb County Police Training Facility located at 2435 East West Connector, Austell, GA 30106. Contractor must have, and provide proof of, all necessary, valid, and current licenses to do business in the State of Georgia and Cobb County as issued by the respective State Boards and Government Agencies responsible for regulating and licensing the services to be provided and performed.
All work must meet all Federal, State and Local codes and ordinances and the Contractor must comply with all E-Verify requirements and insurance requirements contained herein. Contractor shall be responsible for all labor, management, additional materials, tools, and equipment sufficient to provide a new roof as required. Owner- approved shop drawings will be required.
The entire bid documents, including all terms, conditions, requirements, specifications, drawings, sample documents and any addenda thereto shall be deemed to compose the Project Manual. References to the Project Manual, Contract or Contract Documents, Bid or Bid Documents, etc. shall be construed to be mutually inclusive.
Contractor shall comply with all local, County, State, and Federal Codes and regulations, including all Building Codes, Life Safety Codes, and the Americans with Disabilities Act. Contractor shall be required to deliver the services required by this ITB. The County shall pre-approve any change in or substitution of project team members, including any consultant, in writing.
Contractor acknowledges that this is an occupied public facility, and as such, certain precautions will be required of the Contractor in regard to noise and dust control.
The Contractor acknowledges that the facility is operational twenty-four hours per day, seven days per week, and as such, the operation must not be affected by the work of the Contractor.
The Contractor acknowledges that certain activities occurring during normal business hours must not be disturbed by noise or other effects of the construction work and in certain instances, the Contractor will be required to engage in such work during off-regular work hour times to eliminate any disturbance, all at no additional cost to the Owner.
Invitations to Bid (ITB) issued by Cobb County are publicly advertised on the Cobb County website, (www.cobbcounty.org/procurement-services), in the Marietta Daily Journal every Friday, and, if applicable, such notice shall be posted in the David Hankerson Building and advertised on the Georgia Procurement Registry as provided for in O.C.G.A. § 50-5-69.
A bidder is responsible for reviewing and understanding the requirements and specifics of this solicitation. A bidder shall examine the instructions, drawings, specifications, schedule, scope of work or services, and deadlines associated with the solicitation. Failure to do so will be at the bidder’s risk, as the bidder may be held accountable for the bidder’s submitted response.
Bidders shall furnish all information required by the bidding document or form, sign the bid, and submit it through the County’s e-procurement portal (https://procurement.opengov.com/portal/cobbcoga).
By responding to this solicitation, a bidder understands that the selection and award by County does not constitute a written contract. Once a contract, purchase order, or other purchase instrument is executed by the proper authorities for each party, County, on its part, may order, accept, and pay for at the agreed prices, all articles specified in this solicitation.
From the issue date of this solicitation until the final award(s) are announced, bidders shall not communicate with County about the solicitation except as described below:
All questions must be submitted in writing. Any question or explanation about this solicitation, or any drawing, specification, requirement, etc., must be received by the date and time specified. Questions must be submitted through the County’s e-procurement portal (https://procurement.opengov.com/portal/cobbcoga).
Any information concerning a solicitation, including answers to bidder questions, will be posted as an addendum through the County’s e-procurement portal. Written bid documents, including addenda, supersede any verbal or written communication about the solicitation. County is not bound by oral representations, clarifications, or changes made by County employees, unless such clarification or change is provided in a written addendum from County and posted via the e-procurement portal. Receipt of addenda shall be acknowledged by the bidder via the e-procurement portal.
It is a bidder’s ultimate responsibility prior to the close of the solicitation to, as applicable, 1) ensure that the bidder has all applicable addenda and 2) make any necessary or appropriate changes to a bid.
County reserves the right to reject a bid, proposal, or quote if a bidder violates this provision. The Procurement Services Director will review violations of this provision and, if determined that such communication has compromised the competitive process, the bidder’s response to this solicitation may be disqualified from consideration for award.
Before submitting a bid, each bidder shall carefully read and examine the Project Manual, including all related documents, requirements, design specifications and drawings, and all sample contract documents. Each bidder shall attend the mandatory site visit and fully inform himself as to the conditions existing and limitations under which the Work is to be performed and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Project Manual. No allowances will be made to a bidder because of lack of such examination or knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.
The cost for developing each bid, proposal, or quote and participating in the solicitation is the sole responsibility of the bidder. County assumes no expense, responsibility, or obligation of bidder.
Delivery of Bids
Bids shall be submitted through the e-procurement portal on the Cobb County Procurement Services’ website, https://procurement.opengov.com/portal/cobbcoga. Physical, emailed or telegraphic/faxed bids will not be considered. Unsigned bids will not be considered.
Bids, including any revisions, must be received by the Procurement Services Department no later than the date and time set forth in the solicitation. It is the sole responsibility of the bidder to ensure that the bidder’s solicitation response is submitted to the County.
Specifications in Solicitation
Full identification of each item bid upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the bidder is offering. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness.
Prices Quoted
The price and all unit price(s) shown in bid, proposal, or quote shall be deemed to include all costs of bidder’s goods and/or performance of services as set forth in the bid documents, including, but not limited to, the costs of labor, supervision, travel, services, materials, equipment, tools, scaffolds, hoisting, transportation, storage, insurance, and taxes. A bidder’s response shall bind the bidder to furnish and deliver the goods and/or services quoted at the price(s) stated in accordance with the bid documents.
Price(s) quoted by a bidder shall be the bidder’s firm and best price(s) and must be valid for a minimum of ninety (90) days from the date of bid opening unless otherwise specified in the solicitation.
Unit price(s) for each bid, proposal, or quote shall be shown and such price(s) shall include shipping/delivery unless otherwise specified, along with a total and grand total, where applicable. In case of discrepancy between a unit price and extended price, the unit price will be presumed correct.
Discounts
Time payment discounts may be considered in arriving at net prices and in award of bids. Offers of discount for payment within ten (10) days following the end of the month are preferred.
County Furnished Services or Property
No material, labor, services, or facilities will be furnished by County unless so provided in the bid documents or solicitation.
Substitutions
Bidders offering and quoting substitutions or that deviate from the bid specification(s) shall list such deviation(s) on a separate sheet to be submitted with the solicitation response. The absence of such a substitution or deviation list shall indicate that the bidder has taken no exception to the specification(s) of the solicitation.
No Bid
If no item or service is bid on, a “Statement of No Bid” must be provided to County. The statement of no bid must be plainly marked “No Bid” and include the bid number. Where more than one item or service is listed, any items not bid upon must be indicated “No Bid”.
Contents of Bid After Submission
Each bidder is required to keep the contents of its response confidential once submitted to County until the award to the successful bidder is made or the solicitation is cancelled with no intent to rebid. Releasing any information regarding a bidder’s response to third parties or the media prior to the conclusion of the award process will be immediate grounds for County to reject the bid as non-responsive.
Cobb County reserves the right to revise processes as needed during emergencies or extenuating circumstances. Processes may include, but are not limited to, pre-bid conferences, and bid submittal.
All contractors wishing to submit bids for this work must submit a Qualification Statement to the Cobb County Procurement Services Department with their bid proposal. This form is provided as part of the Bid Form. A bidder may be required to furnish additional evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of the Contract in a satisfactory manner. The roof systems must be applied only by those contractors who have received approval from the Material Manufacturer for such installations. No guarantees will be issued when installation has been performed by a non-approved contractor.
The Contractor shall comply with all applicable federal, state, and local tax laws and shall accept sole and exclusive responsibility for any and all federal, state, and local taxes, including but not limited to Social Security taxes, old age benefits, unemployment taxes, withholding taxes, and all Sales and Use Tax associated with the materials provided under this Agreement.
By submitting a response, a bidder hereby agrees to indemnify, defend and hold harmless County, its elected officials, departments, employees, and contractors from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys’ fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage, including but not limited to intellectual property claims, arising directly or indirectly from the submission of the bid hereunder to the extent such claims are caused by the negligence, recklessness or intentionally wrongful conduct of the bidder or its agents, employees, associates, subcontractors or others working at the direction of bidder. This indemnity obligation does not include liabilities caused by or resulting from the sole negligence of County. This indemnification obligation survives beyond the submission date of the bid and the dissolution or, to the extent allowed by law, the bankruptcy of the bidder.
Bid must be accompanied by a bid bond in an amount equal to no less than five percent (5%) of the Total Cost for the Work. Failure to submit appropriate bonding will result in automatic rejection of bid. The successful bidder's security will be retained until signed Contract and required certificates of insurance and bonds have been received by the Owner. A cashier’s check or certified check are acceptable. No other form of bid security will be accepted.
A 100% performance bond and a 100% payment bond must be secured and submitted prior to signing the Contract. Bonds shall be submitted on bond forms provided by the Owner. Samples are included in this bid package.
Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirements of the solicitation. The bonds shall be increased as the contract amount is increased.
A. The contract document consists of the AGREEMENT, the GENERAL CONDITIONS of the contract, the DRAWINGS and the SPECIFICATIONS, including all revisions hereto.
B. The Owner, the Contractor and the Owner's Representative shall be indicated as such throughout these documents. The term Contractor as used herein shall designate the successful bidder to whom the roof contract is awarded.
C. The term Owner shall be understood to be Cobb County Facilities Management, 1150 Powder Springs Street SW Marietta, GA 30064.
The Owner's Representative shall have general Rights of Inspection of the work and is the agent of the Owner in all matters pertaining to the work as provided in the Contract Documents. The Owner's Representative has the authority to stop work whenever such stoppage may be necessary to ensure the proper execution of the contract and shall have authority to reject any and all materials, whether worked or unworked, if such materials are not in accordance with the plans and specifications.
Bids will be publicly opened and read at the time and place set forth in the solicitation. Unsigned bids will not be considered except where the bid is enclosed with other documents, which have been signed. County has the sole discretion to make said determination.
A bidder shall give notice in writing of the bidder’s intent to withdraw a bid without penalty due to an error within two (2) business days after the conclusion of the bid opening. Bid withdrawal is not automatically granted and will be allowed solely at the discretion of County.
Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to bidder’s mistake, provided that the bid was submitted in good faith and: 1) the mistake was a clerical; and 2) it can be clearly shown by objective evidence. The bidder’s original work papers shall be the sole acceptable evidence of mistake. If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be the low bid.
No bidder allowed to withdraw a bid shall, for compensation, supply any material or labor, perform any subcontract or other work agreement for the person, company, or firm to whom the solicitation is awarded or may otherwise benefit, directly or indirectly, from purchase of goods or performance of services for which the withdrawn bid was submitted.
The bidders shall attend the mandatory pre-bid meeting before submitting their bids and determine the field conditions affecting their work. In considering the bids, the Owner will assume that the bidders are aware of all items, pertinent to their work and have made allowance for same in their bids.
County reserves the right to amend this solicitation at any time. Any revisions will be made in writing prior to the closing date and time of the solicitation and posted on e-procurement portal (https://procurement.opengov.com/portal/cobbcoga). County also reserves the right to cancel a solicitation based on defects or changes in the solicitation or specifications, unreasonable bid pricing, lack of funding, when only one bid is received and County cannot determine if the reasonableness of the bid, or when it is otherwise in County’s best interest. Notification will also be provided on the e-procurement portal.
Contractor shall be responsible for all material deliveries, placement and clean up.
Dimensions and elevations indicated on the drawings in reference to existing structures or utilities are the best available data obtainable but are not guaranteed by the Owner's Representative and the Owner's Representative will not be responsible for their accuracy. Before bidding on any work dependent upon the data involved, the Contractor shall field check and verify all dimensions, grades, lines, levels or other conditions of limitations at the site to avoid construction errors. If any work is performed by the Contractor or any of his/her sub-contractors prior to adequate verification or applicable data, any resultant extra cost for adjustment of work as required to conform to existing limitations, shall be assumed by the Contractor without reimbursement or compensation by the Owner.
Each bidder shall include the time of proposed delivery of goods or services. Words such as “immediate”, “as soon as possible”, etc. shall not be used. The earliest known date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday, and holidays in the number).
The Contractor shall erect such barriers, tarpaulins, doors, etc., as may be necessary to protect the Owner's operations while work is in progress. Any such openings that are essential to carrying on the work shall be securely closed by the Contractor when not in use to protect the Owner's operations.
All references to vendors and "approved manufacturers" are included for description of quality and content of the designated equipment/materials as basis of design. Alternate items may be accepted if they meet all standards of quality and purpose for the intended use, as determined by the Owner unless specifically noted otherwise.
Substitution or equal product requests will not be considered during the bidding period. However, it is the intention to allow alternate products to be bid and incorporated into the project provided they meet all standards of quality and purpose of the intended use. Substitutions will be considered after award during the submittals process.
Unless otherwise stated by County, items shall be shipped “Freight on Board (F.O.B.) Destination”. Bidder shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, bidder assumes transportation and related charges either by payment or allowance.
A. The Contractor shall erect such barriers, tarpaulins, doors, etc., as may be necessary to protect the Owner's operations while work is in progress. Any such openings that are essential to carrying on the work shall be securely closed by the Contractor when not in use to protect the Owner's operations.
B. The Contractor shall maintain adequate protection of all his/her work from damage and shall protect the Owner's and adjacent property from injury or loss arising from this contract. He/she shall provide and maintain at all times any danger signs, guards and/or obstructions necessary to protect the public and his/her workmen from any dangers inherent with or created by the work in progress. He/she shall hold the Owner harmless from any loss arising due to injury or accident to the public or his/her workmen, or from theft of materials stored at the job site. All materials will be stored in locations other than on roof surfaces except as necessary and shall then be placed on plywood or other type of material to protect the roof surface at all times.
C. Before starting any work, the Contractor shall protect all grounds, copings, paving and exterior of all buildings where work will be performed.
D. In those areas where materials will be raised to or lowered from the roof area, a protective covering shall be placed from the base of the wall extending up and over the top edge of the roof. This coverage shall be wide enough to assure that the exterior walls do not become stained or soiled during roofing operations.
E. Any areas of the building or grounds which have become stained or damaged in any way shall be repaired or replaced by the Contractor prior to the final inspections. The method of repair used must be acceptable to both the Owner and the Owner's Representative.
It is understood that the Contractor’s proposed construction schedule is based on a normal 40 hour, 5-day workweek, less recognized holidays. If the Contractor desires to work in excess of this limit, the Contractor shall submit a written request to the County a minimum of five (5) days prior to the desired work date. The Contractor shall be responsible for any additional expenses incurred by the County as a result of the extended work hours, including resident inspection or materials testing overtime. The cost associated with resident inspector overtime will be deducted from the Contractor’s monthly payment request.
By County ordinance, the erection or repair of buildings (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric saws, drills or other equipment attended by loud or unusual noise are prohibited, other than between the hours of 7:00 AM and 9:00 PM, Monday through Saturday.
A. The Contractor shall keep the premises free from rubbish at all times and shall arrange his/her material storage so as not to interfere with the Owner's operations. At the completion of the job, all the unused material and rubbish shall be removed from the site. The ground shall be raked clean and the building shall be broom cleaned. If the Contractor refuses at any time to remove his/her debris from the premises, or to keep the working area clean, such cleaning will be completed by the Owner and deducted from the balance due the Contractor.
B. The Contractor shall also clean each day to ensure the site remains in clean working order for the occupants of the building. Failure to do so will result in the work being done by others and the cost shall be deducted from the balance due the Contractor.
C. Materials must be delivered with manufacturer's label in tact and legible. Labels must be affixed to the outside of the package stating the type of product, name and address of the manufacturer. All materials shall be stored and protected against weather, vandalism, and theft. Any materials found to be damaged or missing shall be replaced by the Contractor at no cost to the Owner.
Cobb County is exempt from federal excise tax and Georgia sales tax with regards to goods and services purchased directly by Cobb County. Suppliers and contractors are responsible for federal excise tax and sales tax, including any taxes for materials incorporated in County construction projects. Bidders should contact the State of Georgia Sales Tax Division for additional information. Tax Exemption Certificates may be furnished upon request.
There shall be at least one designated employee in a position of responsibility representing the Contractor on site at all times. Responsibilities of the designated employee include, but are not limited to planning, supervising, coordinating and inspecting all work by the labor force; acting as the primary liaison with the Owner; discussing the work with the Owner and regulating authorities; and translating from English to the language used by the workforce. Refer to Article 3 of Chapters 2 and 3 of the Contract for Construction for additional information.
A. Where the drawings or specifications require the inspection and approval of any work in progress by the Owner's Representative, the Contractor shall give that Representative ample notice to allow for scheduling the inspection, which shall be made promptly to avoid delay of work. If work has progressed without the required inspections or approval by the Representative, it shall be uncovered for inspection at the Contractor's expense.
B. Uncovering of work not originally inspected, or uncovering questioned work may be ordered by the Owner's Representative and it shall be done by the Contractor. If examination proves such work to be incorrectly done or not done in accordance with the plans and specifications, the Contractor shall bear all cost of the reexamination. If the work is proven correctly installed, all such expense shall be born by the Owner.
Based upon the County’s experience and desire for full compliance, no work may be commenced by any subsequent subcontractor prior to notice being received by the County that all subcontractors (regardless of tier) are in compliance with the Georgia Security and Immigration Compliance Act and the attached Procedures & Requirements (refer to the COBB COUNTY GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS), including the preparation and submission of the Contractor (or Subcontractor regardless of tier) Affidavit & Agreement AND the Immigration Compliance Certificate PRIOR to the commencement of any work.
Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of the contract or subcontract, provide Cobb County with notice of the identity of any and all subsequent subcontractors hired or contracted by that contractor or subcontractor within five (5) business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit including the subcontractor’s name, address, user ID number, and date of authorization to use the federal work authorization program. O.C.G.A. § 13-10-91 (b) (3).
Refer to COBB COUNTY GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS within these Bidding Documents for additional information and complete instructions including required Affidavits.
Except as otherwise provided by law, information submitted to County is subject to disclosure in accordance with the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq. It is a bidder’s responsibility to identify confidential or proprietary information. Marking an entire bid as “proprietary” or “confidential” will neither be accepted nor honored. In general, County does not consider pricing information to be proprietary, confidential, or a trade secret. If a bidder claims that certain information in its response should not be disclosed because it is entitled to trade secret protection, the bidder shall include with its submission the appropriate affidavit as required by law and County will follow the requirements of O.C.G.A. § 50-18-72(a)(34). In addition, if a bidder claims information is exempt from disclosure under Georgia’s Open Records Act, a bidder must specify which exception(s) is/are applicable.
The General Contractor is responsible for becoming familiar with the requirements of all construction documents, which includes drawings, bid and contract documents, specifications and all addenda.
Letter prefixes for each drawing sheet indicating the engineering discipline are for convenience only. Information affecting the scope of work for all trades will be found throughout all documents and is not limited to only those documents with the appropriate letter prefix. The General Contractor is responsible for providing subcontractors all necessary information and drawings.
The drawings and specifications are complementary to each other and what is called for by one shall be as binding as if called for by both. If a discrepancy exists between the drawings and specifications, the discrepancy with the higher cost shall govern. The Owner shall be notified of the discrepancy.
A. Noncompliance with the terms of this specification and ensuing contract can result in either the cancellation of the contract, or complete replacement of the defective areas at the Contractor's expense. In the event of cancellation, the Owner will not be obligated to compensate the Contractor for any work undertaken in a defective manner.
B. Damages caused by water infiltration resulting from the failure of the Contractor to secure each day's work in a weather tight manner, will be corrected at the Contractor's expense. Included as damages will be all labor costs incurred by the Owner as a result of such water infiltration.
C. The Owner will require the Owner's Representative to examine the work in progress, as well as upon completion, in order to ascertain the extent to which the materials and procedures conform to the requirements of these specifications and to the published instructions of the Manufacturer.
D. The authorized Owner's Representative shall be responsible for:
E. The presence and activities of the Owner's Representative shall in no way relieve the Contractor of his/her contractual responsibilities.
Bidder acknowledges that some information which may come into its possession or knowledge may consist of confidential information of County, its elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers the disclosure of which to, or use by, third parties may violate applicable law(s).
Bidder agrees to hold County’s confidential information in strictest confidence, not to make use of it other than as reasonably necessary to respond to this solicitation and not to release or disclose it to any other person or entity except as may be required by law. Bidder shall inform and instruct all employees, subcontractors, or other agents or representatives of this obligation of confidentiality. For the purposes hereof, “confidential information” includes, without limitation, all personally identifiable data, trade secrets, copyrighted material, and other confidential and proprietary information not subject to disclosure or use, as such terms may be respectively defined in O.C.G.A. § 10-1-761, O.C.G.A. § 50-18-72, 45 C.F.R. §164.524, 45 C.F.R. § 84.14(d). This provision survives expiration or cancellation of this solicitation.
Notwithstanding any other provision in this solicitation or its incorporated or referenced documents, all of County’s data shall remain, and be stored, processed, accessed, viewed, transmitted, and received, always and exclusively within the United States.
A. Electrical power will be furnished by the Owner for small tools only. All connections to the electrical system will be furnished by the Contractor.
B. Water for concrete, mortar, and washing purposes will be furnished by the Owner. Any connections to the water system shall be completed by the Contractor.
C. At the completion of the work, or when the above connections are no longer required, the Contractor shall remove all connections and leave the facilities in a condition at least as satisfactory as prior to the commencement of his/her work.
D. Toilet facilities will be provided by the Contractor. The Contractor will be responsible for supplying a portable toilet(s) on the job-site. The Contractor's personnel are not permitted to enter the building without proper authorization from the Owner or Owner's Representative.
Contractor shall coordinate his work with the provider of any and all utilities located on the site that has the potential to have an impact on the work.
Contractor shall be responsible for all electrical work within the building including disconnect on the exterior of the building.
Samples of items, when required, must be submitted within the time specified and, unless otherwise specified at no expense to County. Samples will be returned at the bidder’s request and expense if items are not destroyed by testing, unless otherwise specified. Since tests may require several days for completion, County reserves the right to use a portion of any supplies before the results of tests are determined. Cost of inspections and tests of any item, which fails to meet specifications, shall be borne by the bidder.
All references to guarantee, warranty or payments that are commencing upon “Final Approval”, “Final Certificate for Payment”, or “Substantial Completion” or other similar wording shall commence upon acceptance of the Work by the County.
A. Contractor shall remove the drop ceiling grid in the office area of the building before any roof work begins and properly dispose of the ceiling grid. B. All lights shall be secured in place by using tie-wire to support the lights from the underside of the structural framing. C. Once the roof system has been completed, the contractor will be responsible for installing a new USG, RADAR 2110 drop ceiling grid and tiles. The color shall be white.
Bidder represents and warrants that all the concepts, materials, goods, and services produced or provided to County shall be: 1) wholly original with the bidder; or 2) that the bidder has secured all applicable interests, rights, licenses, permits, or other intellectual property rights in such concepts, materials, and works. Bidder represents and warrants that the concepts, materials, goods, and services provided by vendor to County and County’s use of same shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation and that the concepts, materials, and works will not infringe upon the copyright, trademark, trade name, trade dress patent, literary, dramatic, statutory, common law, or any other rights of any person, firm, corporation, or other entity.
Award will be made to the lowest responsive and responsible bidder. Conditional bids are not accepted. The quality of articles or performance of services to be supplied, their conformity with the specifications, their suitability to the requirements of County, and the delivery terms will be taken into consideration in making the award. County may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to County all such information and data for this purpose as County may request.
County reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders, or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest. In case of tie bid, the award will be made as follows:
County reserves the right to award by line item to more than one vendor or negotiate a lower price than the bid award price on any line item with the successful vendor, should the quantity required significantly exceed those on the bid documents, and to purchase related items/services from the awarded bidder(s) when necessary, provided the pricing granted is in accordance with the cost structure awarded for similar items/services.
If County is unable to negotiate an acceptable price, it reserves the right to rebid the item or services(s). If after the award of the bid there is a decrease in the price of a product from the manufacturer, or a rebate, the successful bidder shall pass that price decrease and/or rebate onto County.
Unless specifically stated herein, a bidder does not have the exclusive right to fill all of County’s requirements for the goods or services awarded, nor will County be obligated to purchase the estimated annual quantity, or any quantity contained in the bid documents.
The insurance limits provided in the Sample Contract for Construction contained within the bid documents shall govern over those limits shown in the COBB COUNTY GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS.
A. All surfaces to be covered shall be clean, dry, and free from dirt, debris, and foreign material before any of this work is installed. The Contractor shall be responsible for guarding against fires, and shall provide suitable fire extinguishers conveniently located at the site. Competent operators shall be in attendance at all times equipment is in use. Materials shall be stored neatly in areas designated by the Owner and dispersed so as to present a minimum fire hazard. Loads placed on the roof at any point shall not exceed the safe load for which the roof is designed.
B. There is NO SMOKING allowed inside any buildings or on any roof section and the Contractor shall be responsible for enforcement of this job rule at all times with his/her personnel.
C. The Contractor should be aware of Owner's property when tearing off the existing roof. This is required for removal of dirt, silt, debris, roof membrane and insulation from the roof surface in order to preserve the ecology, eliminate unsightly conditions and protect building surfaces. Specific locations will be discussed at the pre bid conference.
D. Rolled Roofing Materials: All rolled roofing materials must be stored standing on end on a pallet or otherwise raised off of the roof. The materials are to be covered in a proper manner to assure that they will not become wet prior to application. Any materials that become wet or damaged must be removed from the job-site and replaced at the Contractor's expense.
E. Ladders: Any ladders used on this project must be in good condition. The ladder must also be secured at the roof line at all times while in use. All ladders must be O.S.H.A. approved.
F. No drugs or alcoholic beverages are permitted on the grounds.
G. The Contractor shall place necessary barriers and/or protection around or under all work areas where his/her operations involve risk of injury to plant personnel.
H. The Contractor will also protect the building structure from damage in the process of the job. In the event that damage does occur to any property or equipment, or the Owner's work in process, notification must be made within two (2) working days of the incidents to the Owner and Owner's Representative.
I. During the progress of the job, if waste material and rubbish are found or damage resulting from the Contractor's operations is found, or the Contractor does not comply with the requirement by keeping the premises free of accumulations and correct the damage, it shall be the Owner's prerogative to hire personnel to do so; and the cost of this work will be deducted from the balance due the Contractor.
J. Existing roof top equipment walls, windows, etc. shall be completely protected by masking or other effective methods. Any mastics or asphalt must be cleaned off metal surfaces.
K. The Contractor is responsible for protecting all materials from the elements. If any material, such as insulation, becomes wet, it cannot be installed and must be replaced at the Contractor's expense. NOTE: Roofing materials must be covered with waterproof tarps at the end of each work day. The Owner's Representative will reject any covering method or material which does not adequately protect roofing materials.
L. Anyone guilty of willful destruction or unlawful removal of company property will be dismissed from the job and is subject to prosecution by law.
M. Any lawns damaged by Contractor vehicles will be restored with a stand of grass at the Contractor's expense. Any damaged pavements will likewise be restored and at the Contractor's expense.
N. The Contractor must verify that all materials can be installed to accommodate the building design, pertinent codes and regulations, and the manufacturer's current recommendations.
O. The Contractor will ensure that all substrates are clean, dry, sound, smooth, and free of dirt, debris, and other contamination before any materials are supplied.
Procurement Services Department will take reasonable steps to ensure that known perspective bidders have all applicable addenda. However, it is the ultimate responsibility of the bidder/proposer to ensure that they have all applicable addenda prior to bid/proposal submission. All bidders/proposers are encouraged to contact the Procurement Services Department prior to finalizing their submission.
Failure to observe any of the instructions or conditions in this solicitation may constitute grounds for rejection of a bid, including but not limited to, incomplete bid, bid received after the due date, or those not submitted as provided in the solicitation. County reserves the right to reject or accept any or all bids and to waive any technicality, informality, or irregularity at the County’s sole discretion, when to do so would be in County’s best interest. County also reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder, fails to satisfy County that such bidder is properly qualified or equipped to carry out the obligations of the solicitation.
A. All materials will be securely fastened and placed in a watertight, neat and workmanlike manner. All workmen shall be thoroughly experienced in the particular class or work upon which they are employed. All work shall be done in accordance with these specifications and shall meet the approval of the Owner or Owner's Representative. The Contractor's representative or job supervisor shall have a complete copy of specifications and drawings on the job-site at all times.
B. Contractor shall plan and conduct the operations of the work so that each section started on one day is complete and thoroughly protected before the close of work for that day.
It shall be the Contractor’s responsibility to ensure all required inspections and submittals are completed in a timely manner in order to receive a Certificate of Occupancy or other acceptable final acceptance documents. The Contractor shall contact and coordinate with Cobb Community Development to identify all final inspections and submittals required. Upon completion of all inspections and submittal and approval of all required as built documents or any other items required by the County, the Contractor shall pick up the Certificate of Occupancy from Cobb County Community Development and deliver it to Cobb County Property Management.
A. Contractor shall weld all intermediate bracing that is required from the underside of the roof system. All welding must take place before the old roof system is removed exposing the interior of the building to the weathering elements.
B. Welding must take place on the weekends or after 4:00 pm during the week. There will be a county representative present for the duration of the interior work.
The bidder shall make delivery of goods and services to County as required by the bid documents, or within the schedule agreed by the parties. If the goods or services are not delivered on the date due then, without prejudice to any other rights which it may have, County reserves the right to:
A. Contractor shall conform to requirements as designated by the United States Federal Government (O.S.H.A.). Contractor shall abide by all regulations as outlined in the O.S.H.A. handbook and shall have a handbook on location at all times.
B. Contractors hereby acknowledged that they and their workers have undergone Safety Training and shall at all times act in compliance with all NRCA recommended safety compliance rules and regulations.
By submission of a bid, the bidder certifies, under penalty of perjury, that to the best of its knowledge and belief:
Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Department of Justice and can result in fines, prison sentences, and civil damage awards.
Prior to demolition by the contractor, the Owner reserves the right to salvage any items scheduled to be demolished. This includes but is not limited to (most commonly salvaged): fixtures within and around buildings, heating and air conditioning equipment, water heaters, sinks, light fixtures, doors and hardware. The contractor shall remove and dispose of any remaining materials scheduled for demolition.
By submission of a bid, the bidder certifies, under penalty of perjury, the bidder represents, that, to the best of its knowledge no circumstances exist that will cause a conflict of interest in performing the requirements of this solicitation. Should a bidder become aware of any circumstances which may cause a conflict of interest during its performance pursuant to this solicitation, or any resulting contract, the bidder shall immediately notify County. If County determines that a conflict of interest exists, County may require that the bidder take action to remedy the conflict of interest or terminate the bid, or resulting contract, without liability. County shall have the right to recover any fees paid for services rendered by the bidder which were performed while a conflict of interest existed if the bidder had knowledge of the conflict of interest and did not notify County within one week of becoming aware of the existence of the conflict of interest.
A bidder warrants that it and its subcontractor(s) have not employed or retained any company or person, other than a bona fide employee working solely for the bidder or its subcontractor(s), to solicit or secure its submitted bid and that it and its subcontractor(s) have not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for Consultant or its subcontractor(s) any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award of this solicitation. For any breach or violation of this provision, County shall have the right to terminate the bid, or resulting contract, 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.
A bidder shall require each of its subcontractor(s) to sign a statement certifying to and agreeing to comply with the terms in this provision.
The Contractor shall give notices, pay all fees, permits and comply with all laws, ordinances, rules and regulations bearing on the conduct of work.
A bidder must be in full compliance with all applicable federal and state security and immigration laws including without limitation the Georgia Security and Immigration Compliance Act. Bidder is required to affirm bidder’s compliance by completing and returning the Georgia Security and Immigration Compliance Documents with the bidder’s response. A successful bidder must comply with the requirements of this provision for five (5) years after completion of all obligations of any awarded contract or purchase order are fulfilled.
Upon submitting a bid containing a sample contract as part of the bid documents, it is understood that the bidder has reviewed the contract with the understanding that County will require the parties to enter into an agreement that is substantially the same as the sample contract. Contract terms are subject to periodic review by County and County reserves the right to require changes to said terms, provided that any such change is reasonable and in County’s best interest.
A. The Contractor and all his/her personnel/agent(s) shall abide by all rules created by the Owner. The Contractor must contact the Owner's Representative for specific information regarding the rules governing all operations of the project.
B. The Contractor shall properly notify all employees of conditions relating to roof areas with very poor condition and which will be worked on. After such notification, the Contractor must take all necessary precautions to ensure the safety of his/her employees as well as the building personnel.
C. THE CONTRACTOR SHALL "HOLD HARMLESS" THE MATERIAL MANUFACTURER, AGAINST ANY LITIGATION ARISING FROM ANY ACCIDENTS DURING THE COURSE OF THE CONTRACT.
If a Sample Contract is not included in a solicitation, County reserves all of its contractual rights. In that case, the terms and conditions of this solicitation are incorporated into County’s purchase order and shall control. In case of conflict or ambiguity between this solicitation and the purchase order, the solicitation shall control. County rejects any additional or conflicting terms in a bidder’s form-purchasing document(s) (order form, invoice, quote, license agreement, etc.).
A purchase order may be canceled or annulled by the Purchasing Director, in whole or in part, by written notice of default to the bidder upon non-performance or violation of purchase order’s terms. An award may be made to the next low responsive and responsible bidder, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting bidder (or bidder’s surety) may be liable to County for costs to County more than the defaulted contract prices; provided, however, that the bidder shall continue the performance to the extent not terminated under the provisions of this clause. Failure of the bidder to deliver materials or services within the time stipulated on the bid, unless extended in writing by the Purchasing Director, shall constitute default.
The Contractor(s) shall conform to the requirements as designated by the United States Federal Governments (e.g., O.S.H.A.).
The Bidding Contractors shall be solely responsible for all accuracy of all measurements and for estimating the material quantities required to satisfy these specifications.
Any contract or purchase order shall begin and end on the dates specified in the solicitation, or as otherwise agreed, unless earlier terminated in accordance with the terms of the contract or purchase order. Pursuant to O.C.G.A. § 36-60-13, any contract or purchase order shall not be deemed to create a debt of County for the payment of any sum beyond the fiscal year in which the appropriations have been made.
The successful bidder understands that, in addition to compliance with O.C.G.A. § 36-60-13, any contract or purchase order with County shall include provision for termination for cause and for County’s convenience. The following is a sample of the provision:
“County may terminate this contract for cause upon ten (10) days’ prior written notice to the vendor of the vendor’s default in the performance of any term or condition of this agreement. Such termination shall be without prejudice to any of County’s rights or remedies by law.
County may terminate this contract at any time for any or no reason upon thirty (30) days’ prior written notice to vendor. The effective date of the termination shall be set forth in the notice. As the sole remedy for County’s termination for convenience, vendor shall be paid for any validated services or accepted goods delivered pursuant to this contract up to the time of termination. Vendor shall not incur new obligations upon receipt of such notice and shall cancel as many outstanding obligations as possible.”
A. A written warranty which will commence from date of acceptance by Manufacturer must be supplied with the roof installation.
B. A five (5) year workmanship warranty is required from the Contractor for all remedial maintenance done under the terms of this contract.
A. All work as required in these specifications and drawings shall be completed within sixty (60) days of the start date, or as agreed upon by the parties.
B. The Contractor is responsible for supplying trained workmen in proper numbers and for scheduling and laying out his/her work, so that it will be started and completed in a professional manner within the time period indicated on his/her proposal form.
C. If the Contractor sets equipment onto the job-site without commencing work immediately, the action will be considered "Spiking the job" which is unacceptable and will be considered a breach of contract by the Contractor; thereby, the contract will be terminated and the Contractor at no cost to the Owner, must remove his/her equipment and possessions from the job-site upon notification by the Owner.
The successful bidder understands that any contract or purchase order with County shall include a provision in which the vendor agrees to defend, indemnify, and hold County harmless. The following is a sample of the provision:
“Vendor covenants and agrees to take and assume all responsibility for the services or goods rendered in connection with this agreement. Vendor shall bear all losses and damages directly or indirectly resulting to it and/or County on account of the performance or character of the goods sold or services rendered pursuant to this contract. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold harmless County and County’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the goods sold or performance of contracted services, or operations by Vendor, any subcontractor, anyone directly or indirectly employed by Vendor or subcontractor or anyone for whose acts Vendor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of Vendor, its subcontractor, anyone directly or indirectly employed by Vendor or subcontractor or anyone for whose acts Vendor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Vendor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this contract, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this contract and applies notwithstanding any contrary provision.”
If a bidder desires to propose additional terms and conditions, including but not limited to a bidder-drafted contract, privacy policy, end user agreement, warranty, or invoice, then the bidder must disclose and submit those terms and conditions in writing with its initial solicitation response for evaluation by County via the e-procurement portal. Links, hyperlinks, or documents incorporated by reference are not allowed and will be rejected as nonresponsive.
If exceptions are taken to any part of the solicitation, sample contract, or purchase order, each exception must be stated in detail and submitted as part of the bidder’s response. Exceptions which give the bidder a competitive advantage or which reject mandatory bid requirements cannot be accepted. County has the discretion to accept or reject bidder’s exceptions, if any, and negotiate alternate terms. In no event is a bidder to submit its own standard contract terms and conditions as a bid, proposal, or quote to this solicitation unless requested to do so in the solicitation. County is under no obligation to consider terms or conditions proposed by the bidder that are not included in the bidder’s initial response and not disclosed in the manner as outlined in this paragraph. Said terms will be rejected by County as nonresponsive.
A. All pertinent state and local licenses will be required.
B. Contractor shall provide copies of all pertinent licenses at the time of bid submission.
Alteration of County documents is strictly prohibited and will result in automatic disqualification of a bidder’s response. If there are “exceptions” or comments to any of the bid proposal documents, solicitation requirements, or otherwise, the bidder shall comply with the requirements outlined herein. See Additional Agreements, Alternate Terms, or Exceptions.
In no event will any term contained in a bid, quote, or document attached thereto or referenced therein, including exhibits, attachments, or hyperlinks, be valid or enforceable against County if it:
The acquisition of the applicable permits and associated costs to obtain said permits will be the responsibility of the Contractor.
The laws of the State of Georgia shall govern and determine matters arising out of or in connection with this solicitation and any contract or purchase, if awarded, without regard to the choice of law provisions of state law. Except as otherwise provided in the solicitation documents, any dispute concerning a question the solicitation shall be resolved by Procurement Service Department’s policies and procedures.
A. Contractor is responsible for daily communication with the Owner or Owner's Representative relating to areas of roof work in order that the Owner may adequately protect tenant's personal belongings, and the people themselves against possible damage or injury. Contractor is also responsible for policing and protecting areas involving removal and replacement of roof projections, defective decking or other work involving deck penetration.
B. Three business days prior to starting of the project and/or delivery of materials, the Contractor shall notify: the Owner’s representative.
Accumulated debris shall be removed periodically to assure maximum safety and sanitation at all times. At completion of work, the Contractor shall remove all excess material and debris from the site and leave all roof surfaces free from accumulations of dirt, debris and other extraneous materials.
County reserves the right to reject the proposal, bid, or quote from a bidder who is in default on the payment of taxes, licenses, or other monies due to County. Failure to respond three (3) consecutive times for any given commodity or service may result in removal from the supplier list under that commodity or service.
A. The Contractor shall keep a competent NON-WORKING superintendent, satisfactory to the Owner and Owner's Representative, on the job at all times when work is in progress. The superintendent shall not be changed without notifying the Owner and the Owner's Representative unless the superintendent ceases to be in the employ of the Contractor.
B. The superintendent shall represent the Contractor in his/her absence and all directions and instructions given to the superintendent shall be as binding as if given directly to the Contractor.
C. The superintendent shall be responsible for the conduct of all the Contractor's employees on the premises and shall promptly take necessary measures to correct any abuses called to his/her attention by the Owner.
Other cities and authorities located in Cobb County may be allowed to purchase identical items at the same price and upon the same terms and conditions, pursuant to the Intergovernmental Cooperative Purchasing Agreements entered into between County and Cobb County Governmental entities. These entities include the Cobb County Board of Education and Cities of Acworth, Austell, Kennesaw, Smyrna, Marietta, and Powder Springs and the Cobb County-Marietta Water Authority and the Cobb-Marietta Coliseum and Exhibit Hall Authority.
County encourages the participation of all businesses in offering their products and services with the goal of fairly and competitively procuring those products and services at the most reasonable cost. County seeks to build a diverse, inclusive, and prosperous group of suppliers who can effectively compete in business while obtaining quality goods and services in a competitive and efficient manner.
A. Before any material applications are made, the Owner or his/her representative and the material supplier representative shall be available to ensure a complete understanding of the specification.
B. A final inspection shall be conducted by Owner, Contractor, and the Owner's Representative upon being notified of completion of specified work and clean-up.
A roofing guarantee is available for review from the Material Manufacturer for the roofing systems published in these specifications. The guarantee will be issued only upon completion of all the guarantee requirements by an approved Contractor. Such guarantees cannot be altered or amended, nor may any other warranties, guarantees or representations be made by an agent or employee of the Material Manufacturer unless such alteration, amendment or additional representation is issued in writing and is signed by a duly authorized officer of the Material Manufacturer and sealed with the Material Manufacturer seal. This guarantee does not cover cosmetic deficiencies. THE MATERIAL MANUFACTURER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO THE BUILDING OR ITS CONTENTS OR ANY OTHER CONSEQUENTIAL DAMAGES, AND ITS RESPONSIBILITY IS LIMITED TO REPAIRING LEAKS. The Contractor will warranty the roof to the Material Manufacturer for a period of five (5) years.
In compliance with the Georgia Electronic Records and Signature Act Electronic, O.C.G.A. § 10-12-1, et seq., electronic signatures are permitted.
Should these General Terms and Conditions be in conflict with any of the solicitation’s Special Terms and Conditions, the Special Terms and Conditions will control.
Contractor must be a certified Pre-Approved Garland Contractor with a minimum five years documented experience as an Approved Garland Contractor. The roof systems must be applied only by those contractors who have received approval from the Material Manufacturer for such installations. No guarantees will be issued when installation has been performed by a non-approved contractor.
The individual whose name appears as signatory of this bid, proposal, or quote represents that the individual has or has been accorded by its governing or executive body the authority to bind the entity on whose behalf the individual has executed the document. Bidder further represents and warrants that it has full authority submit bidder’s response and, if awarded, contract with County.
Sequence according to plans and specifications.
The acceptability of completed roofing work will be based on its conformance to the contract requirement. The Material Manufacturer is not obligated to accept non-conforming work, and such non-conforming work may be rejected. The rejected work shall be promptly replaced or corrected in a manner and by methods approved by the Material Manufacturer at the Contractor's expense. The Material Manufacturer will instruct the Contractor's foreman and work crew on the proper methods of installation of the roofing system, and will follow-up on a regular basis to inspect the work being done. Any deficiencies from the specified work noted by the Material Manufacturer will be immediately reported to the Owner, along with recommended corrective actions necessary. The Material Manufacturer will not act in a supervisory capacity, and will not be responsible for the Contractor's errors or omissions.
Neither bidder nor any of its employees, agents, or subcontractors shall be deemed to be employees or agents of County. The bidder is an independent contractor for all purposes, and at all times. Bidder shall, at its own and sole expense, comply with all local, state, and federal laws, rules and regulations that are now or may in the future become applicable to the bidder, bidder’s business or bidder’s employees or agents engaged in the scope work of this solicitation. Should County be the prevailing party in any legal action with the bidder arising out of this solicitation or the services or goods performed hereunder, then in such event, County shall be entitled to recover its reasonable attorneys’ fees and costs from bidder. County shall be considered a prevailing party if: (i) any lawsuit filed against it results in a dismissal, judgment, jury verdict, or appellate decision in its favor, or (ii) it substantially prevails on any claims brought by it against the bidder.
The Material Manufacturer routinely conducts roof surveys and inspections in order to provide recommendations and/or specifications for the use of its products. However, the MATERIALS MANUFACTURER IS NOT, NOR ARE ITS REPRESENTATIVES, CERTIFIED TO IDENTIFY, HANDLE OR MONITOR ASBESTOS IN ROOFING, DECKING OR INSULATION. THEREFORE, IT MAKES NO JUDGMENTS ON AND HEREBY DISCLAIMS ANY RESPONSIBILITY FOR IDENTIFYING, HANDLING OR MONITORING ASBESTOS. If a building owner suspects that an asbestos condition exists on or under the roof area in question, Material Manufacturer can recommend licensed laboratories and technicians that can identify, remove, dispose of, and monitor the project.
In addition to any warranty or contractual rights provided to County under state or federal law, by submitting a response to this solicitation, the bidder warrants and agrees that the good(s) purchased by County will be defect-free in materials and workmanship and be of the quality, size, and dimensions ordered. This express warranty shall not be waived because of acceptance of the goods or payment thereof by County. Bidder is fully aware of County’s business requirements and intended uses of the product(s) and warrants that the product(s) shall be fit for such intended uses. County shall give written notice to the bidder of any breach of warranties in this section, and such notice shall contain information concerning the deficiencies found, the location of the nonconforming good(s), and the quantity involved, including County’s notification of the remedy for the non-conforming or defective good(s).
All work performed by the successful respondent shall be performed in compliance with the Americans with Disabilities Act.
A. The Owner has been informed, acknowledges and agrees that Material Manufacturer is not engaged in the business of identifying, abating, encapsulating or removing asbestos or asbestos containing materials from the work site and has not agreed to do so herein.
B. IN CONSIDERATION OF THE PROVISION HEREOF, THE OWNER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MATERIAL MANUFACTURER, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, INCLUDING THE ENGINEER FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING OUT OF, OR RELATING TO, ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION OF ANY KIND, ATTRIBUTABLE TO, ARISING OUT OF, OR RELATING TO THE PRESENCE OF ASBESTOS OR ASBESTOS-CONTAINING MATERIALS ON OR AT THE WORK SITE AND/OR THE ABATEMENT, ENCAPSULATION AND/OR THE REMOVAL THEREOF.
Each successful bidder shall provide evidence of a valid Cobb County occupation tax certificate if the bidder maintains an office within the unincorporated area of Cobb County. Incorporated, out of County, and out of State bidders are required to provide evidence of a certificate to do business in any town, County or municipality in the State of Georgia, or as otherwise required by County ordinance or resolution.
Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law, O.C.G.A. § 43-41-17.
The Manufacturer makes no representation or warranty, express, implied, or otherwise, regarding mold, fungi, rust, corrosion or other bacteria or organism. Neither shall the Manufacturer have any duty to identify, nor accept any responsibility or liability for any claims associated with mold, fungi, rust, corrosion or other bacteria or organism related claims.
INSURANCE REQUIREMENTS
1. Requirements
Without limiting or qualifying Contractor’s liabilities, obligations, or indemnities otherwise set forth in this Agreement, Contractor shall, at Contractor’s sole expense, procure and maintain in full force and effect for the duration of this Agreement the following insurance coverage protecting against claims for injuries or damages which may arise from or in connection with Contractor’s performance of services or provision of goods:
Commercial General Liability: $1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate.
Commercial Automobile Liability: $1,000,000 combined single limit per occurrence covering liability for bodily injury and property damage arising out of the ownership, maintenance or use of all owned, non-owned, and hired automobiles utilized by Contractor in connection with its performance under this Agreement.
Workers’ Compensation: Contractor shall maintain statutory Workers’ Compensation insurance in accordance with the laws of the State of Georgia.
Employer’s Liability: Employer’s Liability Insurance: Contractor must cover all of Contractor’s employees in the amount of $1,000,000 per accident for injury, $1,000,000 per employee for disease, and $1,000,000 per policy disease limit.
Sexual Abuse or Molestation (SAM) Liability: If the Commercial General Liability policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim when Contractor has access to minors, seniors, disabled, inmates, and other vulnerable populations. The policy must provide continuing liability coverage (“tail”) in force for at least five (5) years.
Professional Liability (Errors & Omissions) Coverage: $1,000,000 per occurrence or claim and $2,000,000 in the aggregate in the event that Contractor is performing professional services (such as design, architectural, legal, medical, engineering, technology, etc.)
Cyber Liability Insurance: $1,000,000 per occurrence is required in the event that Contractor provides information technology services, including cloud-based, to County, accesses County’s networks/systems, and/or collects, processes, manages, or stores sensitive electronic data. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
Builder’s “All Risk” Insurance: If applicable and in the event Contractor is performing vertical construction services under the Agreement, Contractor shall procure and maintain “All-Risk: Builder’s insurance, written on a commercially recognized policy form, providing coverage for the Work performed under the contract, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limit shall be in a minimum amount equal to the “full insurable value “of such equipment and 100% of the value of the Agreement, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement (including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-up, with extended coverage, and providing coverage for transit, with sub-limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the services. The making of progress payments to Contractor shall not be construed as relieving the Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the services.
Pollution Liability: Contractor is required to provide and maintain Pollution Liability Insurance if Contractor’s scope of work: requires the handling and/or transportation of non-household chemicals, hazardous materials (including, but not limited to, asbestos, lead, silica, contaminated soil, or any other hazardous material as defined by applicable law), or involves grading, concrete, de-watering, underground utilities, exterior insulation and finish systems (EIFS); fire protection; HVAC; plumbing; roofing; exterior siding, stucco, or skin of any type, flashing, installation of skylights, windows, storefronts, or exterior doors; waterproofing, exterior sheet metal; rough carpentry; or any other trades as County may designate. The Pollution Liability Insurance shall meet or exceed the following:
Umbrella Liability Coverage: $2,000,000 in liability coverage per occurrence above the Agreements stated minimum coverage limits for policies of insurance except Cyber Liability, and Professional Liability.
2. Self-Insurance, Captives, Fronting Policies, and Monetary Conditions Precedent
If Contractor is meeting its obligations contained in these Insurance Requirements through self-insurance, a captive, a fronting policy, and/or any monetary conditions precedent to coverage or a transfer of risk, Contractor shall be required to notify County and provide additional information upon request. If Contractor is self-insured, insured by a captive, utilizing a fronting policy, having a monetary condition precedent to coverage or a transfer of risk, or any combination thereof to meet its obligations to County, County may require Contractor to provide to County additional financial security. Contractor’s failure to notify and/or adequately disclose the requirements of this provision shall be considered a material breach of the Agreement.
3. Primary Insurance
Contractor’s insurance coverage shall be endorsed as primary and noncontributory with respect to the performance of this Agreement and in the protection of the County. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor’s insurance and shall not contribute to it.
4. Waiver of Subrogation
Each policy or policies of insurance required by this Agreement shall be endorsed to provide a waiver of subrogation, or waiver of right to recover from others, in favor of the Insured Parties for losses arising from services performed or goods provided by Contractor for or to County. Contractor agrees to obtain any endorsement that may be necessary to affect the above waiver of subrogation, but this provision applies regardless of whether Contractor has received a waiver of subrogation endorsement from an insurer.
5. Deductibles, Self-Insured Retention, and Monetary Conditions Precedent
Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures. Contractor shall notify County of any deductible or self-insured retention greater than $100,000 or any increase thereto. County may require additional financial security for deductibles and self-insured retentions greater than $100,000.
6. Separate Coverage
Coverage shall state that the Contractor’s insurance shall apply separately to each Insured Party against whom claim is made or suit is brought.
7. Defense Costs and Cross Liability
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion.
8. Notice Requirement
Each insurance policy or policies required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to County. All notices must be mailed to the attention of Cobb County Government at 100 Cherokee Street, Suite 300, Marietta, Georgia 30090. County reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law.
The project number and name must be referenced in the description section of the insurance certificate.
9. Reporting Requirement
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties.
10. Acceptability
Each insurance policy or policies required by this Agreement must be issued by a Contractor licensed, authorized or approved by the Georgia Insurance Commissioner to write business in the State of Georgia. Such insurance shall be placed with insurers with a minimum AM Best’s Policyholder’s Rating of “A-”, or better, and with a financial rating of Class VII, or greater, or be otherwise acceptable to Cobb County. Unrated or unlicensed captives or insurers must be submitted to Risk and Safety for review and consideration prior to commencement of work.
11. Failure of Insurers
Notwithstanding anything else in this Agreement, Contractor shall be responsible for any delay resulting from the failure of any insurer to furnish proof of coverage in the prescribed form.
12. Verification of Coverage
Contractor shall furnish County with certificates of insurance, declarations page for each insurance policy listed on the certificate of insurance, and endorsements to the policies evidencing all coverages required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates, declarations page, and endorsements for each policy required shall be received and approved by County before any work commences. County reserves the right to require complete, certified copies of all required insurance policies at any time.
If Contractor changes, renews, or replaces any coverage required by this Agreement, Contractor shall provide proof of the change, renewal, or replacement to County prior to the change, renewal, replacement, or expiration of the coverage. Contractor’s failure to comply with this provision shall be considered a material breach of the Agreement. County may, but has no obligation to, review any and all of the required insurance policies, declaration pages, and/or endorsements. Failure to demand evidence of full compliance with the insurance requirements set forth herein or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.
13. Subcontractors and subcontracts
Contractor shall require all subcontractors to maintain insurance that is industry standard for the scope and risk of the services being provided by that subcontractor. All coverage for subcontractor(s) shall be subject to all of the requirements stated in this Agreement, including, but not limited to naming the insured parties as additional insured.
14. Duration
Each insurance policy or policies required by this Agreement shall be maintained during the entire term of the Agreement, including any renewal or extension terms, and until all Work has been completed to the satisfaction of County. Any requirement for insurance to be maintained after completion of the work shall survive termination of expiration of this Agreement. Contractor’s notification (Paragraphs 2, 5, and 8), acceptability (Paragraph 10), and verification (Paragraph 12) obligations are continuous and shall remain in effect throughout the entire duration of this Agreement. Failure to comply with the requirements of this provision shall be considered a material breach of the Agreement.
15. Periodic Review
Insurance requirements are subject to County’s periodic review and County can require changes, including requiring additional types of insurance coverage or higher coverage limits, as it determines is necessary, provided that any such change is reasonable in light of past claims, inflation, or any other item reasonably related to County’s risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
16. Failure to Comply
Notwithstanding anything else in this Agreement, failure to comply with the insurance requirements set forth herein will not relieve Contractor from any liability under the Agreement and will not be construed to conflict with or limit Contractor’s indemnification obligations under the Agreement.
Not Applicable.
Not Applicable.
Please include the name, title, email and phone of the authorized agent submitting this bid
THE AUTHORIZED REPRESENTATIVE HAVING EXAMINED THE PROPOSED CONTRACT DOCUMENTS TITLED:
Invitation to Bid
Cobb County Police Training Facility Roof Replacement
Cobb County Procurement Services Department
Sealed Bid #26-6991
AND HAVING VISITED THE SITE AND EXAMINED THE CONDITIONS AFFECTING THE WORK, HEREBY PROPOSES AND AGREES TO FURNISH ALL LABOR AND MATERIALS, EQUIPMENT, AND APPLIANCES AND TO PERFORM THE OPERATIONS NECESSARY TO COMPLETE THE WORK AS REQUIRED BY SAID PROPOSED CONTRACT DOCUMENTS, FOR ALL OF THE WORK IDENTIFIED AS TOTAL LUMP SUM QUOTE FOR ALL ITEMS AS SPECIFIED IN THE PRICING TABLE.
The authorized representative understands and agrees also to comply with and be bound by the entire contents of the Request for Bid including all Addenda.
Primary Bank:
Relationship officer responsible for account:
Telephone Number:
Prior projects with Cobb County:
1. Name of project:
Address of project:
Contact person with Owner:
Phone number:
2. Name of project:
Address of project:
Contact person with Owner:
Phone number:
Bonding Co.:
Bonding Co. Agency:
(Corporation, sole proprietorship, partnership, p.c.)
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
Please enter your Bid Bond information from Surety2000 below.
Please upload your bid bond here if not using Surety2000.
Format: Cobb County (“County” or “Owner”) is soliciting bids from qualified vendors (“Vendor” or “Contractor”) to _____________
Example: replace the roof at East Cobb Government Service Center
Format: 4400 Lower Roswell Road, Marietta, GA 30068
Select yes to show Scope of Work section in the Document Editor
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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