Active SLED Opportunity · GEORGIA · COBB COUNTY, GA
AI Summary
Cobb County, GA seeks bids for a full service monthly HVAC maintenance contract for multiple aquatic centers. The contract includes emergency repairs, preventative maintenance, and compliance with state codes. Bids due June 25, 2026, via the county's eProcurement portal.
Cobb County (“County” or “Owner”) is soliciting bids from qualified vendors (“Vendor” or “Contractor”) to provide a Full Service Monthly Maintenance Contract for HVAC for the County Aquatic Centers located at various locations throughout the County, per the specifications contained herein. Bids shall be received before 12:00 pm on Thursday, June 25, 2026, via the County's eProcurement Portal at https://procurement.opengov.com/portal/cobbcoga. Late bids will not be accepted.
Contractor shall provide Full Service Heating, Ventilating and Air Conditioning service to all buildings and facilities listed herein. No minimum staffing is required for this Contract. However, the Contractor shall include sufficient labor to enable him to respond, on site, with trained and experienced personnel within one (1) business hour to all service calls, diagnose and prepare a remedial plan of action within two (2) business hours, and satisfactorily complete all service calls within twelve (12) business hours of the time of the service call. “Business Hours” shall be defined as from 8:00 a.m. to 5:00 p.m., Monday through Friday. All measurement of business hours shall begin at the Owner’s documented date and time of service calls placed by the Owner. Contractor shall pursue the work and continue working past business hours, at the Owner’s sole option, pursuant to the overtime rates defined in the contract in order to complete work within twelve (12) continuous hours of the service call. Should special conditions exist whereby a repair cannot be completed within said time, such as a proprietary part available only from an out of town supplier, Contractor shall provide such evidence to the Owner and an extension will be considered.
Emergency Service is included in the contract work for the following:
Central Aquatic Center, 520 Fairground Street Marietta, GA 30060 (year-round)
Mountain View Aquatic Center, 2650 Gordy Parkway Marietta, GA 30066 (year-round)
South Cobb Aquatic Center, 875 Six Flags Drive Austell, GA 30168 (year-round)
West Cobb Aquatic Center, 3675 Macland Road Powder Springs, GA 30127 (year-round)
Seven Springs Water Park, 3820 Macedonia Road Powder Springs, GA 30127 (seasonal)
Sewell Park Pool, 2055 Lower Roswell Road Marietta, GA 30067 (seasonal)
Contractor shall respond immediately such that he is on site with trained and experienced personnel within one (1) hour of the service call, diagnose and prepare a remedial plan of action within two (2) hours, and satisfactorily complete all work within six (6) hours of the emergency service call. Emergency service shall be available twenty-four (24) hours per day, seven (7) days per week. Should special conditions exist whereby a repair cannot be completed within said time, such as a proprietary part available only from an out of town supplier, Contractor shall provide such evidence to the owner and an extension will be considered. Contractor is required to provide the most expeditious express same-day or overnight delivery of parts as may be quickly available.
It is the intention of this full service agreement that Contractor include all services, materials, etc., as shall be required to totally maintain the equipment listed herein as well as any equipment, filters, etc., that are now in use in the buildings but inadvertently not included on schedules and listings. Also included are all air compressors, water lines, hot & chilled water lines, refrigerant systems and lines, pumps, valves, exhaust fans, unit heaters, ductwork, electrical, gas lines, drains & condensate lines, vents, flues, etc. and all other equipment that might be inferred as contributing to the operation of heating, ventilating, and air conditioning systems.
Where piping such as plumbing, gas, domestic water, etc. is involved; Contractor shall be responsible for complete system back to and including the regulator valve serving said piece of equipment or to the nearest main in the event there is not a regulator valve. Where ductwork, etc. is involved; Contractor is responsible for anything the Contractor may have to repair or replace as a result of repairs said Contractor may have made. Where electrical is involved, Contractor is responsible for complete system back to and including the disconnect or to the panel including the circuit breaker in the event there is not a disconnect serving said piece of equipment. Contractor shall be responsible for any repair/replacement condition that may take place on covered equipment. There are no "non-maintained" pieces of equipment. Contractor responsible to correct any and all items not up to code, improperly installed, improperly maintained, etc. work that may be discovered by Contractor or Owner.
Contractor shall perform all of the work described on all of the schedules. The schedules designate minimum specific periodic maintenance. Even though the equipment shall have these and other maintenance procedures performed, as Contractor may deem appropriate, equipment will break down from time to time for some reason or other. Repair or replacement of equipment shall be the responsibility of the Contractor at no cost to the owner. There are no exceptions to this requirement. Repairs and replacements shall be made with comparable new equipment. All necessary repairs and replacements of materials, parts, or entire assemblies are the responsibility of the Contractor, no matter how often they may be required. Building spaces shall maintain a maximum temperature of 74 degrees Fahrenheit in the summer and a minimum temperature of 70 degrees Fahrenheit in the winter. All equipment must be kept in good repair and operational, and it must be maintained year-round.
Contractor shall accept all of the equipment "as is" and assume complete responsibility per the terms of
this agreement. The Owner will give reasonable access at reasonable times for inspection of equipment.
Contract price shall include all labor and materials as indicated on the individual schedules of service for
each facility.
Scheduled Maintenance Visits (SMV) shall consist of service required to perform preventative maintenance on the equipment listed herein. SMV materials shall consist of the materials required to perform scheduled maintenance visits on the equipment listed herein. SMV materials shall be those described in the schedules and/or Custom Programmed Maintenance Procedures.
Contractor shall also be responsible for meeting all requirements of the State of Georgia that may pertain
to maintenance and repair.
Filter changes shall be made at the end of each quarter or segment of time depicted in the schedules.
Emergency service for the building systems designated on the attached schedules shall be included in
the contract price. Emergency services for these facilities noted requiring such shall have maximum
one (1) hour response time. Emergency service required to safeguard life or property shall be limited to
the scope of services described and type of coverage and schedules noted. The requirements for Change
Orders are in full force and effect for any and all work under this contract including Emergency Service.
Owner shall pay for Emergency Services according to the following schedule:
b. If the Contractor is not required to have personnel arrive on site during normal business hours by the requirements governing response time, Owner shall pay for labor occurring outside normal business hours in accordance with the Contractor’s bid rates for Change Orders.
c. If emergency services discloses no defect for which Contractor is responsible under this agreement, or if the emergency service is outside the coverage provided herein and found not to be authorized by Owner as a Change Order, Owner agrees to pay Contractor a maximum of $100.00 for such service call.
All work whether under contract or approved by written Change Order shall be detailed in service work
orders which shall identify the building, the unit worked upon, description of work performed, list of
material(s) used, identify which serviceman performed the work, and the date/time work was performed.
Off-site monitoring may be available for some facilities through telephone modem system interface
board.
Vendor shall have a service technician available twenty-four (24) hours a day to receive alarms and be
able to respond to emergency service calls, when necessary. Vendor shall provide the name of the service
technician on call and a Nextel number or cell phone number where the technician can be reached
twenty-four (24) hours a day, seven (7) days a week in case of emergency service, when necessary.
If the equipment included under this agreement is changed in any material respect by a party other than
Contractor during the term of this agreement, this agreement shall be modified to incorporate such
changes and the agreement price shall be adjusted accordingly. All changes must the requirements for
Change Orders.
It is agreed that the Owner shall provide Contractor with access to all equipment and devices which are
part of this agreement including any removal, replacement, refinishing of the building structure if
required. Contractor may at reasonable times, and as necessitated by maintenance procedures, regulate
the equipment listed herein.
When Contractor answers a service call from the Owner and service discloses no defect for which
Contractor is responsible under this agreement, or if the service is outside the coverage provided herein
and found not to be authorized by Owner as a Change Order, Owner agrees to pay Contractor a
maximum of $100.00 for such service call. To obtain Change Order authorization, follow the
requirements for Change Orders.
Owner reserves the right to make any modifications or repairs to any equipment at any time. Should
such modification be substantial enough to require a change in the scope of servicing, Owner and
Contractor shall negotiate a Change Order per the Contract documents. Owner reserves the right to
perform Change Order work through this Contractor, through another Contractor, by his own forces, or by
other arrangements that the Owner finds reasonable. Owner may delete or add portions of buildings'
equipment or entire building's equipment from this Agreement as Owner's sole option utilizing terms
described in the requirements for Change Orders and the bid form’s itemized breakdown.
Contractor shall keep detailed records for each piece of equipment as to refrigerants that are utilized
over time as required by authorities. Contractor shall provide to the Owner a Quarterly Refrigerant Use
Report in Microsoft Excel format no more than five (5) business days following the close of each
calendar quarter.
Contractor shall keep separate detailed maintenance records for each piece of equipment to include
scheduled maintenance visits, filter changes, service calls, and materials & parts used. Contractor shall
provide to the Owner a Monthly Maintenance Report in Microsoft Excel format no more than five (5)
business days following the close of each calendar month.
Contractor shall provide to the Owner a Master Schedule of routine maintenance or repair as required to
maintain all equipment in good working condition. Owner shall review and approve schedule prior to
implementation.
Contractor shall provide owner with the number of certified technicians dedicated to fulfill this specific
contract.
ALTERNATE BID #1
It is the intent of this Contract that the Contractor perform services on the building systems such that continuous operation of the HVAC equipment is maintained.
In the rare event that a lapse in the buildings’ HVAC equipment’s operation is unavoidable, this service may be engaged by the Owner, at the Owner’s sole option, to remedy, or partially remedy a temporary HVAC outage.
Contractor shall state on the Bid Form a cost, per day, for providing temporary heating or cooling for the facilities. Price shall include all costs, including but not limited to: rentals, transportation, overtime, set-up, take-down, etc.
Bidders shall provide the following, on company letterhead, with submittal:
An affidavit showing specific technical competence on the specified facilities’ central plant equipment. The Bidder shall provide a signed affidavit stating the company has trained personnel on staff to maintain and operate the central plant equipment; that the company has been in business a minimum of ten (10) years providing services on similar central plant equipment; and that the company shall provide all computer hardware and software to monitor the controls off-site.
The contractor shall pay all permitting fees associated with the work. The Base Bid shall include an allowance of TBD for paying permit fees. The contractor shall provide documentation of the permit fees to be reimbursed against the allowance. The allowance shall cover only the cost of the permit fees, i.e., the amount paid to the permitting authority. It does not cover labor, transportation or any other incidental costs associated with pulling the permit. Should the actual permit costs exceed TBD, the Contractor will be reimbursed for the additional costs. Should the actual costs be less than TBD, the difference will be returned to the Owner via a deductive change order.
Any other permit and licensing fees shall be the responsibility of the contractor.
The permit allowance amount shall be included in the schedule of values.
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 examine the Documents carefully, shall read the Project Manual as well as all proposed Contract Documents and shall visit the sites of the Work. Each Bidder shall 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 Contract Documents. 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.
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.
Bidders 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 as detailed in the specifications portion of this bid package.
The successful bid shall be an offer to contract. Such offer shall be accepted and a contract created upon the Owner and Contractor signing the Contract. Such signature shall bind the parties to the contract including all of the terms set forth in this ITB.
The Bidder to whom the Contract is awarded shall, within ten (10) calendar days after written notice of award, provide to the Owner those bonds and insurance documents as are required by the Contract Documents. Bidder’s furnishing of said bonds and insurance documents shall evidence his agreement to enter into Contract on these terms. Bonds and insurance documents shall be approved by the Owner before the successful Bidder may proceed with the Work. The successful bidder will be issued a formal “Notice to Proceed”.
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.
Not Applicable.
Contractor shall perform and furnish all labor, supervision, services, materials, equipment, tools, scaffolds, hoisting, transportation, storage and all other things necessary to prosecute and complete the work identified and described herein, or which can be reasonable inferred. All work shall be performed to the satisfaction of the Owner. The Work shall be performed by Contractor in a good and workmanlike manner strictly in accordance with the Contract Documents, consisting of the plans, specifications (including, but not limited to, Project Manual, general and special conditions), addenda, bid proposal form and all subsequently and duly issued modifications thereto. All work shall conform (meet or exceed) to applicable state codes (SBCCI), National Electrical Code (NEC) latest edition as amended by Cobb County as well as all other applicable code requirements. The Owner shall have the right, from time to time, to inspect the work of the Contractor to determine compliance with the Contract Documents in conjunction with payments. This inspection is not intended to provide intelligence to the Contractor and in no way will this inspection relieve Contractor of any responsibility of knowledgeability of the current status of equipment.
Contractor represents and agrees that it has carefully examined and understands the Contract Documents relevant to the Work; has adequately investigated the nature and conditions of the project site and locality; has familiarized itself with conditions affecting the difficulty of the Work and the condition of the equipment to be maintained and repaired; and has entered into this Contract based on its own examination, investigation and evaluation and not in reliance upon any opinions or representations of Owner.
Time is of the essence regarding performance under this Contract.
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.
Not Applicable.
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).
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.
Not Applicable.
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.
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.
Bid must be accompanied by a bid bond in an amount equal to no less than five percent (5%) of the Total Cost for Year One. 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.
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.
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.
Owner shall pay to Contractor for the satisfactory performance and completion of the Work and performance of all the duties, obligations and responsibilities of Contractor under this Contract, the amount set forth herein as the Price, subject only to additions and deductions as expressly provided in this Contract. To the extent that the Work is to be performed on a unit price basis, the Price shall be computed in accordance with the unit prices set forth in Bid Proposal Form or Project Manual, based on actual quantities determined in accordance with the Contract Documents and this Contract. The Price and all unit prices shown shall be deemed to include all costs of Contractor’s performance of the Work as set forth in the Contract Documents, including, but not limited to, the costs of labor, supervision, services, materials, equipment, replacement parts/equipment, tools, scaffolds, hoisting, transportation, storage, insurance and taxes, and all overhead and profit.
Contractor shall not be entitled to any payment until this Contract has been fully executed by both parties and all documents and information to be furnished by Contractor have been supplied to Owner.
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.
Not Applicable.
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.
Not Applicable.
Price is determined to be monthly payments. Each monthly payment is directly associated with those services to be performed during that said month. To initiate payment, Contractor shall submit a monthly invoice and by submission of said invoice, Contractor represents to Owner that the services required under the terms of this Contract to be performed during the month for which the invoice was prepared have been performed. Contractor agrees that Owner may rely on this representation. Contractor will receive the payments made by Owner and Contractor will hold such payments as a trust fund to be applied first to the payment of laborers, suppliers, subcontractors, and others responsible for the Work for which such payments are made, including sufficient funds so that all taxes and insurance applicable thereto are also paid, and shall comply with all laws applicable thereto.
Contractor shall, as often as requested by Owner, furnish such information, evidence and substantiation as Owner may require with respect to the extent and value of current progress and the nature and extent of all obligations incurred by Contractor in connection with the Work and all payments made by Contractor on account thereof. Contractor shall also furnish, as required by Owner in its sole discretion, such partial or final lien waivers or releases as Owner deems necessary to ensure that Contractor has paid all persons furnishing any labor, material, or services in furtherance of any Work furnished hereunder.
If required by Owner, the furnishing of such lien waivers and releases shall be a condition precedent to any payment hereunder. Nothing herein shall constitute any requirement that Owner exercise its discretionary option to require such releases and waivers. Moreover, no prior failure of Owner to require such releases and waivers shall limit Owner’s right to require them subsequently.
Owner reserves the right to withhold, as an additional reserve and without limiting its other rights and remedies, an amount sufficient: (a) to defend, satisfy and discharge any asserted claim that Contractor (or anyone providing any of the Work hereunder) has failed to make payment for labor, services, materials, equipment, taxes, or other items or obligations furnished or incurred in connection with the Work or has caused damage to the Work or to any other work on the Project; (b) to complete the Work if it appears that funds remaining in the Contract, including retainage and exclusive of back charges, are insufficient to complete the Work; (c) to reimburse Owner for any back charges incurred as a result of any act or omission by Contractor hereunder; (d) to protect Owner from the possible consequences of any other breach or default by Contractor hereunder; or (e) to secure Owner with respect to any breach or default by Contractor or its affiliates, parent company and subsidiaries under any other agreement. Payment hereunder shall not be evidence of the proper performance or progress of the Work and no payment shall be construed to be acceptance of defective, faulty or improper work or materials.
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.
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.
Should Contractor, without any fault or neglect on its own part, be delayed in the completion of the Work by the fault or neglect of Owner, Contractor, as its sole remedy, shall be entitled to a reasonable extension of time only. Should Contractor, without any fault or neglect on its own part, be delayed in the completion of the Work by an act of God or such other cause beyond the control of the Contractor, Contractor shall be entitled to a reasonable extension of time to be determined in accordance with this Contract and the Contract Documents. In no event shall Contractor be entitled to compensation or damages for any delay in the commencement, prosecution, or completion of the Work or for any schedule adjustments resulting there from.
Notwithstanding anything to the contrary in the Contract Documents or this Contract, Contractor shall not be entitled to an extension of time unless a written notice of delay shall have been delivered to Owner within ninety-six (96) hours after commencement of the claimed delay.
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:
This contract clearly defines the Contractor’s responsibility regarding specific equipment and associated equipment designated on Custom Program Maintenance (CPM) Equipment Listings. This includes all maintenance and repair or replacement as may be required. No change orders will be allowed in this regard. There is a possibility that the contractor may be requested by the Owner to provide additional services to the Owner. This work would be entirely remote to the Work described herein. No extras shall be allowed or additional monies paid unless the procedures for Change Orders are strictly followed. Examples of allowed changes might include the Owner’s adding equipment to the CPM Equipment Lists or requesting that Contractor upgrade a particular required replacement.
Without notice to any surety and without invalidating this Contract, Owner may from time to time, solicit an offer for additional services by written order to Contractor, make changes in the Work under the contract Documents. The only exception to this requirement for a written change order is that in an emergency situation where time does not permit for the issuance of a written Change Order. A verbal Change Order may be issued by any of the persons authorized by the Owner.
Upon request of Owner, and in a timely manner, Contractor shall submit a written offer and proposal for any applicable Price and time adjustment attributable to the changed Work, detailed as Owner may require, supported and conforming to the requirements of the Contract Documents. Owner may elect to accept Contractor’s offer and memorialize its acceptance by issuance of a written Change Order signed by one of the persons authorized by the Owner.
Where a change is issued pursuant to a change required by the Owner, the Price shall be adjusted by the net amount of any direct savings and direct cost plus Overhead & Profit Percentage not to exceed 15% combined, attributable to the Change Order, and the time for performance of the Work may be adjusted according to the Contract Documents, subject, however, in each case to the following limitation: Where the Work affected by Change Order is the subject of unit prices as scheduled herein, the Price adjustment shall be limited to the amounts obtained by applying such unit prices to the actual increase or decrease in the quantity of units due to the change which will include all overhead and profit.
As used in this contract, Contractor’s direct savings and direct cost shall mean and be limited to the actual amount of the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; worker’s compensation insurance; bond premiums if and to the extent actually increased; and actual rent not greater than the rent charged in the locale, or reasonable value of Contractor-owned equipment and machinery.
If the parties are able to agree upon the amount of the Price adjustment and the extent of any time adjustment, such adjustment shall be set forth in the Change Order which shall be accepted by Contractor. Any adjustments to Price or time shall be subject to ultimate determination in accordance with this contract; and Contractor shall keep a detailed account of the direct savings and direct cost due to the changed Work separately from its other accounting records and shall make such records available to the Owner at Owner’s request. Failure to keep adequate and separate cost records of the changed Work, and to furnish same to Owner upon its request, shall constitute an acceptance on Contractor’s part of the Owner’s determination of the direct savings and direct cost of such changed Work. In no event shall
Contractor proceed with changed Work without a Change Order issued pursuant to this and Owner shall not be liable for any additional costs incurred or delays encountered in the performance of such changed Work without such a written Change Order.
Contractor agrees to notify its surety or sureties of increases in the Price and to take such action as is required to have the penal amount of the bonds furnished pursuant to this paragraph increased correspondingly.
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.
Not Applicable.
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.
Not Applicable.
All written notices provided for in this contract or in the Contract Documents shall be deemed given if delivered personally to a responsible representative of the party, sent by telegram, fax with fax acknowledgment, or by regular mail to the party at its address specified herein. Either party may from time to time, by notice to the other as herein provided, designate a different address to which notices to it should be sent.
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.
Contractor shall not assign this contract or any monies due or to become due hereunder without the prior written consent of Owner. No assignment by Contractor of any right hereunder shall be effective and any such attempt shall be null and void. No third party shall have any right to enforce any right of Contractor under this contract. If Owner gives written consent to an assignment of this contract, in whole or in part, Contractor shall not be relieved of its duties and obligations hereunder and shall be and remain fully responsible and liable for the acts and omissions of its assignees. Nothing herein shall prevent Contractor from engaging subcontractors to perform a portion of the Work hereunder. However, Contractor shall be and remain as fully responsible for all persons directly or indirectly employed by such subcontractors, as Contractor is for its own acts and omissions and those of its agents, servants, and employees. Additionally, nothing herein shall prevent any guarantor or surety of Contractor from enforcing any right hereunder after acknowledgement of its obligation as guarantor or surety. Any attempted enforcement of such rights in the absence of an express acknowledgement shall constitute an admission by any guarantor or surety of its obligations under its agreement of guarantee or surety ship.
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.
Not Applicable.
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.
Not Applicable.
Not Applicable.
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.”
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.”
Not Applicable.
Not Applicable.
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.
Not Applicable.
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.
Contractor shall, at its own expense, obtain all necessary licenses and permits pertaining to the Work and comply with all statutes, ordinances, rules, regulations and orders of any governmental or quasi-governmental authority having jurisdiction over the Work or the performance thereof, including, but not limited to, those relating to safety, wages, discrimination and equal employment opportunity. Contractor shall promptly correct any violations of such statutes, ordinances, rules, regulations and orders committed by Contractor, its agents, servants and employees; and Contractor shall receive and respond to, and shall defend, indemnify and save harmless Owner, as well as anyone to whom Owner is obligated, and their agents, servants and employees from and against any loss, liability, or expense arising from, any such violations and any citations, assessments, fines, or penalties resulting there from. See applicable SBCCI codes and NEC (latest edition). Contractor shall comply with all governmental environmental requirements and revisions to same such as refrigerant collection and capabilities, asbestos removal, etc.
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:
Not Applicable.
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.
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.
Contractor agrees that the prevention of accidents to persons engaged upon or in the vicinity of the Work is its responsibility. Contractor shall establish and implement safety measures, policies and standards conforming to those required or recommended by governmental or quasi-governmental authorities having jurisdiction.
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.
Not Applicable.
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.
Contractor shall, at its own expense: (a) keep the premises at all times free from waste materials, packaging and other debris accumulated in connection with the Work by collecting and removing such debris from the job site on a daily or other basis requested by Owner; (b) at the completion of the Work in each area, sweep and otherwise make the Work in its immediate vicinity "broom-clean;" (c) remove all of its tools, equipment, scaffolds, temporary structures and surplus materials as directed by Owner at the completion of the Work; and (d) Contractor agrees to provide all cleaning and cleanup required under the Contract Documents pertaining to the Work to the extent such requirements are in excess of those contained in this paragraph.
In compliance with the Georgia Electronic Records and Signature Act Electronic, O.C.G.A. § 10-12-1, et seq., electronic signatures are permitted.
All temporary site facilities, such as storage, sheds, water, heat, light, power, toilets, hoists, elevators, scaffolding, cold weather protection, ventilating, pumps, watchman service, etc., required in performing the Work shall be furnished by Contractor.
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.
The Purchasing/Procurement Services Department will take reasonable steps to ensure that known perspective bidders have all applicable addenda. However, it is the ultimate responsibility of the bidder/proposer to ensure that they have all applicable addenda prior to bid/proposal submission. All bidders/proposers are encouraged to contact the Purchasing/Procurement Services Department prior to finalizing their submission.
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.
Not Applicable.
Not Applicable.
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.
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.
Contractor shall at all times provide first-quality, new materials (unless otherwise specified in the Contract Documents) and workmanship conforming to the Contract requirements. Contractor shall at all times provide proper facilities and an opportunity for the inspection of the Work by Owner and its representatives. Contractor shall, within forty-eight (48) hours after receiving written notice from Owner, proceed to take down and remove all portions of the Work which Owner shall have condemned as unsound, improper, or in any way failing to conform to the Contract Documents or this Contract and shall replace the same with proper and satisfactory Work and make good all work damaged or destroyed thereby. Owner's failure to discover or notify Contractor of defective or nonconforming Work at the time the Work, or portion thereof, is performed or completed shall not relieve Contractor of full responsibility for replacement of the defective or nonconforming Work and all damages resulting there from.
Contractor warrants and guarantees the Work to the full extent provided for in and required by the Contract Documents. Without limiting the foregoing or any other liability or obligation with respect to the Work, Contractor shall, at its expense and by reason of its express warranty, make good any faulty, defective, or improper parts of the Work discovered within one year from the date of installation. Contractor warrants that all materials furnished hereunder meet the requirements of the Contract Documents and impliedly warrants that they are both merchantable and fit for the purposes for which they are to be used under the Contract Documents.
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.
Approval of drawings or other submittals by Owner shall not relieve Contractor of its obligation to perform the Work in strict accordance with the Contract Documents or its responsibility for proper matching of the Work to contiguous work.
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.
Contractor shall defend, indemnify and save harmless Owner from any lien or claim of lien filed or maintained by any laborer, material man, subcontractor, or other person or entity directly or indirectly acting for, through, or under Contractor, against the Project or any part thereof or any interest therein or against any monies due or to become due from Owner to Contractor. Without limiting the foregoing, Contractor shall cause any such lien or claim of lien to be satisfied, removed, or discharged by bond, payment, or otherwise within such time as provided under the Contract Documents or ten (10) days from the date of receipt by the Owner, whichever is shorter.
The term of the contract will be for a period of three (3) years from the date of award.
Contractor shall defend, indemnify and save harmless Owner, from and against any claim, cost, expense, or liability (including attorneys' fees) arising out of or resulting from infringement or alleged infringement of any patent rights attributable to the Work.
The contract will be renewable, at the option of the County, and upon written agreement by the vendor for up to three (3) additional one (1) year terms. However, the total duration of this contract, including the exercise of any options, shall not exceed six (6) years (basic three (3) year term and three (3) one (1) year options). The submitted bid shall become part of the contract.
In accordance with O.C.G.A. 36-60-13 (a) and Article 9, Section 5, Part I of the Georgia Constitution (1983), this contract shall terminate absolutely and without further obligation on the part of the County at the close of the initial term of this contract and at the close of each succeeding term for which it may be renewed.
This contract shall be deemed to obligate Cobb County, Georgia, only for those sums payable during the original term of execution or, in the event of a renewal by Cobb County, Georgia, for those sums payable in the individual year period renewal term. It shall not be deemed to create a debt of Cobb County, Georgia, for the payment of any sum beyond the original term of execution or, in the event of a renewal, beyond the year of such renewal.
Prices shall remain firm for the duration of the initial Contract period. Reasonable price changes based on market conditions and price/cost analysis may be made after the initial Contract period. The Contractor shall supply documentation satisfactory to Cobb County, such as: documented changes to Producers Price Indexes; Consumer Price Indexes; or a manufacturer’s published notification of price change(s).
Contractor agrees that where its Work is stopped, delayed, or interfered with by strikes, slow-downs, or similar interruptions or disturbances (including cases where the Contractors employees are engaged in a work-stoppage solely as a result of a labor dispute involving Owner or others and not in any manner involving Contractor,) Owner shall have the rights and remedies provided for herein. Contractor shall maintain and exercise control over all employees engaged in the performance of the Work, and Contractor shall, to the extent permitted by law, remove or cause to be removed from the Project any employee whose presence is detrimental to the orderly prosecution of the Work. Contractor shall take all necessary steps to restrain and enjoin any illegal picketing, demonstrating, violence, or similar activity against the Contractor at the Project.
Owner shall not be liable or responsible for loss or damage to the equipment, tools, facilities, or other personal property owned, rented, or used by Contractor, or anyone employed by or through Contractor, in the performance of the Work; and Contractor shall maintain such insurance and take such protective action as Contractor deems desirable with respect to such property. Owner shall not be liable or responsible for any loss or damage to the Work, and Contractor shall be responsible for the correction or restoration of any such loss or damage to the Work, or to the work of Owner or any other contractor, resulting from the operations of Contractor, or its subcontractors, agents, servants, or employees hereunder. Contractor shall take all reasonable precautions to protect the Work from loss or damage prior to acceptance by Owner.
Should Contractor at any time: (a) fail to supply the labor, materials, equipment, supervision and other things required of it in sufficient quantities and of required quality to perform the Work with the skill, conformity, promptness and diligence required hereunder; (b) cause interference, stoppage, or delay to the Work or any activity necessary to complete the Work; (c) become insolvent; or (d) fail in the performance or observance of any of the covenants, conditions, or other terms of this Contract, then in any such event, each of which shall constitute a default hereunder by Contractor, Owner shall, after giving Contractor notice of default and twenty-four (24) hours within which to cure, have the right to exercise any one or more of the following remedies:
(i) require that Contractor utilize, at its own expense, overtime labor (including Saturday and Sunday work) and additional shifts as necessary to overcome the consequences of any delay attributable to Contractor's default;
(ii) attempt to remedy the default by whatever means Owner may deem necessary or appropriate, including, but not limited to, correcting, furnishing, performing, or otherwise completing the Work, or any part thereof, by itself or through others (utilizing where appropriate any materials and equipment previously purchased for that purpose by Contractor) and deducting the cost thereof (plus an allowance for administrative burden equal to fifteen percent (15%) of such costs) from any monies due or to become due to Contractor hereunder;
(iii) after giving Contractor an additional seventy-two (72) hours’ notice (at any time following the expiration of the initial twenty-four (24) hour notice and curative period), terminate the Contract, without thereby waiving or releasing any rights or remedies against Contractor or its sureties, and by itself or through others take possession of the Work, and all materials, equipment, facilities, plant, tools, scaffolds and appliances of Contractor related to the Work, for purposes of completing the Work and securing to Owner the payment of its costs (plus an allowance for administrative burden equal to fifteen percent (15%) of such costs) and other damages under the Contract and for the breach thereof, it being intended that Owner shall, for the stated purposes, be the assignee of and have a security interest in the property described above to the extent located on the Work site; or:
(iv) call upon the surety, if applicable, to perform in accordance with the performance bond.
(v) recover from Contractor all losses, damages, penalties and fines, whether actual or liquidated, direct or consequential (including without limitation any increase in Owner's cost of insurance resulting from Contractor's failure to maintain insurance coverage’s required hereunder), and all reasonable attorneys' fees suffered or incurred by Owner by reason of or as a result of Contractor's default.
After completion of the Work by the exercise of any one or more of the above remedies and acceptance of the Work by Owner, Owner shall promptly pay Contractor any undisbursed balance of the Price, if any. If the cost of completion of the Work plus the allowance for administrative burden, together with any other damages or losses sustained or incurred by Owner, shall exceed the undisbursed balance of the Price, Contractor and its guarantors, surety, or sureties shall pay the difference within fifteen (15) days of written demand from Owner.
The foregoing remedies shall be considered separate and cumulative and shall be in addition to every other remedy given hereunder or under the Contract Documents, or now or hereafter existing at law or in equity. Contractor's guarantors, surety, or sureties agree to be bound to Owner with respect to such remedies notwithstanding any provision of the bonds as described herein.
Except as limited by this Contract, Contractor shall have the rights and remedies available at law or in equity for a breach of this Contract by Owner. Any default shall be deemed waived unless Contractor shall have given Owner written notice thereof within five (5) days after the occurrence of such default. Contractor shall not be entitled to stop the Work or terminate this Contract on account of Owner's failure to pay an amount claimed due hereunder (including payment for claimed changed Work) so long as Contractor shall not have adequately substantiated the amount due or so long as a good faith dispute exists as to the amount due. Contractor shall not be entitled to stop the Work on account of a default by Owner unless such default shall have continued for more than ten (10) days after Owner's receipt of written notice of such default from Contractor, specifying in detail the nature of the default and the steps necessary to cure the claimed default.
Contractor shall not be entitled to terminate this Contract except for a substantial and material breach by Owner which shall have continued, uncured, for at least an additional thirty (30) days after (a) Contractor shall have stopped working in accordance with this paragraph and (b) Owner shall have received thirty (30) days written notice of Contractor's intention to terminate this Contract.
Should any termination for default under paragraph (iii) be determined to be invalid, improper or wrongful, such termination shall be deemed to have been a termination for convenience as provided herein.
If a dispute should arise between Owner and Contractor under or related to the Contract, or the breach thereof, then either party may seek redress of its grievances as to such disputes at law or in equity or by arbitration if both parties agree after default or breech to arbitrate. The award rendered by arbitrators shall not be final or binding. Contractor agrees to continue to perform its Work despite the existence of disputes. The existence of a dispute shall not be grounds for any failure to perform by Contractor nor limit the right of Owner to proceed, in good faith, to remedy any default by Contractor.
Owner reserves the right to audit the Contractor's records in the event of a dispute.
All parties agree that disputes shall be resolved in the State of Georgia, County of Cobb. In the event of a dispute over Change Order or other work, the Owner will notify the Contractor of the dispute, in writing. No interest shall accrue on the billings until the dispute is resolved by both parties.
If Contractor is, or hereafter begins, performing any other work for Owner other than the Work under this Contract and the unpaid balance of the Price becomes insufficient to complete such Work or compensate Owner for any damages or deficiencies by the Contractor in the performance of the other work, Contractor hereby consents and agrees to allow Owner, in its sole discretion and judgment, to setoff any of Owner's claims against any funds due, or which may become due, Contractor under any other agreement with Owner, or any contract on any other project. No refusal or failure of Owner to exercise its rights hereunder shall constitute the basis of any right or claim against Owner.
(a) All matters relating to the validity, performance, or interpretation of this Contract shall be governed by the laws of the State of Georgia, performance, or interpretation, as the case may be, of the Contract.
(b) This Contract, including the documents incorporated herein by reference, embodies the entire agreement of the parties and supersedes all prior negotiations, agreements, and understandings related to the subject matter hereof. This Contract supersedes any and all representations or statements contained on "work order" or "receiving" tickets, etc. that Owner's representative might sign as requested by Contractor's servicemen. Any signatures of this type will only serve to document that Owner is aware that serviceman was present on the job at the time. Any Purchase Orders that the Owner may issue are to establish payment authority for internal accounting purposes and do not change any of the terms or conditions of this agreement.
(c) This Contract may not be changed in any way except as herein provided or by writing a signed by a duly authorized officer or agent of each party. No requirement of this Contract may be waived except in writing signed by a duly authorized officer of the waiving party.
(d) The provisions of these Contract Documents are intended to supplement and complement each other. If, however, any provision of these Contract Documents irreconcilably conflicts with another provision of the Contract Documents, the provision imposing the greater duty on the Contractor shall govern. In case a provision of this Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
(e) Where the context requires, neuter terms used herein shall include the masculine and feminine, and singular terms shall include the plural, and vice versa.
(f) Materials and system types may designate specified manufacturers and models. Substitution may be allowed if demonstrated by vendor to be equal or superior. All materials incorporated into the work shall be new unless otherwise specified herein or approved in special circumstances by Owner.
(g) The Owner is required to make certain decisions that may come up during the course of the job. Depending on the timing, this could take several weeks before an available scheduled commission meeting and resolution may be rendered. This delay shall not give rise to damages, but may extend the time to complete the work.
(h) The Contractor represents that any reference by the Contract Documents to Cobb County as supplying utilities, permits, licenses, approvals, procedures or items of any nature whatsoever are included with the Contractor's cost and shall not be construed to mean that the cost of such items will be paid by Cobb County.
(i) During the course of the work, Contractor shall address concerns and questions to the Cobb County Parks, Recreation & Cultural Affairs Department and shall not take direction from any other persons or departments at any time. It is the Owner's intention that the Contractor take the Bid Documents as they are and provide complete servicing. Any additional drawings, documents, engineer stamps, etc., requirements that the Contractor may require are the responsibility and shall be provided by the Contractor.
(j) This Contract is entered into in Cobb County and all services under this Contract are capable of being performed and are to be performed in Cobb County, Georgia. Therefore, the parties agree that Cobb County is the proper venue for the resolution of disputes.
(k) All costs related to the preparation and submittal of a response to this request for bids are the responsibility of the respondent and will not be assumed in full or in part by Cobb County. The Owner makes no representation or guarantee by the issuance of this request for bids that this project will be funded and/or performed.
Contractor shall provide signage to advertise SPLOST project. V-shaped sign shall be mounted on (3) 4x4x10’ pressure treated posts - (2) single sided 6mm ACM panels with digital over4lay and UV laminate. Graphics shall be provided by PARKS. An 811-dig order will be required.
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
Full Service Monthly Maintenance Contract for HVAC for Cobb County Aquatic Centers
Cobb County Procurement Services Department
Sealed Bid #26-6990
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:
REFER TO SPECIAL TERMS AND CONDITIONS FOR QUALIFICATION REQUIREMENTS
Please include the following information for at least 3 similar projects.
Name of project:
Summary Project Description:
Address of project:
Contact person with Owner:
Current phone number and email address:
Completion date:
(Corporation, Sole Proprietorship, Partnership, LLC, 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 download the below documents, complete, and upload.
Example: tree pruning at the parks
Format: $4,000.00
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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