Active SLED Opportunity · GEORGIA · COBB COUNTY, GA
AI Summary
Cobb County seeks bids for grounds maintenance services at multiple government facilities, including mowing, fertilization, pest control, pruning, and irrigation maintenance. The contract starts October 1, 2026, for 36 months with options to renew up to 5 years. Bids due May 28, 2026.
Cobb County (“County” or “Owner”) is soliciting bids from qualified vendors (“Vendor” or “Contractor”) to provide an annual contract for Grounds Maintenance Services for selected Cobb County Government Facilities per the specifications contained herein. The list of facilities includes multiple departments, in multiple locations, but all facilities are located within the geographic boundaries of Cobb County.
Contractor shall include full landscaping services for all buildings, adjacent landscaped area, and parking lots, etc. Upon award of the Contract, Contractor shall supply the Owner with a facility schedule for service.
Mowing of all primary turf areas shall be done weekly during the growing season: Warm season turf from May 1st to October 15th and cool season turf from March 1st to November 30th, and as needed during the off season. Either a reel/rotary or mulching mower shall be used for turf to produce a neat manicured appearance. Grass clippings shall be caught and bagged when necessary to prevent an accumulation of harmful thatch. The range of cutting heights is 2.5” to 3.5” for Tall Fescue and 0.5” to 1.5” for Bermuda.
All downtown turf areas and turf areas at other locations of less than 100 square feet (i.e. parking lot islands and areas bordered by buildings and sidewalks) shall be mowed with a push mower, with a bag attachment.
Primary turf areas mean those turf areas that require mowing with a riding or push mower or are otherwise designated as such by the Owner. Secondary areas are those areas designated by the Owner as not being Primary or Tertiary classifications. These areas shall require service once every 14 days with such services typically consisting of power scything seed-heads, mechanical and chemical control of noxious weeds or other methods approved by the Owner. Tertiary areas are those natural areas along property boundaries or wooded areas that do not require scheduled maintenance. Tertiary areas shall be periodically maintained to prevent unsightly or unsafe overgrowth or encroachment into Primary and Secondary areas. Tertiary areas shall include rough terrain, retention areas, woodland edges, and nature trails.
Contractor is responsible for all damage to signs, buildings, trees, shrubs, turf, and vehicles caused by mowing.
Edging of all concrete and paved surfaces within the primary turf areas and all mulch beds shall be performed weekly during the growing season. Turf shall be edged around sprinkler heads to allow proper watering, as needed. At no time shall a line weed eater be used to edge bed lines or curbs. Chemical trimming (with a total kill herbicide) of Owner-designated areas shall be performed as needed during the growing season. Contractor is responsible for all damage to signs, buildings, trees, shrubs, turf, and vehicles caused by edging.
Natural and man-made debris shall be removed once a week, throughout the year, from all entrances, turf areas, ornamental beds, landscaped areas, and paved areas. Dead plant material up to 15’ in height shall be removed at each service. Leaf removal shall be provided weekly throughout the year as may be required. Removal means taken away from the site, not blown into the street or onto adjacent property. Removal of leaf and natural debris on the grounds of 100 Cherokee Street and CobbLinc’s Marietta Transfer Center (800 South Marietta Pkwy) shall be performed twice weekly during the fall leaf season at the request of the Owner.
The use of a gasoline powered leaf blower in the vicinity of the HVAC fresh air intake at Cobb County Building A (100 Cherokee Street) will require scheduling and coordination with the Owner’s representative to prevent fumes from being drawn into the building.
Three (3) applications of slow release fertilizer including micronutrients (i.e. manganese, iron, zinc, copper, etc.) and trace minerals shall be applied to all primary turf areas as specified by soil analysis. Applications for cool season turf shall occur in March, June, October while applications for warm season turf shall occur in May, July, August.
Lime shall be applied to all primary turf areas, shrub beds, and tree beds annually, in September or October, as specified by soil analysis. Soil analysis shall be performed annually by the Contractor to determine types and application rates of fertilization and lime for specific turf areas, shrub beds, and tree beds.
Ornamental trees and shrubbery shall be fertilized two (2) times a year – April or May and July or August. Annuals and perennials shall be fertilized once every 30 to 45 days through the growing season. Mature plant material may fluctuate from this fertilization schedule.
Additional nutrients shall be applied when appearance and/or soil analysis indicates.
Scalping and/or dethatching of all warm season turf areas shall be performed in the spring of each year, before green up starts. Removed thatch and clippings shall be removed from the property.
Contractor shall aerate soil to a depth of two to three inches (2-3”), in two directions, perpendicular to each other. Aeration of warm season turf areas shall be performed in the spring, as conditions dictate, to maintain a high standard of appearance. Aeration of cool season turf shall be done once per year in the fall. Contractor shall use a machine that cultivates and plants at the same time or use a coring machine, plus a vertical mower, to break up the soil cores.
Reseeding of cool season turf areas shall be performed in September or October of each year. Contractor shall seed with a hybrid fescue at a rate of 2 to 5 pounds per 1000 square feet as indicated by the condition of the turf.
Warm season turf shall need over seeding with rye, on bare spots, to prevent washing.
Three (3) applications of pre-emergent herbicide shall be applied to all primary turf areas and mulch beds to prevent germination of certain seasonal weeds. The first application must be applied in February or March to all primary turf areas and mulch beds. Another application must be applied in May or June to all primary turf areas and mulch beds. A third application must be applied in September or October to all primary turf areas and mulch beds.
Post-emergent herbicide shall be applied as needed to all primary turf areas and mulch beds to kill existing weeds. Applications shall not be applied during stressful environmental conditions.
Post-emergent herbicide shall be applied to all crack weeds in paved areas.
Manual removal of all weeds in mulch beds, flowerbeds and crack weeds in paved areas shall be required as to maintain a high standard of appearance.
Insect and disease diagnosis and control shall be done as needed on all turf, all ornamental shrubs, trees (up to 15’ in height), perennials and annuals. Preventive measures shall be taken for insect and disease control as timing dictates.
A preventive insecticide shall be applied to plants susceptible to scale, in early March, to include needled Evergreens, Junipers, Euonymus, Hollies, Cherries, Oaks, and Maples. Pesticides shall be applied under the supervision of a certified applicator. Other applications of pesticide shall only be applied as needed, when pests or disease are detected through the regular inspections. Spraying operations shall cover material up to a height of 25 feet.
Treatment of active ant beds shall occur on each visit. Soil shall be leveled, and appearance of bed shall be eliminated after the bed has become inactive.
The broadcasting of a granular bait type product in the spring and fall shall be required to control fire ants.
Shrubbery (up to 15’ in height), annuals and perennials must be kept trimmed to present a high standard of appearance in keeping with the overall design. Pruning of ornamental tree species (up to 15’ in height) must be done in late winter. Spring flowering shrubs shall be pruned after the bloom while summer flowering shrubs shall be pruned during the growing season. Clippings shall be removed the same day. Pruning shall be performed in such a manner and method as to maintain a high standard of appearance. Vines and other noxious weeds shall be removed from all shrubbery.
Low hanging limbs that impede the flow of traffic shall be removed as needed.
Fences must be kept clean and clear of all plant material.
Contractor shall be responsible for replacement of plants, flowers, sod, etc. due to Contractor’s maintenance or service errors (e.g. If the tire of a zero-turn mower removes the grass, leaving a bare spot, the bare spot must be replaced by healthy sod within seven (7) days).
Contractor shall be responsible for removal of plant material (up to and including 15’ feet in length) killed and/or damaged during periods of extreme conditions. These conditions shall include ice or windstorms.
Flournoy Park, at the south entrance to the atrium in the downtown area, is not a part of this contract.
Weekly visits and inspection of sites, selected by the Owner’s representative, shall be held with the Contractor’s representative to ensure that all tasks are being performed in accordance with the Contract. A report of the improvements and/or corrections noticed during the visits and inspections shall be submitted to the Owner by the Contractor’s representative, on the Contractor’s letterhead, to be used for follow-up visits and inspections. Weekly visits and inspections may be cancelled or rescheduled by the approval of the Owner’s representative only. When deemed necessary, the Owner may request a meeting with the Contractor to discuss any issues pertinent to the contract.
Whenever the Contractor arrives at a site to perform work, it shall be the responsibility of the Contractor’s representative to inform the Owner’s representative, at each site, of the Contractor’s scheduled activities. After tasks are completed, the Contractor’s representative shall again contact the Owner’s site representative and, using a checklist that describes in layman’s terms all tasks that were accomplished, review the list with the designated person on site. Anything that is scheduled to be completed but is not completed shall be noted on the checklist as to the reason why it was not completed. It will be at the discretion of the Owner’s site representative to walk the site with the Contractor to ensure accuracy of the checklist. After receiving the signature of the Owner’s site representative, the Contractor will leave a copy with the Owner’s site representative.
The originals from all signed checklists must be delivered to the Cobb County Property Management Department (1150 Powder Springs Road, Suite 200, Marietta, GA 30064) each Monday. These checklists will be used in determining payment approvals. Any contracted tasks that are not completed for any reason, including inclement weather conditions, must be completed immediately following the resolution of reasons for not completing the tasks specified in the contract. All tasks that are not completed on scheduled visits shall be completed by use of extra labor forces, longer workdays or workweeks, or whatever measures necessary to meet the terms of the contract and to keep up the expected high standard appearance of each location.
Contractor shall provide to the Owner’s representative, for approval, a detailed schedule of activities outside the scope of weekly maintenance (i.e. fertilization, mulching, aeration, reseeding, color installation, etc.) 15 days prior to performing the tasks.
B. Mulching (part of Basic Services)
Major mulch applications must be done for all sites on the basic services list with the sole exception of Fire Headquarters. Facilities listed under the separate heading of Mulch Services on the Bid Form shall receive one (1) mulch application by the end of April. All other facilities shall receive two (2) applications of pine straw; the first application shall be done by the end of April with the second application done by the end of November. A minimum of 5,000 bales of pine straw shall be used to achieve a minimum depth of three (3) inches by each major application. Touch-up mulch applications shall be applied throughout the year, as conditions warrant and Owner dictates, to maintain a 3-inch depth. Contractor shall provide, at his expense, whatever materials, labor, or equipment shall be required to accomplish the work. All excessive sticks, pinecones, etc. shall be removed from mulch and edges shall be rolled and tucked.
C. Irrigation Operation, Inspection and Repair
Contractor shall be responsible for the startup, periodic inspections, and shutdown of the irrigation systems. Startup shall include turning on the system, inspecting system for proper operation, and adjusting heads to provide proper coverage of the turf and/or bed areas. Contractor shall be responsible for setting the timing devices to operate the irrigation systems at the most efficient times and/or in accordance with any watering restrictions. Startup shall be performed from April 15th to May 15th. Contractor shall be responsible for two (2) periodic inspections of the irrigation systems and for informing owner of malfunctions and cost of repairs. During the startup and periodic inspections, the repairs must be completed in order for the Contractor to get paid. The Owner’s representative will schedule periodic checks. Contractor shall be responsible for shutdown of the irrigation systems. Shutdown shall include turning off the system and draining the system to prevent damage due to freezing temperatures. Shutdown shall be performed from October 15th to November 15th.
Contractor shall check irrigation control boxes weekly for proper settings.
D. Contractor Identification Requirements
Whenever working on Cobb County properties, Contractor shall ensure the following:
The entire bid documents, including all terms, conditions, requirements, specifications, drawings, sample documents and any addenda thereto shall be deemed to compose the Project Manual. References to the Project Manual, Contract or Contract Documents, Bid or Bid Documents, etc. shall be construed to be mutually inclusive.
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.
I. Bonds
A bid bond, for no less than 5% of the base bid amount for the total cost of basic services for all facilities for Year One must be submitted with your bid response. Failure to submit appropriate bonding will result in automatic rejection of bid. A cashier’s check or certified check are acceptable. No other form of bid security will be accepted.
A one hundred percent (100%) performance bond and a one hundred percent (100%) payment bond shall be furnished to Cobb County for any bid as required in bid package or document. 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. The successful bidder’s security will be retained until signed Contract and required insurance documents and bonds have been received by the Owner. The Owner reserves the right to retain the bid securities of all bidders until the successful bidder enters into a contract with the Owner.
The required 100% Performance Bond and Labor and Material Payment Bond, or other instruments allowed by law and accepted by Owner, must be secured and submitted prior to signing the Contract, and prior to the anniversary date for any renewal terms of the Contract, each in the amount of 100% of the Annual Contract Sum. Bonds shall be submitted on bond forms provided by the Owner, samples of which are included in this bid package, and must be written by a surety company licensed to do business in the State of Georgia, have an “AM Best” rating of “A” or better, appear on the current U.S.
Treasury Department list of sureties that are acceptable on bonds for the Federal Government (Circular 570) and have recommended Bond limits equal to or in excess of those required for this project; or otherwise acceptable to the Owner.
II. Contract
This entire bid package and any subsequent addenda hereto shall constitute the Project Manual for contracts and services resulting from this bid.
The Owner may choose to issue multiple contracts under this Bid. The Contractor to whom the Contract is awarded shall, within ten (10) calendar days after Notice of Award and receipt of Contract forms from the Owner, sign and deliver required copies to the Owner.
At or prior to delivery of the signed Contract(s), the successful Contractor shall provide to the Owner the required insurance documentation, and payment and performance bonds. Insurance and bonds must be approved by the Owner before the Contractor may proceed with the Work, with such approval being issued either as a written “Notice to Proceed” or by return of the fully signed Contract and Owner’s Purchase Order funding the Work.
III. Contract Term
Contract awarded as a result of bids submitted under this Sealed Bid shall extend from the date of award for a period of 12 full months. Contract is renewable, at the option of the County, and upon written agreement by the Vendor. However, the total duration of the contract, including the exercise of any options, shall not exceed five (5) years (basic three (3) year term and two (2) one (1) year options). Contract will begin October 1, 2026.
IV. Required Federal Transportation Administration Attachments and Certifications
CobbLinc, the Transit Division of the Cobb County Department of Transportation, is a participant in this bid and a separate contract will be issued for grounds maintenance at Transit facilities. Federal Transportation Administration (FTA) requirements are applicable to all bids submitted, and all contracts and work resulting therefrom, on behalf of CobbLinc. These requirements are included as an attachment to this bid, identified as Federal Transit Administration (FTA) – Federal Clauses. By signature on the bid submittal form, Bidder warrants that they consent to meet these requirements in order to be considered for award of the contract for CobbLinc facilities.
Where the listed FTA requirements are in conflict with other bid or contracting requirements of the Cobb County Board of Commissioners, the FTA requirements shall govern only for work separately contracted on behalf of CobbLinc.
V. Contractor Identification Requirements
VI. Damage to Property
Contractor shall be responsible for all damage caused to signs, buildings, trees, shrubs, turf, vehicles, or any other property damaged while performing work herein, while maintaining all areas.
Contractor is responsible for all damage to signs, buildings, trees, shrubs, turf, and vehicles caused by edging.
Contractor shall repair or replace damaged property within three (3) business days of accident at the Contractor’s expense.
Contractor shall provide a written statement to the Owner describing how the accident occurred and preventive measures the Contractor will take to prevent reoccurrence.
VII. COBB COUNTY SUSTAINABLE PRACTICES POLICY EXCERPT
Any application of chemical additions shall comply with the Sustainable Practices Policy as adopted by the Cobb County Board of Commissioners on February 24, 2009.
III. Landscaping and Grounds Maintenance Standards
B. Organic and Drought Tolerant Landscape Practices Policy: The County recognizes the importance of appropriate landscape practices for the protection of our water supply and our properties, and for the enjoyment of these resources by our citizens. Accordingly, the following policy is adopted for developing and managing county properties:
• Select plants that are regionally adapted to the average rainfall of the area. Ensure plants are planted appropriate to site characteristics: shade, proximity to building, slope of site, and size of planting area. Group plants with similar water needs together.
• When landscaping a new facility preserve established vegetation growing on a site; it has an extensive root system and requires less irrigation water than newly planted trees and shrubs. Group plants with similar water needs together. High water use plants should comprise no more than 30% of the site.
• Concentrate seasonal color in small, high impact areas to reduce overall water requirements.
• Use practical turf areas and turf grass that are best adapted to Cobb County’s climate. Plant selection and adaptation are the most important factors in planning, planting, and maintaining a landscape for water conservation. A properly selected grass species or cultivar is more likely to thrive and need fewer inputs (e.g., water, fertilizer, pesticides, etc.). Selection and adaptation include the influence of environmental factors as well as the ability of the turf grass plant to withstand periodic dormancy.
• Modify the root zone. Improvement in either the chemical or physical characteristics of the soil can reduce turf grass irrigation needs by enhancing infiltration of rainfall, increasing soil moisture retention, and promoting deeper rooting to reduce water leaching beyond the root zone. Soil needs to be amended with organic materials as needed to encourage water retention and deep root penetration. Unamended clay soils do not allow for deep root growth and requires excess water and maintenance. This practice involves understanding Cobb County’s soils. The water and nutrient holding capacity of soils are different. Clay soils of the Piedmont need to be modified or managed in order to increase water retention on the site, minimize run off, limit the need for fertilizer and encourage deep root growth.
• Base the irrigation system design on the site landscape design, water use zones, and water use of the matured landscape. An irrigation plan and irrigation system diagram should be left with the County when the job is finalized and approved.
• Upon completion of the irrigation system installation, conduct a field performance audit to determine distribution uniformity and precipitation rates for each zone. This field audit should be conducted by a certified landscape auditor with a current (CLIA) certification from the Irrigation Association. System efficiency rating of 75% or greater is required. The system should be adjusted to reach at least 75% efficiency.
• Perform a thorough irrigation system inspection annually. Every 3 years a full irrigation system audit by a certified irrigation auditor with a current (CLIA) from the Irrigation Association. At least a 75% irrigation system efficiency rating is required. The system should be adjusted and repaired to reach the 75% efficiency rating if it fails to meet that efficiency.
• Prepare the planting bed properly by deep tilling to a depth of 8 to 12 inches. When planting individual plants, dig a wide planting hole to provide a favorable rooting environment. A large planting hole and deep tilling will allow roots to expand more easily, and the plant will develop a strong root system, better able to sustain the plant during times of drought.
• Apply 3 to 5 inches of mulch on the soil surface after planting to conserve soil moisture and help maintain a uniform soil temperature, while preventing weeds that compete with plants for light, water, and nutrients. Fine-textured mulches prevent evaporative water loss better than coarse-textured mulches. For best water efficiency, mulch out to the drip line of plants (the outer edge of the leaves or branches) At least a 1-inch circumference bare area must be left around the base of the plant. Piling mulch against the trunk causes insect infestation and disease.
• Test soil to provide the best gauge for fertilization requirements of the landscape. Soil must be amended as indicated by the test to ensure plant health. A healthy landscape is more water efficient. Proper nutrition enables plants to better use available water and to conserve it during dry periods. Over-fertilization increases plant stress during times of drought.
• Inspect the site and identify the problem weeds and insects.
• Develop an appropriate control program for the target, problem weeds and insects.
• Select and use LEED™ approved, environmentally friendly fertilizers and weed and insect control chemicals when their use is required, and they are both cost effective and perform effectively.
Before submitting a bid, each bidder shall carefully read and examine the Project Manual, including all related documents, requirements, design specifications and drawings, and all sample contract documents. Each bidder shall attend the mandatory site visit and fully inform himself as to the conditions existing and limitations under which the Work is to be performed and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Project Manual. No allowances will be made to a bidder because of lack of such examination or knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.
The cost for developing each bid, proposal, or quote and participating in the solicitation is the sole responsibility of the bidder. County assumes no expense, responsibility, or obligation of bidder.
Delivery of Bids
Bids shall be submitted through the e-procurement portal on the Cobb County Procurement Services’ website, https://procurement.opengov.com/portal/cobbcoga. Physical, emailed or telegraphic/faxed bids will not be considered. Unsigned bids will not be considered.
Bids, including any revisions, must be received by the Procurement Services Department no later than the date and time set forth in the solicitation. It is the sole responsibility of the bidder to ensure that the bidder’s solicitation response is submitted to the County.
Specifications in Solicitation
Full identification of each item bid upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the bidder is offering. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness.
Prices Quoted
The price and all unit price(s) shown in bid, proposal, or quote shall be deemed to include all costs of bidder’s goods and/or performance of services as set forth in the bid documents, including, but not limited to, the costs of labor, supervision, travel, services, materials, equipment, tools, scaffolds, hoisting, transportation, storage, insurance, and taxes. A bidder’s response shall bind the bidder to furnish and deliver the goods and/or services quoted at the price(s) stated in accordance with the bid documents.
Price(s) quoted by a bidder shall be the bidder’s firm and best price(s) and must be valid for a minimum of ninety (90) days from the date of bid opening unless otherwise specified in the solicitation.
Unit price(s) for each bid, proposal, or quote shall be shown and such price(s) shall include shipping/delivery unless otherwise specified, along with a total and grand total, where applicable. In case of discrepancy between a unit price and extended price, the unit price will be presumed correct.
Discounts
Time payment discounts may be considered in arriving at net prices and in award of bids. Offers of discount for payment within ten (10) days following the end of the month are preferred.
County Furnished Services or Property
No material, labor, services, or facilities will be furnished by County unless so provided in the bid documents or solicitation.
Substitutions
Bidders offering and quoting substitutions or that deviate from the bid specification(s) shall list such deviation(s) on a separate sheet to be submitted with the solicitation response. The absence of such a substitution or deviation list shall indicate that the bidder has taken no exception to the specification(s) of the solicitation.
No Bid
If no item or service is bid on, a “Statement of No Bid” must be provided to County. The statement of no bid must be plainly marked “No Bid” and include the bid number. Where more than one item or service is listed, any items not bid upon must be indicated “No Bid”.
Contents of Bid After Submission
Each bidder is required to keep the contents of its response confidential once submitted to County until the award to the successful bidder is made or the solicitation is cancelled with no intent to rebid. Releasing any information regarding a bidder’s response to third parties or the media prior to the conclusion of the award process will be immediate grounds for County to reject the bid as non-responsive.
Cobb County reserves the right to revise processes as needed during emergencies or extenuating circumstances. Processes may include, but are not limited to, pre-bid conferences, and bid submittal.
All contractors wishing to submit bids for this work must submit a Qualification Statement to the Cobb County Procurement Services Department with their bid proposal (Vendor Questionnaire). This form is provided as part of the Bid Form. A bidder may be required to furnish additional evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of the Contract in a satisfactory manner. The roof systems must be applied only by those contractors who have received approval from the Material Manufacturer for such installations. No guarantees will be issued when installation has been performed by a non-approved contractor.
By submitting a response, a bidder hereby agrees to indemnify, defend and hold harmless County, its elected officials, departments, employees, and contractors from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys’ fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage, including but not limited to intellectual property claims, arising directly or indirectly from the submission of the bid hereunder to the extent such claims are caused by the negligence, recklessness or intentionally wrongful conduct of the bidder or its agents, employees, associates, subcontractors or others working at the direction of bidder. This indemnity obligation does not include liabilities caused by or resulting from the sole negligence of County. This indemnification obligation survives beyond the submission date of the bid and the dissolution or, to the extent allowed by law, the bankruptcy of the bidder.
Bid must be accompanied by a bid bond in an amount equal to no less than five percent (5%) of the Total Cost for the Work. Failure to submit appropriate bonding will result in automatic rejection of bid. The successful bidder's security will be retained until signed Contract and required certificates of insurance and bonds have been received by the Owner. A cashier’s check or certified check are acceptable. No other form of bid security will be accepted.
A 100% performance bond and a 100% payment bond must be secured and submitted prior to signing the Contract. Bonds shall be submitted on bond forms provided by the Owner. Samples are included in this bid package.
Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirements of the solicitation. The bonds shall be increased as the contract amount is increased.
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.
Contractor shall be responsible for all material deliveries, placement and clean up.
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.
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).
All references to vendors and "approved manufacturers" are included for description of quality and content of the designated equipment/materials as basis of design. Alternate items may be accepted if they meet all standards of quality and purpose for the intended use, as determined by the Owner unless specifically noted otherwise.
Substitution or equal product requests will not be considered during the bidding period. However, it is the intention to allow alternate products to be bid and incorporated into the project provided they meet all standards of quality and purpose of the intended use. Substitutions will be considered after award during the submittals process.
Unless otherwise stated by County, items shall be shipped “Freight on Board (F.O.B.) Destination”. Bidder shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, bidder assumes transportation and related charges either by payment or allowance.
There shall be at least one designated employee in a position of responsibility representing the Contractor on site at all times. Responsibilities of the designated employee include, but are not limited to planning, supervising, coordinating and inspecting all work by the labor force; acting as the primary liaison with the Owner; discussing the work with the Owner and regulating authorities; and translating from English to the language used by the workforce. Refer to Article 3 of Chapters 2 and 3 of the Contract for Construction for additional information.
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.
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.
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.
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.
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.
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.
The insurance limits provided in the Sample Contract for Services contained within the bid documents shall govern over those limits shown in the COBB COUNTY GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS.
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.
Procurement Services Department will take reasonable steps to ensure that known perspective bidders have all applicable addenda. However, it is the ultimate responsibility of the bidder/proposer to ensure that they have all applicable addenda prior to bid/proposal submission. All bidders/proposers are encouraged to contact the Procurement Services Department prior to finalizing their submission.
Failure to observe any of the instructions or conditions in this solicitation may constitute grounds for rejection of a bid, including but not limited to, incomplete bid, bid received after the due date, or those not submitted as provided in the solicitation. County reserves the right to reject or accept any or all bids and to waive any technicality, informality, or irregularity at the County’s sole discretion, when to do so would be in County’s best interest. County also reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder, fails to satisfy County that such bidder is properly qualified or equipped to carry out the obligations of the solicitation.
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:
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.
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.
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.
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.
Any contract or purchase order shall begin and end on the dates specified in the solicitation, or as otherwise agreed, unless earlier terminated in accordance with the terms of the contract or purchase order. Pursuant to O.C.G.A. § 36-60-13, any contract or purchase order shall not be deemed to create a debt of County for the payment of any sum beyond the fiscal year in which the appropriations have been made.
The successful bidder understands that, in addition to compliance with O.C.G.A. § 36-60-13, any contract or purchase order with County shall include provision for termination for cause and for County’s convenience. The following is a sample of the provision:
“County may terminate this contract for cause upon ten (10) days’ prior written notice to the vendor of the vendor’s default in the performance of any term or condition of this agreement. Such termination shall be without prejudice to any of County’s rights or remedies by law.
County may terminate this contract at any time for any or no reason upon thirty (30) days’ prior written notice to vendor. The effective date of the termination shall be set forth in the notice. As the sole remedy for County’s termination for convenience, vendor shall be paid for any validated services or accepted goods delivered pursuant to this contract up to the time of termination. Vendor shall not incur new obligations upon receipt of such notice and shall cancel as many outstanding obligations as possible.”
The successful bidder understands that any contract or purchase order with County shall include a provision in which the vendor agrees to defend, indemnify, and hold County harmless. The following is a sample of the provision:
“Vendor covenants and agrees to take and assume all responsibility for the services or goods rendered in connection with this agreement. Vendor shall bear all losses and damages directly or indirectly resulting to it and/or County on account of the performance or character of the goods sold or services rendered pursuant to this contract. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold harmless County and County’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the goods sold or performance of contracted services, or operations by Vendor, any subcontractor, anyone directly or indirectly employed by Vendor or subcontractor or anyone for whose acts Vendor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of Vendor, its subcontractor, anyone directly or indirectly employed by Vendor or subcontractor or anyone for whose acts Vendor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Vendor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this contract, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this contract and applies notwithstanding any contrary provision.”
If a bidder desires to propose additional terms and conditions, including but not limited to a bidder-drafted contract, privacy policy, end user agreement, warranty, or invoice, then the bidder must disclose and submit those terms and conditions in writing with its initial solicitation response for evaluation by County via the e-procurement portal. Links, hyperlinks, or documents incorporated by reference are not allowed and will be rejected as nonresponsive.
If exceptions are taken to any part of the solicitation, sample contract, or purchase order, each exception must be stated in detail and submitted as part of the bidder’s response. Exceptions which give the bidder a competitive advantage or which reject mandatory bid requirements cannot be accepted. County has the discretion to accept or reject bidder’s exceptions, if any, and negotiate alternate terms. In no event is a bidder to submit its own standard contract terms and conditions as a bid, proposal, or quote to this solicitation unless requested to do so in the solicitation. County is under no obligation to consider terms or conditions proposed by the bidder that are not included in the bidder’s initial response and not disclosed in the manner as outlined in this paragraph. Said terms will be rejected by County as nonresponsive.
Alteration of County documents is strictly prohibited and will result in automatic disqualification of a bidder’s response. If there are “exceptions” or comments to any of the bid proposal documents, solicitation requirements, or otherwise, the bidder shall comply with the requirements outlined herein. See Additional Agreements, Alternate Terms, or Exceptions.
In no event will any term contained in a bid, quote, or document attached thereto or referenced therein, including exhibits, attachments, or hyperlinks, be valid or enforceable against County if it:
The 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.
Other cities and authorities located in Cobb County may be allowed to purchase identical items at the same price and upon the same terms and conditions, pursuant to the Intergovernmental Cooperative Purchasing Agreements entered into between County and Cobb County Governmental entities. These entities include the Cobb County Board of Education and Cities of Acworth, Austell, Kennesaw, Smyrna, Marietta, and Powder Springs and the Cobb County-Marietta Water Authority and the Cobb-Marietta Coliseum and Exhibit Hall Authority.
County encourages the participation of all businesses in offering their products and services with the goal of fairly and competitively procuring those products and services at the most reasonable cost. County seeks to build a diverse, inclusive, and prosperous group of suppliers who can effectively compete in business while obtaining quality goods and services in a competitive and efficient manner.
In compliance with the Georgia Electronic Records and Signature Act Electronic, O.C.G.A. § 10-12-1, et seq., electronic signatures are permitted.
Should these General Terms and Conditions be in conflict with any of the solicitation’s Special Terms and Conditions, the Special Terms and Conditions will control.
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.
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.
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.
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.
Contract awarded as a result of bids submitted under this Sealed Bid shall extend from the date of award for a period of 36 full months. Contract is renewable, at the option of the County, and upon written agreement by the Vendor. However, the total duration of the contract, including the exercise of any options, shall not exceed five (5) years (basic three (3) year term and two (2) one (1) year options). Contract will begin October 1, 2026.
Contract awarded as a result of bids submitted under this Sealed Bid shall extend from the date of award for a period of 36 full months. Contract is renewable, at the option of the County, and upon written agreement by the Vendor. However, the total duration of the contract, including the exercise of any options, shall not exceed five (5) years (basic three (3) year term and two (2) one (1) year options). Contract will begin October 1, 2026.
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
Grounds Maintenance Services for Cobb County Government Facilities
Cobb County Procurement Services Department
Sealed Bid #26-6985
AND HAVING VISITED THE SITE AND EXAMINED THE CONDITIONS AFFECTING THE WORK, HEREBY PROPOSES AND AGREES TO FURNISH ALL LABOR AND MATERIALS, EQUIPMENT, AND APPLIANCES AND TO PERFORM THE OPERATIONS NECESSARY TO COMPLETE THE WORK AS REQUIRED BY SAID PROPOSED CONTRACT DOCUMENTS, FOR ALL OF THE WORK IDENTIFIED AS TOTAL LUMP SUM QUOTE FOR ALL ITEMS AS SPECIFIED IN THE PRICING TABLE.
The authorized representative understands and agrees also to comply with and be bound by the entire contents of the Request for Bid including all Addenda.
Primary Bank:
Relationship officer responsible for account:
Telephone Number:
Prior projects with Cobb County:
1. Name of project:
Address of project:
Contact person with Owner:
Phone number:
2. Name of project:
Address of project:
Contact person with Owner:
Phone number:
Bonding Co.:
Bonding Co. Agency:
(Corporation, sole proprietorship, partnership, p.c.)
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
Please enter your Bid Bond information from Surety2000 below.
Please upload your bid bond here if not using Surety2000.
Format: Cobb County (“County” or “Owner”) is soliciting bids from qualified vendors (“Vendor” or “Contractor”) to _____________
Example: replace the roof at East Cobb Government Service Center
Format: 4400 Lower Roswell Road, Marietta, GA 30068
Select yes to show Scope of Work section in the Document Editor
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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