Active SLED Opportunity · GEORGIA · COBB COUNTY, GA
AI Summary
Cobb County, GA seeks bids for a 3-year contract with optional renewals to provide pest control services for county government facilities. The contract includes insect and rodent control, compliance with USDA and state regulations, and requires bonding and insurance. Bids due July 9, 2026.
Cobb County (“County” or “Owner”) is soliciting bids from qualified vendors (“Vendor” or “Contractor”) to provide an annual contract for Pest Control 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.
In addition to the contract term anticipated above and any termination for cause provision, the Owner reserves the right to cancel any contract with the Contractor at any time for its convenience and without cause by providing at least 30 days written notice to Contractor in which the date of termination shall be set forth. In the event such of cancellation of the contract, Contractor shall be entitled to payment for all approved services performed and materials provided prior to the termination date set forth in the notice of intent to cancel the contract, but shall be entitled to no further compensation or damages of any sort, including but not limited to lost profits or consequential damages. The Owner may also in its discretion and without any liability modify the contract to reduce or exclude certain services or materials to be provided in the contract and the price shall be equitably adjusted.
Prices shall remain firm for the duration of the initial contract term. Reasonable price changes based on market conditions and price/cost analysis may be made after the initial contract term. 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).
Cobb County will evaluate this information to determine if revising the pricing is considered fair and reasonable to the satisfaction of Cobb County. Requests for any such change must be received in writing by the Cobb County Purchasing Department thirty (30) days prior to the expiration of the original contract term. The County may cancel the contract if the price increase request is not approved.
Contract Period: Contract awarded as a result of bids submitted under this Sealed Bid shall extend from the date of award for a period of three (3) years.
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.
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).
Cobb County will evaluate this information to determine if revising the pricing is considered fair and reasonable to the satisfaction of Cobb County. Requests for any such change must be received in writing by the Cobb County Purchasing Department thirty (30) days prior to the expiration of the original contract term. The County may cancel the contract if the price increase request is not approved.
All price reductions at the manufacturers or distributors’ level shall be reflected in a reduction of the contract price(s) to Cobb County retroactive to the effective date of the price reduction(s).
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.
Contract is renewable, at the option of Cobb County Government, and upon written agreement by the vendor. However, the total duration of this contract, including the exercise of any options, shall not exceed five (5) years (three (3) years and two (2) one (1) year options).
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.
Contractor shall provide a full-service contract for pest control and preventive maintenance for all listed Cobb County Government facilities.
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.
B. 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.
C. 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 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 (initial three (3) year term and two (2) one (1) year options). Contract will begin October 1, 2026.
D. 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 pest control at the 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.
E. Proof of Competency
All Contractors wishing to submit bids for this work must demonstrate the skills, resources, and work history to show capability in performing the Work to meet the Owner’s specifications and needs of this Bid. To this effect, the following shall be included in the Contractor’s bid submittal:
F. Examination of the Documents and Site of Work
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 visit the site of the Work 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.
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.
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.
Since tests may require several days for completion, the 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.
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.
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.
Upon submitting a bid in response to an ITB containing a Cobb County Sample Contract as part of the requirements, it is understood that the bidder has reviewed the documents with the understanding that Cobb County requires that the successful bidder(s) shall enter into a contract that is substantially the same as the Sample Contract unless modified by agreement of the parties. If any exceptions are taken to any part of the Sample Contract, each exception must be stated in detail and submitted as part of the bid document. If no exceptions are stated, it is assumed that the bidder fully agrees to the Sample Contract in its entirety. The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final contract, and the County reserves the right to make changes to the Sample Contract. In no event is a bidder to submit its own standard contract terms and conditions as a response to this ITB.
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 Bid Documents, including, but not limited to, the costs of labor, supervision, travel, services, materials, equipment, tools, scaffolds, hoisting, transportation, storage, insurance and taxes.
Each bid is received with the understanding that selection as the successful bidder by the County does not constitute a written contract between the successful bidder and the County, but shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid upon execution of a written contract with the County authorized by the County Board of Commissioners and signed by the Chairman. Once a contract is executed by the proper authorities for each party, the County, on its part, may order from such contractor, and except for cause beyond reasonable control, pay for, at the agreed prices, all articles specified and delivered.
By submission of a bid, the vendor 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 Justice Department.
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).
By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief:
By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief:
For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration.
The successful responding firm shall require each of its sub-consultant(s) to sign a statement certifying to and agreeing to comply with the terms of the Sub-sections above.
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.
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.
The contract may be cancelled or annulled by the Purchasing Director in whole or in part by written notice of default to the contractor upon non-performance or violation of contract 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 contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on his bid, unless extending in writing by the Purchasing Director, shall constitute contract default.
Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Director, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Procurement Director shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.
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.
Bidders offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their bid. The absence of such a substitution list shall indicate that the bidder has taken no exception to the specifications contained herein.
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.
The County may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses, or other monies due to the County. Failure to respond three (3) consecutive times for any given commodity/service may result in removal from the supplier list under that commodity/service.
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.
Alterations of County documents are strictly prohibited and will result in automatic disqualification of the firm’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may make notes to those areas, but may not materially alter any document language.
Award will be made to the lowest responsive and responsible bidder. Conditional bids are not accepted. The quality of articles or performance of services to be supplied, their conformity with the specifications, their suitability to the requirements of County, and the delivery terms will be taken into consideration in making the award. County may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to County all such information and data for this purpose as County may request.
County reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders, or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest. In case of tie bid, the award will be made as follows:
County reserves the right to award by line item to more than one vendor or negotiate a lower price than the bid award price on any line item with the successful vendor, should the quantity required significantly exceed those on the bid documents, and to purchase related items/services from the awarded bidder(s) when necessary, provided the pricing granted is in accordance with the cost structure awarded for similar items/services.
If County is unable to negotiate an acceptable price, it reserves the right to rebid the item or services(s). If after the award of the bid there is a decrease in the price of a product from the manufacturer, or a rebate, the successful bidder shall pass that price decrease and/or rebate onto County.
Unless specifically stated herein, a bidder does not have the exclusive right to fill all of County’s requirements for the goods or services awarded, nor will County be obligated to purchase the estimated annual quantity, or any quantity contained in the bid documents.
The successful Bidder will be required to enter into a contract containing a provision for termination of the contract for the County’s convenience. The following is a sample of the provision.
The County, by written notice, may terminate this contract, in whole or in part, when it is in the County’s interest. If this contract is terminated, the County shall be liable only for goods or services delivered or accepted. The County Notice of Termination may provide the contractor thirty (30) days prior notice before it becomes effective. However, at the County’s sole option a termination of convenience may be effective immediately and may apply to delivery orders (if applicable) or to the contract in whole.
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.
Other cities and Authorities located in Cobb County will 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 the BOC and Cobb County Governmental entities listed under the Intergovernmental Cooperative Purchasing Program. 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.
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 submitting a Bid, the Bidder hereby agrees to indemnify, defend and hold harmless the County, its departments, employees and the Board of Commissioners 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, but only 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 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.
The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the County and the County's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an “Indemnified Party” and collectively the “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, expenses, and liability of any kind whatsoever, including but not limited to attorneys' fees and other legal expenses, (“Liabilities”) to the extent caused by or resulting from negligence, recklessness, or intentionally wrongful conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission 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 other rights or obligations of indemnity which would otherwise exist as to the party or person described in this Section Inter-Governmental Agreement.
In any and all claims against an Indemnified Party or Indemnified Parties by an employee of the Contractor, its subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section XXIV shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor, or its subcontractors, 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 and Indemnified Parties shall survive the expiration or termination of this Agreement provided that the claims are based upon or arise out of acts or omissions that occurred during the performance of this Agreement.
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.
Contractor acknowledges that it may receive confidential information of the County and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the County. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of County information whether specifically deemed confidential or not.
Contractor acknowledges that the County’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
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.
Should these General Terms and Conditions be in conflict with any attached Special Terms and Conditions, the Special Terms and Conditions will control.
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.
The term of the contract will be for a period of three (3) years from the date of award.
The County holds two (2) number of renewals with a length of one (1) year(s) each.
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
Pest Control Services for Cobb County Government Facilities
Cobb County Procurement Services Department
Sealed Bid #26-6992
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, have notarized and upload a completed copy. 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.
Select all that apply.
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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