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Jun 30, 2026 1:48 PM
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"Addenda & Notices issued following the posting of the project"
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- Construction,_Agricultural,_Landscaping_Equipment_and_Related_Products_and_Solutions_(Addendum_#1_Revision).pdf, A - SUBCONTRACTOR_AFFIDAVIT_&_AGREEMENT, B - IMMIGRATION_COMPLIANCE_CERTIFICATION, C - 26-6996_Const, Ag, Lndscp Equip_RFP_FINAL, D - OMNIA Partners Attachment A, #1 Addendum 1
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- Document Text
- 1. REQUEST FOR PROPOSALS
Construction, Agricultural, Landscaping Equipment and Related Products and Solutions
Cobb County Procurement Services Department
Sealed Proposal #26-6996
Introduction/Background
Cobb County (“Cobb” or “County”) is issuing this Request for Proposals (RFP) to solicit proposals from qualified firms to enter into a Master Agreement for a complete line of Construction, Agriculutural, Landscaping Equipment and Related Products and Solutions. This RFP includes a description of the scope of work, proposal requirements, and instructions for submitting a proposal response.
Responses must be received before 12:00 PM (noon) on Thursday, August 13, 2026, via the County's eProcurement Portal at https://procurement.opengov.com/portal/cobbcoga. Late responses will not be accepted.
There will be a Non-Mandatory PRE-PROPOSAL MEETING at 2:00 pm on Tuesday, June 23, 2026, at Virtual (Teams meeting)
Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/284630625118889?p=LqnDq8BePobHAfxOE5
Meeting ID: 284 630 625 118 889
Passcode: Sb9L9Wh9
________________________________________
Need help? | System reference
Dial in by phone
+1 469-998-7460,,441294488# United States, Dallas
Find a local number
Phone conference ID: 441 294 488#.
Any questions concerning this RFP must be submitted to the portal prior to 5:00 pm on Tuesday, August 4, 2026.
Resources for Support
Please find vendor guides from OpenGov to support vendor registration and submittal efforts at the following link: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed
For additional support, please reach out to the OpenGov Support Team at support@opengov.com or (650) 336-7167 from 7 AM to 10 PM Eastern.
2. PROPOSAL REQUIREMENTS
See the RFP attachment.
3. GENERAL INSTRUCTIONS FOR PROPOSERS, TERMS AND CONDITIONS
For the purposes of this solicitation, “proposer”, “vendor”, “contractor” and/or “seller”,” shall mean the party responding to the solicitation and “County” shall mean the Cobb County Government, including any departments, elected officials, or agencies thereof, and the Cobb County Procurement Services Department.
3.1. Preparation of Proposals/General Information
Requests for Proposals (RFP) issued by Cobb County are publicly advertised on the Cobb County website, (www.cobbcounty.org/procurement-services), 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.
Proposer is responsible for reviewing and understanding the requirements and specifics of this solicitation. Proposer 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 Proposer’s risk, as the Proposer may be held accountable for the Proposer’s submitted response.
Proposers shall furnish all information required by the bidding document or form, sign the proposal, and submit it through the County’s e-procurement portal (https://procurement.opengov.com/portal/cobbcoga). If applicable, the individual signing the proposal must initial any erasures or other changes.
By responding to this solicitation, a Proposer 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.
3.2. Questions and Explanation to Proposers
From the issue date of this solicitation until the final award(s) are announced, Proposers 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 questions, will be posted as an addendum through the County’s e-procurement portal. Written solicitation documents, including addenda, supersede any verbal or written communication. 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 in the proposal response.
It is a proposer’s ultimate responsibility prior to the close of the solicitation to, as applicable, 1) ensure that the proposer has all applicable addenda and 2) make any necessary or appropriate changes to the proposal. The County reserves the right to reject a proposal for violations of this provision. The Procurement Services Director will review violations of this provision and, if determined that such communication has compromised the competitive process, the response to this solicitation may be disqualified from consideration for award.
3.3. Submission of Proposals
The cost for developing each proposal, or quote and participating in the solicitation is the sole responsibility of the proposer. County assumes no expense, responsibility, or obligation of proposer.
Proposal Delivery
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 proposals will not be considered. Unsigned proposals will not be considered.
Proposals, 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 proposer to ensure that the solicitation response is submitted to the County.
Cobb County reserves the right to retain all proposals submitted, and to use any idea in any proposal regardless of whether that proposal is selected.
Format of Proposal
Presentation of the relevant information is at the discretion of the Proposer; however, the proposal must address all items identified in the section titled Proposal Requirements, or in any other specified section. To assist in the evaluation of proposals resulting from the solicitation, it is recommended that each proposal be written in a concise and forthright manner and that unnecessary marketing statement and materials be avoided.
Uniformity of Proposal
To facilitate comparative analysis and evaluation of proposals, it is desired that a uniform format be employed in structuring each proposal. The Proposer’s degree of compliance with the requirements of the solicitation will be a factor in the subsequent point-based evaluation of the proposal. Proposals with major deviations or omissions may not be considered for detailed study.
Proposals will be incorporated into the contract with the County, should the Proposer be awarded a contract with the County.
Prices Quoted in Proposal
The price and all unit price(s) provided shall be deemed to include all costs of proposer’s goods and/or performance of services as set forth in the proposal documents, including, but not limited to, the costs of labor, supervision, travel, services, materials, equipment, tools, scaffolds, hoisting, transportation, storage, insurance, and taxes. The response shall bind the proposer to furnish and deliver the goods and/or services quoted at the price(s) stated in accordance with the proposal
documents. Time payment discounts may be considered in arriving at net prices and in award of proposals.
Price(s) quoted by a proposer shall be the proposer’s firm and best price(s) and must be valid for a minimum of ninety (90) days from the date of proposal opening unless otherwise specified elsewhere in this solicitation.
Unit price(s) for each 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.
County Furnished Services or Property
No material, labor, services, or facilities will be furnished by County unless so provided in the proposal documents or solicitation.
SubstitutionsProposers offering and quoting substitutions that deviate from the proposal 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 Proposer has taken noexception to the specification(s) of the solicitation.
No Proposal
If no item or service is bid on, a “Statement of No Proposal” must be provided to County. The statement must be plainly marked “No Proposal” and include the bid number. Where more than one item or service is listed, any items not included in the response upon must be indicated “No Proposal”.
Contents of Proposal After Submission
Each proposer is required to keep the contents of its response confidential once submitted to County until the award to the successful proposer is made or the solicitation is cancelled with no intent to rebid. Releasing any information regarding a proposer’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 proposal 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 proposal
submittal.
3.4. Obligation to Defend, Indemnify, and Hold Harmless
By submitting a response, a proposer 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 proposal hereunder to the extent such claims are caused by the negligence, recklessness or intentionally wrongful conduct of the proposer or its agents, employees, associates, subcontractors or others working at the direction of proposer. 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 proposal and the dissolution or, to the extent allowed by law, the bankruptcy of the proposer.
3.5. Opening of Responses
Responses will be publicly opened and read at the time and place set forth in the solicitation. Unsigned responses will not be considered except where the response is enclosed with other documents, which have been signed. County has the sole discretion to make said determination.
3.6. Withdraw Proposal Due to Errors
A proposer shall give notice in writing of the proposer’s intent to withdraw a proposal without penalty due to an error within two (2) business days after the conclusion of the proposal opening. Proposal withdrawal is not automatically granted and will be allowed solely at the discretion of County.
Proposals may be withdrawn from consideration if the price was substantially lower than the other Proposals due solely to proposer’s mistake, provided that the proposal was submitted in good faith and: 1) the mistake was a clerical; and 2) it error can be clearly shown by objective evidence. The original work papers shall be the sole acceptable evidence of mistake.
No proposer allowed to withdraw a proposal 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 proposal was submitted.
3.7. Amendment or Cancellation of Solicitation
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 the 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 proposal pricing, lack of funding, when only one proposal is received and County cannot determine the reasonableness of the Proposal, or when it is otherwise in County's best interest. Notification will also be provided on the e-procurement portal.
3.8. Delivery
Each proposer 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).
3.9. F.O.B. Point
Unless otherwise stated by the County, items shall be shipped "Freight on Board (F.O.B.) Destination". Proposer 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, proposer assumes transportation and related charges either by payment or allowance.
3.10. Taxes
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 into County construction projects. Proposers should contact the State of Georgia Sales Tax Division for additional information. Tax Exemption Certificates may be furnished upon request.
3.11. Open Records; Confidential or Proprietary Information
Except as otherwise provided by law, information submitted to the 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 proposer'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 proposer claims that certain information in its response should not be disclosed because it is entitled to trade secret protection, the proposer 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 proposer claims information is exempt from disclosure under Georgia Open Records Act, a proposer must specify which exception(s) is/are applicable.
3.12. County's Confidential Inforrmation; Location of County Data
Proposer 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).
Proposers 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. Proposer 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 the data for Cobb County shall remain, and be stored, processed, accessed, viewed, transmitted, and received, always and exclusively within the contiguous United States.
3.13. Samples, Testing, and Inspection
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 proposer'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 proposer.
3.14. Originality, Title, and Intellectual Property Rights
Proposer represents and warrants that all concepts, materials, goods, and services produced or provided to County shall be: 1) wholly original with the proposer; or 2) that the proposer has secured all applicable interests, rights, licenses, permits, or other intellectual property rights in such concepts, materials, and works. Proposer 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.
3.15. Proposal Evaluation
The evaluation process will address current requirements and consider possible future operation and maintenance needs. Both objective and subjective rationale will be involved in this decision process.
Evaluation Responsibility
A selection committee will coordinate the review of all proposals and will submit its recommendation(s) to the County Manager and the Board of Commissioners
Presentations
During the evaluation process, the members of the selection committee may require that Proposers conduct a presentation. If required, these presentations will be scheduled in advance and limited in time. The location of the presentations will be pre-arranged.
Evaluation Method
The County uses a specific set of criteria for the qualitative evaluation of competitive proposals. These criteria are set forth by category. The structure of the evaluation will assign points to each response by category. A non-response to a specific category will result in no points being awarded for that category. Final rankings will be based on a combination of price/cost, where applicable, and qualitative factors.
Evaluation Criteria
The evaluation by any selection committee will be based upon the criteria set forth in the solicitation.
Unless specifically stated herein, a proposer does not have the exclusive right to fill all of the 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 solicitation documents.
All proposal requirements must be met, or capable of being met, by the responding firm or the proposal will be disqualified as non-responsive. It is extremely important that project schedules are met. Only those firms or teams with the necessary resources and a commitment to complete all project work on schedule should submit a proposal.
3.16. Award
Award will be made to the highest scoring responsive and responsible Proposer according to the evaluation criteria stated herein and only after approval by County and Board of Commissioners, if required. An award will be made in writing to the successful proposer. The County may make such investigations as it deems necessary to determine the ability of the proposer to perform, and the proposer shall furnish to County all such information and data for this purpose as County may request.
The County reserves the right to make an award as deemed in its best interest which may include awarding a proposal to a single proposer or multiple proposers; or to award the whole proposal, only part of the proposal, or none of the proposal to single or multiple Proposers, based on its sole discretion of its best interest.
3.17. Rejection of Proposals
Failure to observe any of the instructions or conditions in this solicitation may constitute grounds for rejection of a proposal, including but not limited to, incomplete proposals 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 proposals 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 reserve the right to reject any proposal if evidence submitted by, or investigation of such proposer, fails to satisfy County that such proposer is properly qualified or equipped to carry out the obligations of the solicitation.
3.18. Delivery Failures and/or Delays
Proposer shall make delivery of goods and services to County as required by the proposal documents or within the scheduled 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:
Cancel the order/contract in whole or in part;
Refuse to accept any subsequent delivery of the goods or services which proposer attempts to make;
Withhold the portion of the proposer's compensation which represents payment for services or products that were not performed or delivered as required;
Recover from the proposer any expenditure reasonably incurred by County in obtaining goods and services in substitution from another supplier; or/and
Claim damages for any additional costs, losses, or expenses incurred by County which are in any way attributable to proposer's delay or failure to deliver the goods or services on the date due.
3.19. Non-Collusion
By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief:
The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor.
Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor.
No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.
Collusions and fraud in proposal 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.
3.20. Conflict of Interest and Prohibition Against Contingent Fees
By submission of a proposal, the proposer certifies, under penalty of perjury, proposer 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 proposer become aware of any circumstances which may cause a conflict of interest during its performance pursuant to this solicitation, or any resulting contract, proposer shall immediately notify County. If County determines that a conflict of interest exists, County may require that the proposer take action to remedy the conflict of interest or terminate the proposal, or resulting contract, without liability. County shall have the right to recover any fees paid for services rendered by proposer which were performed while a conflict of interest existed if the proposer 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.
Proposer 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 proposer or its subcontractor(s), to solicit or secure its submitted proposal 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 proposal, 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.
Proposer shall require each of its subcontractor(s) to sign a statement certifying to and agreeing to comply with the terms in this provision.
3.21. Immigration Compliance
Proposer 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. Proposer is required to affirm proposer’s compliance by completing and returning the Georgia Security and Immigration Compliance Documents with the response. A successful proposer 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.
3.22. Sample Contract
Upon submitting a response to a solicitation containing a sample contract as part of the proposal documents, it is understood that the proposer 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.
3.23. Purchase Order
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 Proposer’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 proposer upon non-performance or violation of purchase order’s terms. An award may be made to the next highest responsive and responsible proposer, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting proposer (or proposer’s surety) may be liable to County for costs to County more than the defaulted contract prices; provided, however, that the proposer shall continue the performance to the extent not terminated under the provisions of this clause. Failure of the proposer to deliver materials or services within the time stipulated on the bid, unless extended in writing by the Purchasing Director, shall constitute default.
3.24. Duration/Multi-Year Contract Compliance
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.
3.25. Termination
The successful proposer 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.”
3.26. Indemnification
The successful proposer 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.”
3.27. Additional Agreements, Alternate Terms, or Exceptions
If a proposer desires to propose additional terms and conditions, including but not limited to a proposer-drafted contract, privacy policy, end user agreement, warranty, or invoice, then the proposer 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 proposer’s response. Exceptions which give the proposer a competitive advantage or which reject mandatory proposal requirements cannot be accepted. County has the discretion to accept or reject proposer’s exceptions, if any, and negotiate alternate terms. In no event is a proposer to submit its own standard contract or terms and conditions as a response to this solicitation unless requested to do so in the solicitation. County is under no obligation to consider terms or conditions proposed by the proposer that are not included in the proposer’s initial response and not disclosed in the manner as outlined in this paragraph. Said terms will be rejected by County as nonresponsive.
3.28. Alteration of Documents
Alteration of County documents is strictly prohibited and will result in automatic disqualification of a proposer’s response. If there are “exceptions” or comments to any of the proposal documents, solicitation requirements, or otherwise, the proposer shall comply with the requirements outlined herein. See Additional Agreements, Alternate Terms, or Exceptions.
3.29. Invalid Terms
In no event will any term contained in any proposal, bid, quote, or document attached thereto or referenced therein, including exhibits, attachments, or hyperlinks, be valid or enforceable against County if it:
Requires County to:
Defend, indemnify, or hold harmless any another person or entity; or
Be bound by terms and conditions that are unknown or that may be unilaterally changed by another party; or
Waive all damages, release all liability, or assume all risk; or
Warrant or guarantee any term or condition;
Waive the right to a jury trial; or
Pay attorney’s fees, court costs, or other litigation costs of a vendor in the event of a dispute that would constitute an illegal gratuity under Georgia law; or
Pay late payment fees, cancellation charges, penalties, interest, liquidated damages, or any other fee that would constitute an illegal gratuity under Georgia law; or
Provides for:
The contract, purchase, or transaction to be construed in accordance with the laws of a state other than the State of Georgia, or a venue for any action or dispute other than a court of competent jurisdiction in Cobb County, Georgia; or
Binding arbitration or binding mediation; or
An automatic renewal, lease, or financial arrangement such that County funds are or would be obligated in subsequent fiscal years; or
Payment of taxes or reimbursement of taxes;
Is inconsistent with the provisions of O.C.G.A. § 50-18-70 et seq., relating to open records.
3.30. Disputes and Governing Law
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.
3.31. Ineligible Proposers
County reserves the right to reject the proposal from a proposer 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.
3.32. Inter-Governmental Agreement
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.
3.33. Small and Minority Business Participation
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.
3.34. Electronic Signatures
In compliance with the Georgia Electronic Records and Signature Act Electronic, O.C.G.A. § 10-12-1, et seq., electronic signatures are permitted.
3.35. Special Terms and Conditions
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.
3.36. Authorized Representative
The individual whose name appears as signatory of this proposal, 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. Proposer further represents and warrants that it has full authority submit its response and, if awarded, contract with County.
3.37. Independent Contractor
Neither Proposer nor any of its employees, agents, or subcontractors shall be deemed to be employees or agents of County. Proposer is an independent contractor for all purposes, and at all times. Proposer shall, at its own and sole expense, comply with all local, state, and federal laws, rules and regulations that re now or may in the future become applicable to the proposer, proposer’s business or proposer’s employes or agents engaged in the scope work of this solicitation. Should County be the prevailing party in any legal action with the proposer 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 proposer. 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 proposer.
3.38. Warranties
In addition to any warranty or contractual rights provided to County under state or federal law, by submitting a response to this solicitation, the proposer 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. Proposer 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 proposer 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.
3.39. Occupation Tax Certificate
Each successful proposer shall provide evidence of a valid Cobb County occupation tax certificate if the proposer maintains an office within the unincorporated area of Cobb County. Incorporated, out of County, and out of state proposers 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.
3.40. General Contractor's License
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.
3.41. Insurance
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.
Coverage must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG 00 01 (2001 or newer addition), or otherwise acceptable to County, for comprehensive coverage including personal and advertising injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage for premises/operations, products/completed operations, independent contractors and contractual liability broad-form property damage, and underground, explosion and collapse hazard.
The policy or policies shall be on “an occurrence” basis unless “claims made” coverage provides continuing liability coverage (“tail”) is in force for at least two (2) years.
Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers, and agents (hereinafter referred to as “Insured Party” or “Insured Parties”) are to be covered as additional insureds via endorsement. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.
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.
Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers and agents are to be covered as additional insureds via endorsement. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.
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.)
In the event Contractor is performing technology services and/or providing software or data, Technology and Errors & Omissions coverage shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, 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, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement.
If Contractor’s professional liability policy is a “claims made” policy, then continuing liability coverage (“tail”) shall be in force for at least five (5) years.
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:
Limits of not less than $5,000,000 per incident and $5,000,000 aggregate for Bodily Injury, Property Damage, Environmental Damage or Clean-Up Costs, including coverage for Non-Owned Disposal Sites.
For Contractors whose scope of work includes transportation of hazardous materials, the insurance must also include coverage for pollution conditions arising from the transportation of hazardous materials.
Whether written on an “Occurrence” basis or on a “Claims Made” basis, coverage shall either be renewed continuously or shall provide an extended claims reporting period through all applicable stature of limitation periods following completion of the work.
Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers and agents are to be covered as additional insureds via endorsement. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.
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.
Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers, and agents are to be covered as additional insureds via endorsement. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.
If Contractor’s Umbrella Liability policy is a “claims made” policy, then continuing liability coverage (“tail”) shall be in force for at least five (5) years.
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.
3.42. Contract Term
The term of the contract will be for a period of three 4) years from the date of award.
3.43. Renewals
The contract may be extended at the option of the County for up to two (2) additional one (1) year terms.
4. EVALUATION CRITERIA
The Proposals will be evaluated based on the information presented in the proposal package, and on an analysis of other available information. The County and the cities may conduct such investigations or interviews as it deems necessary to assist in the evaluation of any proposal submitted and to establish to Cobb County’s and the cities’ satisfaction the qualifications of any respondent.
1. Relevant Experience/Performance
Evaluation of experience providing equipment and services to public agencies and any other relevant clients, capacity and stability to provide equipment and services and demonstrated understanding of the requirements of the RFP
Scoring Method:
Points Based
Weight (Points):
40 (30.8% of Total)
2. Product Options/Variety/Availability and Service Capability
Evaluation of equipment offering including variety of equipment and options, service capabilities including approach and options for delivery, and depth and availability of resources
Scoring Method:
Points Based
Weight (Points):
35 (26.9% of Total)
3. Financial Stability
Financial Stability of the top proposer(s) will be evaluated by the Finance Department in the following areas: Liquidity Ratios (1 point); Financial Leverage Ratios (2 points); Profitability Ratios (1 point); and whether an audited or reviewed Financial Statement is submitted with Proposal (1 point). A maximum of 5 points may be awarded. Proposers who receive a score of 2 points or less will be considered for award.
Scoring Method:
Points Based
Weight (Points):
5 (3.8% of Total)
4. Response to the National Program
Evaluation of commitment to national program including capacity, reporting and compliance
Scoring Method:
Points Based
Weight (Points):
20 (15.4% of Total)
5. Cost
Evaluation of the overall cost of the required services as submitted in the RFP, where applicable.
Scoring Method:
Points Based
Weight (Points):
30 (23.1% of Total)
5. VENDOR QUESTIONNAIRE
1. Company Background
1.1. Authorized representative contact information:*
Please provide the name, title, phone and email of the authorized representative
*Response required
1.2. Total number of firm’s full-time employees:*
*Response required
1.3. Number of years in business:*
*Response required
2. Proposal
2.1. CONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A)*
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
CONTRACTOR_AFFIDAVIT_&_AGREEMENT.pdf
*Response required
2.2. Proposal (WITHOUT COST)*
Please upload your proposal here. Do not include cost
*Response required
2.3. Cost Proposal*
Please upload your cost proposal here.
*Response required
2.4. Will you be including any supplementary documents with your submission?*
Yes
No
*Response required
When equals "Yes"
2.4.1. Please upload any supplementary documents here*
*Response required
6. ATTACHMENTS
A - SUBCONTRACTOR_AFFIDAVIT_&_AGREEMENT
B - IMMIGRATION_COMPLIANCE_CERTIFICATION
C - 26-6996_Const, Ag, Lndscp Equip_RFP_FINAL
D - OMNIA Partners Attachment A
